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HomeMy WebLinkAbout2014/07/16 - Agenda Packet R.0 1 city of cHo •• •■ • N• UCAMONGA 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 3rd Wednesdays 4 7:00 P.M. JULY 16, 2014 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Marc Steinorth Diane Williams • 4 CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman 5 - CITY CLERK Janice C. Reynolds 's "Ili 41111 , 0 ii INFORMATION FOR THE PUBLIC ': ; .--gck alio OICAMONGA TO ADDRESS THE FIRE BOARD, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL The Fire Board, Public Financing Authority,Successor Agency 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, Public Financing Authority, Successor Agency and 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 visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Public Financing Authority, Successor Agency 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 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. 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"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, Public Financing Authority, Successor Agency 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 (DSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board,Public Financing Authority,Successor Agency 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 Board,Public Financing Authority,Successor Agency and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us ElIf 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. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 1 CITY COUNCIL AGENDA _Atli-1int6CAMUNCn JULY 169 2014 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) r7 CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM Dl. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER AND LIEBERT CASSIDY WHITMORE PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12400 ARROW ROUTE (APN 0229-021-60-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND JEFF BLOOM, DEPUTY CITY MANAGER AND OMNITRANS; REGARDING PRICE AND TERMS. D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 5546 WEST BERYL AVENUE, AND GENERALLY REFERRED TO AS THE HERITAGE PARK EQUESTRIAN CENTER; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR; WILLIAM WITTKOPF, PUBLIC WORKS SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA AND THE ALTA LOMA RIDING CLUB; REGARDING LEASE TERMS. E. CITY MANAGER ANNOUNCEMENTS NO DISCUSSION OR ACTION WILL OCCUR 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. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 2 CITY COUNCIL AGENDA JULY 16, 2014 G. 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. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Steinorth and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. CIS Award and Recognition. I. 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. 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. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 3 CITY COUNCIL AGENDA JULY 16, 2014 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 may be removed by a Fire Board/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: July 2, 2014 (Regular Meeting) J2. Approval of Check Register dated June 25, 2014 through July 8, 2014 for the total of 1 $193,306.51. J3. Approval to receive and file current Investment Schedule as of June 30, 2014. 14 J4. Approve Amendment No. 001 to renew Contract (CO13-210) with Commercial Cleaning 19 Systems (CCS) of Costa Mesa, California, including a fee increase effective July 1, 2014 to June 30, 2015 for Citywide janitorial services as approved in the FY 2014-2015 budget in an amount not to exceed $480,000 for City and $20,000 for Fire District to be funded from 1 001 31 2-5304 (Facilities Maintenance), 1700312-5304 (Sports Complex), and 3281529- 5300 (Fire Facilities Maintenance). J5. Authorization to award the purchase of one (1) lot of rescue air bags for the Fire Protection 20 District, from L.N. Curtis & Sons of Oakland, California, in the amount of $83,840.08, as a single-source procurement, from Account No. 3288501-5603 (Capital — Equipment) and approve an appropriation in the amount of $83,850.00 from District Capital Reserves to Account No. 3288501-5603. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: July 2, 2014 (Regular Meeting) L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: July 2, 2014 (Regular Meeting) L2. Approval of Check Register dated June 25, 2014 through July 8, 2014 and payroll ending 22 July 8, 2014 for the total of$6,350,145.36. L3. Approval to receive and file current Investment Schedule as of June 30, 2014. 35 L4. Approval to renew Professional Services Agreement (CO#13-025) with Clearwater 44 Graphics, Inc. for the printing and production of the Grapevine, RC Reporter and Annual Report for FY 2014/15 to be funded from 1 001 401-5300 and 1001001-5300. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND q CITY COUNCIL AGENDA JULY 169 2014 L5. Consideration of approval of Resolutions ordering the preparation of the annual Engineer's 46 reports to initiate 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 Nos. 1 through 8, inclusive, for Fiscal Year 2014-15 and setting the time and place for a Public Hearing thereon, no increase of assessment rate is proposed. RESOLUTION NO. 14-115 49 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 2014-1 RESOLUTION NO. 14-116 51 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 2014-15 RESOLUTION NO. 14-117 53 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 2014-2015 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON L6. Consideration of approval of Resolutions ordering the preparation of the annual Engineer's reports to initiate proceedings to levy annual assessments, preliminarily approve the annual 203 Engineer's reports, declaring the City Council's intention to levy annual assessments within Landscape Maintenance District Nos. 1, 2, 3A, 313, 4-R, 5, 6-R, 7, 8, 9 and 10 for Fiscal Year 2014-15 and setting the time and place for a Public Hearing thereon. RESOLUTION NO. 14-118 206 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, 3B, 4-R, 5, 6-R, 7, B, 9, AND 10 FOR FISCAL YEAR 2014-15 FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 CITY COUNCIL AGENDA JULY 169 2014 RESOLUTION NO. 14-119 208 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, 38, 4-R, 5, 6-R, 7, 8, 9, AND 10 FOR FISCAL YEAR 2014-15 RESOLUTION NO. 14-120 210 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 2014-15 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 L7. Consideration of approval of Resolutions ordering the preparation of the annual Engineer's 481 reports to initiate 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 2014-15 and setting the time and place for a Public Hearing thereon. No increase of assessment rate is proposed or permitted. RESOLUTION NO. 14-121 483 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 2014-15 RESOLUTION NO. 14-122 485 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 2014-15 RESOLUTION NO. 14-123 487 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 2014-2015 PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND g CITY COUNCIL AGENDA <O, A1,,,.;, JULY 169 2014 L8. Approve Amendment No. 002 to renew Contract (CO12-102) with Utiliquest with a fee 502 increase effective July 1, 2014 through June 30, 2015 for underground marking services as approved in the FY 2014/2015 budget, in an amount not to exceed $64,000 to be funded from 1001318-5300 (Street Maintenance), 1124303-5300 (Transportation), and 1170303- 5300 (Gas Tax 2105/Prop 111). L9. Approve Amendment No. 001 to renew Contract (CO13-210) with Commercial Cleaning 503 Systems (CCS) of Costa Mesa, California, including a fee increase effective July 1, 2014 to June 30, 2015 for Citywide janitorial services as approved in the FY 2014-2015 budget in an amount not to exceed $480,000 for City and $20,000 for Fire District to be funded from 1001312-5304 (Facilities Maintenance), 1700312-5304 (Sports Complex), and 3281529- 5300 (Fire Facilities Maintenance). L10. Approve Amendment No. 002 to renew Contract (CO. 09-220) with Siemens Industry, Inc., 504 on a month-to-month basis with a fee increase effective July 1, 2014 and consistent with the original competitive bid process for Citywide traffic signal maintenance as approved in the FY 2014-2015 budget in an amount not to exceed $598,190 to be funded from Account Number 1177303-5300 (Measure 12010-2040). L11. Release of Maintenance Band No. SBA-800172 in the amount of$22,632.60 for the Sports 506 Complex Clarifier Replacement Project, Contract No. C013-014. L12. Accept the FY 2012/2013 sidewalk improvements for bus stops at 51 locations, Contract 507 No. 13-294 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 $150,758.95 and approve a Resolution to authorize the City Engineer to file a claim for the reimbursement of approved SANBAG Funding from the Transportation Development Act (TDA)Article 3, 20%Transit Access Funds. RESOLUTION NO. 14-124 510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2012/2013 SIDEWALK IMPROVEMENTS FOR BUS STOPS AT 51 LOCATIONS CONTRACT NO. 13-294 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK RESOLUTION NO. 14-125 511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO FILE A CLAIM FOR THE REIMBURSEMENT OF APPROVED SANBAG FUNDING FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3, 20% TRANSIT ACCESS FUNDS FOR THE FY 2012/2013 SIDEWALK IMPROVEMENTS FOR BUS STOPS AT 51 LOCATIONS FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 7 CITY COUNCIL AGENDA (6CAWN:;., JULY 16, 2014 L13. Approval of agreement for acquisition of real property and joint escrow instructions with 512 San Bernardino County Flood Control District for the acquisition of right-of-way located on proposed Wilson Avenue in the City of Rancho Cucamonga (APNs: 0225-131-05, -06, 07; 1087-081-29, -30; 0226-101-01) needed for the Wilson Avenue extension project and approval of an appropriation in the amount of $38,600 to Account No. 11243035650/1515124-0 from the Transportation Fund balance. L14. Accept the Deer Creek Channel bike trail improvements from Base Line Road to Highland 515 Avenue, Contract No. 13-130, 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$214,425.67. RESOLUTION NO. 14-126 518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS FROM BASE LINE ROAD TO HIGHLAND AVENUE, CONTRACT NO. 13-130, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L15. Approval to receive and file Animal Center statistics and outcome reports for May and June 519 2014. L16. Approval to allocate $8,000 awarded by Kaiser Foundation Hospital, Southern California Region into Healthy RC Revenue Account No. 1218000-4905 and appropriate $8,000 into 540 Account No. 1218102-5200/0-3716 for costs associated with the development and coordination of the Healthy RC Bringing Health Home Program. L17. Approval to award a Single Source Contract with Dell Direct to purchase three (3) Dell 541 Equallogic Storage Area Network Systems and four (6) Computer Server Systems and maintenance in the Amount of $220,090 funded from Account 1 71 4001-5605 (Computer Equipment/Technology Replacement Fund, Capital Outlay-Computer Equipment). M. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The City 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 Council Member. M1. Environmental Assessment and Development Code Amendment DRC2014-00205 City of 542 Rancho Cucamonga - a supplement to Development Code update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. Staff has prepared a negative declaration of the environmental impacts for consideration. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 8 CITY COUNCIL AGENDA JULY 169 2014 ORDINANCE NO. 867 (SECOND READING) 543 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENT TO THE DEVELOPMENT CODE UPDATE, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLARIFY DEFINITIONS, ADMINISTRATIVE PROCEDURES AND CORRECT PRIOR ERRORS AND OMISSIONS N. 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. N1. Consideration of public interest, convenience and necessity in granting a Taxicab Services 591 Permit to Express Transportation Systems DBA Checker Cab/AA Inland Empire Cab. N2. Adopt Resolution No. 14-128, establishing City-wide Development Impact fees for 603 Community and Recreation, Library, Animal Center, Police, Park Land Acquisition in-lieu/ Park Land Acquisition, and Park Improvement Impact fees for the purpose of maintaining the levels of service currently provided by the City. RESOLUTION NO. 14-128 717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CITY-WIDE DEVELOPMENT IMPACT FEES FOR COMMUNITY AND RECREATION, LIBRARY, ANIMAL CENTER, POLICE, PARK LAND ACQUISITION IN-LIEU/ PARK LAND ACQUISITION, AND PARK IMPROVEMENT O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. Approval of a Resolution authorizing the issuance of bonds for Community Facilities District 720 No. 2000-03 (Rancho Summit) Tax Refunding Bonds, Series 2014 in an aggregate principal amount not to exceed $8,200,000 (Eight Million, Two Hundred Thousand Dollars) and the defeasance and refunding for prior special tax bonds. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND g CITY COUNCIL AGENDA JULY 16, 2014 RESOLUTION NO, 14-127 722 A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO CUCAMONGA AUTHORIZING THE ISSUANCE OF BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 SPECIAL TAX REFUNDING BONDS, SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,200,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT THEREOF, APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AUTHORIZING THE DIRECT SALE OF THE BONDS TO CITY NATIONAL BANK AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS 02. Community Services Department annual highlight of programs and services. (Oral Report) 03. Regional NPDES Permit Concerns. 808-1 P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. DESIGNATION OF A VOTING REPRESENTATIVE AND ALTERNATES FOR THE 2014 809 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING, P2. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT 1, Debra L. McNay, 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 July 10, 2014, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. July 2, 2014 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION, REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a regular closed session on Wednesday, July 2, 2014 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 Council/Fire Protection District Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney Jim Markman; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Lori Sassoon, Deputy City Manager/Administrative Services and Robert Neiuber, Human Resource Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER AND LIEBERT CASSIDY WHITMORE PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12400 ARROW ROUTE (APN 0229- 021-60-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND JEFF BLOOM, DEPUTY CITY MANAGER AND OMNITRANS; REGARDING PRICE AND TERMS. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. E. CITY MANAGER ANNOUNCEMENTS I No discussion or actions were taken. 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. The closed session recessed at 6:30 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 1 of 10 The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, 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 Council/Fire Protection District/Successor Agency Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Lori Sassoon, Deputy City Manager/Administrative Services; Robert Neiuber, Human Resources Director; Trang Huynh, Building & Safety Services Director; Bill Wittkopf, Public Works Services Director; Veronica Fincher, Animal Care and Services Director; Fire Chief Mike Bell; Tony Onodera, Police Chief; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. PUBLIC COMMUNICATIONS I H1. Mike Moore indicated that many times some employees are not recognized and treated differently than others. He asked the City Council to do the right thing. H2. Janet Walton offered a prayer. H3. Dana Keithly addressed specific animals housed at the Animal Care and Adoption Center and their various outcomes. She noted that several times animals had several different outcomes, which resulted in these numbers being reported incorrectly. There were two animals that had six positive outcomes that were added to the foster care outcome and inflated the overall placement rate. H4. Marla Tauscher indicated that the Center's annual report was incomplete and did not contain any verifiable information. She noted that the raw data and reports do not reflect the numbers written in the annual report. H5. David Dykstra noted that many years have passed without achieving the No Kill goal. Every conceivable opportunity has been given and there is fraud, mismanagement at the Center. H6.Tressy Capps reported that the pilot bus program was voted down by the School Board and indicated that all School Board incumbents should be removed from office in the upcoming election. She noted that no more homes should be built in the Etiwanda School District until this is resolved. CONSENT CALENDARS: 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. I. CONSENT CALENDAR - FIRE PROTECTION DISTRICT I 11. Approval of Minutes: June 18, 2014 (Regular Meeting) June 11, 2014 (Special Meeting) * DRAFT * July 2, 2014 1 Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga 1 City Council Minutes 1 Page 2 of 10 12. Approval of Check Register dated June 11, 2014 through June 24, 2014 for the total of $168,890.64. 13. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 14- 1 (APN: 0209-122-01— Royal Falcon Investment Company LLC, Owner) located on the northeast corner of Center Avenue and 24th Street into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-018 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. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14- 1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 14. Approval to adopt an Annexation Map showing Assessor Parcel Number 0209-122-01, (Royal Falcon Investment Company LLC, Owner), located on the northeast corner of Center Avenue and 241h Street, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-1) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 15. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 14- 3 (APN: 0229-192-20—All State Paper& Metal Recycling CO., Owner) located on the south side of Whittram Avenue east of Pecan Avenue into Community Facilities District No. 85-1,specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the Annexation Territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-020 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. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14- 3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 16. Approval to adopt an annexation map showing Assessor Parcel Number 0229-192-20, (All State Paper & Metal Recycling CO., Owner), located on the south side of Whittram Avenue east of Pecan Avenue, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-3) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 3 of 10 NO. 85-1 17. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 14- 4 (APN: 1089-581-06— Etiwanda Congregation Jehovah's Witness., Owner) located on 12692 Base Line Road into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-022 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. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14- 4) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 18. Approval to adopt an annexation map showing Assessor Parcel Number 1089-581-06, (Etiwanda Congregation Jehovah's Witness., Owner), located at 12692 Base Line Road, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-023 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO.. 14-4) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 19. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 14- 5 (APN: 1089-581-01— DR Horton., Owner) located at the north east corner of Base Line Road and San Carmela Court into Community Facilities District No.85-1,specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-024 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. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14- 5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 110. Approval to adopt an annexation map showing Assessor Parcel Number 1089-581-01, (DR Horton., Owner), located at the north east corner of Base Line Road and San Carmela Court, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-5) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 111. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 14- 6 (APN: 0229-041-09— Lennar Homes., Owner) located at 13200 Arrow Route into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 4 of 10 special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-026 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. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14- 6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 112. Approval to adopt an annexation map showing Assessor Parcel Number 0229-041-09, (Lennar Homes., Owner), located at 13200 Arrow Route, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-027 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-6) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 113. Accept the bids received and award and authorize the execution of the contract in the amount of$2,651,034.00,to the lowest responsive bidder, Oakview Constructors Inc., and authorize the expenditure of a 10% contingency in the amount of $265,103.40, for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility to be funded from Fire Protection District Capital Funds, Account No. 3288501-5602 and approve an appropriation in the amount of $416,140.00 from Fire District Capital Reserves to Account No. 3288501-5602 with authorization for staff to allocate the appropriation among capital-related expenditure object numbers as needed. 114. Authorization to execute a Memorandum of Understanding for Phase II Joint Solar Procurement with SANBAG, approval of Resolution No. FD 14-028 for the reimbursement to the City for related cost through the California Statewide Communities Development Financing Program; and authorize the appropriation of$12,775 from Fund 133 for an additional solar candidate site. RESOLUTION NO. FD 14-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AUTHORIZING REIMBURSEMENT TO CITY OF COSTS RELATED TO SANBAG'S PHASE II JOINT SOLAR PROCUREMENT THROUGH ITS PARTICIPATION IN CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FINANCING PROGRAM MOTION: Moved by Spagnolo, seconded by Williams,to approve the staff recommendations in the staff reports. Motion carried 5-0. IK. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY J1. Approval of Minutes: June 18, 2014 (Regular Meeting) MOTION: Moved by Alexander, seconded by Spagnolo, to approve the minutes. Motion carried 5-0. * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 5 of 10 L. CONSENT CALENDAR - CITY COUNCIL K1. Approval of Minutes: June 18, 2014 (Regular Meeting) June 11, 2014 (Special Meeting) K2. Approval of Check Register dated June 11,2014 through June 24, 2014 and payroll ending June 24, 2014 for the total of $5,354,338.26. K3. Accept the Central Park Pavilion Project, Contract No. 13-146 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 $261,363.09. RESOLUTION NO. 14-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CENTRAL PARK PAVILION PROJECT, CONTRACT NO. 13-146 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K4. Approval of a contract extension between NEC Corporation of America and the City of Rancho Cucamonga for Telephone System Maintenance and Support Services for Fiscal Year 2014/15, and approve an authorization to appropriate $3,186.00 from Telecommunications Fund 1001217-5300 (Contract Services). K5. Authorization to execute an Enterprise License Agreement (ELA) for Geographic Information Systems (GIS) Software between Environmental System Research Institute (ESRI) and the City of Rancho Cucamonga in the total amount of$300,000 for a three (3) year term beginning Fiscal Year 2014/2015 through Fiscal Year 2016/2017 payable in three annual installments. K6. Approval of Amendment No. 001 renewing the Professional Services Agreements with a fee increase for Ninyo & Moore (CO 13-132), Leighton Consulting, Inc. (CO 13-134) and Converse Consultants (CO 13-135) for providing annual soils and materials testing services for FY 2014/2015, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2014/2015 Budget. K7. Approval to authorize the advertising of the "Notice Inviting Bids" for the 19th Street Pavement Rehabilitation from Haven Avenue to West City Limit and Hellman Avenue from Base Line Road to 19th Street to be funded from Gas Tax RT7360 and Measure I funds. RESOLUTION NO. 14-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE"19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K8. Accept the Sidewalk Improvements at 9th Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street,Contract No. 14-011 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 $152,853.50. * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 6 of 10 RESOLUTION NO. 14-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET, CONTRACT NO. 14-011 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K9. Approval of an agreement for acquisition of real property and joint escrow instructions with Intex Properties Inland Empire Corp. for the acquisition of right-of-way located at 5747 East Avenue in the City of Rancho Cucamonga(APN 0225-131-21) needed for the Wilson Avenue Extension and Rehabilitation Project and the approval of an appropriation of $4,300 to Account No. 11243035650/1515124-0 from undesignated fund balance. K10. Recommendation to quitclaim vehicular access rights for Lot 15 of Tract Map 9324, along Carnelian Avenue located on the west side of Carnelian Avenue south of Hillside Road —APN 1061-671-28. Related File: DRC2014-00030. RESOLUTION NO. 14-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECCESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED K11. Approval of final map and monumentation cash deposit for Parcel Map 18904, located at the southwest corner of Laurel Street and Red Oak Avenue, submitted by RC Laurel Properties, LLC, a California Limited Liability Company. RESOLUTION NO. 14-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP AND MONUMENTATION CASH DEPOSIT FOR PARCEL MAP 18904 K12. Approval of final map for Parcel Map 19481, located at 10801 and 10803 Foothill Boulevard, north side of Laurel Street, submitted by PV Rancho LLC, a California limited liability company. RESOLUTION NO. 14-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP FOR PARCEL MAP 19481 K13. Approval of Amendment No. 06 renewing the Professional Services Agreements with a fee increase for All City Management Services, Inc. (CO#13-150) for Professional Crossing Guard Services to be funded from Account No. 10187015300 (Contract Services FY 2014-15). K14. Consideration to set a public hearing to approve revisions to the residential and commercial/industrial refuse and recycling rates. * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 7 of 10 K15. Authorization to execute a Memorandum of Understanding for Phase II Joint Solar Procurement with SANBAG, approval of Resolution No. 14-114 for the reimbursement to the City for related cost through the California Statewide Communities Development Financing Program; and authorize the appropriation of$12,775 from Fund 133 for an additional solar candidate site. RESOLUTION NO. 14-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING REIMBURSEMENT TO CITY OF COSTS RELATED TO SANBAG'S PHASE II JOINT SOLAR PROCUREMENT THROUGH ITS PARTICIPATION IN CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FINANCING PROGRAM MOTION: Moved by Steinorth, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. L. ADVERTISED PUBLIC HEARINGS CITY COUNCIL 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. L1. Environmental Assessment and Development Code Amendment DRC2014-00205 City of Rancho Cucamonga-a supplement to Development Code update (DRC2010-00571)amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. Staff has prepared a negative declaration of the environmental impacts for consideration. ORDINANCE NO. 867 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENT TO THE DEVELOPMENT CODE UPDATE, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLARIFY DEFINITIONS, ADMINISTRATIVE PROCEDURES AND CORRECT PRIOR ERRORS AND OMISSIONS Associate Planner Jennifer Nakamura presented the staff report. 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. 867. MOTION: Moved by Williams, seconded by Spagnolo,to take up Ordinance No. 867 for first reading and set second reading for July 16, 2014. Motion carried 5-0. M. CITY MANAGER'S STAFF REPORTS CITY COUNCIL & FIRE PROTECTION DISTRICT The following items have no legal publication or posting requirements. M1. Update on 2014 City Council Goals. - City * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes Page 8 of 10 Linda Daniels, Assistant City Manager, presented the staff report. The Mayor thanked the Assistant City Manager for the update. M2. Approval to authorize an increase to Contract No. FD13-019 in the amount of $1,237,500.00 ($1,125,000.00 plus a ten (10) percent contingency) to HMC Architects and approve Amendment No. 02 for the addition of Phase II Architectural, Civil, Electrical, Mechanical and Structural Engineering services to the original architectural design services for the Fire District Training Center, in accordance with the proposal dated May 22, 2014, funded from Account No. 3288501-5650/1735288-6311 (Capital Project—Training Facility) and approve an appropriation in the amount of $1,237,500.00 from Fire District Capital Reserves to Account No. 3288501- 5650/1735288-6311. - Fire Deputy Fire Chief Mike Costello presented the staff report. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendation in the staff report. Motion carried 5-0. N. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. N1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Mayor Pro Tern Spagnolo reported on the public meetings that Omnitrans recently held regarding the proposed dedicated bus lines in the West Valley connector. Mayor Michael indicated that he recently attended a San Bernardino Associated Governments meeting during which the Board discussed a bridge proposed at Mt. Vernon and Washington on the I-15 and the use of Express Lanes versus HOV lanes. N2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Mayor Pro Team Spagnolo indicated that he would like to address the statements made by a sitting Council member regarding the Animal Care and Adoption Center, the Director of the Center and this year's annual report. He believed that it was his duty and responsibility to set straight inaccurate statements and did not wish to debate or further inflame passions. He solely wished to exercise his right to read into the record important facts about this matter and made the following statement, "First, the employees who work for our City are dedicated professionals. They are committed to serve our community according to high standards and core values that we all share. Honesty, integrity and professionalism are among those values. I have read and re-read the annual report that was presented last meeting. I have re-watched the video presentations and I have asked staff a number of follow up questions. I find no material inaccuracies and I personally stand behind the full report as accurate and professional. Dissenting opinions and votes are not concerning to me. In fact when we have spirited discussions, they are constructive and cause us to consider diverse opinions and I think we come away with a better Council decision. But there are proper ways to express our opinions and concerns and there are also improper ways that serve no useful purpose. A belligerent response to a staff report during a Council meeting serves no useful purpose and it creates an unhealthy working environment. Any concerns we have had can and should be addressed in a civil, professional manner and I believe that this will produce far better results." Council Member Alexander noted that he was going to address the same matter. He noted that he would require more time to work on the response to the annual report. Also, Council Member Alexander was amazed that the annual report would be considered to be a thorough report. He was sorry that his * DRAFT * July 2, 20141 Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga 1 City Council Minutes 1 Page 9 of 10 statements were taken personally. He requested time to present further information and hoped that this information would be heard by the Council once it was developed. Mayor Michael noted that one of the Council norms was to be cautions on being over-critical of an individual, regardless of the individual or the report. The Council has seen other annual reports similar to the one for the Animal Care and Adoption Center. He was concerned with asking our personnel to be over-achievers and risk takers. Mayor Michael noted that our stated goals could not be achieved if staff becomes concerned with taking too much risk. He asked that the Council focus on the numbers, not the personnel involved. 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified. P. ADJOURNMENT I The meeting was adjourned at 7:59 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * * DRAFT * July 2, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes Page 10 of 10 �O` t 4/. ..{53...... ..1 C r 7 ..,. a 1� U✓ i J 0 ■ ■ � , 4 TIMI a/ , _ x• M J O O V ty N (111) 13 ,,,. M 08 .., i in in W L to Q i . , _. 101 /NW =1,--11161111611ffer= 11111 lot .. 111114111. .r • 11 \ 401. • ) . "1111)1A fr , • . 414111‘ .4111111k•.-- . . ivrt 000111.1. lirr s. , 1 • isapiropoi ea ,Jodwit foe% - t ' .ve t k ` - 'i A. f — _ L . ~ tope l: • • j his .r • • o CD CO ctl 0 E 0 0 = C aD C� co 0_c . U " C 0- -) cc rg t cu �' W V OLia W Z �> J LL 0 0) W O ,., M Lim � U = QD I— .a O W E � � m � . O z d 2 Q Z ' d ` Q O o N U '_ W ~ N a ° � `° Q W c.> E- a " '5 zL - � >. 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Express Transportation Systems 6782 Columbus Street Riverside, CA. 92504 List of Partners with Express Transportation Systems Riverside County Health Care Riverside Community Hospital Park View Community Hospital San Dimas Community Hospital Foothill Presbyterian Hospital Canyon Ridge Hospital Doctors Hospital Kaiser Permanente California Department of Rehabilitation California Department of Social Services Network Medical Universal Care Inland Empire Health Plan(IEHP) Inland Faculty La Salle Physicians Health Network Primary Providers Regal Medical Group Easy Choice Health Plan Scan Health Plan Homelink Department of Aging MTM Transportation MTI Transportation American Cancer Society US Healthworks Access Transportation Services American Logistics Molina Health Care Health Net Care First Health Plan LA Care VA Hospital Loma Linda Riverside County Transportation Commission This is a list of some of our partners, and letters of recommendation can be provided upon your request. Senate Bill No. 1519 • CHAPTER 721 An act to add Sections 53075.7, 53075.8,and 53075.9 to the Government Code, relating to taxicabs. [Approved by Governor September 30,2008.Filed with Secretary of State September 30,2008.1 LEGISLATIVE COUNSEL'S DIGEST SB 1519, Yee. Local governments: taxicabs. (1) Existing law requires every city or county to adopt an ordinance or resolution regarding taxicab transportation service, including,but not limited to, provisions for a policy for the entry into the business of providing taxicab transportation service and for the establishment or registration of rates for the provision of that service. This—bill-would require the local agency, defined as the local entity responsible-for-the.regulation of,and enforcement of, rules, regulations, or ordinances governing, taxicabs within the local jurisdiction, upon receipt or a complaint containing sufficient information to warrant conducting an investigation, to investigate any business that advertises a taxicab transportation service for hire identified in the complaint. The bill would require the local agency, by ordinance, resolution, or other appropriate procedure, to adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation. This bill would also require every taxicab transportation service to include the number of its certificate, license, or permit in every written or oral advertisement, as defined,of the services it offers, and would authorize the local agency to impose a fine of not more than $5,000 if it finds, after a hearing,that a person or corporation is operating as a taxicab transportation service without a valid certificate, license, or permit, or fails to include the number of the certificate.or-permit-in.any-writtemoNoral'advertisement. (2)"Ezisting law provides for the termination of telephonesecvlce by a telephone-corporation or telegraph corporation to a charter-party carrier of passengers without a valid certificate or permit, pursuant to specified procedures by the Public Utilities Commission. This bill would provide for the termination of telephone service by a telephone corporation or telegraph corporation to a taxicab transportation service without a valid certificate, license,or permit and places enforcement of this prohibition with the local agency. By imposing a new or higher level of service upon local governments, this bill would impose a state-mandated local program. • 94 Ch. 721 —2— (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as fol lows: SECTION 1. Section 53075.7 is added to the Government Code,to read: 53075.7. (a) Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the local agency shall investigate any business that advertises or operates taxicab transportation service for hire. The local agency shall, by ordinance, resolution, or other appropriate procedure,adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the local agency shall do all of the following: (1) Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license,or permit as required by ordinance, but do not have that valid authority to operate. (2) Inform any business not having valid authority to operate that it-is in violation of law. (3) Within 60 days of informing the business pursuant to paragraph (2), institute civil or criminal proceedings, or both, pursuant to the governing municipal code or other authority of jurisdiction. (b) For purposes of this section: (1) ""Advertises"means any action described in subdivision(b)of Section 53075.9. (2) "Local agency" means the local entity responsible for the regulation, including, but not limited to, the certification, licensing, or permitting of, and enforcement of rules, regulations, or ordinances governing, taxicabs within the local jurisdiction. SEC. 2. Section 53075.8 is added to the Government Code, to read: 53075.8. (a) The Legislature finds and declares that advertising and use of telephone service is essential for a taxicab transportation service to obtain business and conduct intrastate passenger transportation services. Unlawful advertisements by taxicabs operating without a valid taxicab certificate, license, or permit required by any ordinance has resulted in properly certificated,licensed,and permitted taxicab operators competing with these taxicabs operating without a proper taxicab certificate, license, or permit using unfair business practices.Taxicabs operating without a proper taxicab certificate, license,or permit have also exposed passengers to unscrupulous persons who portray themselves as lawful operators. Many of these taxicabs operating without a proper taxicab certificate, license, or permit have been found to have also been operating without insurance,or in an unsafe manner, thereby placing their passengers at risk. 91 _3_ Ch.721 (b) (1) The Legislature further finds and declares that the termination of telephone service utilized by taxicabs operating without proper authority is essential to ensure the public safety and welfare.Therefore, local agencies should take enforcement action, as specified in this section, to disconnect telephone service of unauthorized taxicab operators who unlawfully advertise passenger transportation services in yellow page directories and other publications. The enforcement actions provided for by this section are consistent with the decision of the California Supreme Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638. (2) For purposes of this section, a telephone corporation or telegraph corporation,or a corporation that holds a controlling interest in the telephone or telegraph corporation, or any business that is a subsidiary or affiliate of the telephone or telegraph corporation, that has the name and address of the subscriber to a telephone number being used by a unauthorized taxicab operator shall provide the local agency, or an authorized officer or employee of the local agency, upon demand, and the order of a magistrate, access to this information.A magistrate may only issue an order for the purposes of this subdivision, if the magistrate has made the findings required by paragraph (2) of subdivision (f). (c) (1) In addition to any other remedies that may be available by law, if a local agency determines that a taxicab transportation service has operated within the local agency's jurisdiction in violation of the local agency's ordinance adopted under Section 53075.5, the local agency may notify the taxicab operator that the local agency intends to seek termination of the operator's telephone service. The notice shall be sent by certified mail to the operator at the operator's last known mailing address. If the local agency is unable to determine the operator's mailing address,the local agency shall post the notice for at least 10 calendar days. (2) The notice shall contain sufficient information to identify the taxicab transportation service,to inform the taxicab operator of the alleged violations of the local agency's ordinance, and the procedures for protesting the allegations contained in the notice. (d) The taxicab operator,within 10 calendar days of the date of the notice, may contest the allegations contained in the notice by filing a written protest with the local agency. The local agency shall schedule a hearing on the protest within 21 calendar days of receiving the protest. (e) The governing body of the local agency, or any person or persons as may be designated by the governing body, shall hear the protest.The local agency shall have both the burden of providing that the use made, or to be made, of the telephone service is to hold out to the public to perform, or to assist in performing, services as a taxicab transportation service, and that the telephone service is being,or is to be,used as an instrumentality,directly or indirectly, to violate, or assist in violating, the local agency's applicable ordinance. The taxicab operator, or his or her designated representative, shall be allowed to present evidence to answer or refute any allegations presented to the hearing body by the local agency. The hearing body may continue the hearing from time to time.Within 10 calendar days of the close 94 Ch.721 —4— of the hearing, the hearing body shall issue a written decision to uphold or reject, in whole or in part, the allegations contained in the notice. If the hearing body upholds the allegations in whole or in part,the written decision shall state either that the allegations are sufficient to justify seeking termination of the taxicab operator's telephone service,or that the allegations are not sufficient. (f) (1) If the local agency does not receive a timely protest, or, after a protest hearing held pursuant to subdivision (d), the hearing body has determined that the allegations are sufficient to justify seeking termination of the telephone operator's telephone service, the local agency may seek termination of the taxicab operator's telephone service as provided in this section. (2) A telephone or telegraph corporation shall refuse telephone service to a new subscriber and shall disconnect telephone service of an existing subscriber only after it is shown that other available enforcement remedies of the local agency have failed to terminate unlawful activities detrimental to the public welfare and safety,and upon receipt from any authorized officer or employee of the local agency of a writing, signed by a magistrate, as defined by Sections 807 and 808 of the Penal Code, finding that probable cause exists to believe that the subscriber is advertising or holding out to the public to perform taxicab transportation services in violation of the local agency's applicable ordinance, or that the telephone service otherwise is being used or is to he used as an instrumentality, directly or indirectly, to violate or assist in violation of the laws requiring a taxicab operator to have valid operating authority. Included in the writing of the magistrate shall be a finding that there is probable cause to believe that the subject telephone facilities have been, or are to be, used in the commission or facilitation of holding out to the public to perform taxicab transportation services in violation of the local agency's applicable ordinance. (g) The telephone or telegraph corporation,immediately upon refusal or disconnection of service in accordance with paragraph (2) of subdivision (f), shall notify the subscriber in writing that the refusal or disconnection of telephone service has been made pursuant to a request of a local agency and the writing of a magistrate, and shall include a copy of this section, a copy of the writing of the magistrate, and a statement that the customer of the subscriber may request information from the local agency concerning any provision of this section and the manner in which a complaint may be filed. (h) The provisions of this section are an implied terns of every contract for telephone service and a part of any application for telephone service. Applicants for, and subscribers and customers of, telephone service, have, as a matter of law, consented to the provisions of this section as a consideration for the furnishing of the telephone service. (i) As used in this section, the terms -person," "customer,- and "subscriber" include the subscriber to telephone service, any person using the telephone service of a subscriber, an applicant for telephone service, a 94 _5— Ch.721 corporation, a limited liability company, a partnership, an association, and includes their lessees and assigns. (j) As used in this section, the following terms have the following meanings: (1) "Authorized officer or employee of the local agency" includes any employee of the local agency designated by the local agency's governing body. (2) "Local agency" has the same meaning as specified in subdivision(b) of Section 53075.7. (3) "Telegraph corporation" has the same meaning as specified in Section 236 of the Public Utilities Code. (4) "Telephone corporation" has the same meaning as specified in Section 234 of the Public Utilities Code. SEC. 3. Section 53075.9 is added to the Government Code, to read: 53075.9. (a) Every taxicab transportation service shall include the number of its certificate, license, or permit in every written or oral advertisement of the services it offers. r(6) For purposes of this subdivision "advertisement" includes but is not limited to, tfie issuance of anycard, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter. (c) Whenever the local agency, after a hearing, finds that any person or corporation is operating as a taxicab transportation service without a valid certificate, license, or permit or fails to include in any written or oral advertisement the number required by subdivision(a)of Section 50739,the local agency may impose a fine of not more than five thousand dollars ($5,000) for each violation. The local agency may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the local agency. The local agency may assess interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in a fund established for the purpose of enforcing the provisions of this section. (d) For purposes of this section, "local agency" has the same meaning as specified in subdivision (b) of Section 53075.7. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act provides for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, within the meaning of Section 17556 of the Government Code. 0 94 • • We proudly operate: r\,\ �(.fa J.1 j Book Online or Call Yellow j • (888) 333-TAXI ;;; a4,. j 'S' a sr:os Cab e I ., _ _ -HOME f SERVICES' •f"RATES {--'RESERVATIONS j COHTAc Taxicab '1 Limo 8 Sedan 'Paratransit ` r [ Y ... e1 Taxicab Compau�' Can Count On } View `t Book Rates lYoao { t (� _ / You are in the right place if yoc are � �ppp�! looking for a premier Taxi or To•.vn Car I r—_. 1 in the San Gabriel Valley or Inland Empire area that is dedicated to .x. �- "'-'-f' providing friendly, professional. reliable - / ' I -" k,: and affordable transportation service. � r -_r- / _1.._. 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Uber.Better Than ACab. www.uber.com/Sign-Up-Now The Easiest Way to Get a Ride Fast.Sign Up For Uber 8.Get$10 Credit. ©2014 WhitePages Inc.- Privacy Policy and Terms of Use http:/hw.w.whit epages.coMbusiness/yelI0W-Cab-co-riserside-ca-1 1/1 Title 8- HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE Chapter 8.30 - TAXICAB SERVICE Sections: 8.30.010 - Definitions. 8.30.020 - Permit required for taxicab service. 8.30.030 -Application for taxicab service permit. 8.30.040 - Issuance of a taxicab service permit. 8.30.050 -Grounds for denial or revocation of taxicab service permit. 8.30.060 - Permit fees. 8.30.065 -Taximeters—Required. 8.30.070 -Taxicab driver's permit required. 8.30.080 -Application for a taxicab drivers permit. 8.30.090 -Grounds for denial or revocation of taxicab drivers permit. 8.30.100 - Issuance of taxicab driver's permit. 8.30.105 - Requirements applicable to taxicab drivers. 8.30.110 -Appeal procedures. 8.30.120 - Revocation of permits. 8.30.130 - Exemptions. 8.30.140 -Time for compliance by existing taxicab services and taxicab drivers. 8.30.150 - Penalty for violation. 8.30.010 - Definitions. As used in the chapter, the following terms shall have the meanings set forth below: A. "Driver" means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as herein defined. B. "Owner" means every person having control, whether by outright ownership, lease or otherwise of any taxicabs for hire. C. "Person" means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or society, exclusive of public agencies. D. "Taxicab" means any vehicle which is used to provide taxicab service as defined in this chapter. E. "Taxicab service" means any public passenger transportation service available for hire on call or demand over the public streets of the city where the service is not provided over a defined route but between such points and over such routes as may be directed by the person(s) hiring the same, and irrespective of whether the operations extend beyond the area of the corporate limits of the city. (Ord. 501 § 1 (part), 1992) Rancho Cucamonga, California, Code of Ordinances Page 1 • Title 8- HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE 8.30.020 - Permit required for taxicab service. It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab service within the city without having a permit to do so under the provisions of this chapter. (Ord. 501 § 1 (part), 1992) 8.30.030 -Application for taxicab service permit. Any person desiring to obtain a permit to operate a taxicab service under this chapter shall submit a written application to the administrative services director, on an application form provided by the administrative services director. Applications shall be signed under penalty of perjury and shall contain the following information: A. Name, residence address and telephone number of the applicant; B. Business name address and telephone number of the applicant; C. Number of vehicles to be operated under the permit; D. The make, type, year, manufacturer, and passenger seating of the vehicles to be used by the applicant; E. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon; F. Evidence of public liability insurance of not less than one million dollars for each person killed or injured and not less than one million dollars for death or injury of any two or more persons in any one accident, and for damage to property of at least one million dollars from any one accident; G. Legal and registered ownership of the vehicles to be used by the applicant; H. Prior experience of the applicant in the taxicab business including the details of any prior denial, revocation or suspension by any public agency of any taxicab service or taxicab driving permit, license or certificate; I. All felony convictions of the applicant and of all persons having an ownership interest in the proposed taxicab service for the previous five years; J. Rates to be charged to the public throughout the term of any permit issued; K. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all drivers to be utilized by the applicant should a taxicab service permit be issued. (Ord. 543 § 1, 1995; Ord. 501 § 1 (part), 1992) 8.30.040 - Issuance of a taxicab service permit. A. Upon the furnishing of all the information required by Section 8.30.030 and payment of the required fee under this chapter, the administrative services director shall set a date and time of not less than ten nor more than forty-five days thereafter for a public hearing concerning the application to be conducted before the city council, and shall give notice of the time so set, at least five business days before the date of said hearing, to the applicant, by first class U.S. mail, postage prepaid, at the address set out in the application, and by publication of the application in a daily newspaper of general circulation in the city on two different days. Rancho Cucamonga, California, Code of Ordinances Page 2 Title 8- HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE B. At the time set for the hearing of the application, the council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the applicant has satisfied all requirements of this chapter and, further, whether or not the public interest, convenience and necessity justify the issuance of the permit. If it be found by the council that all requirements of this chapter have been satisfied and that the public interest, convenience and necessity justify issuance of the permit, it shall, by motion or resolution, order the administrative services director to issue a taxicab service permit. Any applicant denied a taxicab service permit shall be notified in writing of such denial and the grounds upon which such denial is based. C. The following factors shall be weighed with the burden upon the applicant to show public need and necessity: 1. The inadequacy of existing taxi services; 2. The population density and socio-economic characteristics in the proposed area of operation; 3. Type and frequency of transportation service needed in the proposed area of operation; 4. Existing public transportation patterns, schedules and service levels and the impact of the application upon such service; 5. Traffic and parking conditions; 6. The probable permanence and quality of the services offered by the applicant; 7. The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles; 8. The financial status, character and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance; 9. The experience of the applicant in taxicab service operations as an owner, manager or taxi driver, as described in Section 8.30.030(H) of this chapter. D. Upon receipt of an application and prior to making a determination of public interest, convenience and necessity, each holder of a city-issued taxicab service permit shall be notified in writing that an application has been filed and of the date and time of the public hearing to consider said application. (Ord. 543 §2, 1995: Ord. 501 § 1 (part), 1992) 8.30.050 - Grounds for denial or revocation of taxicab service permit. Taxicab service permits shall be denied or revoked on the following grounds: A. Failure to maintain vehicles in good and safe order and in compliance with all laws; B. Any false statement made on an application submitted under this chapter; C. Failure to pay any fees as required under this chapter; D. Repeated and persistent violations by the permittee or the permitholder's drivers of the traffic laws of the city, county or state; E. Employing of a driver who does not have a valid taxicab driver's permit under the requirements of this chapter; F. Violations of any of the provisions of this chapter by the permitholder; Rancho Cucamonga, California, Code of Ordinances Page 3 Title 8 - HEALTH AND SAFETY • Chapter 8.30-TAXICAB SERVICE G. Charging rates in excess of the amounts stated in the permit application; H. Conviction of a felony within five years of the date of application where such felony involved fraud or dishonesty by the applicant with respect to any member of the public, or where any taxi owned or operated by the applicant was used in connection with the commission of such felony. (Ord. 501 § 1 (part), 1992) 8.30.060 - Permit fees. A. Every person engaging in or carrying on the business of taxicab service, or engaged in the activity of driving a taxicab, shall pay an annual permit fee as established by resolution of the city council. Required fees shall be paid at the time an application for a permit is submitted under this chapter. B. Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination. Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit. A person holding a taxicab service permit may not drive a • taxicab without also possessing a taxicab driver's permit. Permits issued under this chapter may not be transferred to any other person. (Ord. 501 § 1 (part), 1992) 8.30.065 -Taximeters—Required. A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified. B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the city or any authorized inspector delegated to this purpose. Upon the discovery of • any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the city until such taximeter has been correctly adjusted and certified by the county division of weights and measures. (Ord. 543 § 3, 1995) 8.30.070 - Taxicab driver's permit required. A. It is unlawful for any person to accept any person as a passenger in a taxi within the city, or otherwise provide transportation services by taxi beginning in the city, without having a current taxicab driver's permit issued pursuant to this chapter. B. Notwithstanding subsection (A) of this section, the administrative services director may accept current taxicab driver permits issued by another city or county where such city's or county's permitting requirements meet the minimum standards of this chapter and, in the director's discretion, provide for the safety of the residents of the city. In such case, a taxicab driver may operate with that permit in lieu of a permit issued by the city of Rancho Cucamonga. (Ord. 543 §4, 1995: Ord. 501 § 1 (part), 1992) Rancho Cucamonga, California, Code of Ordinances Page 4 Title 8 - HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE 8.30.080 -Application for a taxicab driver's permit. A. Any person desiring to obtain a taxicab driver's permit shall submit a written application to the administrative services director. The application shall provide requested information, under penalty of perjury, on application forms supplied by the administrative services director regarding the following: 1. Pertinent personal data and proof of possession of a valid Class 3 driver's license issued by the state of California; 2. Physical condition affecting driving ability; 3. Driving record for three years prior to application including, but not limited to, any and all convictions of any provisions of the California Vehicle Code; 4. The date and nature of any and all criminal convictions of the applicant for the previous five years; 5. Summary of experience in driving motor vehicles, taxis and/or other vehicles for hire; 6. The name and address of the taxicab service by which the applicant will be employed. B. Each applicant shall provide a passport size photograph and be fingerprinted by the San Bernardino County sheriffs office and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the sheriffs established fees for such services in addition to the taxicab driver's permit fee. A driver obtaining a permit renewal need not be fingerprinted and photographed if the sheriff determines that such is not necessary for permitting purposes. (Ord. 501 § 1 (part), 1992) 8.30.090 - Grounds for denial or revocation of taxicab driver's permit. A taxicab driver's permit may be denied or revoked on the following grounds: A. The driver does not possess a valid Class 3 driver's license issued by the state of California, or any other permit or license required by law; B. The driver has been convicted of a crime within the last five years which involved: 1. Fraud or dishonesty with respect to any member of the public, 2. Driving while under the influence of alcohol or drugs, 3. Injuries to any member of the public as a result of such driver's operation of a taxi, 4. Any assault or battery, or other violent behavior against any person, 5. The sale of illegal drugs; C. The driver has been convicted of driving a taxicab recklessly within the preceding two years; D. The driver has repeatedly and persistently violated the traffic law of the city, county or state; E. Within the last five years; 1. The driver has driven any passenger in a taxicab which the driver knew or should have known was not in good order and repair, 2. The driver has violated any of the provisions of this chapter, 3. The driver has charged any person more than the established rate for taxicab service, 4. The driver has had any permit to operate a taxicab revoked; F. The driver has made false statements on an application submitted under this chapter; Rancho Cucamonga, California, Code of Ordinances Page 5 Title 8 - HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE G. The driver is required to register under Section 290 of the Penal Code of the state of California; H. The driver has been convicted of a violent felony at any time and the director has reasonable cause to believe that such driver continues to constitute a threat to the public health, safety or welfare; I. The driver is not at least eighteen years of age. (Ord. 543 § 5, 1995: Ord. 501 § 1 (part), 1992) 8.30.100 - Issuance of taxicab driver's permit. A. If the city council, or its designee, finds that the applicant is duly qualified, in compliance with the provisions of this chapter and there are no grounds for denial, the applicant shall be issued a taxicab driver's permit. Any applicant denied a permit shall be given written notice of the reasons for the denial. Permits shall remain the property of the city and are not transferable to any other driver. A permit shall be surrendered to the city by the driver upon such driver ceasing to engage in the activity of a taxicab driver. The taxicab driver's permit shall set forth the driver's name and working address. The permit shall bear the driver's picture and shall be displayed while the driver is operating the taxicab so as to at all time be easily visible in the passenger's compartment of the taxicab. B. Upon payment of all required fees, submittal of the required application and proof of completion of fingerprinting and photographing, the city council, or its designee, shall issue a temporary taxicab driver's permit which shall be valid for up to sixty days if the applicant certifies under penalty of perjury that there are no grounds for denying the applicant a permit under the provisions of Section 8.30.090 of this chapter. A temporary taxicab driver's permit may be terminated by the city at any time by written notification of termination to the holder of a temporary driver's permit if an investigation by the city determines that grounds for denial of a permit exists under Section 8.30.090 of this chapter. Any temporary permit shall automatically terminate upon the issuance of a regular taxicab driver's permit to the applicant after the completion of the sheriffs investigation. (Ord. 501 § 1 (part), 1992) 8.30.105 - Requirements applicable to taxicab drivers. Each taxicab driver: A. Shall keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the director or designee thereof; B. Shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except when the safety of the driver or passenger may be jeopardized by such transportation; C. Shall wear a distinctive uniform with an emblem, badge or insignia, and similar color scheme identifying the driver's association with a permitted taxicab service; D. Shall keep the taxicab in good mechanical condition; E. Shall charge only those rates as submitted on the application or such rates as have been approved by the director in writing; F. Shall keep the taxicab in a clean and sanitary condition. (Ord. 543 § 6, 1995) Rancho Cucamonga, California, Code of Ordinances Page 6 Title 8- HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE 8.30.110 -Appeal procedures. Any person denied a permit pursuant to this chapter may appeal to the city council in writing, stating reasons why the permit should be granted. The city council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a recommendation to the city council. Upon receipt of a timely, written request for appeal, the city council shall set a hearing to occur within forty-five days, before the council or designated hearing officer. The city council shall render a decision within thirty days of the conclusion of the hearing. (Ord. 501 § 1 (part), 1992) 8.30.120 - Revocation of permits. No permit issued under this chapter shall be revoked until notice is provided and a hearing to determine whether there are grounds for revocation shall have been held before the city council or in the council's sole discretion before a hearing officer appointed by the city council to hear the appeal and make a recommendation to the council. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, and shall designate the time and place where such hearing will be held. The notice shall be served upon the permitholder by delivering the same personally or by leaving such notice at the place of business or residence of the permitholder. In the event the permitholder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the city council shall be final. This chapter shall be enforced by the sheriff of San Bernardino County. (Ord. 501 § 1 (part), 1992) 8.30.130 - Exemptions. This chapter shall not apply to public transportation service being performed pursuant to a contract with the city or any other public entity in this state. (Ord. 501 § 1 (part), 1992) 8.30.140 -Time for compliance by existing taxicab services and taxicab drivers. Any taxicab service or taxicab driver performing service within the city on the effective date of the ordinance codified in this chapter shall have sixty days from the effective date of the ordinance codified in this chapter to obtain permits required hereunder. (Ord. 501 § 1 (part), 1992) 8.30.150 - Penalty for violation. A. Criminal Violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, Rancho Cucamonga, California, Code of Ordinances Page 7 Title 8- HEALTH AND SAFETY Chapter 8.30-TAXICAB SERVICE firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this chapter. B. Civil Remedies Available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of such nuisance. (Ord. 501 § 1 (part), 1992) • Rancho Cucamonga, California, Code of Ordinances Page 8 • Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report TABLE 4.13-7 GROWTH PROJECTIONS FOR RANCHO CUCAMONGA -. Year _ ,2003 2005 ` • 2010 2015 2020 2025 -.2030 2035 Population 151,087 166,348 171,980 172,404 172,409 172,413 172,417 172,421 Households 46,471 50,603 52,027 53,396 53,878 54,341 54,774 55,182 Employment 54,184 59,984 67,382 73,494 78,524 84,414 90,913 97,873 Source:SCAG 2008a. Jobs/Housing Balance SCAG states that "a balance between jobs and housing in a metropolitan region can be defined as a provision of an adequate supply of housing to house workers employed in a defined area (i.e., community or subregion). Alternatively, a jobs/housing balance can be defined as an adequate provision of employment in a defined area that generates enough local workers to fill the housing supply" (SCAG 2001). Jobs and housing are considered in balance when a subregion has enough employment opportunities for most people who live there and enough housing opportunities for most of the people who work there. The jobs/housing balance is one indicator of quality of life in the project area. SCAG uses the jobs/housing ratio to assess the relationship between housing and employment growth. Jobs-rich areas in Southern California are located in the highly urbanized areas in the western portion of the region, primarily in southern and western Los Angeles County, and in central and northern Orange County. Housing-rich areas are located in suburban communities located east of these employment centers, including San Bernardino and Riverside Counties and North Los Angeles County. Table 4.13-8 identifies the projected jobs/housing ratio for both the County and the City between 2010 and 2035. TABLE 4.13-8 JOBS-HOUSING RATIO (2010-2035) 2010 • 2015 2020 .2025 2030 .2035 San Bernardino County Population 2,182,049 2,385,748 2,582,765 2,773,945 2,957,753 3,133,801 Household(du) 637,250 718,602 787,142 852,986 914,57T 972,561 ,Employment 810,233 897,489 965,778 1,045,480 1,134,960 1,254,749 Jobs/Housing Ratio 1.27 1.25 1.23 1.23 1.24 1.29 Rancho Cucamonga Population 171,980 172,405 172,409 172,414 172,417 172,420 Household(du) 52,027 53,396 53,877 54,339 54,776 55,181 Employment 67,382 73,494 78,523 84,413 90,912 97,874 Jobs/Housing Ratio 1.30 1.38 1.46 1.55 1.66 1.77_ du:dwelling units Source:SCAG 2008. As shown in Table 4.13-8, the City's jobs/housing ratio is projected to increase from 1.30 jobs per household in 2010 to 1.77 jobs per household in 2035, suggesting an increase in non- residential development in the City, with a slower increase in housing development. On the R:\Prolects1HogIoJ00TEIR1nraX\4.13 Population-021110.doc 4.13-7 Population,Housing,and Employment Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report TABLE 4.13-3 POPULATION GROWTH Year City Annual Growth County Annual Growth. 1990 101,409 1,418,380 2000 127,743 2.59% 1,710,139 2.06% 2001 133,092 4.19% 1,746,874 2.15% 2002 139,904 5.12% 1,793,009 2.64% 2003 149,175 6.63% 1,840,628 2.66% 2004 157,346 5.48% 1,893,861 2.89% 2005 163,880 4.15% 1,946,312 2.77% 2006 172,360 5.17% 1,990,390 2.26% 2007 173,999 0.95% 2,022,710 1.62% 2008 175,706 0.98% 2,044,895 1.10% 2009 177,736 1.16% 2,060,950 0.79% Source:DOF 2009. As shown in Table 4.13-3, significant growth in the City occurred between 2000 and 2006 at a rate of 5.8 percent, and population increases in the City were higher than Countywide population increases from this period. This growth has slowed down in recent years, with the City's population growing at an approximate rate of one percent annually (DOF 2009). Housing Table 4.13-4 shows historic housing growth in the City and the County. According to the California DOF, the City's housing stock consisted of 42,134 housing units in 2000. In January 2009, the housing stock increased to 55,716 housing units. Since 2000, the City and the County have both experienced positive growth of their housing stock; however, the annual growth rates experienced between 2000 to 2006 were higher in the City than in the County and, in 2007 and 2008, the housing stock in the County increased at a more rapid pace. TABLE 4.13-4 HOUSING STOCK GROWTH Year :City Annual Growth County Annual Growth 2000 42,134 — 601,369 — 2001 42,953 1.94% 605,809 0.74% 2002 44,425 3.43% 612,906 1.17% 2003 46,870 5.50% 621,731 1.44% 2004 48,964 4.47% 632,034 1.66% 2005 50,749 3.65% 645,394 2.11% 2006 53,606 5.63% 661,435 2.49% 2007 54,412 1.50% 676,676 2.30% 2008 55,103 1.27% 685,409 1.29% 2009 55,716a 1.11% 690,234 0.70% ' a For purposes of consistency,the DOF estimate for 2009 housing stock was used instead of the baseline figure cited previously in Table 3-1.The difference between the two figures is not statistically significant. Source:DOF 2009. R:\Proiecacwesie\uoa7\EIR\oranw.\3 Population-021110.doc 4.13-4 Population, Housing,and Employment • • • • Page Line Number Number Name Notes on Descrepencies 1 3 Bandy Berger Terri Berger's daughter 12 7 Bandy Berger Terri Berger's daughter 2 10 same exact handwriting 2 14 same exact handwriting 2 14 Signature doesn't match the handwriting 2 7 Same name with no address,no signture 9 10 Same name with no address ,no signture 3 5 Duplicate address, signature doesn't match the handwriting 3 6 Same addresses 5 1 Duplicate name, signatures don't match 5 7 Same name, different handwriting I 5 4-12 I dates changed 5 6 Not a San Bernardino resident 5 8 Not a San Bernardino resident 6 7 Name, address, date match page 7 line 10. 7 10 Above 6 8 Name, address, date match page 7 line 10. 7 11 Above 7 2 Jacob Berger Terri Berger's son- no comments. 9 5 Jacob Berger Terri Berger's son, Yellow cab sucks 3 times on the page 8 7 Identical handwriting 8 8 Identical handwriting I10 16 Mark Ceda 'Signature doesn't match 10 11 Duplicate names, signatures are different from name but signatures match 10 15 Duplicate names, signatures are different from name but signatures match 11 I 1-9 I 'Comment section, people didn't write in addresses I 12 I 3 I ITerri's Signature 4 4 Cs ' „ r , � m s - ‘ % . • y , `�-� a :, 1n \\,,, % . 1 to cis ...... • O • - • • • A ( . I . ' .'• :'-- ' ' . . - / 1 / , 11 • — on • > U s Q CITY OF RANCHO CUCAMONGA P1 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Cheek No. Check Date Vendor Name City Fire Amount Al' 00348496 06/25/2014 A'JONTUE, ROSE ANN 112.00 0.00 112.00 AP 00348497 06/25/2014 ACCELA INC 3,829.72 0.00 3,829.72 AP 00348498 06/25/2014 ACTIVE KIDS IN THE I.E. 176.40 0.00 176.40 AP 00348499 06/25/2014 ACTIVE NETWORK,THE 4.200.00 0.00 4,200.00 AP 00348500 0625/2014 ADAPT CONSULTING INC 0.00 527.33 527.33 AP 00348501 06/25/2014 AED BRANDS 0.00 1.656.00 1.656.00 AP 00348502 06/25/2014 AEI'SYSTEMS CONSULTING INC 1,837.50 0.00 1,837.50 AP 00348503 06/25/2014 AFLAC GROUP INSURANCE 6,371.32 0.00 6,371.32 AP 00348504 06/25/2014 ALL CITIES TOOLS 343.00 0.00 343.00 AP 00348505 06/25/2014 ALL CITY MANAGEMENT SERVICES INC. 17,068.17 0.00 17,068.17 Al' 00348506 06/25/2014 ALL PRO ELECTRIC 50.75 0.00 50.75 AP 00348507 06/25/2014 ALL WELDING 3,952.80 0.00 3.952.80 AP 00348508 06/25/2014 ALLIANT INSURANCE SERVICES INC. 306.00 0.00 . 306.00 AP 00348509 06/25/2014 ANGLER, ROBERTO 500.00 0.00 500.00 AP 00348510 06/25/2014 ARCHITERRA DESIGN GROUP 10,071.56 0.00 10,071.56 AP 00348511 06/25/2014 AROCHO,ALMA 831.00 0.00 831.00 AP 00348512 06/25/2014 ART OF LIVING FOUNDATION 162.00 0.00 162.00 AP 00348513 06/25/2014 ASSI SECURITY 165.00 0.00 165.00 AP 00348514 06/25/2014 AT&T MOBILITY 0.00 40.45 40.45 AP 00348515 06/25/2014 AVAN'S,MARGE 270.00 0.00 270.00 AP 00348516 06/25/2014 BALL, ROBERT 0.00 44.15 44.15 AI' 00348517 06/25/2014 BARNES AND NOBLE 241.70 0.00 241.70 AP 00348518 06/25/2014 BAUERS,JACKIE 102.00 0.00 102.00 Al' 00348519 06/25/2014 BERN MARIES PROMOTIONAL PRODUCTS 953.00 0.00 953.00 AP 00348520 06/25/2014 BERTINO AUTOMOTIVE SERVICE 115.62 0.00 115.62 AP 00348521 06/25/2014 BISHOP COMPANY 1.361.66 0.00 1,361.66 AP 00348522 06/25/2014 BLAINE WINDOW HARDARE INC. 676.28 0.00' 676.28 AP 00348523 06/25/2014 BOUND TREE MEDICAL LTC. 0.00 3252.04 3,252.04 AP 00348524 06/25/2014 BROOKS,'FAUN 197.12 0.00 197.12 AP 00348525 06/25/2014 BRUNSWICK DEER CREEK LANES 155.40 0.00 155.40 AP 00348526 06/25/2014 BURNS.BRYAN 0.00 540.00 540.00 AP 00348527 06/25/2014 BURNS, HAYLEY 6.00 0.00 6.00 AP 00348528 06/25/2014 CAL PERS LONG TERM CARE 1,022.41 0.00 1,022.41 AP 00348529 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 55.00 0.00 55.00 AP 00348530 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 50.00 0.00 50.00 AP 00348531 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 60.00 0.00 60.00 AP 00348532 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 186.75 0.00 186.75 AP 00348533 06/25/2014 CALIFORNIA PUBLIC EMPLOYEES 0.00 1,214.40 1,214.40 AP 00348534 06/25/2014 CALPERS 121,249.75 6,620.45 127,870.20"' AP 00348535 06/25/2014 CAMPOS,VICTOR 29.25 0.00 29.25 AP 00348536 06/25/2014 CARQUEST AUTO PARTS 230.07 0.00 230.07 Al' 00348537 06/25/2014 CARTY,DIANE 324.00 0.00 324.00 AP 00348538 06/25/2014 CASTILLO,FRANCISCO 300.00 0.00 300.00 AP 00348539 06/25/2014 CCS ORANGE COUNTY JANITORIAL INC. 34.588.49 341.15 34,929.64"' AP 00348540 06/25/2014 CDW-G 827.27 0.00 827.27 AP 00348541 06/25/2014 CENTENO,JASON 0.00 1,575.00 1,575.00 AP 00348542 06/25/2014 CHANNING BETE COMPANY INC 0.00 3,480.42 3,480.42 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 08:32:00 CITY OF RANCHO CUCAMONGA P2 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348543 06/25/2014 CI IARTER COMMUNICATIONS 29.37 0.00 29.37 AP 00348544 06/25/2014 CHILION,GABRIELLE 483.00 0.00 483.00 AP 00348545 06/25/2014 CHINO MOWER AND ENGINE SERVICE 0.00 1,620.97 1,620.97 AP 00348546 06/25/2014 CINFAS CORP.#150 1,844.87 0.00 1,844.87 AP 00348547 06/25/2014 CIRIACKS,VALERIE ANN 120.00 0.00 120.00 • AI' 00348548 06/25/2014 CLARK,KAREN 1,674.00 0.00 1,674.00 AP 00348549 06/25/2014 CLARKE PLUMBING SPECIALTIES INC. 159.41 0.00 159.41 AP 00348550 06/25/2014 CLEAR COAST INC 197.50 0.00 197.50 AP 00348551 06/25/2014 CLEARWATER GRAPHICS INC 4,410.72 0.00 4,410.72 AP 00348552 06/25/2014 CLIMATEC LLC C/O KX2 HOLDINGS 1,500.00 0.00 1,500.00 AP 00348553 06/25/2014 COCI IERELL.DOREEN 96.00 0.00 96.00 AP 00348554 06/25/2014 COMBINED MARTIAL SCIENCE INC 1,696.80 0.00 1,696.80 AP 00348555 06/25/2014 COMMERCIAL TRANSPORATION SERVICES 2,164.60 0.00 2,164.60 AP 00348556 06/25/2014 COMPRESSED AIR SPECIALTIES 0.00 165.00 165.00 AP 00348557 06/25/2014 CONCEPT POWDER COATING 1,260.00 0.00 1,260.00 AP 00348558 06/25/2014 CONSOLIDA'T'ED ELECTRICAL.DISTRIBUTORS INC 574.50 0.00 574.50 AP 00348559 06/25/2014 CONTACT SECURITY INC 23.299.97 0.00 23.299.97 AP 00348560 06/25/2014 CONTACT SECURITY INC 2,257.86 0.00 2,257.86 AP 00348561 06/25/2014 COOKSEY,ANNA 21.00 0.00 21.00 AP 00348562 06/25/2014 COST RECOVERY SYSTEMS INC 9,750.00 0.00 9,750.00 AP 00348563 06/25/2014 CPAC INC 11,442.69 0.00 11,442.69 AP 00348564 06/25/2014 CYBER SECURITY SOURCE 452.52 0.00 452.52 AP 00348565 06/25/2014 CYCLERY USA INC. 134.99 0.00 134.99 AP 00348566 06/25/2014 DAGHDEVIRIAN, KATIIY 171.00 0.00 171.00 AP 00348567 06/25/2014 DANCE TERRIFIC 2,389.10 0.00 2,389.10 AP 00348568 06/25/2014 DANIELS TIRE SERVICE 0.00 8,135.78 8,135.78 Al' 00348569 06/25/2014 DENA,KEEGAN 0.00 955.50 955.50 AP 00348570 06/25/2014 DGO AUTO DETAILING 360.00 0.00 360.00 AP 00348571 06/25/2014 DOLLARHIDE.GINGER 96.00 0.00 96.00 AP 00348572 06/25/2014 DR. IRENE CHISFIOLM CONSULTING 200.00 0.00 200.00 AP 00348573 06/25/2014 DR. PAVE LLC 4,950.00 0.00 4,950.00 AP 00348574 06/25/2014 DREAM SHAPERS 990.00 0.00 990.00 AP 00348575 06/25/2014 DUNN,ANN MARIE 2,016.60 0.00 2,016.60 AP 00348576 06/25/2014 EARLEY, IDA 345.00 0.00 345.00 AP 00348577 06/25/2014 EASTERLING,RAY 336.00 0.00 336.00 AP 00348578 06/25/2014 EASY TO GET WIRELESS 505.00 0.00 505.00 AP 00348579 06/25/2014 EIGHTH AVENUE ENTERPRISE LLC 0.00 1,186.64 1,186.64 AP 00348580 06/25/2014 ELECTRONICS WAREHOUSE 42.68 0.00 42.68 AP 00348581 06/25/2014 EMPIRE LINE-X 674.00 0.00 674.00 AP 00348582 06/25/2014 ENKO SYSTEMS 8,537.82 0.00 8,537.82 AP 00348583 06/25/2014 ESIRELLA'S 175.00 0.00 175.00 AP 00348584 06/25/2014 FELICIANO,ANTHONY 192.00 0.00 192.00 AP 00348585 06/25/2014 FIELDMAN ROLAPP AND ASSOCIATES 2,368.50 0.00 2,368.50 AP 00348586 06/25/2014 FLEET SERVICES INC. 0.00 61.50 61.50 AI' 00348587 06/25/2014 FREQUENT FLYER XTREME GYMNASTICS 268.80 0.00 268.80 AP 00348588 06/25/2014 FUSION SIGN AND DESIGN 4,845.26 0.00 4,845.26 AP 00348589 06/25/2014 GIORDANO,MARIANNA 186.30 0.00 186.30 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait l Time: 08:32:00 CITY OF RANCHO CUCAMONGA P3 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348590 06/25/2014 GOLDEN STATE RISK MANAGEMENT AUTHORITY 108,174.00 1,127.00 109,301.00*** AP 00348591 06/25/2014 GONZALEZ.NOELIA 56.00 0.00 56.00 AP 00348592 06/25/2014 GOOD YEAR WHOLESALE . 570.07 6,588.75 7,158.82*** AP 00348593 06/25/2014 GOVERNMENT FINANCE OFFICERS ASSOCIATION 725.00 0.00 725.00 AP 00348594 06/25/2014 GRAFFITI TRACKER INC 2,250.00 0.00 2.250.00 AP 00348595 06/25/2014 GRAINGER 3,265.16 0.00 3,265.16 AP 00348596 06/25/2014 GRAYBAR 4,461.05 0.00 4,461.05 AP 00348597 06/25/2014 O F ENGINEERING 0.00 165.01 165.01 AP 00348598 06/25/2014 HAM RADIO OUTLET 0.00 2,221.82 2,221.82 AP 00348599 06/25/2014 HAMILTON,MONIQUE 960.00 0.00 960.00 AP 00348600 06/25/2014 HAMPTON YOGA 864.00 0.00 864.00 AP 00348601 06/25/2014 HARDEMAN,GEORGE 0.00 420.50 420.50 AP 00348602 06/25/2014 11D1.COREN AND CONE 4,200.00 0.00 4,200.00 AP 00348603 06/25/2014 HEILIG,KELLY 421.50 0.00 421.50 AP 00348604 06/25/2014 HEPNER, MIREYA 485.00 0.00 485.00 AP 00348605 06/25/2014 HERITAGE EDUCA'T'ION GROUP 661.00 0.00 661.00 AP 00348606 06/25/2014 HINDERLITER DE LLAMAS AND ASSOCIATES 38,769.94 0.00 38.769.94 AP 00348607 06/25/2014 HOLEMAN.JOSHUA 56.00 0.00 56.00 AP 00348608 06/25/2014 HOME DEPOT CREDIT SERVICES 645 603.98 0.00 603.98 AP 00348609 06/25/2014 HOSE MAN INC 73.99 0.00 73.99 AP 00348610 06/25/2014 HOYT LUMBER CO..SM 0.00 53.61 53.61 AP 00348611 06/25/2014 HU.GRACE 96.00 0.00 96.00 AI' 00348612 06/25/2014 HUDSON AUDIO WORKS 1,000.00 0.00 1.000.00 AP 00348613 06/25/2014 INDERWIESCHE,MATT 1,974.00 0.00 1,974.00 AP 00348614 06/25/2014 INLAND PRESORT&MAILING SERVICES 25.92 '0.00 25.92 AP 00348615 06/25/2014 INLAND VALLEY DANCE ACADEMY 2.250.00 0.00 2.250.00 AP 00348616 06/25/2014 INTEGRITY DOOR& HARDWARE INC 556.76 0.00 556.76 AP 00348617 06/25/2014 IVES TRAINING&COMPLIANCE GROUP INC 1,095.00 0.00 1,095.00 AP 00348618 06/25/2014 JAN,WEI-SHU 71.40 0.00 71.40 AP 00348619 06/25/2014 JOIIN BURR CYCLES INC 217.42 0.00 217.42 AP 00348620 06/25/2014 JOHNNY ALLEN TENNIS ACADEMY 4,231.20 0.00 4,231.20 AP 00348621 06/25/2014 JONES AND MAYER,LAW OFFICES OF 2,744.18 0.00 2,744.18 AP 00348622 06/25/2014 JOSE H.GAMERO 25.71 0.00 25.71 AP 00348623 06/25/2014 JZPC PARTY RENTALS INC 514.35 0.00 514.35 AP 00348624 06/25/2014 K K WOODWORKING 19.42 0.00 19.42 AP 00348625 06/25/2014 KA'I'O,CHRISTINA 100.00 0.00 100.00 AP 00348626 06/25/2014 KEITII,JORRY 324.00 0.00 324.00 AP 00348627 06/25/2014 KIRK, ELENA 102.00 0.00 102.00 AP 00348628 06/25/2014 KONE INC 613.67 0.00 613.67 AP 00348629 06/25/2014 I,S A ASSOCIATES INC 0.00 247.00 247.00 AP 00348630 06/25/2014 LAKESHORE LEARNING MATERIALS 184.43 0.00 184.43 AP 00348631 06/25/2014 LAWTON,KEITH 96.00 0.00 96.00 AP 00348632 06/25/2014 LIEBERT CASSIDY WHITMORE 55.00 0.00 55.00 AP 00348633 06/25/2014 LIFE ASSIST INC 0.00 508.40 508.40 AP 00348634 06/25/2014 LIVE OAK DOG OBEDIENCE 75.00 0.00 75.00 AP 00348635 06/25/2014 LOS ANGELES FREIGHTLINER 2,694.46 0.00 2,694.46 AP 00348636 06/25/2014 MAD SCIENCE 6,723.00 0.00 6,723.00 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA p4 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City y Fire Amount AP 00348637 06/25/2014 MADERA,GERARDO 56.00 0.00 56.00 AP 00348638 06/25/2014 MAGNUSON, PETER 0.00 60.00 60.00 AP 00348639 06/25/2014 MAILBOX PRO 11.44 0.00 11.44 AP 00348640 06/25/2014 MAIN STREET SIGNS 4.197.53 0.00 4,197.53 AP 00348641 06/25/2014 MARCO EQUIPMENT CO 201.80 0.00 201.80 AP 00348642 06/25/2014 MARIPOSA LANDSCAPES INC 135,408.48 4,559.98 139,968.46*** AP 00348643 06/25/2014 MARSHALL,SYLVIA 906.00 0.00 906.00 AP 00348644 06/25/2014 MARTINEZ UNION SERVICE 45.00 0.00 45.00 AP 00348645 06/25/2014 MAXWELL.ANTHONY 19.80 0.00 19.80 AP 00348646 06/25/2014 MAXWELL,MICHELLE 39.60 0.00 39.60 AP 00348647 06/25/2014 MCMASTER CARR SUPPLY COMPANY 485.53 0.00 485.53 Al' 00348648 06/25/2014 MEDINA,BREANNA 0.00 102.19 102.19 AP 00348649 06/25/2014 MIJAC ALARM COMPANY 319.46 0.00 319.46 AP 00348650 06/25/2014 MILANETTO,MARSHA 60.00 0.00 60.00 AP 00348651 06/25/2014 MITSUBISHI ELECTRIC&ELECTRONICS USA INC 610.98 0.00 610.98 AP 00348652 06/25/2014 MOE.JOHN 35.00 0.00 35.00 AP 00348653 06/25/2014 MORRIS. RICHARD 56.70 0.00 56.70 AP 00348654 06/25/2014 MOUNTAIN VIEW EM PIiYS MEDICAL GROUP INC 0.00 256.00 256.00 ' AP 00348655 06/25/2014 MOUNTAIN VIEW SMALL ENG REPAIR 642.61 0.00 642.61 AP 00348656 06/25/2014 MSA INLAND EMPIRE/DESERT CHAPTER 15.00 0.00 15.00 AP 00348657 06/25/2014 MUSICSTAR 1.880.64 0.00 1,880.64 AP 00348658 06/25/2014 NAPA AUTO PARTS 18.56 0.00 18.56 AP 00348659 06/25/2014 NATIONAL CONSTRUCTION RENTALS INC 155.52 0.00 155.52 AP 00348660 06/25/2014 NEW LEGACY CORPORATION 4,651.22 0.00 4,651.22 AP 00348661 06/25/2014 NICHOLS,GARY 892.50 0.00 892.50 AP 00348662 06/25/2014 NORTH NET FIRE TRAINING CENTER 0.00 650.00 650.00 AP 00348663 06/25/2014 NUNF.Z,LUZ 1,088.18 0.00 1,088.18 AP 00348665 06/25/2014 OFFICE DEPOT 10.172.33 0.00 10.172.33 AP 00348666 06/25/2014 ONTARIO ICE SKATING CENTER 453.60 0.00 453.60 AP 00348667 06/25/2014 ORACLE USA INC 1523.25 0.00 1,523.25 AP 00348668 06/25/2014 ORONA,PATRICIA 700.00 0.00 700.00 AP 00348669 06/25/2014 OTT,LAURA 789.00 0.00 789.00 AP 00348670 06/25/2014 OTT,SHARON 450.00 0.00 450.00 AP 00348671 06/25/2014 PACIFIC YOUTH CHEER 140.00 0.00 , 140.00 AP 00348672 06/25/2014 PAL CAMPAIGN 10.00 0.00 10.00 AP 00348673 06/25/2014 PARS 3,500.00 0.00 3,500.00 AP 00348674 06/25/2014 PATTON SALES CORI' 427.73 0.00 427.73 AP 00348675 06/25/2014 PERALES, RACHEL 49.00 0.00 49.00 AP 00348676 06/25/2014 PERFORMANCE MARTIAL ARTS CENTER 157.50 0.00 157.50 AP 00348677 06/25/2014 PETES ROAD SERVICE INC 795.14 0.00 795.14 AP 00348678 06/25/2014 PHOENIX GROUP INFORMATION SYSTEMS 1,309.60 0.00 1,309.60 AP 00348679 06/25/2014 PIXELPUSHERS INC 1,860.00 0.00 1,860.00 AP 00348680 06/25/2014 PLAY WELL TEKNOLOGIES 360.00 0.00 360.00 AP 00348681 06/25/2014 POLLOCK. LARRY 264.50 0.00 264.50 AP 00348682 06/25/2014 PORAC 140.00 0.00 140.00 AP 00348683 06/25/2014 PORAC LEGAL DEFENSE FUND 180.00 0.00 180.00 AP 00348684 06/25/2014 PRE-PAID LEGAL,SERVICES INC 102.45 0.00 102.45 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P5 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348685 06/25/2014 PRECISION GYMNASTICS 3,242.40 0.00 3,242.40 AP 00348686 06/25/2014 PRIDE LAUNDRY SYSTEMS INC 130.85 0.00 130.85 AP 00348687 06/25/2014 PRO SALES GROUP INC 15,705.16 0.00 15,705.16 AP 00348688 06/25/2014 PRO-PLANET INDUSTRIAL SUPPLY 987.09 0.00 987.09 AI' 00348689 06/25/2014 PULTE HOMES CORP 52.86 0.00 52.86 AP 00348690 06/25/2014 R AND R AUTOMOTIVE 2,922.20 0.00 2,922.20 AP 00348691 06/25/2014 RAHMAN. KANIZ_ 112.00 0.00 112.00 Al' 00348692 06/25/2014 RAINEY,LATREACE 330.00 0.00 330.00 AP 00348693 06/25/2014 RANCHO REGIONAL VETERINARY HOSPITAL INC 105.25 0.00 105.25 AP 00348694 06/25/2014 RBM LOCK AND KEY SERVICE 194.67 0.00 194.67 AP 00348695 06/25/2014 RED DRAGON KARATE R.C. 250.00 0.00 250.00 AP 00348696 06/25/2014 RED WING SHOE STORE 225.00 0.00 225.00 AP 00348697 06/25/2014 REHABWEST INC 0.00 327.56 327.56 Al' 00348698 06/25/2014 RENDON,LUCERO 540.00 0.00 540.00 Al' 00348699 06/25/2014 ROBLES, RAUL I' 188.00 0.00 188.00 AP 00348700 06/25/2014 RODMAN, PHILIP 253.80 0.00 253.80 AI' 00348701 06/25/2014 SAFELITE FULFILLMENT INC 445.62 0.00 445.62 AP 00348702 06/25/2014 SAN ANTONIO COMMUNITY HOSPITAL 0.00 354.75 354.75 AP 00348703 06/25/2014 SAN BERNARDINO CO AUDITOR CONT 6,102.50 0.00 6,102.50 AP 00348704 06/25/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 6,251.41 0.00 6,251.41 AP 00348705 06/25/2014 SAN BERNARDINO CTY 0.00 9,828.39 9,828.39 AP 00348706 06/25/2014 SBCFTO ASSOCIA'T'ION 0.00 50.00 50.00 AP 00348707 06/25/2014 SBPEA 788.73 0.00 788.73 AP 00348708 06/25/2014 SC FUELS 0.00 4.227.89 4,227.89 AP 00348709 06/25/2014 SENECHAL.CALVIN 482.40 0.00 482.40 AP 00348710 06/25/2014 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AP 00348711 06/25/2014 SHERIFFS COURT SERVICES 30.51 0.00 30.51 AP 00348712 06/25/2014 SHERIFFS COURT SERVICES 150.00 0.00 150.00 AP 00348713 06/25/2014 SHERIFFS COURT SERVICES 444.89 0.00 444.89 AP 00348714 06/25/2014 SHRED IT 112.05 0.00 112.05 AP 00348715 06/25/2014 SILVER,EDNA 720.00 0.00 720.00 AP 00348716 06/25/2014 SO CALIF GAS COMPANY 0.00 226.13 226.13 AP 00348717 06/25/2014 SOCIAL VOCATIONAL SERVICES 2,800.00 0.00 2,800.00 AP 00348719 06/25/2014 SOUTHERN CALIFORNIA EDISON 11,968.32 0.00 11,968.32 AP 00348720 06/25/2014 SOUTHERN CALIFORNIA EDISON 949.78 0.00 949.78 AP 00348721 06/25/2014 SOUTHERN CALIFORNIA EDISON 183,799.84 0.00 183,799.84 AP 00348722 06/25/2014 SOUTHLAND FARMERS MARKET ASSOC INC 802.00 0.00 802.00 AP 00348723 06/25/2014 S'I'GEORGE PARISH SCHOOL 15.00 0.00 15.00 Al' 00348724 06/25/2014 SUNGARD PUBLIC SECTOR INC 49.64 0.00 49.64 AP 00348725 06/25/2014 TERMINIX PROCESSING CENTER 0.00 42.00 42.00 AP 00348726 06/25/2014 THOMSON REUTERS WEST PAYMENT CENTER 403.24 0.00 403.24 AP 00348727 06/25/2014 TRACEY,VAL 588.00 0.00 588.00 AP 00348728 06/25/2014 U.S. BANK PARS ACCT#6746022500 1,033.57 0.00 1.033.57 AP 00348729 06/25/2014 U.S. BANK PARS ACCT#6746022500 13,296.45 0.00 13.296.45 AP 00348730 06/25/2014 U.S. BANK PARS ACCT#6746022500 3,900.00 0.00 3,900.00 AP 00348731 06/25/2014 UNIQUE MANAGEMENT SERVICES INC 648.22 0.00 648.22 AP 00348732 06/25/2014 UNITED PACIFIC SERVICES INC 19,643.00 0.00 19.643.00 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P6 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register , 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348733 06/25/2014 UNITED ROTARY BRUSH CORPORATION 667.33 0.00 667.33 AP 00348734 06/25/2014 UNITED WAY 186.00 0.00 186.00 AP 00348735 06/25/2014 UNIVERSAL MARTIAL ARTS CENTERS 647.50 0.00 647.50 Al' 00348736 06/25/2014 UNIVERSITY ENTERPRISES CORP @ CSUSB,THE 7,500.00 0.00 7,500.00 AP 00348737 06/25/2014 UPLAND SERVICE OPTICAL 12.00 0.00 12.00 AP 00348738 06/25/2014 US POSTMASTER 6,000.00 0.00 6,000.00 AP 00348739 06/25/2014 US POSTMASTER 1,451.13 0.00 1,451.13 AP 00348740 06/25/2014 UTILIQUEST 3,531.75 0.00 3,531.75 AP 00348741 06/25/2014 VALLEY CREST LANDSCAPE 82,956.10 0.00 82,956.10 AP 00348742 06/25/2014 VALVERDE SCHOOL OF PERFORMING ARTS 250.00 0.00 250.00 AP 00348743 06/25/2014 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4.000.00 AP 00348744 06/25/2014 VECCHIO,TOM 767.20 0.00 767.20 AP 00348745 06/25/2014 Verizon 66.62 0.00 66.62 AP 00348747 06/25/2014 VERIZON CALIFORNIA 9,347.92 2,489.28 11,837.20*** AP 00348748 06/25/2014 VERIZON WIRELESS-LA 0.00 383.58 383.58 AP 00348749 06/25/2014 VERIZON WIRELESS-LA 0.00 2,558.42 2.558.42 AP 00348750 06/25/2014 VERIZON WIRELESS-LA 3.842.24 0.00 3,842.24 AP 00348751 06/25/2014 VILLAGE NURSERIES WHOLESALE LP 880.86 0.00 880.86 AP 00348752 06/25/2014 VISION SERVICE PLAN CA 10,727.32 0.00 10,727.32 AP 00348753 06/25/2014 WALTERS WHOLESALE ELECTRIC CO 4,770.89 0.00 4,770.89 AP 00348754 06/25/2014 WATSON,TINA 0.00 50.00 50.00 AP 00348755 06/25/2014 WAXIE SANITARY SUPPLY 7,511.42 0.00 7,511.42 AI' 00348756 06/25/2014 WELLS,ERIC 0.00 225.00 225.00 AP 00348757 06/25/2014 WHITE CAP CONSTRUCTION SUPPLY 695.57 0.00 695.57 Al' 00348758 06/25/2014 WHITTIER FERTILIZER 999.00 0.00 999.00 AP 00348759 06/25/2014 WICKER,CANDICE. 42.11 0.00 42.11 AI' 00348760 06/25/2014 WILLIAMS.ESTHER 56.00 0.00 56.00 AP 00348761 06/25/2014 WILSON AND BELL 145.89 0.00 145.89 AP 00348762 06/25/2014 WT.COX 26.66 0.00 26.66 AI' 00348763 06/25/2014 XL STORAGE 895.00 0.00 895.00 AP 00348764 06/25/2014 XTREME DETAILING 465.00 0.00 465.00 AP 00348765 06/25/2014 YAMADA ENTERPRISES 216.60 0.00 216.60 AP 00348766 06/25/2014 YOSIIIDA.JENNIFER 48.59 0.00 48.59 AP 00348767 06/25/2014 ZBINDEN,JONATHAN 0.00 261.00 261.00 AP 00348768 06/25/2014 ZEIMIS,KIMBERLY 56.00 0.00 56.00 AP 00348769 06/26/2014 KILMER,STEPHEN 0.00 1,289.65 1,289.65 AP 00348770 06/26/2014 LONCAR,PHILIP 0.00 964.58 964.58 AP 00348771 06/26/2014 WALKER,KENNETH 0.00 208.36 208.36 AP 00348772 06/26/2014 ABC LOCKSMITHS 8.10 0.00 8.10 AP 00348773 06/26/2014 AGILINE LLC 11,707.50 0.00 11,707.50 AP 00348774 06/26/2014 AIRGAS USA LLC 326.22 0.00 326.22 AP 00348775 06/26/2014 AUTO BODY 2000 2,567.86 0.00 2,567.86 Al' 00348781 06/26/2014 BRODART BOOKS 11,737.32 0.00 11,737.32 AP 00348785 06/26/2014 CUCAMONGA VALLEY WATER DISTRICT 83.711.37 891.74 84,603.11 *** AP 00348786 06/26/2014 DUNN EDWARDS CORPORATION 320.10 0.00 320.10 AP 00348787 06/26/2014 EMCOR SERVICE 0.00 7,305.00 7,305.00 Al' 00348788 06/26/2014 EWING IRRIGATION PRODUCTS 1.681.26 0.00 1,681.26 User: VLOPEZ- VERONICA LOPEZ Page: 6 ' Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P7 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348789 06/26/2014 IMPERIAL SPRINKLER SUPPLY INC 6,976.80 0.00 6,976.80 AP 00348790 06/26/2014 INTERSTATE BATTERIES 80.67 0.00 80.67 AP 00348791 06/26/2014 INTERSTATE BATTERIES 3,765.52 1,186.93 4,952.45 k" Al' 00348792 06/26/2014 KME FIRE APPARATUS 0.00 3,382.29 3,382.29 AP 00348793 06/26/2014 LIMS AUTO INC 515.26 0.00 515.26 Al' 00348794 06/26/2014 LN CURTIS AND SONS 0.00 704.21 704.21 Al' 00348795 06/26/2014 ORKIN PEST CONTROL 1,620.66 0.00 1,620.66 AP 00348796 06/26/2014 TOMARK SPORTS INC 1,164.23 0.00 1,164.23 AP 00348797 06/26/2014 TRUGREEN LANDCARE 67,349.02 0.00 67,349.02 AP 00348798 06/26/2014 TW TELECOM 1,422.55 0.00 1,422.55 Al' 00348799 07/01/2014 CHARLIE BUQUIT 1,000.00 0.00 1,000.00 AP 00348800 07/01/2014 KAISER FOUNDATION HEALTH PLAN INC 198,440.00 0.00 198,440.00 AP 00348801 07/01/2014 LGC SANTA BARBARA AT TERRA VISTA 5,000.00 0.00 5,000.00 AP 00348802 07/01/2014 LUZ NUNEZ C/O CAMARON PELADO 5,000.00 0.00 5,000.00 Al' 00348803 07/01/2014 NATIONAL SAFETY COUNCIL 545.00 0.00 545.00 AP 00348804 07/01/2014 NEWSBANK INC 6,930.00 0.00 6,930.00 AP 00348805 07/01/2014 NEWSDATA CORPORATION 1.420.00 0.00 1,420.00 Al' 00348806 07/01/2014 PLANTATION PRODUCTIONS INC 2,500.00 0.00 2,500.00 AP 00348807 07/01/2014 PROGRESSIVE BUSINESS PUBLICATIONS SPECIALTIE: 1,080.00 0.00 1,080.00 AP 00348808 07/01/2014 RAGAN COMMUNICATIONS INC 29.95 0.00 29.95 AP 00348809 07/01/2014 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.66 0.00 3,166.66 AP 00348810 07/01/2014 . ROBERT&BRYNDA FRYAN REV LIV TR 500.00 0.00 500.00 Al' 00348811 07/01/2014 STRATTEN,LOU 601.00 0.00 601.00 AP 00348812 07/01/2014 TUTOR.COM INC 18,400.00 0.00 18,400.00 Al' 00348813 07/01/2014 A AND R TIRE SERVICE 1,055.13 0.00 1,055.13 AP 00348814 07/01/2014 A&V SOFTBALL 3,753.00 0.00 3,753.00 AP 00348815 07/01/2014 A.Y.NURSERY INC. 470.88 0.00 470.88 AP 00348816 07/01/2014 AARDVARK 0.00 3,93233 3,932.33 AP 00348817 07/01/2014 ACTIVE NETWORK.THE 2.625.00 0.00 2.625,00 Al' 00348818 07/01/2014 ADAPT CONSULTING INC 391.40 0.00 391.40 AP 00348819 07/01/2014 ADVANCED ENGINEERING SOFTWARE 330.48 0.00 330.48 Al' 00348820 07/01/2014 AFLAC GROUP INSURANCE 6,291.92 0.00 6,291.92 AP 00348821 07/01/2014 AFLAC GROUP INSURANCE 79.40 0.00 79.40 Al' 00348822 07/01/2014 ALEMAN.JARO1 137.00 0.00 137.00 AP 00348823 07/01/2014 ALL CITIES TOOLS 0.00 540.00 540.00 AP 00348824 07/01/2014 ALLIANCE BUS LINES INC 6.804.99 0.00 6,804.99 Al' 00348825 07/01/2014 ALLSTAR FIRE EQUIPMENT INC 0.00 1,088.17 1,088.17 AP 00348826 07/01/2014 ALPHAGRAPHICS 690.01 0.00 690.01 AP 00348827 07/01/2014 ALTA I,OMA HIGH SCHOOL BOYS WATER POLO • 100.00 0.00 100.00 AP 00348828 07/01/2014 AMERICAN TRAFFIC PRODUCTS INC 1,291.12 0.00 1,291.12 AP 00348829 07/01/2014 ARANA,JONATHAN 754.50 0.00 754.50 AP 00348830 07/01/2014 ARROW TRAILER SUPPLIES INC 64.75 0.00 64.75 Al' 00348831 07/01/2014 ARTS NEXT DOOR 2.928.00 0.00 2,928.00 AP 00348832 07/01/2014 AUTO GRAPHICS OF ENGLAND 0.00 386.26 386.26 Al' 00348833 07/01/2014 BALDY FIRE AND SAFETY 206.00 0.00 206.00 AP 00348834 07/01/2014 BARNES AND NOBLE 184.11 0.00 184.11 AP 00348835 07/01/2014 BASTIAN,DAVID 0.00 450.00 450.00 User: VLOPEZ- VERONICA LOPEZ Page: 7 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P8 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348836 07/01/2014 BEARINGS& DRIVES INC. 123.34 0.00 123.34 AP 00348837 07/01/2014 I3ELTRAN,OSBALDO ALVARADO 135.00 0.00 135.00 AP 00348838 07/01/2014 BERNARD EDUCATION 1,255.20 0.00 1,255.20 AP 00348839 07/01/2014 BOUND TREE MEDICAL LLC. 1,200.42 861.74 2,062.16*** AP 00348840 07/01/2014 BRAUN BLAISING MCLAUGHLIN 5,914.26 0.00 5,914.26 AP 00348841 07/01/2014 BRIAN SCOTT PRODUCTIONS 1,254.00 0.00 1,254.00 AP 00348842 07/01/2014 BROWN JR.,STEVE 0.00 263.01 263.01 AP 00348843 07/01/2014 BULMER, EUAN 0.00 480.73 480.73 AP 00348844 07/01/2014 BUSINESS MANAGEMENT DAILY 26.50 0.00 26.50 AP 00348845 07/01/2014 BUI'SKO UI'I LiTY DESIGN INC. 12,331.00 0.00 12,331.00 AP 00348846 07/01/2014 CALIFA LIBRARY GROUP 3,558.00 0.00 3,558.00 AP 00348847 07/01/2014 CALIFORNIA FACTORS&FINANCE 11,208.69 0.00 11,208.69 AP 00348848 07/01/2014 CALIFORNIA PUBLIC EMPLOYEES 204.002,02 0.00 204,002.02 AP 00348849 07/01/2014 CALIFORNIA SURVEYING& DRAFTING SUPPLY INC 1,005.57 0.00 1,005.57 AP 00348850 07/01/2014 CALIFORNIA,STATE OF 115.00 0.00 115.00 AP 00348851 07/01/2014 CASTANEDA III,ABEL 0.00 250.00 250.00 AP 00348852 07/01/2014 CENTENO,JASON 0.00 680.00 680.00 AP 00348853 07/01/2014 CIIAMPION AWARDS AND SPECIALTIES 1,927.80 0.00 1,927.80 AP 00348854 07/01/2014 CHARTER COMMUNICATIONS 437.00 1,222.61 1,659.61 *** AP 00348855 07/01/2014 CHEN, DAVID 0.00 825.00 825.00 AP 00348856 07/01/2014 CINEVATIVE 9,860.00 0.00 9,860.00 AP 00348857 07/01/2014 CITY RENTALS 2,525.69 0.00 2,525.69 AP 00348858 07/01/2014 CLEAR COAST INC 9,152.81 0.00 9,152.81 AP 00348859 07/01/2014 CLEARWA'1'ER GRAPHICS INC 2,280.96 0.00 2,280.96 Al' 00348860 07/01/2014 CONSUMERS PIPE-FONTANA 0.00 55.91 55.91 AP 00348861 07/01/2014 COSTAR REAI:I'Y INFORMATION INC 599.83 0.00 599.83 AP 00348862 07/01/2014 CROP PRODUCTION SERVICES INC 1,124.97 0.00 1,124.97 AP 00348863 07/01/2014 CYCLERY USA INC. 100.00 0.00 100.00 AP 00348864 07/01/2014 D AND K CONCRETE COMPANY 1,829.52 0.00 1,829.52 AP 00348865 07/01/2014 DANIELS TIRE SERVICE 0.00 60.00 60.00 AP 00348866 07/01/2014 DELGADO, RUDY 65.11 0.00 65.11 AP 00348867 07/01/2014 DEMCO INC 730.30 0.00 730.30 AP 00348868 07/01/2014 DEMPSTER, KERI 88.50 0.00 88.50 AP 00348869 07/01/2014 DEXTER.JACOB 161.99 0.00 161.99 AP 00348870 07/01/2014 DICKINSON JANITORIAL SUPPLIES 780.03 0.00 780.03 AP 00348871 07/01/2014 DOWNEY.JENNIFER 11.02 0.00 11.02 AP 00348872 07/01/2014 DUMBED,MAN FITNESS EQUIPMENT.THE 12.101.18 0.00 12,101.18 AP 00348873 07/01/2014 DURKEL.CAROL 141.68 0.00 141.68 AP 00348874 07/01/2014 DYNASTY SCREEN PRINTING 2,001.46 0.00 2,001.46 AP 00348875 07/01/2014 EIGHTH AVENUE ENTERPRISE LLC 181.44 0.00 181.44 AP 00348876 07/01/2014 EMBROIDME 3,761.42 0.00 3,761.42 AP 00348877 07/01/2014 ENCARNACION, PAOLA 86.00 0.00 86.00 AP 00348878 07/01/2014 EN I ERSECI'CORP 79.00 0.00 79.00 AP 00348879 07/01/2014 FASTENAL COMPANY 605.95 0.00 605.95 AP 00348880 07/01/2014 FEDERAL EXPRESS CORP 68.26 0.00 68.26 AP 00348881 07/01/2014 FEDERAL SIGNAL CORPORATION 0.00 76.60 76.60 AP 00348882 07/01/2014 FORTUNE 10.00 0.00 10.00 User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 07/09/2014 Report CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA p9 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348883 07/01/2014 FREEDOM NEWS GROUP 1,365.00 0.00 1,365.00 AP 00348884 07/01/2014 G AND M BUSINESS IN'T'ERIORS 0.00 1,325.52 1,325.52 AP 00348885 07/01/2014 GEOGRAPHICS 3,852.06 0.00 3,852.06 AP 00348886 07/01/2014 GEYSER EQUIPMENT I.LC 85.00 0.00 85.00 AP 00348887 07/01/2014 GOLDEN STAR TECHNOLOGY INC 1,412.49 0.00 1,412.49 AP 00348888 07/01/2014 GOLDSTAR ASPHALT PRODUCTS 725.76 0.00 725.76 AP 00348889 07/01/2014 GOOD YEAR WHOLESALE 5,312.03 810.66 6,122.69*" AP 00348890 07/01/2014 GRAINGER 1,675.99 218.21 1,894.20*** AP 00348891 07/01/2014 GRAPHICS FACTORY INC. 652.74 0.00 652.74 AP 00348892 07/01/2014 GRAVES&KING LLP 402.50 0.00 402.50 AP 00348893 07/01/2014 GUERRA,KELLY 52.41 0.00 52.41 AP 00348894 07/01/2014 HALO BRANDED SOLUTIONS 2,114.84 0.00 2,114.84 AP 00348895 07/01/2014 HARRIS,TY 0.00 60.00 60.00 AP 00348896 07/01/2014 HD PRODUCTIONS LLC 8.750.00 0.00 8,750.00 AP 00348897 07/01/2014 HEAKES,SANDRA 92.00 0.00 92.00 AP 00348898 07/01/2014 HERTZ EQUIP RENTAL 2.916.42 0.00 2.916.42 AP 00348899 07/01/2014 HILT! INC 372.21 0.00 372.21 AP 00348900 07/01/2014 HLP INC. 28.800.00 0.00 28,800.00 AP 00348901 07/01/2014 HOME DEPOT CREDIT SERVICES 645 1,988.19 0.00 1,988.19 AP 00348902 07/01/2014 HOSE HEAVEN 215.67 0.00 215.67 AP 00348903 07/01/2014 HOSE MAN INC 400.81 376.91 777.72 *** AP 00348904 07/01/2014 HOUSE OF RUTH 249.00 0.00 • 249.00 AP 00348905 07/01/2014 HOYT LUMBER CO.,SM 0.00 104.46 104.46 AP 00348906 07/01/2014 HYDROTEK SYSTEMS INC 320.76 0.00 320.76 AP 00348907 07/01/2014 INDUSTRIAL SUPPLY CO INC 755.34 0.00 755.34 AP 00348908 07/01/2014 INLAND EMPIRE TOURS AND TRANSPOR'T'ATION - 2,600.00 0.00 2,600.00 AP 00348909 07/01/2014 INLAND PRESORT&MAILING SERVICES 21.84 0.00 21.84 AP 00348910 07/01/2014 IRON MOUNTAIN OSDP 2,533.26 0.00 2,533.26 AP 00348911 07/01/2014 JACKSON HIRSII INC 65.75 0.00 65.75 AP 00348912 07/01/2014 JOHN BURR CYCLES INC 1,281.35 0.00 1,281.35 AP 00348913 07/01/2014 JONES AND MAYER.LAW OFFICES OF 15,360.00 816.00 16.176.00*** AP 00348914 07/01/2014 LAVISHED PRINTING INC 1.501.20 0.00 1,501.20 AP 00348915 07/01/2014 LAWSON PRODUCTS INC 0.00 1,015.68 1.015.68 AP 00348916 07/01/2014 LEAL,RUTH 68.40 0.00 68.40 AP 00348917 07/01/2014 LEARNING EXPRESS 1.I.0 4,181.00 0.00 4,181.00 AP 00348918 07/01/2014 LEBA.QUANG 0.00 250.00 250.00 AP 00348919 07/01/2014 LEWIS, PATRICK 0.00 1,175.00 1,175.00 AP 00348920 07/01/2014 LIEBERT CASSIDY WHIFMORE 12,721.00 0.00 12,721.00 AP 00348921 07/01/2014 LIGHTHOUSE,THE 0.00 198.34 198.34 AP 00348922 07/01/2014 LIMON,EDDIE 395.00 0.00 395.00 AP 00348923 07/01/2014 LITTLE BEAR PRODUCTIONS 1,920.00 0.00 1,920.00 AP 00348924 07/01/2014 MAIN STREET SIGNS 271.82 561.38 833.20*** AP 00348926 07/01/2014 MARIPOSA LANDSCAPES INC 110,470.62 286.38 1 10,757.00*** AP 00348927 07/01/2014 MARLINK SA INC 0.00 810.00 810.00 AP 00348928 07/01/2014 MC TRUCKING 1,242.70 0.00 1,242.70 AP 00348929 07/01/2014 MCMASTER CARR SUPPLY COMPANY 188.26 0.00 188.26 AP 00348930 07/01/2014 MCMURRAY STERN INC 4,865.79 0.00 4,865.79 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P10 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348931 07/01/2014 MCWELCO PRODUCTS 783.00 0.00 783.00 AP 00348932 07/01/2014 METROPOLITAN WATER DISTRICT 1,431.00 0.00 1,431.00 AP 00348933 07/01/2014 MIDWEST TAPE 525.37 0.00 525.37 Al' 00348934 07/01/2014 MI'IY LITE INC. 9,899.06. 0.00 9,899.06 AP 00348935 07/01/2014 MOTOROLA SOLUTIONS INC 0.00 4,800.60 4,800.60 AP 00348936 07/01/2014 MOUNTAIN VIEW SMALL ENG REPAIR 2,007.55 0.00 2,007.55 AP 00348937 07/01/2014 NATIONAL DATA&SURVEYING SERVICES 2,292.00 0.00 2,292.00 AP 00348938 07/01/2014 OCCUPATIONAL HEALTH CTT2S OF CA 40.50 0.00 40.50 AP 00348941 07/01/2014 OFFICE DEPOT 16,695.95 566.65 17,262.60*** AP 00348942 07/01/2014 ONTARIO WINNELSON CO 75.60 0.00 75.60 Al' 00348943 07/01/2014 ONWARD ENGINEERING 16,213.75 0.00 16,213.75 AP 00348944 07/01/2014 PACIFIC ADVANCED CIVIL ENGINEERING 6,633.49 0.00 6,633.49 AP 00348945 07/01/2014 PARKES,DR KEVIN 0.00 10.000.00 10,000.00 AP 00348946 07/01/2014 PELAYO,RENEE 76.00 0.00 76.00 AP 00348947 07/01/2014 PEP BOYS 436.32 0.00 436.32 AP 00348948 07/01/2014 PEPSI-COLA 796.00 0.00 796.00 AP 00348949 07/01/2014 PERERA, MICHELLE 32.00 0.00 32.00 AP 00348950 07/01/2014 PETERSON HYDRAULICS INC 0.00 1,520.00 1,520.00 AP 00348951 07/01/2014 POLLOCK,LARRY 264.50 0.00 264.50 AP 00348952 07/01/2014 PRO SALES GROUP INC 3,390.00 0.00 3,390.00 AP 00348953 07/01/2014 PROMOTIONS'TEES& MORE 3,968.44 0.00 3,968,44 AP 00348954 07/01/2014 PROVO ENGINEERING 5,952.00 0.00 5,952.00 AP 00348955 07/01/2014 I'SB INTEGRATED MARKETING 23,021.90 0.00 23,021.90 AI' 00348956 07/01/2014 PW GILLIBRAND INC 1.957.82 0.00 1,957.82 AP 00348957 07/01/2014 RANCHO CUCAMONGA QUAKES 7.442.00 0.00 7,442.00 AP 00348958 07/01/2014 RESCUE RESPONSE GEAR LLC 0.00 3,678.28 3,678.28 AP 00348959 07/01/2014 RICHARDS WA-SON AND GERSIION 41.027.01 567.39 41,594.40*** AP 00348960 07/01/2014 ROADLINE PRODUCTS INC 1 440.32 0.00 1,440.32 AP 00348961 07/01/2014 S AND K ENGINEERS INC 6,970.00 • 0.00 6,970.00 AP 00348962 07/01/2014 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 0.00 328.98 328.98 Al' 00348963 07/01/2014 SAN BERNARDINO CTY AUDITOR CONTROLLER REC( 50.00 0.00 50.00 AP 00348964 07/01/2014 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 1.680.00 0.00 1,680.00 AP 00348965 07/01/2014 SASEUN,CATHY 250.00 0.00 250.00 AP 00348966 07/01/2014 SBC TREASURER TAX COLLECTOR 300.00 0.00 300.00 AP 00348967 07/01/2014 SIGMANET 4,400.00 0.00 4,400.00 AP 00348968 07/01/2014 SIGN SHOP,THE 240.63 0.00 240.63 AP 00348969 07/01/2014 SILSBEE,JODI 20.34 0.00 20.34 AP 00348970 07/01/2014 SMART AND FINAL 0.00 392.79 392.79 AP 00348971 07/01/2014 SO CALIF GAS COMPANY 4,129.80 473.06 4.602.86*** AP 00348972 07/01/2014 SO CALIF GAS COMPANY 2,002.19 0.00 2,002.19 AP 00348973 07/01/2014 SONSRAY MACHINERY LLC 177.66 0.00 177.66 AI' 00348980 07/01/2014 SOU'I'HERN CALIFORNIA EDISON 13,285.75 3,128.00 16,413.75*** AP 00348981 07/01/2014 SOUTHERN CALIFORNIA EDISON 1,116.44 0.00 1,116.44 AP 00348982 07/01/2014 SOUTHERN CALIFORNIA EDISON 2,549.85 0.00 2,549.85 AP 00348983 07/01/2014 SOUTHLAND FARMERS MARKET ASSOC INC 634.00 0.00 634.00 AP 00348984 07/01/2014 SOUTHLAND SPORTS OFFICIALS 644.00 0.00 644.00 AP 00348985 07/01/2014 SPARKLETTS 76.00 0.00 76.00 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P11 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date \'endor Name City Fire Amount AP 00348986 07/01/2014 SPOONFACTORY 4,410.00 0.00 4,410.00 AP 00348987 07/01/2014 ST JUSTINA COPTIC ORTHODOX CHURCH 615.00 0.00 615.00 AP 00348988 07/01/2014 STERLING COFFEE SERVICE 1,031.65 0.00 1,031.65 AP 00348989 07/01/2014 STREAMLINE PRESS INC 365.04 0.00 365.04 AP 00348990 07/01/2014 SWIFTY SIGN 0.00 1,706.40 1,706.40 AP 00348991 07/01/2014 'I'HOMPSON BUILDING MATERIALS 4,941.86 0.00 4,941.86 AP 00348992 07/01/2014 TRAFFIC MANAGEMENT INC 1,531.25 0.00 1,531.25 AP 00348993 07/01/2014 TRINI I,CUONG P 1,200.00 0.00 1,200.00 AP 00348994 07/01/2014 TRUMMELL,ANGELICA 12.00 0.00 12.00 AP 00348995 07/01/2014 U.S. BANK PARS ACCT#6746022500 17,270.02 0.00 17,270.02 AP 00348996 07/01/2014 U.S. BANK PARS ACCT#6746022500 972.10 0.00 972.10 AP 00348997 07/01/2014 UNITED ROTARY BRUSH CORPORATION 427.50 0.00 427.50 AP 00348998 07/01/2014 UPS 90.40 0.00 90.40 AP 00348999 07/01/2014 UTILIQUESF 2,562.25 0.00 2,562.25 AP 00349000 07/01/2014 VALLEY CREST LANDSCAPE 21.293.19 0.00 21,293.19 AP 00349001 07/01/2014 VALLEY POWER SYSTEMS INC 0.00 1,988.25 1.988.25 AP 00349002 07/01/2014 VALUE LINE PUBLISHING INC 950.00 0.00 950.00 AP 00349003 07/01/2014 VERIZON BUSINESS SERVICES 1,692.60 0.00 1,692.60 AP 00349004 07/01/2014 VERIZON CALIFORNIA 1,913.24 374.05 2,287.29*** AP 00349005 07/01/2014 VERIZON WIRELESS-LA 26.71 0.00 26.71 AP 00349006 07/01/2014 WALTERS WHOLESALE ELECTRIC CO 9,078.92 0.00 9,078.92 AP 00349007 07/01/2014 WALTON, KEVIN 0.00 319.80 319.80 AP 00349008 07/01/2014 WATSON,TINA 0.00 20.00 20.00 AP 00349009 07/01/2014 WAXIE SANITARY SUPPLY 3,665.07 0.00 3,665.07 AP 00349010 07/01/2014 WEST END MATERIAL SUPPLY 146.45 0.00 146.45 AP 00349011 07/01/2014 WHEELER. PAUL - 14,491.00 0.00 14.491.00 AP 00349012 07/01/2014 WRIGHT,TRACY 82.00 0.00 82.00 AP 00349013 07/01/2014 XTREME DETAILING 775.00 0.00 775.00 AP 00349014 07/01/2014 YORK INDUSTRIES 935.28 0.00 935.28 AP 00349015 07/01/2014 YOST.SANDRA 500.00 0.00 500.00 AP 00349016 07/01/2014 ZUMAR INDUSTRIES INC 4,117.40 0.00 4,117.40 AP 00349017 07/02/2014 SOUTHERN CALIFORNIA EDISON 10,000.00 0.00 10,000.00 AP 00349018 07/02/2014 ABC LOCKSMITHS 91.50 0.00 91.50 AP 00349019 07/02/2014 AUTO BODY 2000 979.87 0.00 979.87 AP 00349023 07/02/2014 CUCAMONGA VALLEY WATER DISTRICT 151,820.87 2,240.89 154,061.76 *** AP 00349024 07/02/2014 DAISY WHEEL RIBBON CO INC 0.00 7,958.85 7,958.85 AP 00349025 07/02/2014 DUNN EDWARDS CORPORATION 114.60 0.00 114.60 AP 00349026 07/02/2014 EMCOR SERVICE 52,113.00 0.00 52,113.00 AP 00349027 07/02/2014 FORD OF UPLAND INC 1,976.86 0.00 1,976.86 AP 00349028 07/02/2014 GENERATOR SERVICES CO 8,605.34 0.00 8,605.34 AP 00349029 07/02/2014 HOLLIDAY ROCK CO INC 2,431.12 0.00 2,431.12 AP 00349030 07/02/2014 HYDRO SCAPE PRODUCTS INC 4,978.29 0.00 4,978.29 AP 00349031 07/02/2014 SIMPLOT PARTNERS ' 1,200.02 0.00 1,200.02 AP 00349032 07/02/2014 TARGET SPECIALTY PRODUCTS 5,183.60 0.00 5,183.60 AP 00349033 07/02/2014 TOMARK SPORTS INC 1,201.74 0.00 1,201.74 EP 00004389 06/25/2014 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 19,258.07 0.00 19,258.07 EP 00004390 06/25/2014 RCPFA 9,245.00 0.00 9,245.00 User: VLOPEZ- VERONICA LOPEZ Page: 11 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P12 • AND •RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount EP 00004391 06/25/2014 EDF TRADING NORTH AMERICA LLC 3,208.50 0.00 3,208.50 EP 00004392 06/25/2014 RCCEA 1,194.00 0.00 1,194.00 El' 00004394 06/26/2014 AHUMADA.ALEXANDER R 0.00 846.58 846.58 EP 00004395 06/26/2014 ALMAND, LLOYD 0.00 535.72 535.72 EP 00004396 06/26/2014 BANTA U,VICTORIA 0.00 400.31 400.31 El' 00004397 06/26/2014 BAZAL,SUSAN 0.00 1,353.64 1.353.64 EP 00004398 06/26/2014 BERRY. DAVID 0.00 964.58 964.58 EP 00004399 06/26/2014 BROCK,ROBIN 0.00 832.95 832.95 EP 00004400 06/26/2014 CAMPBELL,GERALD 0.00 1,289.65 1,289.65 EP 00004401 06/26/2014 CARNES, KENNETH 0.00 717.76 717.76 El' 00004402 06/26/2014 CLABBY, RICHARD 0.00 964.58 964.58 El' 00004403 06/26/2014 CORCORAN,ROBERT 0.00 505.59 505.59 EP 00004404 06/26/2014 COX,KARL 0.00 535.72 535.72 EP 00004405 06/26/2014 CRANE,RALPH 0.00 1,353.64 1,353.64 EP 00004406 06/26/2014 CROSSLAND,WILBUR 0.00 470.94 470.94 EP 00004407 06/26/2014 DAGUE,JAMES 0.00 1,130.18 1,130.18 EP 00004408 06/26/2014 DE ANTONIO.SUSAN 0.00 505.59 505.59 EP 00004409 06/26/2014 DOMINICK,SAMUEL A. 0.00 1,130.18 1,130.18 EP 00004410 06/26/2014 EAGLESON, MICHAEL 0.00 1,504.93 1,504.93 El' 00004411 06/26/2014 FRTTCHEY,JOHN D. 0.00 470.94 470.94 EP 00004412 06/26/2014 HEYDE,DONALD 0.00 1,130.18 1,130.18 EP 00004413 06/26/2014 INTERLICCHIA,ROSALYN 0.00 1,130.18 1,130.18 EP 00004414 06/26/2014 LANE. WILLIAM 0.00 1,504.93 1,504.93 EP 00004415 06/26/2014 LEE,ALLAN 0.00 1,472.85 L472.85 EP 00004416 06/26/2014 LENZE, PAUL E 0.00 1.102.77 1,102.77 EP 00004417 06/26/2014 LONGO,JOE 0.00 175.97 175.97 EP 00004418 06/26/2014 LIPFfRULL, DARRELL 0.00 717.76 717.76 EP 00004419 06/26/2014 MACKALL,BENJAMIN 0.00 175.97 175.97 EP 00004420 06/26/2014 MAYFIELD. RON 0.00 1,353.64 1,353.64 EP 00004421 06/26/2014 MCKEE,JOHN 0.00 535.72 535.72 EP 00004422 06/26/2014 MCMILLEN, LINDA 0.00 535.72 535,72 EP 00004423 06/26/2014 MCN El L, KENNETH 0,00 944.68 944.68 El' 00004424 06/26/2014 MICHAEL, L.DENNIS 0.00 832.95 832.95 EP 00004425 06/26/2014 MORGAN. BYRON 0,00 2,265.72 2,265.72 EP 00004426 06/26/2014 MYSKOW, DENNIS 0.00 964.58 964.58 EP 00004427 06/26/2014 NAUMAN, MICHAEL 0.00 964.58 964.58 EP 00004428 06/26/2014 NEE,RON 0.00 1,795.43 1,795.43 EP 00004429 06/26/2014 NELSON,MARY JANE 0.00 175.97 175.97 EP 00004430 06/26/2014 PI,OUNG,MICHAEL J 0.00 1,079.38 1,079.38 EP 00004431 06/26/2014 POST,MICHAEL R 0.00 1,717.64 1,717.64 EP 00004432 06/26/2014 PROULX, PATRICK 0.00 1,504.93 1,504.93 EP 00004433 06/26/2014 ROEDER,JEFF 0.00 1,504.93 1,504.93 EP 00004434 06/26/2014 SALISBURY,THOMAS 0.00 832.95 832,95 EP 00004435 06/26/2014 SMITH,RONALD 0.00 964.58 964.58 EP 00004436 06/26/2014 SPAGNOLO,SAM 0,00 470.94 470.94 EP 00004437 06/26/2014 SPAIN,WILLIAM 0.00 717.76 717.76 EP 00004438 06/26/2014 SULLIVAN,JAMES 0.00 1.086.58 1,086.58 User: VLOPEZ- VERONICA LOPEZ Page: 12 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P13 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Cheek No. Check Date Vendor Name City Fire Amount EP 00004439 06/26/2014 TAYLOR,STEVE 0.00 1,102.77 1,102.77 El' 00004440 06/26/2014 TULEY,TERRY 0.00 1,130.18 1,130.18 El' 00004441 06/26/2014 VANDERKALLEN,FRANCIS 0.00 1,157.44 1,157.44 EP 00004442 06/26/2014 WOLFE,JACKIE 0.00 811.02 811.02 El' 00004443 06/26/2014 YOWELL,TIMOTHY A 0.00 1,353.64 1,353.64 9 EP 00004444 07/01/2014 SAN RERNARDINO CTY SHERIFFS DEPT 2,510,026.00 0.00 2,510,026.00 Total City: S5,149,703.06 Total Fire: $193,306.51 Grand Total: $5,343,009.57 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: 13 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait I Time: 08:32:00 . 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O •' L V O N N • CO a 0 Q a m ta e o 0 LL N ~ /O m 0 o m U a. , d A N N CO N ea re O O — t- Ce C v 7 ❑ z a LL 0 Y Z F W Z D1 0 0 H 0 F 0 U) LL > 0 U U 2• > LL s m U 21 O K z LL o o v 0 0 E W o E o W o 0 E Q a E m a a ❑ a N N p N U N Z K IW T Q ❑ W W w .0 U _T Z ❑ » C -J t ❑ w K o C 2 O # 2 C a O c C C O. C E )i 0 ° a N O 0 Fo° Q 0 0 0 o o W N m C 0 0 4 C > Y b « 0 0 - C y T 9 N 0 (-) C CD d m° zO °c c 0) m H m m N o O) _ o N Z r O. 0 co Q 0 o 0 W 0 2 Q O O 0 N 0 0 0 UO) C N C r G n `) 2 m D U J y d N or m H 2 IT 0 K 19 STAFF REPORT , PUBLIC WORKS SERVICES DEPARTMENT Date: July 16, 2014 RANCHO To: Mayor and Members of the City Council CUCAMONGA President and Members of the Board of Directors John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Paul Fisher, Management Analyst I Subject: APPROVE AMENDMENT NO. 001 TO RENEW CONTRACT CO13-210 WITH COMMERCIAL CLEANING SYSTEMS (CCS) OF COSTA MESA, CALIFORNIA, INCLUDING A FEE INCREASE EFFECTIVE JULY 1, 2014 TO JUNE 30, 2015 FOR CITYWIDE JANITORIAL SERVICES AS APPROVED IN THE FY 2014-2015 BUDGET IN AN AMOUNT NOT TO EXCEED $480,000 FOR CITY AND $20,000 FOR FIRE DISTRICT TO BE FUNDED FROM 1001312-5304 (FACILITIES MAINTENANCE), 1700312-5304 (SPORTS COMPLEX), AND 3281529-5300 (FIRE FACILITIES MAINTENANCE) RECOMMENDATION It is recommended that the City Council approve Amendment No. 001 to renew contract CO13-210 with Commercial Cleaning Systems (CCS) of Costa Mesa, California, including a fee increase effective July 1, 2014 to June 30, 2015 for Citywide Janitorial Services as approved in the FY 2014- 2015 budget in an amount not to exceed $480,000 for City and $20,000 for Fire District to be-funded from 1001312-5304 (Facilities Maintenance), 1700312-5304 (Sports Complex), and 3281529-5300 (Fire Facilities Maintenance) BACKGROUND/ANALYSIS The City Council approved a competitively bid contract, CO13-210, with Commercial Cleaning Systems (CCS) of Costa Mesa, California on August 21, 2013. CCS has submitted a Letter of Intent to renew the contract and is requesting a nine percent increase in contract rates for FY 2014-2015. Subsequent to CCS entering into this contract, Assembly Bill 10 was approved by the Legislature and signed by the Governor on September 25, 2013. AB 10 raised the minimum wage in California to nine dollars per hour effective July 1, 2014. Labor costs represent about ninety-three percent of Commercial Cleaning System's proposed FY 2014-2015 contract rates for providing Citywide Janitorial Services. As the cleaning crews consist predominantly of minimum wage earners, this State mandated wage hike increased their labor costs to provide janitorial services approximately ten percent. The requested fee increase is to mitigate these increased labor costs. Commercial Cleaning Systems has provided an acceptable level of service during the past year and staff recommends the Council authorize a one-year contract extension for fiscal year 2014-2015. Re ctfull subm ted, William Wittkopf Public Works Services Director • BW:TQ:pf P20 STAFF REPORT f RANCHO CUCAMONGA FIRE PROTECTION DISTRICT - RANCHO Date: July 16, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Don Cloughesy, Deputy Fire Chief Ruth Cain, Acting Senior Buyer John Bicondova, Captain Pamela Pane, Management Analyst II Subject: AUTHORIZATION TO AWARD THE PURCHASE OF ONE (1) LOT OF RESCUE AIR BAGS FOR THE FIRE PROTECTION DISTRICT, FROM L.N. CURTIS & SONS OF OAKLAND, CALIFORNIA, IN THE AMOUNT OF $83,840.08, AS A SINGLE-SOURCE PROCUREMENT, FROM ACCOUNT NO. 3288501-5603 (CAPITAL OUTLAY - EQUIPMENT) AND APPROVE AN APPROPRIATION IN THE AMOUNT OF $83,850.00 FROM DISTRICT CAPITAL RESERVES TO ACCOUNT NO. 3288501-5603 RECOMMENDATION It is recommended that the Fire Board authorize an award for the purchase of one (1) lot of Heavy Rescue Air Lifting Bags for the Fire Protection District (District), from L.N. Curtis & Sons of Oakland, California, in the amount of $83,840.08, as a single-source procurement, from Account No. 3288501-5603 (Capital Outlay - Equipment) and approve an appropriation in the amount of $83,850.00 from District Capital Reserves to Account No. 3288501-5603. BACKGROUND/ANALYSIS The District requires the purchase of four sets of Heavy Rescue Air Lifting Bags to replace three sets that are well beyond their intended life span of 10 years and a new set for the ladder truck that is on order and being built. The current sets of air bags the District has are between 11 and 15-plus years old. This outdated equipment is no longer able to be certified by the manufacturer, some are leaking and some have been totally placed out of service. The four new sets will be placed on three Truck Companies and the Heavy Rescue Unit. Air lifting bags are an important part of the rescue tools Fire District personnel use. They are capable of incredible lifting. power, mostly utilized to capture and stabilize unstable loads such as: a vehicle on its roof; a vehicle on top of another vehicle or if a large heavy object is trapping a person. Then District personnel are able to lift the object off of an entrapped person. • • P21 PAGE 2 AWARD THE PURCHASE OF ONE(1)LOT OF RESCUE AIR BAGS FROM L.N.CURTIS The largest of these bags can lift 70 tons. When used in conjunction with multiple sets of bags, a locomotive train could be easily lifted into the air. All with the push of a button and using the air from our breathing apparatus bottles that every Fire District engine carries. The District requested the purchase of Paratech Maxi-force High Pressure Air Lifting Bags, and necessary equipment to operate them, be considered a single source purchase. This request was based on surrounding fire department's research and purchases and in the interest of interagency emergency responses these will allow for interoperability between responding departments. The District provided specifications and the product research to the Purchasing Division in order to determine the most appropriate method of procurement for Paratech rescue equipment. It has been determined that buying directly from LN Curtis is the only procurement option, as they are the manufacturer's sole distributor of the Paratech product. They are honoring prices that are 7% below list price and Purchasing negotiated shipping terms to be in the District's favor. Therefore, it's recommended that the Fire Board authorize the purchase of Paratech rescue equipment from LN Curtis as a single source vendor. All back-up documentation is on file in Purchasing. Respectfully submitted, -a" • Mike Bell Fire Chief • CITY OF RANCHO CUCAMONGA P22 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348496 06/25/2014 A'JONTUE. ROSE ANN 112.00 0.00 112.00 AP 00348497 06/25/2014 ACCELA INC 3,829.72 0.00 3,829.72 AP 00348498 06/25/2014 ACTIVE KIDS IN THE I.E. 176.40 0.00 176.40 AP 00348499 06/25/2014 ACTIVE NETWORK,THE 4,200.00 0,00 4,200.00 AP 00348500 06/25/2014 ADAPT CONSULTING INC 0.00 527,33 527.33 AP 00348501 06/25/2014 AED BRANDS 0.00 1,656.00 1,656.00 AP 00348502 06/25/2014 AEF SYSTEMS CONSULTING INC 1,837.50 0.00 1,837.50 AP 00348503 06/25/2014 AFLAC GROUP INSURANCE 6,371.32 0.00 6,371.32 AP 00348504 06/25/2014 ALL CI'T'IES POOLS 343.00 0.00 343.00 AP 00348505 06/25/2014 ALL CITY MANAGEMENT SERVICES INC. 17,068.17 0.00 17,068.17 AP 00348506 06/25/2014 ALL PRO ELECTRIC 50.75 0.00 50.75 AP 00348507 06/25/2014 ALL WELDING 3,952.80 0.00 3,952.80 AP 00348508 06/25/2014 ALLIANT INSURANCE SERVICES INC. 306.00 0.00 . 306.00 AP 00348509 06/25/2014 ANGLEE, ROBERTO 500.00 0.00 500.00 AP 00348510 06/25/2014 ARCHITERRA DESIGN GROUP 10,071.56 0.00 10,071.56 AP 00348511 06/25/2014 AROCHO.ALMA 831.00 0.00 831.00 AP 00348512 06/25/2014 ART OF LIVING FOUNDATION 162.00 0.00 162.00 AP 00348513 06/25/2014 ASSI SECURITY 165.00 0.00 165.00 AP 00348514 06/25/2014 AT&T MOBILITY 0.00 40.45 40.45 AP 00348515 06/25/2014 AVANTS,MARGE 270.00 0.00 270.00 AP 00348516 06/25/2014 BALL,ROBERT 0.00 44.15 44.15 AI' 00348517 06/25/2014 BARNES ANDNOBLE 241.70 0.00 241.70 AP 00348518 06/25/2014 BAUERS,JACKIE 102.00 0.00 102.00 AP 00348519 06/25/2014 BERN MARIES PROMOTIONAL PRODUCTS 953.00 0.00 953.00 AP 00348520 06/25/2014 BERTINO AUTOMOTIVE SERVICE 115.62 0.00 115.62 AP 00348521 06/25/2014 BISHOP COMPANY 1,361.66 0.00 1,361.66 AP 00348522 06/25/2014 BLAINE WINDOW HARDARE INC. 676.28 0.00* 676.28 AP 00348523 06/25/2014 BOUND TREE MEDICAL LLC. 0.00 3,252.04 3,252.04 AP 00348524 06/25/2014 BROOKS,'FAUN 197.12 0.00 197.12 AP 00348525 06/25/2014 BRUNSWICK DEER CREEK LANES 155.40 0.00 155.40 AP 00348526 06/25/2014 BURNS,BRYAN 0.00 540.00 540.00 AP 00348527 06/25/2014 BURNS,HAYLEY 6.00 0.00 6.00 AP 00348528 06/25/2014 CAL PERS LONG TERM CARE 1,022.41 0.00 1,022.41 AP 00348529 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 55.00 0.00 55.00 AP 00348530 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 50.00 0.00 50.00 AP 00348531 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 60.00 0.00 60.00 AP 00348532 06/25/2014 CALIFORNIA FRANCHISE TAX BOARD 186.75 0.00 186.75 AP 00348533 06/25/2014 CALIFORNIA PUBLIC EMPLOYEES 0.00 1,214.40 1,214.40 AP 00348534 06/25/2014 CALPERS 121,249.75 6,620.45 127,870.20*** AP 00348535 06/25/2014 CAMI'OS,VICTOR 29.25 0.00 29.25 AP 00348536 06/25/2014 CARQUEST AUTO PARTS 230.07 0.00 230.07 AP 00348537 06/25/2014 CARTY,DIANE 324.00 0.00 324.00 AP 00348538 06/25/2014 CASTILLO,FRANCISCO 300.00 0.00 300.00 AP 00348539 06/25/2014 CCS ORANGE COUNTY JANITORIAL INC. 34,588.49 341.15 34,929.64*** AP 00348540 06/25/2014 CDW-G 827.27 0.00 827.27 AP 00348541 06/25/2014 CENTENO,JASON 0.00 1,575.00 1,575.00 AP 00348542 06/25/2014 CHANNING BETE COMPANY INC 0.00 3,480.42 3,480.42 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P23 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348543 06/25/2014 CHARTER COMMUNICATIONS 29.37 0.00 29.37 AP 00348544 06/25/2014 CHILTON,GABRIELLE 483.00 0.00 483.00 AP 00348545 06/25/2014 CHINO MOWER AND ENGINE SERVICE 0.00 1,620.97 1,620.97 AP 00348546 06/25/2014 CINTAS CORP.#150 1,844.87 0.00 1,844.87 AP 00348547 06/25/2014 CIRIACKS,VALERIE ANN 120.00 0.00 120.00 AP 00348548 06/25/2014 CLARK, KAREN 1,674.00 0.00 1,674.00 AP 00348549 06/25/2014 CLARKE PLUMBING SPECIALTIES INC. 159.41 0.00 159.41 AP 00348550 06/25/2014 CLEAR COAST INC 197.50 0.00 197.50 AP 00348551 06/25/2014 CLEARWATER GRAPHICS INC 4,410.72 0.00 4,410.72 AP 00348552 06/25/2014 CLIMATEC LLC C/O KX2 HOLDINGS 1,500.00 0.00 1,500.00 AP 00348553 06/25/2014 COCHERELL,DOREEN 96.00 0.00 96.00 AP 00348554 06/25/2014 COMBINED MARTIAL SCIENCE INC 1,696.80 0.00 1,696.80 Al' - 00348555 06/25/2014 COMMERCIAL TRANSPORATION SERVICES 2,164.60 0.00 2,164.60 AP 00348556 06/25/2014 COMPRESSED AIR SPECIALTIES 0.00 165.00 165.00 AP 00348557 06/25/2014 CONCEPT POWDER COATING 1,260.00 0.00 1,260.00 AP 00348558 06/25/2014 CONSOLIDATED ELEC'T'RICAL DISTRIBUTORS INC 574.50 0.00 574.50 AP 00348559 06/25/2014 CONTACT SECURITY INC 23,299.97 0.00 23,299.97 AP 00348560 06/25/2014 CONTACT SECURITY INC 2,257.86 0.00 2,257.86 AP 00348561 06/25/2014 COOKSEY,ANNA 21.00 0.00 21.00 AP 00348562 06/25/2014 COST RECOVERY SYSTEMS INC 9,750.00 0.00 9,750.00 AP 00348563 06/25/2014 CPAC INC 11,442.69 0.00 11,442.69 AP 00348564 06/25/2014 CYBER SECURITY SOURCE 452.52 0.00 452.52 Al' 00348565 06/25/2014 CYCLERY USA INC. 134.99 0.00 134.99 AP 00348566 06/25/2014 DAGHDEVIRIAN,KATHY 171.00 0.00 171.00 AP 00348567 06/25/2014 DANCE TERRIFIC 2,389.10 0.00 2,389.10 AP 00348568 06/25/2014 DANIELS TIRE SERVICE 0.00 8,135.78 8,135.78 AP 00348569 06/25/2014 DENA, KEEGAN 0.00 955.50 955.50 AP 00348570 06/25/2014 DGO AUTO DETAILING 360.00 0.00 360.00 AP 00348571 06/25/2014 DOLLARIIIDE,GINGER 96.00 0.00 96.00 AP 00348572 06/25/2014 DR. IRENE CFIISHOLM CONSULTING 200.00 0.00 200.00 AP 00348573 06/25/2014 DR. PAVE LLC 4,950.00 0.00 4,950.00 AP 00348574 06/25/2014 DREAM SHAPERS 990.00 0.00 990.00 Al' 00348575 06/25/2014 DUNN,ANN MARIE 2,016.60 0.00 2,016.60 AP 00348576 06/25/2014 EARLEY. IDA 345.00 0.00 345.00 AP 00348577 06/25/2014 EASTERLING,RAY 336.00 0.00 336.00 AP 00348578 06/25/2014 EASY TO GET WIRELESS 505.00 0.00 505.00 AP 00348579 06/25/2014 EIGHTH AVENUE ENTERPRISE LLC 0.00 1,186.64 1,186.64 AP 00348580 06/25/2014 ELECTRONICS WAREHOUSE ' 42.68 0.00 42.68 AP 00348581 06/25/2014 EMPIRE LINE-X 674.00 0.00 674.00 AP 00348582 06/25/2014 ENKO SYSTEMS 8,537.82 0.00 8,537.82 Al' 00348583 06/25/2014 ESTRELLA'S 175.00 0.00 175.00 AP 00348584 06/25/2014 FELICIANO,ANTHONY 192.00 0.00 192.00 AP 00348585 06/25/2014 FIELDMAN ROLAPP AND ASSOCIATES 2,368.50 0.00 2,368.50 AP 00348586 06/25/2014 FLEET SERVICES INC. 0.00 61.50 61.50 AP 00348587 06/25/2014 FREQUENT FLYER XTREME GYMNASTICS 268.80 0.00 268.80 AP 00348588 06/25/2014 FUSION SIGN AND DESIGN 4,845.26 0.00 4,845.26 AP 00348589 06/25/2014 GIORDANO,MARIANNA 186.30 0.00 186.30 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P24 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount Al' 00348590 06/25/2014 GOLDEN STATE RISK MANAGEMENT AUTHORITY 108,174.00 1,127.00 109,301.00*** AP 00348591 06/25/2014 GONZALEZ.NOELIA 56.00 0.00 56.00 Al' 00348592 06/25/2014 GOOD YEAR WHOLESALE . 570.07 6,588.75 7,158.82*** AP 00348593 06/25/2014 GOVERNMENT FINANCE OFFICERS ASSOCIATION 725.00 0.00 725.00 AP 00348594 06/25/2014 GRAFFFIT TRACKER INC 2,250.00 0.00 2,250.00 AP 00348595 06/25/2014 GRAINGER 3,265.16 0.00 3,265.16 AP 00348596 06/25/2014 GRAYBAR 4,461.05 0.00 4,461.05 AP 00348597 06/25/2014 GT ENGINEERING 0.00 165.01 165.01 AP 00348598 06/25/2014 HAM RADIO OUTLET 0.00 2,221.82 2,221.82 AP 00348599 06/25/2014 HAMILTON,MONIQUE 960.00 0.00 960.00 AP 00348600 06/25/2014 HAMPTON YOGA 864.00 0.00 864.00 AP 00348601 06/25/2014 HARDEMAN.GEORGE 0.00 420.50 420.50 AP 00348602 06/25/2014 HDL COREN AND CONE 4.200.00 0.00 4,200.00 AI' 00348603 06/25/2014 HEILIG.KELLY 421.50 0.00 421.50 AP 00348604 06/25/2014 HEPNER,MIREYA 485.00 0.00 485.00 AP 00348605 06/25/2014 HERITAGE EDUCATION GROUP 661.00 0.00 661.00 AP 00348606 06/25/2014 HINDERLITER DE LLAMAS AND ASSOCIATES 38,769.94 0.00 38,769.94 AP 00348607 06/25/2014 I IOLEMAN,JOSHUA 56.00 0.00 56.00 AP 00348608 06/25/2014 HOME DEPOT CREDIT SERVICES 645 603.98 0.00 603.98 AP 00348609 06/25/2014 HOSE MAN INC 73.99 0.00 73.99 AP 00348610 06/25/2014 HOYT LUMBER CO.,SM 0.00 53.61 53.61 AP 00348611 06/25/2014 11U.GRACE 96.00 0.00 96.00 AP 00348612 06/25/2014 HUDSON AUDIO WORKS 1,000.00 0.00 1,000.00 AP 00348613 06/25/2014 INDERWIESCHE.MATT 1,974.00 0.00 1,974.00 AP 00348614 06/25/2014 INLAND PRESORT&MAILING SERVICES 25.92 40.00 25.92 AP 00348615 06/25/2014 INLAND VALLEY DANCE ACADEMY 2,250.00 0.00 2,250.00 AP 00348616 06/25/2014 INTEGRITY DOOR&HARDWARE INC 556.76 0.00 556.76 AP 00348617 06/25/2014 IVES TRAINING&COMPLIANCE GROUP INC 1,095.00 0.00 1,095.00 Al' 00348618 06/25/2014 JAN,WEI-SHU 71.40 0.00 71.40 AP 00348619 06/25/2014 JOHN BURR CYCLES INC 217.42 0.00 217.42 AP 00348620 06/25/2014 JOHNNY ALLEN TENNIS ACADEMY 4,231.20 0.00 4,231.20 AP 00348621 06/25/2014 JONES AND MAYER,LAW OFFICES OF 2,744.18 0.00 2,744.18 AP 00348622 06/25/2014 JOSE H.GAMERO 25.71 0.00 25.71 AP 00348623 06/25/2014 JZPC PARTY RENTALS INC 514.35 0.00 514.35 AP 00348624 06/25/2014 K K WOODWORKING 19.42 0.00 19.42 AP 00348625 06/25/2014 KATO,CHRISTINA 100.00 0.00 100.00 AP 00348626 06/25/2014 KEITH,JORRY 324.00 0.00 324.00 AP 00348627 06/25/2014 KIRK,ELENA 102.00 0.00 102.00 AP 00348628 06/25/2014 .KONE INC 613.67 0.00 613.67 AI' 00348629 06/25/2014 I,S A ASSOCIATES INC 0.00 247.00 247.00 Al' 00348630 06/25/2014 LAKESHORE LEARNING MATERIALS 184.43 0.00 184.43 AP 00348631 06/25/2014 LAWTON. KEITH 96.00 0.00 96.00 AP 00348632 06/25/2014 LIEBERT CASSIDY WHITMORE 55.00 0.00 55.00 AP 00348633 06/25/2014 LIFE ASSIST INC 0.00 508.40 508.40 AP 00348634 06/25/2014 LIVE OAK DOG OBEDIENCE 75.00 0.00 75.00 AP 00348635 06/25/2014 LOS ANGELES FREIGHTLINER 2,694.46 0.00 2,694.46 AP 00348636 06/25/2014 MAI)SCIENCE 6,723.00 0.00 6,723.00 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P25 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348637 06/25/2014 MADERA,GERARDO 56.00 0.00 56.00 AP 00348638 06/25/2014 MAGNUSON,PETER 0.00 60.00 60.00 AP 00348639 06/25/2014 MAILBOX PRO 11.44 0.00 11.44 AP 00348640 06/25/2014 MAIN STREET SIGNS 4,197.53 0.00 4,197.53 AP 00348641 06/25/2014 MARCO EQUIPMENT CO 201.80 0.00 201.80 AP 00348642 06/25/2014 MARIPOSA LANDSCAPES INC 135,408.48 4,559.98 139,968.46*** AP 00348643 06/25/2014 MARSHALL,SYLVIA 906.00 0.00 906.00 AP 00348644 06/25/2014 MARTINEZ UNION SERVICE 45.00 0.00 45.00 AP 00348645 06/25/2014 MAXWELL,ANTHONY 19.80 0.00 19.80 AP 00348646 06/25/2014 MAXWELL,MICHELLE 39.60 0.00 39.60 AP 00348647 06/25/2014 MCMASTER CARR SUPI'LY COMPANY 485.53 0.00 485.53 AP 00348648 06/25/2014 MEDINA,BREANNA 0.00 102.19 102.19 AP 00348649 06/25/2014 MIJAC ALARM COMPANY 319.46 0.00 319.46 AP 00348650 06/25/2014 MILANETTO,MARSHA 60.00 0.00 60.00 AP 00348651 06/25/2014 MITSUBISHI ELECTRIC&ELECTRONICS USA INC 610.98 0.00 610.98 AP 00348652 06/25/2014 MOE,JOHN 35.00 0.00 35.00 Al' 00348653 06/25/2014 MORRIS.RICHARD 56.70 0.00 56.70 AP 00348654 06/25/2014 MOUNTAIN VIEW EM PHYS MEDICAL GROUP INC 0.00 256.00 256.00 AP 00348655 06/25/2014 MOUNTAIN VIEW SMALL ENG REPAIR 642.61 0.00 642.61 AP 00348656 06/25/2014 MSA INLAND EMPIRE/DESERT CHAPTER 15.00 0.00 15.00 AP 00348657 06/25/2014 MUSICSTAR 1,880.64 0.00 1,880.64 AP 00348658 06/25/2014 NAPA AUTO PARTS 18.56 0.00 18.56 Al' 00348659 06/25/2014 NA'T'IONAL CONSTRUCTION RENTALS INC 155.52 0.00 155.52 Al' 00348660 06/25/2014 NEW LEGACY CORPORA'T'ION 4,651.22 0.00 4,651.22 AP 00348661 06/25/2014 NICHOLS,GARY 892.50 0.00 892.50 AP 00348662 06/25/2014 NORTH NET FIRE TRAINING CENTER 0.00 650.00 650.00 AP 00348663 06/25/2014 NUNEZ,LUZ 1,088.18 0.00 1,088.18 AP 00348665 06/25/2014 OFFICE DEPOT 10,172.33 0.00 10,172.33 AP 00348666 06/25/2014 ONTARIO ICE SKATING CENTER 453.60 0.00 453.60 AP 00348667 06/25/2014 ORACLE USA INC 1,523.25 0.00 1,523.25 AP 00348668 06/25/2014 ORONA,PATRICIA 700.00 0.00 700.00 AP 00348669 06/25/2014 OTT,LAURA 789.00 0.00 789.00 AP 00348670 06/25/2014 OTT,SHARON 450.00 0.00 450.00 AP 00348671 06/25/2014 PACIFIC YOUTH CHEER 140.00 0.00 140.00 AP 00348672 06/25/2014 PAL CAMPAIGN 10.00 0.00 10.00 AP 00348673 06/25/2014 PARS 3,500.00 0.00 3,500.00 AP 00348674 06/25/2014 PATTON SALES CORD 427.73 0.00 427.73 AP 00348675 06/25/2014 PERALES,RACHEL 49.00 0.00 49,00 AP 00348676 06/25/2014 PERFORMANCE MARTIAL ARTS CENTER 157.50 0.00 157.50 AP 00348677 06/25/2014 PETES ROAD SERVICE INC 795.14 0.00 795.14 AP 00348678 06/25/2014 PHOENIX GROUP INFORMATION SYSTEMS 1,309.60 0.00 1,309.60 Al' 00348679 06/25/2014 PIXELPUSHERS INC 1,860.00 0.00 1,860.00 AP 00348680 06/25/2014 PLAY WELL TEKNOLOGIES 360,00 0.00 360.00 AP 00348681 06/25/2014 POLLOCK.LARRY 264.50 0.00 264.50 AP 00348682 06/25/2014 PORAC 140.00 0.00 140.00 AI' 00348683 06/25/2014 PORAC LEGAL DEFENSE FUND 180.00 0.00 180.00 AP 00348684 06/25/2014 PRE-PAID LEGAL SERVICES INC 102.45 0.00 102.45 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 08:32:00 • CITY OF RANCHO CUCAMONGA P26 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348685 06/25/2014 PRECISION GYMNASTICS 3,242.40 0.00 3,242.40 AP 00348686 06/25/2014 PRIDE LAUNDRY SYSTEMS INC 130.85 0.00 130.85 AP 00348687 06/25/2014 PRO SALES GROUP INC 15,705.16 0.00 15,705.16 AP 00348688 06/25/2014 PRO-PLANET INDUSTRIAL SUPPLY 987.09 0.00 987.09 AP 00348689 06/25/2014 PULTE HOMES CORP 52.86 0.00 52.86 AP 00348690 06/25/2014 R AND R AUTOMOTIVE 2,922.20 0.00 2,922.20 AP 00348691 06/25/2014 RAHMAN, KANIZ 112.00 0.00 112.00 AP 00348692 06/25/2014 RAINEY, LATREACE 330.00 0.00 330.00 AP 00348693 06/25/2014 RANCHO REGIONAL VETERINARY HOSPITAL INC 105.25 0.00 105.25 AP 00348694 06/25/2014 RBM LOCK AND KEY SERVICE 194.67 0.00 194.67 AP 00348695 06/25/2014 RED DRAGON KARATE R.C. 250.00 0.00 250.00 AP 00348696 06/25/2014 RED WING SHOE STORE 225.00 0.00 225.00 AP 00348697 06/25/2014 REHABWES'T INC 0.00 327.56 327.56 AP 00348698 06/25/2014 RENDON,LUCERO 540.00 0.00 540.00 AP 00348699 06/25/2014 ROBLES, RAUL P 188.00 0.00 188.00 AP 00348700 06/25/2014 RODMAN,PHILIP 253.80 0.00 253.80 AP 00348701 06/25/2014 SAFELITE FULFILLMENT INC 445.62 0.00 445.62 AP 00348702 06/25/2014 SAN ANTONIO COMMUNITY HOSPITAL 0.00 354.75 354.75 AP 00348703 06/25/2014 SAN BERNARDINO CO AUDITOR CONT 6,102.50 0.00 6,102.50 AP 00348704 06/25/2014 SAN BERNARDINO COUNTY SHERIFFS DEPT 6,251.41 0.00 6,251.41 AP 00348705 06/25/2014 SAN BERNARDINO CTY 0.00 9,828.39 9,828.39 AP 00348706 06/25/2014 SBCFTO ASSOCIATION 0.00 50.00 50.00 AP 00348707 06/25/2014 SBPEA 788.73 0.00 788.73 AP 00348708 06/25/2014 SC FUELS 0.00 4,227.89 4,227.89 AP 00348709 06/25/2014 SENECI IAL.CALVIN 482.40 0.00 482.40 AP 00348710 06/25/2014 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AP 00348711 06/25/2014 SHERIFFS COURT SERVICES 30.51 0.00 30.51 AP 00348712 06/25/2014 SHERIFFS COURT SERVICES 150.00 0.00 150.00 AP 00348713 06/25/2014 SHERIFFS COURT SERVICES 444.89 0.00 444.89 AP 00348714 06/25/2014 SHRED IT 112.05 0.00 112.05 AP 00348715 06/25/2014 SILVER, EDNA 720.00 0.00 720.00 AP 00348716 06/25/2014 SO CALIF GAS COMPANY 0.00 226.13 226.13 AP 00348717 06/25/2014 SOCIAL VOCATIONAL SERVICES 2,800.00 0.00 2,800.00 AP 00348719 06/25/2014 SOUTHERN CALIFORNIA EDISON 11,968.32 0.00 11,968.32 AP 00348720 06/25/2014 SOUTHERN CALIFORNIA EDISON 949.78 0.00 949.78 AP 00348721 06/25/2014 SOUTHERN CALIFORNIA EDISON 183,799.84 0.00 183,799.84 AP 00348722 06/25/2014 SOUTHLANI)FARMERS MARKET ASSOC INC 802.00 0.00 802.00 AP 00348723 06/25/2014 ST GEORGE PARISH SCHOOL 15.00 0.00 15.00 AP 00348724 06/25/2014 SUNGARD PUBLIC SECTOR INC 49.64 0.00 49.64 AP 00348725 06/25/2014 TERMINIX PROCESSING CENTER 0.00 42.00 42.00 AP 00348726 06/25/2014 THOMSON REUTERS WEST PAYMENT CENTER 403.24 0.00 403.24 AP 00348727 06/25/2014 TRACEY,VAL 588.00 0.00 588.00 AP 00348728 06/25/2014 U.S. BANK PARS ACCT#6746022500 1,033.57 0.00 1,033.57 AP 00348729 06/25/2014 U.S. BANK PARS ACCT#6746022500 13,296.45 0.00 13,296.45 AP 00348730 06/25/2014 U.S. BANK PARS ACCT#6746022500 3,900.00 0.00 3,900.00 AP 00348731 06/25/2014 UNIQUE MANAGEMENT SERVICES INC 648.22 0.00 648.22 AP 00348732 06/25/2014 UNITED PACIFIC SERVICES INC 19,643.00 0.00 19,643.00 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 07/09/2014 Report CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 08:32:00 CITY OF RANCHO CUCAMONGA P27 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348733 06/25/2014 UNITED ROTARY BRUSH CORPORATION 667.33 0.00 667.33 AP 00348734 06/25/2014 UNITED WAY 186.00 0.00 186.00 AP 00348735 06/25/2014 UNIVERSAL MARTIAL ARTS CENTERS 647.50 0.00 647.50 AP 00348736 06/25/2014 UNIVERSITY ENTERPRISES CORP @ CSUSB,THE 7,500.00 0.00 7,500.00 AP 00348737 06/25/2014 UPLAND SERVICE OPTICAL 12.00 0.00 12.00 AP 00348738 06/25/2014 US POSTMASTER 6.000.00 0.00 6,000.00 AP 00348739 06/25/2014 US POSTMASTER 1,451.13 0.00 1,451.13 AP 00348740 06/25/2014 UTILIQUEST 3,531.75 0.00 3,531.75 AP 00348741 06/25/2014 VALLEY CREST LANDSCAPE 82,956.10 0.00 82,956.10 AP 00348742 06/25/2014 VALVERDE SCHOOL OF PERFORMING ARTS 250.00 0.00 250.00 AP 00348743 06/25/2014 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00348744 06/25/2014 VECCHIO,TOM 767.20 0.00 767.20 AP 00348745 06/25/2014 Verizon 66.62 0.00 66.62 AP 00348747 06/25/2014 VERIZON CALIFORNIA 9,347.92 2,489.28 11,837.20*** AP 00348748 06/25/2014 VERIZON WIRELESS-LA 0.00 383.58 383.58 AP 00348749 06/25/2014 VERIZON WIRELESS-LA 0.00 2,558.42 2,558.42 AP 00348750 06/25/2014 VERIZON WIRELESS-LA 3,842.24 0.00 3,842.24 AP 00348751 06/25/2014 VILLAGE NURSERIES WHOLESALE LP 880.86 0.00 880.86 AP 00348752 06/25/2014 VISION SERVICE PLAN CA 10,727.32 0.00 10,727.32 AP 00348753 06/25/2014 WALTERS WHOLESALE ELECTRIC CO 4,770.89 0.00 4,770.89 AP 00348754 06/25/2014 WATSON,TINA 0.00 50.00 50.00 AP 00348755 06/25/2014 WAXIE SANITARY SUPPLY 7,511.42 0.00 7,511.42 AP 00348756 06/25/2014 WELLS, ERIC 0.00 225.00 225.00 AP 00348757 06/25/2014 WHITE CAP CONSTRUCTION SUPPLY 695.57 0.00 695.57 AP 00348758 06/25/2014 WHITTIER FERTILIZER 999.00 0.00 999.00 AP 00348759 06/25/2014 WICKER,CANDICE 42.11 0.00 42.11 AP 00348760 06/25/2014 WILLIAMS. ESTHER 56.00 0.00 56.00 AP 00348761 06/25/2014 WILSON AND BELL 145.89 0.00 145.89 AP 00348762 06/25/2014 WT.COX 26.66 0.00 26.66 AP 00348763 06/25/2014 XL STORAGE 895.00 0.00 895.00 AP 00348764 06/25/2014 XTREME DETAILING 465.00 0.00 465.00 Al' 00348765 06/25/2014 YAMADA ENTERPRISES 216.60 0.00 216.60 AP 00348766 06/25/2014 YOSHIDA,JENNIFER 48.59 0.00 48.59 AP 00348767 06/25/2014 ZBINDEN,JONATHAN 0.00 261.00 261.00 AP 00348768 06/25/2014 ZEIMIS,KIMBERLY 56.00 0.00 56.00 AP 00348769 06/26/2014 KI1..MER,STEPHEN 0.00 1,289.65 1,289.65 AP 00348770 06/26/2014 LONCAR,I'FII LIT' 0.00 964.58 964.58 AP 00348771 06/26/2014 WALKER,KENNETH 0.00 208.36 208.36 AP 00348772 06/26/2014 ABC LOCKSMITHS 8.10 0.00 8.10 AP 00348773 06/26/2014 AGILINE LLC 11,707.50 0.00 . 11,707.50 AP 00348774 06/26/2014 AIRGAS USA LLC 326.22 0.00 326.22 AP 00348775 06/26/2014 AUTO BODY 2000 2,567.86 0.00 2,567.86 AP 00348781 06/26/2014 BRODART BOOKS 11,737.32 0.00 11,737.32 Al' 00348785 06/26/2014 CUCAMONGA VALLEY WATER DISTRICT 83,711.37 891.74 84,603.11 *** AP 00348786 06/26/2014 DUNN EDWARDS CORPORATION 320.10 0.00 320.10 AP 00348787 06/26/2014 EMCOR SERVICE 0.00 7,305.00 7,305.00 AP 00348788 06/26/2014 EWING IRRIGATION PRODUCTS 1,681.26 0.00 1,681.26 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P28 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348789 06/26/2014 IMPERIAL SPRINKLER SUPPLY INC 6,976.80 0.00 6,976.80 AP 00348790 06/26/2014 INTERSTATE BATTERIES 80.67 0.00 80.67 AP 00348791 06/26/2014 INTERSTATE BATTERIES 3,765.52 1,186.93 4,952.45"' AP 00348792 06/26/2014 KME FIRE APPARATUS 0.00 3,382.29 3,382.29 AP 00348793 06/26/2014 LIMS AUTO INC 515.26 0.00 515.26 AP 00348794 06/26/2014 LN CURTIS AND SONS 0.00 704.21 704.21 AP 00348795 06/26/2014 ORKIN PEST CONTROL 1,620.66 0.00 1,620.66 AP 00348796 06/26/2014 TOMARK SPORTS INC 1,164.23 0.00 1,164.23 AP 00348797 06/26/2014 TRUGREEN LANDCARE 67,349.02 0.00 67,349.02 AP 00348798 06/26/2014 TW TELECOM 1,422.55 0.00 1,422.55 AP 00348799 07/01/2014 CHARLIE BUQUET 1,000.00 0.00 1,000.00 AP 00348800 07/01/2014 KAISER FOUNDATION HEALTH PLAN INC 198,440.00 0.00 198,440.00 AP 00348801 07/01/2014 LGC SANTA BARBARA AT TERRA VISTA 5,000.00 0.00 5,000.00 AP 00348802 07/01/2014 LUZ NUNEZ C/O CAMARON PELADO 5,000.00 0.00 5,000.00 AP 00348803 07/01/2014 NATIONAL SAFETY COUNCIL 545.00 0.00 545.00 AP 00348804 07/01/2014 NEWSBANK INC 6,930.00 0.00 6,930.00 AP 00348805 07/01/2014 NEWSDATA CORPORATION 1.420.00 0.00 1,420.00 AP 00348806 07/01/2014 PLANTATION PRODUCTIONS INC 2,500.00 0.00 2,500.00 AP 00348807 07/01/2014 PROGRESSIVE BUSINESS PUBLICATIONS SPECIALTIE: 1,080.00 0.00 1,080.00 AP 00348808 07/01/2014 RAGAN COMMUNICATIONS INC 29.95 0.00 29.95 AP 00348809 07/01/2014 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.66 0.00 3,166.66 AP 00348810 07/01/2014 ROBERT&BRYNDA FRYAN REV LIV TR 500.00 0.00 500.00 AP 0034881 I 07/01/2014 STRAITEN, LOU 601.00 0.00 601.00 Al' 00348812 07/01/2014 TUTOR.COM INC 18,400.00 0.00 18,400.00 AP 00348813 07/01/2014 A AND R TIRE SERVICE 1,055.13 0.00 1,055.13 AP 00348814 07/01/2014 A&V SOFTBALL 3,753.00 0.00 3,753.00 AP 00348815 07/01/2014 A.Y.NURSERY INC. 470.88 0.00 470.88 AP 00348816 07/01/2014 AARDVARK 0.00 3,932.33 3,932.33 AP 00348817 07/01/2014 ACTIVE NETWORK.THE 2,625.00 0.00 2,625.00 AP 00348818 07/01/2014 ADAPT CONSULTING INC 391.40 0.00 391.40 AP 00348819 07/01/2014 ADVANCED ENGINEERING SOFTWARE 330.48 0.00 330.48 AP 00348820 07/01/2014 AFLAC GROUP INSURANCE 6,291.92 0.00 6,291.92 AP 00348821 07/01/2014 AFLAC GROUP INSURANCE 79.40 0.00 79.40 AP 00348822 07/01/2014 ALEMAN,JAROT 137.00 0.00 137.00 AP 00348823 07/01/2014 ALL CITIES TOOLS 0.00 540.00 540.00 AP 00348824 07/01/2014 ALLIANCE BUS LINES INC 6,804.99 0.00 6,804.99 AP 00348825 07/01/2014 ALLSTAR 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City Fire Amount AI' 00348836 07/01/2014 BEARINGS&DRIVES INC. 123.34 0.00 123.34 AI' 00348837 07/01/2014 BELTRAN,OSBALDO ALVARADO 135.00 0.00 135.00 AP 00348838 07/01/2014 BERNARD EDUCATION 1,255.20 0.00 1,255.20 AP 00348839 07/01/2014 BOUND TREE MEDICAL LLC. 1,200.42 861.74 2,062.16*** AP 00348840 07/01/2014 BRAUN BLAISING MCLAUGHLIN 5,914.26 0.00 5,914.26 AP 00348841 07/01/2014 BRIAN SCOTT PRODUCTIONS 1,254.00 0.00 1,254.00 AP 00348842 07/01/2014 BROWN JR.,STEVE 0.00 263.01 263.01 AP 00348843 07/01/2014 BULM ER,EUAN 0.00 480.73 480.73 AP 00348844 07/01/2014 BUSINESS MANAGEMENT DAILY 26.50 0.00 26.50 AP 00348845 07/01/2014 BUTSKO UTILITY DESIGN INC. 12,331.00 0.00 12,331.00 AP 00348846 07/01/2014 CALIFA LIBRARY GROUP 3,558.00 0.00 3,558.00 AP 00348847 07/01/2014 CALIFORNIA FACTORS& FINANCE 11,208.69 0.00 11,208.69 AP 00348848 07/01/2014 CALIFORNIA PUBLIC EMPLOYEES 204,002.02 0.00 204.002.02 AP 00348849 07/01/2014 CALIFORNIA SURVEYING&DRAFTING SUPPLY INC 1,005.57 0.00 1,005.57 AP 00348850 07/01/2014 CALIFORNIA,STATE OF 115.00 0.00 115.00 AP 00348851 07/01/2014 CASTANEDA III,ABEL 0.00 250.00 250.00 AP 00348852 07/01/2014 CENTENO,JASON 0.00 680.00 680.00 AP 00348853 07/01/2014 CHAMPION AWARDS AND SPECIALTIES 1,927.80 0.00 1,927.80 AP 00348854 07/01/2014 CHARTER COMMUNICATIONS 437.00 1,222.61 1,659.61 *** AP 00348855 07/01/2014 CHEN,DAVID 0.00 825.00 825.00 AP 00348856 07/01/2014 CINEVATIVE 9,860.00 0.00 9,860.00 AP 00348857 07/01/2014 CI'T'Y RENTALS 2,525.69 0.00 2,525.69 AP 00348858 07/01/2014 CLEAR COAST INC 9,152.81 0.00 9,152.81 AP 00348859 07/01/2014 CLEARWATER GRAPHICS INC 2,280.96 0.00 2,280.96 AP 00348860 07/01/2014 CONSUMERS PIPE-FONTANA 0.00 55.91 55.91 Al' 00348861 07/01/2014 COSTAR REALTY INFORMATION INC 599.83 0.00 599.83 AP 00348862 07/01/2014 CROP PRODUCTION SERVICES INC 1,124.97 0.00 1,124.97 AP 00348863 07/01/2014 CYCLERY USA INC. 100.00 0.00 100.00 AP 00348864 07/01/2014 D AND K CONCRETE COMPANY 1,829.52 0.00 1,829.52 AP 00348865 07/01/2014 DANIELS TIRE SERVICE 0.00 60.00 60.00 AP 00348866 07/01/2014 DELGADO,RUDY 65.11 0.00 65.11 AP 00348867 07/01/2014 DEMCO INC 730.30 0.00 730.30 AP 00348868 07/01/2014 DEMPSTER, KERI 88.50 0.00 88.50 Al' 00348869 07/01/2014 DEXTER,JACOB 161.99 0.00 161.99 AP 00348870 07/01/2014 DICKINSON JANITORIAL SUPPLIES 780.03 0.00 780.03 AP 00348871 07/01/2014 DOWNEY,JENNIFER 11.02 0.00 11.02 AP 00348872 07/01/2014 DUMI3ELL MAN FI'INESS EQUIPMENT,THE 12,101.18 0.00 12,101.18 Al' 00348873 07/01/2014 DURKEL,CAROL 141.68 0.00 141.68 AP 00348874 07/01/2014 DYNASTY SCREEN PRINTING . 2,001.46 0.00 2,001.46 AP 00348875 07/01/2014 EIGHTH AVENUE ENTERPRISE LLC 181.44 0.00 181.44 AP 00348876 07/01/2014 EMBROIDME 3,761.42 0.00 3,761.42 AP 00348877 07/01/2014 ENCARNACION,PAOLA 86.00 0.00 86.00 AP 00348878 07/01/2014 ENTERSECT CORP 79.00 0.00 79.00 AP 00348879 07/01/2014 FASTENAL COMPANY 605.95 0.00 605.95 AP 00348880 07/01/2014 FEDERAL EXPRESS CORP 68.26 0.00 68.26 AP 00348881 07/01/2014 FEDERAL SIGNAL CORPORATION 0.00 76.60 76.60 AP 00348882 07/01/2014 FORTUNE 10.00 0.00 10.00 User: VLOPEZ- VERONICA LOPEZ • Page: 8 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P30 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348883 07/01/2014 FREEDOM NEWS GROUP 1,365.00 0.00 1,365.00 AP 00348884 07/01/2014 G AND M BUSINESS INTERIORS 0.00 1,325.52 1,325.52 AP 00348885 07/01/2014 GEOGRAPHICS 3,852.06 0.00 3,852.06 AP 00348886 07/01/2014 GEYSER EQUIPMENT LLC 85.00 0.00 85.00 AP 00348887 07/01/2014 GOLDEN STAR TECHNOLOGY INC 1,412.49 0.00 1,412.49 AP 00348888 07/01/2014 GOLDSTAR ASPHALT PRODUCT'S 725.76 0.00 725.76 AP 00348889 07/01/2014 GOOD YEAR WHOLESALE 5,312.03 810.66 6,122.69*** AP 00348890 07/01/2014 GRAINGER 1,675.99 218.21 1,894.20*** AP 00348891 07/01/2014 GRAPHICS FACTORY INC. 652.74 0.00 652.74 Al' 00348892 07/01/2014 GRAVES&KING LLP 402.50 0.00 402.50 AP 00348893 07/01/2014 GUERRA,KELLY 52.41 0.00 52.41 AP 00348894 07/01/2014 HALO BRANDED SOLUTIONS 2,114.84 0.00 2,114.84 AP 00348895 07/01/2014 HARRIS,TY . 0.00 60.00 60.00 AP 00348896 07/01/2014 HD PRODUCTIONS LLC 8,750.00 0.00 8,750.00 AP 00348897 07/01/2014 HEAKES,SANDRA 92.00 0.00 92.00 AP 00348898 07/01/2014 HERTZ EQUIP RENTAL 2,916.42 0.00 2,916.42 AP 00348899 07/01/2014 HILTI INC 372.21 0.00 372.21 AP 00348900 07/01/2014 HLP INC. 28,800.00 0.00 28,800.00 AP 00348901 07/01/2014 HOME DEPOT CREDIT SERVICES 645 1,988.19 0.00 1,988.19 AP 00348902 07/01/2014 HOSE HEAVEN 215.67 0.00 215.67 AP 00348903 07/01/2014 HOSE MAN INC 400.81 376.91 777.72*** AP 00348904 07/01/2014 HOUSE OF RUTH 249.00 0.00 249.00 AP 00348905 07/01/2014 HOYT LUMBER CO.,SM 0.00 104.46 104.46 AP 00348906 07/01/2014 HYDRO TEK SYSTEMS INC 320.76 0.00 320.76 AP 00348907 07/01/2014 INDUSTRIAL SUPPLY CO INC 755.34 0.00 755.34 AP 00348908 07/01/2014 INLAND EMPIRE TOURS AND TRANSPORTATION 2,600.00 0.00 2,600.00 AP 00348909 07/01/2014 INLAND PRESORT&MAILING SERVICES 21.84 0.00 21.84 AP 00348910 07/01/2014 IRON MOUNTAIN OSDP 2,533.26 0.00 2,533.26 AP 00348911 07/01/2014 JACKSON HIRSH INC 65.75 0.00 65.75 AP 00348912 07/01/2014 JOHN BURR CYCLES INC 1,281.35 0.00 1,281.35 AP 00348913 07/01/2014 JONES AND MAYER,LAW OFFICES OF 15,360.00 816.00 16,176.00*** AP 00348914 07/01/2014 LAVISHED PRINTING INC 1,501.20 0.00 1,501.20 AP 00348915 07/01/2014 LAWSON PRODUCTS INC 0.00 1,015.68 1,015.68 AP 00348916 07/01/2014 LEAL,RUTH 68.40 0.00 68.40 AP 00348917 07/01/2014 LEARNING EXPRESS LLC 4,181.00 0.00 4,181.00 AP 00348918 07/01/2014 LEBA,QUANG 0.00 250.00 250.00 AP 00348919 07/01/2014 LEWIS,PATRICK 0.00 1,175.00 1,175.00 AP 00348920 07/01/2014 LIEBERT CASSIDY WHrFMORE 12,721.00 0.00 12,721.00 AP 00348921 07/01/2014 LIGHTHOUSE,THE 0.00 198.34 198.34 AP 00348922 07/01/2014 LIMON,EDDIE 395.00 0.00 395.00 AP 00348923 07/01/2014 LITTLE BEAR PRODUCTIONS 1,920.00 0.00 1,920.00 AP 00348924 07/01/2014 MAIN STREET SIGNS 271.82 561.38 833.20*** AI' 00348926 07/01/2014 MARIPOSA LANDSCAPES INC 110,470.62 286.38 1 10,757.00*** AP 00348927 07/01/2014 MARLINK SA INC 0.00 810.00 810.00 AP 00348928 07/01/2014 MC TRUCKING 1,242.70 0.00 1,242.70 AP 00348929 07/01/2014 MCMASTER CARR SUPPLY COMPANY 188.26 0.00 188.26 AP 00348930 07/01/2014 MCMURRAY STERN INC 4,865.79 0.00 4,865.79 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P31 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name Cite Fire Amount AP 00348931 07/01/2014 MCWELCO PRODUCTS 783.00 0.00 783.00 AP 00348932 07/01/2014 METROPOLITAN WATER DISTRICT 1,431.00 000 1,431.00 AP 00348933 07/01/2014 MIDWEST TAPE 525.37 0.00 525.37 AP 00348934 07/01/2014 MITY LITE INC. 9,899.06 0.00 9,899.06 AP 00348935 07/01/2014 MOTOROLA SOLUTIONS INC 0.00 4,800.60 4,800.60 AP 00348936 07/01/2014 MOUNTAIN VIEW SMALL ENG REPAIR 2,007.55 0.00 2,007.55 AP 00348937 07/01/2014 NATIONAL DATA&SURVEYING SERVICES 2,292.00 0.00 2,292.00 AP 00348938 07/01/2014 OCCUPATIONAL HEALTH CTRS OF CA 40.50 0.00 40.50 AP 00348941 07/01/2014 OFFICE DEPOT 16,695.95 566.65 17,262.60*** AP 00348942 07/01/2014 ONTARIO WINNELSON CO 75.60 0.00 75.60 AP 00348943 07/01/2014 ONWARD ENGINEERING 16,213.75 0.00 16,213.75 AP 00348944 07/01/2014 PACIFIC ADVANCED CIVIL ENGINEERING 6,633.49 0.00 6,633.49 AP 00348945 07/01/2014 PARKES, DR KEVIN 0.00 10,000.00 10,000.00 AP 00348946 07/01/2014 PELAYO,RENEE 76.00 0.00 76.00 AP 00348947 07/01/2014 PEP BOYS 436.32 0.00 436.32 AP 00348948 07/01/2014 PEPSI-COLA 796.00 0.00 796.00 AP 00348949 07/01/2014 PERERA,MICHELLE 32.00 0.00 32.00 AP 00348950 07/01/2014 PETERSON HYDRAULICS INC 0.00 1,520.00 1,520.00 AP 00348951 07/01/2014 POLLOCK,LARRY 264.50 0.00 264.50 AP 00348952 07/01/2014 PRO SALES GROUP INC 3,390.00 0.00 3,390.00 AP 00348953 07/01/2014 PROMOTIONS TEES&MORE 3,968.44 0.00 3,968.44 AP 00348954 07/01/2014 PROVO ENGINEERING 5.952.00 0.00 5,952.00 AP 00348955 07/01/2014 PSI3 INTEGRATED MARKETING 23,021.90 0.00 23,021.90 AP 00348956 07/01/2014 PW GILLIBRAND INC 1.957.82 0.00 1,957.82 AP 00348957 07/01/2014 RANCHO CUCAMONGA QUAKES 7,442.00 0.00 7,442.00 AP 00348958 07/01/2014 RESCUE RESPONSE GEAR LLC 0.00 3.678.28 3,678.28 AP 00348959 07/01/2014 RICHARDS WATSON AND GERSHON 41,027.01 567.39 41,594.40*** AP 00348960 07/01/2014 ROADLINE PRODUCTS INC 1,440.32 0.00 1,440.32 AP 00348961 07/01/2014 S AND K ENGINEERS MC 6,970.00 0.00 6,970.00 AP 00348962 07/01/2014 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 0.00 328.98 328.98 AP 00348963 07/01/2014 SAN BERNARDINO CTY AUDITOR CONTROLLER REC( 50.00 0.00 50.00 AP 00348964 07/01/2014 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 1,680.00 0.00 1,680.00 AP 00348965 07/01/2014 SASEUN,CATHY 250.00 0.00 250.00 AP 00348966 07/01/2014 SBC TREASURER TAX COLLECTOR 300.00 0.00 300.00 AP 00348967 07/01/2014 SIGMANF21' 4,400.00 0.00 4,400.00 AP 00348968 07/01/2014 SIGN SHOP,THE 240.63 0.00 240.63 AP 00348969 07/01/2014 SILSBEE,JODI 20.34 0.00 20.34 AP 00348970 07/01/2014 SMART AND FINAL 0.00 392.79 392.79 AP 00348971 07/01/2014 SO CALIF GAS COMPANY 4,129.80 473.06 4,602.86*** AP 00348972 07/01/2014 SO CALIF GAS COMPANY 2,002.19 0.00 2,002.19 AP 00348973 07/01/2014 SONSRAY MACHINERY LLC 177.66 0.00 177.66 AP 00348980 07/01/2014 SOUTHERN CALIFORNIA EDISON 13,285.75 3,128.00 16,413.75 *** AP 00348981 07/01/2014 SOUTHERN CALIFORNIA EDISON 1,116.44 0.00 1,116.44 AP 00348982 07/01/2014 SOUTHERN CALIFORNIA EDISON 2,549.85 0.00 2,549.85 AP 00348983 07/01/2014 SOUTHLAND FARMERS MARKET ASSOC INC 634.00 0.00 634.00 AP 00348984 07/01/2014 SOUTHLAND SPORTS OFFICIALS 644.00 0.00 644.00 AP 00348985 07/01/2014 SPARKLETI'S 76.00 0.00 76.00 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 08:32:00 CITY OF RANCHO CUCAMONGA P32 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount AP 00348986 07/01/2014 SPOONFACTORY 4,410.00 0.00 4,410.00 AP 00348987 07/01/2014 ST JUSTINA COPTIC ORTHODOX CHURCH 615.00 0.00 615.00 AP 00348988 07/01/2014 STERLING COFFEE SERVICE 1,031.65 0.00 1,031.65 AP 00348989 07/01/2014 STREAMLINE PRESS INC 365.04 0.00 365.04 AP 00348990 07/01/2014 SWIFTY SIGN 0.00 1,706.40 1,706.40 AP 00348991 07/01/2014 THOMPSON BUILDING MATERIALS 4,941.86 0.00 4,941.86 AP 00348992 07/01/2014 TRAFFIC MANAGEMENT INC 1,531.25 0.00 1,531.25 AP 00348993 07/01/2014 TRINH,CUONG P 1,200.00 0.00 1,200.00 AP 00348994 07/01/2014 TRUMMELL,ANGELICA 12.00 0.00 12.00 AP 00348995 07/01/2014 U.S.BANK PARS ACCT#6746022500 17,270.02 0.00 17,270.02 AP 00348996 07/01/2014 U.S.BANK PARS ACCT#6746022500 972.10 0.00 972.10 AP 00348997 07/01/2014 UNITED ROTARY BRUSH CORPORATION 427.50 0.00 427.50 AP 00348998 07/01/2014 UPS 90.40 0.00 90.40 AP 00348999 07/01/2014 UTILIQUEST 2,562.25 0.00 2,562.25 AP 00349000 07/01/2014 VALLEY CREST LANDSCAPE 21,293.19 0.00 21,293.19 AP 00349001 07/01/2014 VALLEY POWER SYSTEMS INC 0.00 1,988.25 1,988.25 AP 00349002 07/01/2014 VALUE LINE PUBLISHING INC 950.00 0.00 950.00 AP 00349003 07/01/2014 VERIZON BUSINESS SERVICES 1,692.60 0.00 1,692.60 AP 00349004 07/01/2014 VERIZON CALIFORNIA 1,913.24 374.05 2,287.29'" AP 00349005 07/01/2014 VERIZON WIRELESS- LA 26.71 0.00 26.71 AP 00349006 07/01/2014 WALTERS WHOLESALE ELECTRIC CO 9,078.92 0.00 9,078.92 AP 00349007 07/01/2014 WALTON,KEVIN 0.00 319.80 319.80 AP 00349008 07/01/2014 WATSON,TINA 0.00 20.00 20.00 AP 00349009 07/01/2014 WAXIE SANITARY SUPPLY 3,665.07 0.00 3,665.07 AP 00349010 07/01/2014 WEST END MATERIAL SUPPLY 146.45 0.00 146.45 Al' 00349011 07/01/2014 WHEELER, PAUL 14,491.00 0.00 14,491.00 AI' 00349012 07/01/2014 WRIGHT,'TRACY 82.00 0.00 82.00 Al' 00349013 07/01/2014 XTREME DE'T'AILING 775.00 0.00 775.00 AP 00349014 07/01/2014 YORK INDUSTRIES 935.28 0.00 935.28 AP 00349015 07/01/2014 YOST,SANDRA 500.00 0.00 500.00 AP 00349016 07/01/2014 ZUMAR INDUSTRIES INC 4,117.40 0.00 4,117.40 AP 00349017 07/02/2014 SOUTHERN CALIFORNIA EDISON 10,000.00 0.00 10,000.00 AP 00349018 07/02/2014 ABC LOCKSMITHS 91.50 0.00 91.50 AP 00349019 07/02/2014 AUTO BODY 2000 979.87 0.00 979.87 AP 00349023 07/02/2014 CUCAMONGA VALLEY WATER DISTRICT 151,820.87 2,240.89 154,061.76"' AP 00349024 07/02/2014 DAISY WHEEL RIBBON CO INC 0.00 7,958.85 7,958.85 AP 00349025 07/02/2014 DUNN EDWARDS CORPORATION 114.60 0.00 114.60 AP 00349026 07/02/2014 EMCOR SERVICE 52,113.00 0.00 52,113.00 AP 00349027 07/02/2014 FORD OF UPLAND INC 1,976.86 0.00 1,976.86 AP 00349028 07/02/2014 GENERATOR SERVICES CO 8,605.34 0.00 8,605.34 AP 00349029 07/02/2014 HOLLIDAY ROCK CO INC 2,431.12 0.00 2,431.12 AP 00349030 07/02/2014 HYDRO SCAPE PRODUCTS INC 4,978.29 0.00 4,978.29 AP 00349031 07/02/2014 SIMPLOT PARTNERS ' 1,200.02 0.00 1,200.02 AP 00349032 07/02/2014 TARGET SPECIALTY PRODUCTS 5,183.60 0.00 5,183.60 AP 00349033 07/02/2014 TOMARK SPORTS INC 1,201.74 0.00 1,201.74 EP 00004389 06/25/2014 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 19,258.07 0.00 19,258.07 EP 00004390 06/25/2014 RCPFA 9,245.00 0.00 9,245.00 User: VLOPEZ- VERONICA LOPEZ Page: 11 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait L Time: 08:32:00 CITY OF RANCHO CUCAMONGA P33 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount EP 00004391 06/25/2014 EDF TRADING NORTH AMERICA LLC 3,208.50 0.00 3,208.50 EP 00004392 06/25/2014 RCCEA 1,194.00 0.00 1,194.00 EP 00004394 06/26/2014 AHUMADA,ALEXANDER R 0.00 846.58 846.58 EP 00004395 06/26/2014 ALMAND,LLOYD 0.00 535.72 535.72 EP 00004396 06/26/2014 BANTAU,VICTORIA 0.00 400.31 400.31 El' 00004397 06/26/2014 BAZAL,SUSAN 0.00 1,353.64 1,353.64 EP 00004398 06/26/2014 BERRY,DAVID 0.00 964.58 964.58 EP 00004399 06/26/2014 BROCK,ROBIN 0.00 832.95 832.95 EP 00004400 06/26/2014 CAMPBELL,GERALD 0.00 1,289.65 1,289.65 EP 00004401 06/26/2014 CARNES, KENNETH 0.00 717.76 717.76 EP 00004402 06/26/2014 CLABBY,RICHARD 0.00 964.58 964.58 EP 00004403 06/26/2014 CORCORAN,ROBERT 0.00 505.59 505.59 EP 00004404 06/26/2014 COX,KARL 0.00 535.72 535.72 EP 00004405 06/26/2014 CRANE,RALPH 0.00 1,353.64 1,353.64 EP 00004406 06/26/2014 CROSSLAND,WILBUR 0.00 470.94 470.94 EP 00004407 06/26/2014 DAGUE,JAMES 0.00 1,130.18 1,130.18 EP 00004408 06/26/2014 DE ANTONIO,SUSAN 0.00 505.59 505.59 El' 00004409 06/26/2014 DOMINICK,SAMUEL A. 0.00 1,130.18 1,130.18 EP 00004410 06/26/2014 EAGLESON,MICHAEL 0.00 1,504.93 1,504.93 EP 00004411 06/26/2014 FRITCHEY.JOHN D. 0.00 470.94 470.94 EP 00004412 06/26/2014 HEYDE,DONALD 0.00 1,130.18 1,130.18 EP 00004413 06/26/2014 INTERLICCHIA,ROSALYN 0.00 1,130.18 1,130.18 EP 00004414 06/26/2014 LANE,WILLIAM 0.00 1,504.93 1,504.93 EP 00004415 06/26/2014 LEE,ALLAN 0.00 1,472.85 1,472.85 EP 00004416 06/26/2014 LENZE,PAUL E 0.00 1,102.77 1,102.77 EP 00004417 06/26/2014 LONGO,JOE 0.00 175.97 175.97 EP 00004418 06/26/2014 LUTTRULL, DARRELL 0.00 717.76 717.76 EP 00004419 06/26/2014 MACKALL,BENJAMIN 0.00 175.97 175.97 EP 00004420 06/26/2014 MAYFIELD, RON 0.00 1,353.64 1,353.64 EP 00004421 06/26/2014 MCKEE,JOHN 0.00 535.72 535.72 EP 00004422 06/26/2014 MCMILLEN,LINDA 0.00 535.72 535.72 EP 00004423 06/26/2014 MCNEIL,KENNETH 0.00 944.68 944.68 EP 00004424 06/26/2014 MICHAEL,L. DENNIS 0.00 832.95 832.95 EP 00004425 06/26/2014 MORGAN, BYRON 0.00 2,265.72 2,265.72 EP 00004426 06/26/2014 MYSKOW,DENNIS 0.00 964.58 964.58 EP 00004427 06/26/2014 NAUMAN,MICHAEL 0.00 964.58 964.58 EP 00004428 06/26/2014 NEE,RON 0.00 1,795.43 1,795.43 EP 00004429 06/26/2014 NELSON,MARY JANE 0.00 175.97 175.97 EP 00004430 06/26/2014 PLOUNG,MICHAEL 1 0.00 1,079.38 1,079.38 EP 00004431 06/26/2014 POST,MICHAEL R 0.00 1,717.64 1,717.64 EP 00004432 06/26/2014 PROULX,PATRICK 0.00 1,504.93 1,504.93 EP 00004433 06/26/2014 ROEDER,JEFF 0.00 1,504.93 1,504.93 EP 00004434 06/26/2014 SALISBURY,THOMAS 0.00 832.95 832.95 EP 00004435 06/26/2014 SMITH,RONALD 0.00 964.58 964.58 EP 00004436 06/26/2014 SPAGNOLO,SAM 0.00 470.94 470.94 EP 00004437 06/26/2014 SPAIN, WILLIAM 0.00 717.76 717.76 EP 00004438 06/26/2014 SULLIVAN,JAMES 0.00 1,086.58 1,086.58 User: VLOPEZ- VERONICA LOPEZ Page: 12 Current Date: 07/09/2014 Report: CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 08:32:00 CITY OF RANCHO CUCAMONGA P34 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/25/2014 through 7/8/2014 Check No. Check Date Vendor Name City Fire Amount EP 00004439 06/26/2014 TAYLOR,STEVE 0.00 1,102.77 1,102.77 EP 00004440 06/26/2014 TULEY,TERRY 0.00 1,130.18 1,130.18 EP 00004441 06/26/2014 VANDERKALLEN,FRANCIS 0.00 1,157.44 1,157.44 EP 00004442 06/26/2014 WOLFE,JACKIE 0.00 811.02 811.02 EP 00004443 06/26/2014 YOWELL,TIMOTHY A 0.00 1,353.64 1,353.64 EP 00004444 07/01/2014 SAN BERNARDINO CTY SHERIFFS DEPT 2,510,026.00 0.00 2,510,026.00 Total City: 55,149,703.06 Total Fire: 5193,306.51 Grand Total: $5,343,009.57 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 13 Current Date: 07/09/2014 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait L Time: 08:32:00 P35 ° A ° ^> d f i or, c ° o cn C r 5 N O V 0 N N N N , Q o I eT O e- ,- o E w U E n r °_' E O f > 0 > W g n U ▪ O r z a o ac .c° 0 E a d 2 d rf 0 N CI V N W r A > p C� L cC I V C O d T N O w r r 0 L O E a u 0 ° > U .o E to a0 L y t« ! m N W r co N C i- d i ° ' E u `o N A r r y d N O >r c .o O C N L_ a O _ X a CC f o 00 1� W W ° d 0 Lu F ^ ^t ? 17 P tO 6 d H r o 01 N C O < N• ° O c r d° a e W e` o$ ° O N 0 N p N N C C O_ N 10 ' N p N O 0 t o O ci N cs d o E N" o Y N H H a U N N C 0 2 T -To O = O 0. l. 00 N 00, ° m o w d C V 0 q y O N O 1i u' d m> ' N N N W O 100 10 to a� O d A a ad CO n N e "' n m A "' o d « C •' o o 0 0 N o0 -o E U p C < , co o N N a l6 a C.) d E a a E c 7 .0 � N O ep o 0 Q a V C 7 N p N M E 3 a O CO CO o o t--. o c° '> d 0 t p �"> m = w c C O 0 C d • O r co °° N CO 0 0. co y N e • '� a ��/ �yy N N m m 100 W O O m A• d N L_ N C LL O ` ' W ^ 1� t7 W O CO t0 co ° 0 0 h 1• 00 N in N a a O N p. d_ 3{� L co Oaoa 0000 to N r r w E (0 o r _ M n oa E N N C"j O U go D. 2 d \ g 3 5 a °'E `o r L • 0 0t d C t/1 to c ' d co N > O O O O p 0 p co N a Ot 0 V O 0•q N O O O C O Ie) L. °o °o °o 'Cr m a p r • E °- < W > A c ✓ 0 00i N O 6 A L M M 2°- U °v CO fO W C r IL N a O. 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C LL LL a u U j LL Q LL Q U LL C LL V Y U t C E a F LL LL a ¢ LL o ¢ F `¢�3 ¢ = F ii o Q = ¢ y_ Iti h Q '0 v w v v 3 rg i '� ° 3 v 0 o O w '= ° ° u 0 U E c Y N a '0 `y Y P Y Y C ° Y 0 O Y Q `Y 'E j0 0 m tt ¢ a - a` ¢ ¢ ¢m - a` �i alp ¢ ¢ U — c — o 0 a Y 0 0 0 22 0 Y C U- ILL LL c C a a m m L 2 a 3 3 3 w 3 u a J O a o co Y LL Y ic Y S Y m E W 0 y N Y 1 22 0 Y° Y z O Y '° K w m Y 3 ` W O CO D to m L O Y m > E 0 u ` Y E a > ¢ z 0 o O Q w 0 o 0 000 a c U H o Z Z Z < y 0 o LL LL LL 0 Z U U U H . P44 STAFF REPORT h COMMUNITY SERVICES DEPARTMENT LJ RANCHO Date: July 16, 2014 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Nettie Nielsen, Community Services Director /4 . By: Christen Mitchell, Management Analyst I S Subject: APPROVAL TO RENEW PROFESSIONAL SERVICES AGREEMENT (CO#13-025) WITH CLEARWATER GRAPHICS, INC. FOR THE PRINTING AND PRODUCTION OF THE GRAPEVINE, RC REPORTER AND ANNUAL REPORT FOR FY 2014/15 TO BE FUNDED FROM 1001401-5300 AND 1001001-5300. RECOMMENDATION It is recommended that the City Council approve and authorize the renewal of Professional Services Agreement (CO#13-025) with Clearwater Graphics for the printing and production of the Grapevine, RC Reporter and Annual Report in the amount of $84,200 and authorize a 10% contingency in the amount of $8,420 funded from account number 1001401-5300, and in the amount of $16,000 and a 10% contingency in the amount of $1,600 funded from account number 1001001-5300. BACKGROUND/ANALYSIS The Grapevine is a publication of the Community Services Department and features information on the Department's classes, events and facilities. It is the primary marketing and registration tool for the Department. It also features information on Healthy RC, Library and Animal Care Facilities programs. The Grapevine, which includes the RC Reporter and Annual Report, is published on a quarterly basis for spring, summer, fall, and winter. The RC Reporter, coordinated by the City Manager's Office is the City's community newsletter, providing information to residents and businesses regarding City activities, events, and progress updates on City projects and local community efforts from all Departments. The RC Reporter is published three times each year and is inserted into the Grapevine. The Annual Report, also coordinated by the City Manager's Office, is published once per year and is also inserted into the Grapevine. The Annual Report provides a summary of the City's accomplishments and happenings from all City Departments for the past year as well as providing a look at the year ahead. Both publications are part of the City's overarching Community Information Program. The Program is aimed at ensuring communication, information and educational exchanges with our residents so that they are well informed about local government projects, programs, issues and activities. P45 APPROVAL TO RENEW PROFESSIONAL SERVICES AGREEMENT(CO#13-025)WITH PAGE 2 CLEARWA I ER GRAPHICS,INC. FOR THE PRINTING AND PRODUCTION OF THE GRAPEVINE,RC REPORTER AND ANNUAL REPORT FOR FY 2014/15 TO BE FUNDED FROM 1001401-5300 AND 1001001-5300. JULY 16,2014 The City Council approved and awarded the contract to Clearwater Graphics, Inc. on October 5, 2011 with the option to renew for an additional three (3) years in one (1) year increments in accordance with request for bid, RFB#11/12-00. Respectfully submitted, Nettie Nielsen Community Services Director P46 yarcretia STAFF REPORT ADMINISTRATIVE SERVICES GROUP 11" RANCHO CUCAMONGA Date: July 16, 2014 To: Mayor and Members of the City Council John R. Gillison, City Manager `/ From: Lori E. Sassoon, Deputy City Manager/Administrative Services 1'J By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORTS TO INITIATE 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 NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2014/15 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATES IS PROPOSED. 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, declaring the City Council's intention to levy annual assessments within Street Lighting Maintenance District No. 1, 2, 3, 4, 5, 6, 7 and 8. There is no increase to the current rates in these districts for Fiscal Year 2014/2015. The Engineer's Reports are also on file in the City Clerk's Office. BACKGROUND/ANALYSIS: 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 assessment revenues, supplemented with Gas Tax revenues in some cases, 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, or in opposition to, an increase in such assessment. • P47 CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF PAGE 2 THE ANNUAL ENGINEER'S REPORTS TO INITIATE PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS,PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORTS, DECLARING THE CITY COUNCIL'S INTENTION'PO LEVY ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. I THROUGI-I 8,INCLUSIVE, FOR FISCAL YEAR 2014/15 AND SETTING THE TIME AND PLACE FOR A PUBLIC I-TEARING THEREON. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. JULY 16,2014 Over the last year, City staff has engaged the community with a public outreach program and phone survey to inform property owners about the status of their West-Side parks, landscaping and lighting districts and to determine their willingness to approve redistricting with new rate structures to meet the fiscal challenges of the districts. The results of the January 2014 phone survey revealed that property owners were generally pleased with the City's management of the districts and facilities, but were not ready to support the proposed West-Side district structure and its related assessments. Consequently, staff will continue with the public education outreach to inform property owners of the fiscal challenges facing the Street Lighting Districts. Finally, City staff is currently evaluating the feasibility of purchasing and maintaining the SCE street lights as a means of reducing the street light maintenance costs over the long term. As stated in the Street Lighting Maintenance Districts Fiscal Year 2014/2015 Engineer's Reports, the assessment rates shall remain unchanged from the previous FY 2013/2014 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. 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 is operating at a 50% budget deficit and is being backfilled with Gas Tax funds to sustain services. This district will require a rate increase in future years to maintain service levels, and was proposed to be replaced in the new West-Side Neighborhood Districts proposal. 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. It is noted that reserves for SLD 5 are completely depleted and this district is now operating with a significant deficit and is being backfilled with Gas Tax revenues to sustain services. 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. This district will require a rate increase in future years to maintain service levels, and was proposed to be replaced in the new West-Side Neighborhood Districts proposal. P48 CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF PAGE 3 THE ANNUAL ENGINEER'S REPORTS TO INITIATE 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. 1 THROUGI-I 8,INCI.,USIVE, FOR FISCAL YEAR 2014/15 AND S1 I"TING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. JULY 16,2014 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 is operating at a significant deficit and is being backfilled with Gas Tax funds to provide services. This district will require a rate increase in future years to maintain service levels. Street Lighting Maintenance District No. 8 assessments pay for energy and maintenance for streetlights in South Etiwanda. The current assessment rate is $30.60 per single-family residence. Attachments Resolutions Engineer's Reports P49 RESOLUTION NO. 14-115 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. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2014/15 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. 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, 2014, and ending June 30, 2015 ("Fiscal Year 2014/15"). 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 2014/15. 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. P5O PASSED, APPROVED AND ADOPTED this day of July, 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P51 RESOLUTION NO. 14-116 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. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2014/15 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 2014/2015 (each, an "Annual Engineer's Report") in certain maintenance assessment districts known and designated as Street Lighting Maintenance District No. 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 2014/15; C. A diagram for such District, showing the area and properties proposed to be assessed; and P52 D. An annual assessment for Fiscal Year 2014/2015 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, 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P53 • RESOLUTION NO. 14-117 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 2014/2015 IN STREET LIGHTING MAINTENANCE DISTRICT NO. 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. 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 2014/15, 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 2014/15 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 2014/15 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 2014/2015 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. P54 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 2014/2015 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 arid 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 6th day of August, 2014 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. P55 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 91730 (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 July, 2014 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P56 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 and traffic signals located within the Caryn Planned Community. Street Lighting Maintenance District No. 6 The installation/maintenance of street lights and traffic signals located on commercial and industrial streets throughout the City but that are not within an existing local maintenance district. This area is located generally south of Foothill Boulevard. Street Lighting Maintenance District No. 7 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "North Etiwanda". This area is located generally east of Day Creek Channel and north of Highland Avenue. Street Lighting Maintenance District No. 8 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "South Etiwanda". This area is located generally east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue. P57 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 1 (Arterials) P58 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (ARTERIALS) 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 Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P59 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P6O • ENGINEER'S LETTER WHEREAS, on [Date] the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Lighting Maintenance District No. 1 (Arterial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 791,350.00 Less Anticipated Delinquencies (2,430.00) Total Estimated Revenue $ 788,920.00 Plus Use of Operating Reserve Fund 72.700.00 Total Expenditure Budget $ 861,620.00 Total District EBU Count 44,533.06 Actual Assessment per EBU $ 17.77 Maximum Allowable Assessment per EBU $ 17.77 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. • Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P61 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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 .Stetaer, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P62 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P63 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, 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 meeting 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 the is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P64 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 5 Fiscal Year 2014/15 tpgb_a-Bis ii86 li .: fie,-a�dFt.p:xza 1 ^ ry.-� 1-�g3 i4aa4;,$�',4-. .-., is;•RlaE 42a:E a4 d m �pe o0:UEf.,aa S . eQB, v,E.�g�FiBeaQ - �tlou�g �id?A� wpll a w Re ? °e k a°~ rrt!:E° a m f6 S ,i & 6 fl X 1122 Grove•A - x•�aooE�e�egs�ge@ ipbciiiilj # SAPPHIRE ST .ilUi1A ora cn e a IIn o-@�;69 o n a o w e m , o/e Carnelian St Vineyard A tit i 5 al BERYL ST Hellman Av A HELLMAN AV '. Hellman Av- 4 u) x co H �' ;, c n Archibald A 0 CO ARCHIBALDAV n 1 ArchibaldA i� o c m x air �Vi r O r r r HERMOSAAV to et Hemtosa A r! m Hermosa At (Q •O N CD Haven A Haven Av cce Go . :. ...., III r4- 411 r 11 "' MILLI KEN AV O D Milliken A , 11 ,..4$1. H . �A _ ` II CO 3 Rochester A• J ,l .p S - `� (Q 3 'r ROCHESTER AV 1-15 " • p •ochecter Av I-- 11) cD DAYCREEKBL BIM 'V ii . 0 ey ere,* 3 c° 1 I.r ii..... .atual �'O i T r O ..r• cn Fliwanda A, �.. h, !l s .q;ET1WANDA AV Crn E71 WgN0q'AW 6 Z S� O ► Etiwanda Ai 4 East A 2 wl, . 4 r �— IIINILIP _� a � 1 1 eat C C I„ I • /4 n � N� ■ O O ` t=.Ar I W < CHERRY AV CD co IflT19 .- a cn o ) ttt.--z Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P66 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 2014/15 Budget Personnel Services Regular Payroll $ 13,170.00 Part-time Salaries 0.00 Fringe Benefits 6 190.00 Subtotal Personnel $ 19,360.00 Operations and Maintenance Training $ 180.00 Membership Dues 4,030.00 Operations and Maintenance 7,990.00 Cellular Technology 4,330.00 Equip Operations & Maintenance 500.00 Utilities Telephone Utilities 1,130.00 Electric Utilities 628,470.00 Assessment Administration 160,190.00 General Overhead 35,440.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 842,260.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total Expenditure Budget $ 861,620.00 Total Estimated Assessment $ 791,350.00 Less Anticipated Delinquencies (2,430.00 Total Estimated Revenue $ 788,920.00 Plus Use of Operating Reserve Fund 72,700.00 Total Net Revenues/Expenditures $ 861,620.00 Total Estimated Assessment $ 791,352.47 Total District EBU Count 44,533.06 Actual Assessment per EBU — Fiscal Year 2014/15 $ 17.77 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 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 7 Fiscal Year 2014/15 P67 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 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, 2014 Reserve Fund Balance $ 951,744.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (72,700.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 879,044.00 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 Maintenance Districts. Membership Dues: ISMA dues. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities - Telephones: This item includes the costs for master controllers for dial-in data lines for uploading, downloading and observing system operations for traffic signals. Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P68 Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the street lights and traffic signals. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. 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. Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P69 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P7O • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing 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, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed 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 19.96/97 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 Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P71 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Benefit Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential _ $17.77 $17.77 27,448.00 27,448.00 Multi-Family Residential 17.77 17.77 10,809.00 10,809.00 -_ Non Residential 17.77 17.77 3,138.03 6,276.06 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 12 Fiscal Year 2014/15 P72 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 13 Fiscal Year 2014/15 Ai; 11s'i -, P73 ;11114. 4;ll:iZ� f I 'll S y 1l !! g co CO v a Mia 3 D ) J co 3 'W22..1{ z _ 7 id;'711i1I1 Cl) co = (n 9 i . Grove Av c co j 1`t a 3aa� lil�jil a 12 011314 Carnelian St Vineyarn rd Av A 5 . cn Hellman Av 9 Hellman Av Archibald Av Archibald Av Hermosa Av 2' Hermosa Av Haven Av Haven Av Milliken Av Milliken Av Rochester Av r Rochester Av co iftlik r Etiwanda Av .' Etiwanda Av Z. 9. East Av 4) o 8 m o - CD a I I) i Cherry Av 04Pb- g 0 O a D O -. a. J C. CT roil.. CI eft% Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P74 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $17.77 27,448.00 27,448.00 _ $487,750.96 Multi-Family Residential 17.77 10,809.00 10,809.00 192,075.93 Non Residential 17.77 3,138.03 6,276.06 111,525.58 TOTALS 41,395.03 44,533.06 $791,352.47 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Annexation Total Total Parcel Number Date Project Units/Acres EBUs Property Type Single Family 0227-012-24 1/16/2013 TR18826 8.00 8.00 Residential DRC2011- 0229-192-09 & 18 2/6/2013 00255 1.81 3.62 Commercial/Industrial Single Family 1100-131-01 6/5/2013 TR18466 43.00 43.00 Residential 0225-161-19, 32- Single Family 34 6/19/2013 TR18744 30.00 30.00 Residential DRC2012- 0207-222-05 7/3/2013 00932 0.95 1.90 Commercial/Industrial 0209-151-27, 37 & 7/17/2013 PM18794 20.24 40.48 Commercial/Industrial 0209-161-24 0209-411-33 7/17/2013 PM19397 20.60 41.20 Commercial/Industrial DRC2012- 0209-032-40 7/17/2013 00790 3.17 6.34 Commercial/Industrial DRC2013- 0209-021-05 9/4/2013 00053 9.25 18.50 Commercial/Industrial DRC2013- Single Family 1062-211-06 11/6/2013 00427 1.00 1.00 Residential DRC2012- 0229-181-03 & 11 11/6/2013 01065 4.77 9.54 Commercial/Industrial Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P75 1089-081-16, 17, Single Family 20 &21 11/6/2013 TR18819 17.00 17.00 Residential Single Family 0225-161-13 11/6/2013 TR18709 12.00 12.00 Residential Street Lighting Maintenance District No. 1—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P76 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 2 (Local Streets) P77 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 • CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P78 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P79 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga (the "City), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 2 (Local Streets) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 353,310.00 Plus Gas Tax Contribution 215,290.00 Less Anticipated Delinquencies (7,290.00) Total Estimated Revenue $ 561,310.00 Less Reserve Fund Collection 0.00 Total Expenditure Budget $ 561,310.00 Total District EBU Count 8,839.32 Actual Assessment per EBU $ 39.97 Maximum Allowable Assessment per EBU $ 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 improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P80 parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. riai; Mark A. euer, Director of Engineering Services/City Engineer • Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P81 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P82 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, 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 meeting 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 the is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P83 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City west of Haven 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 5 Fiscal Year 2014/15 S iiirtmisi4i.m 84 Yei aa! n 9 n ... ;iis. 111.W 1 ,1°SR __ Ifli!i!llhI1ii eP — . -1 4 ° m o kfogaat°..5ggkli . s , , -oil d e c ti,a' *lE a°° 9'0 R 5 E GroveA -X11 '-is= A �SAPPHIRE'S-I Grp �. Iliir/7733911 1 Al■ tR j • .:xir�t: -a .X-A o Carnelian St 111 '�� .� ;'�rLY ''�m 1Aneyard A r irk z it I; A DT , i 9.1...-;: 7,r t�„:•J `l _i lr D 3/r: t BERYL I, rt HELLMAN'AV�':' ' r•.y lj�i r :.-.,.aa-t Hellman Av Hellman Av - r a ((� `� -■r aw 4 - J�} 'I' ��E s ! N l� .�.If�1 iAMETHYSTvAV+Lia� , _. -.- it +;..-1 .1 00 re _,tom ..—, N tARCHIBALDAV �. .rIT .yI'1J. ,'1 Z 1 �•r 0 a�F Archibald Av t��ia O '.a• 7 ]L. d ';S_. uLYY :,c, •aldAv 1111 HermosaAv ! I1k 'iiI` ���_ ":•{Yt�`"'��n� !444.:HERMOSA•AV_ -- > o I el.. �'ti `�c.i ' riiiiii � '2•r... ;.11'! 1,U7n 1 '154ot ->lf�, v � Nii ,,HavenA !4F1Ii 1 ..(;'_'•.+ .,HAVENAV•� y` -, N ,-.61kly ilivii„ . co ‘: �� r adlr MILLI KEN7AV/a O 1 g a;,,l, , • .�.. Milliken Av ���� � �s,u�Cr. �lra .Ti� 't11'1�� � rF Rochester A L�-. ,. • ''1:�0114` rdA = co ip�� IV 1 ROCHESTER AV ,llll[! .4 .j-ffil 3 .. n X15 ..' SO �,ML�_c:.�.::...�... -� rl� T 11 ochesterAv �D N 0 bli114i ME1 DAY EREEK'BL I�mngili r j v 1 O N EbwandaAv " JL ET!WANDAAV i la- ��Irn wAt`aAVi 0 Z � 2 Etvnd Av 0 CA Mill EastA IiLV1kiI 3 r1 '�lIL F r I <••••••N■• j 0 • CHERRY AV I co 1 11111111 I7 In n r 0 n = `< 0 m 0 C m A g 476, CD N I9 ea 8 `C (O t /J 'a )1"›.-Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P85 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 2014/15 Budget 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 Equip Operations & Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 521,410.00 Assessment Administration 37,400.00 General Overhead 2,500.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 561,310.00 Capital Expenditures Capital Proiects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total Expenditure Budget $ 561,310.00 Total Estimated Assessment $ 353,310.00 Plus Gas Tax Contribution 215,290.00 Total Estimated Revenue $ 568,600.00 Less Anticipated Delinquencies (7,290.00) Net Revenues/Expenditures $ . 561,310.00 Total Estimated Assessment $ 353,307.62 Total District EBU Count 8,839.32 Actual Assessment per EBU — Fiscal Year 2014/15 $ 39.97 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 39.97 Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P86 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 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, 2014 Reserve Fund Balance $ 0.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 0.00 Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 0.00 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Training: International Municipal Signal Association (ISMA) Certification. The cost is split evenly between all of the City's Street Light Maintenance Districts. Membership Dues: ISMA dues. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities - Telephones: 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. Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P87 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. Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P88 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P89 • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing 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, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed 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 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 Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P90 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier • Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $39.97 $39.97 6,770.00 6,770.00 Multi-Family Residential 39.97 39.97 1,989.00 1,989.00 Non Residential 39.97 39.97 40.16 80.32 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P91 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 13 Fiscal Year 2014/15 a;ifT�_ip P92 itti a)co co 3{ d 1 ■a•i 1 liiiei . lej-1 co 3 fg R i 7 C _' r S 0 i = q Grove Av j]{ 1113�Q! !'!; a 3.1i og121 Carnelian St Vineyard Av A = S 0) Hellman Av y Hellman Av Archibald Av Archibald Av Hermosa Av '3?�, o i Hermosa Av Haven Av Haven Av Milliken Av Milliken Av Rochester Av i •y 1 Rochester Av la. i.._.._._.._._.�.� VD CD j Day Creek B C 1 Ir 1 r car Etiwanda Av Etiwanda Av i �• Ja 411 Poilk S East Av _ D m 0 I �, a m 1 l ,P, al ;,,, I CD —co N 11) Cn o a ., �\ _._..___. . Cr; - n `• Cherry Av ,'11'" � 7 II �'0 cn 1Z v 1 D O to r Cl). 3 P -I, _. K. P4 VI Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P93 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $39.97 6,770.00 6,770.00 $270,596.90 Multi-Family Residential 39.97 1,989.00 1,989.00 79,500.33 Non Residential 39.97 40.16 80.32 3,210.39 TOTALS 8,799.16 8,839.32 $353,307.62 'Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Parcel Annexation Total Number Date Project Units/Acres Total EBUs Property Type DRC2013- Single Family 1062-211-06 11/6/2013 00427 1.00 1.00 Residential Street Lighting Maintenance District No. 2—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P94 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 3 (Victoria Planned Community) P95 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P96 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment • Process for Annual Assessment Plans and Specifications 6 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 8 District Budget Definitions of Budget Items Method of Assessment 11 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 14 Assessment Roll 16 Assessment Roll Annexations P97 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 3 (Victoria Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 351,320.00 Plus Anticipated Delinquencies 4,800.00 Total Estimated Revenue $ 356,120.00 Less Operation Reserve Fund Contribution (46,090.00) Total Expenditure Budget $ 310,030.00 Total District EBU Count 7,451.16 Actual Assessment per EBU $ 47.15 Maximum Allowable Assessment per EBU $ 47.15 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P98 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. teuer, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 2 • Fiscal Year 2014/15 P99 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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. Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P100 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, 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 meeting 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. Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P101 If there is no majority protest as described above, the City Council may approve the proposed assessments. If the 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 5 Fiscal Year 2014/15 P102 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 1-210 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 are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 6 Fiscal Year 2014/15 Uhlj!EjUhliUuII I�IWII.1..•w...l w r .i itl ' ,! -> • j !eels i t Gii �E1114-leg _. .. (p e-+ -_.- Lt, ,I1iIiIiIIUiJi1! f-* I,• +�i - Wu h __'E q j 1gA1 J r / \\ d �'`'�` /i�•� IbS#;:"4i emu, ¢ yd .ft„g ___ i M• .. ( i'-Et . -MO - g • • s , •�.•• .• .•• CTI n▪ r' r ••e:•.•• ••• •j•i... •/ %•:•••••••••••••* O•t i 1..._-.(�. m I•'••;it�,,••\'•'1 • • • •••• --1 ` I I CO = 22 •••4h MILZL'IKEN`AV••••rte••• -p 01 ' j•••:•.•= ••••J• 1:06.* • ••:••••: •S N p ;t�.t 4 . J••L�i•••• j••.•I;,=•• •t••+••• :jam • • p ..Z.4' ," :••••S•i •• •• •S• • • •••••• js • -0 ' ''P"4..45k �•••"M.•• ip'•MR. . r s• y+� •r� se --n 0 a li 4.. -I =V, q-,6-7-.Y_'- `f ._ ' ' ••I••• •••••„..• .'. .,•5 3 y�• i .1.*:.*: iE +• ••• •••• ••• • ••• • o• VV STFRAV ••O-_- .w "-ar° S - v• • = / • • • •••N••• s .•. •. _ 01 N O :=r.% ••••••• j • . ••• i. :.:.•r = A DAY CREEK BL •iA Z •••._ •• •••• •• • •• AYREEKBL .. _ _ /7s �_ y,•••: • :. •••iti••••• •••••.• ••.+i•..Mh•h.•.. N • ,3 1 �N :a•.•I.: •� . • ••. �.:•�:�••:7•+•• °• i .1, O in S • ••• S • •• .•s• •.A••%hwr = ••� •1•_' O O 41 2 -1....•.•• • ••••••. • • t•• •••+•. ••• •• - w •• m 73 0 1 • <> • • • i • i.4+q=•• ••• • • •: • • •�• •• • • • • •.• •••• • • • t•:0:4.• • •• Cl) C) co ETIWAN DA AV ••• • • w•• ••••• 1 1 • -• N f� ff ININ1t L �.y i 6�C� /mss O c o_ 0 r3r hq,,Hj t a�. -1 ♦ �a i '�I' Or 0 In CA hl '- N Is r �77 CO �G 1111111 - m - , n..q y S 1116, < O r oz .�..�..�.�..� �.�..�..�..�..�.� -- EAST� V y ------- - s 1 Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P104 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 2014/15 Budget Personnel Services Regular Payroll $ 13,170.00 Part-time Salaries 0.00 Fringe Benefits 6.190.00 Subtotal Personnel $ 19,360.00 Operations and Maintenance Training $ 180.00 Membership Dues 30.00 Operations and Maintenance 9,940.00 Equip Operations & Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 240,770.00 Assessment Administration 35,450.00 General Overhead 4,300.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 290,670.00 Capital Expenditures Capital Proiects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total Expenditure Budget $ 310,030.00 Total Estimated Assessment $ 351,320.00 Plus Anticipated Delinquencies 4.800.00 Total Estimated Revenue $ 356,120.00 Less Operating Reserve Fund Contribution (46,090.001 Total Net Revenues/Expenditures $ 310,030.00 Total Estimated Assessment $ 351,322.19 Total District EBU Count 7,451.16 Actual Assessment per EBU — Fiscal Year 2014/15 $ 47.15 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 47.15 Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P105 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 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, 2014 Reserve Fund Balance $ 1,148,429.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (0.00) Operating Reserve Contribution — Fiscal Year 2014/15 46.090.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 1,194,519.00 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 Maintenance Districts. Membership Dues: ISMA Certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. • Utilities - Telephones: 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. Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P1O6 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. Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P107 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P1O8 • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing 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, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed in 1982, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since the 1996/97 Fiscal Year. Further, no parcel included in the District formation or annexations prior to when the language was 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 Dwelling Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P109 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 1.00 Unit Non Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $47.15 $47.15 6,363.00 6,363.00 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 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. 3—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P110 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 14 Fiscal Year 2014/15 UIIli1;s 6i 7=� Pill 'i=!1;1% P111 E' 11 `l "1 = fli1i1ili a° N ; :�? i = a 0011114 T W = X al1 , t D g yv a 3101144} 1 = ,'f1111alii Grove .._.._�._..,.�r iae� ie#��11 .� z9ii .!4111 I fi i I Carnelian St Vineyard Av! 1 rn s N Hellman Av N i Hellman Av 1! Archibald Ay! Archibald Av ' 1 Hermosa Av i Hermosa Av i N I Haven Av! Haven Av i \I I i i i Milliken Av I i _._._._.._.._.j Milliken Av i S..% Rochester Av Rochester Av Polk ii.._.._.._.._.._.�. CD Day Creek B1 h. f 4 1 r cQ' Etiwanda Av L Etiwanda Av I East Ay'. �\ i i m 1 > S co Z' v,, I 0,41. o Xi A?1 2 Cherry Av \; ' cn 1- D v g 4 yok N w Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P112 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $47.15 6,363.00 6,363.00 $300,015.45 Multi-Family Residential 47.15 589.00 589.00 27,771.35 Non Residential 47.15 249.58' 499.16 23,535.39 TOTALS 7,201.58 7,451.16 $351,322.19 'Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Annexation Total Total Parcel Number Date Project Units/Acres EBUs Property Type 1089-081-16, 11/6/2013 TR18819 17.00 17.00 Single Family 17, 20 & 21 Residential Street Lighting Maintenance District No. 3—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P113 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) P114 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P115 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P116 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 4 (Terra Vista Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 159,510.00 Plus Anticipated Delinquencies 2,210.00 Total Estimated Revenue $ 161,720.00 Plus Use of Operating Reserve Fund 1.280.00 Total Expenditure Budget $ 163,000.00 Total District EBU Count 5,508.06 Actual Assessment per EBU $ 28.96 Maximum Allowable Assessment per EBU $ 28.96 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Street Lighting Maintenance District No.4—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P117 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. MarR A_Steuerr 'rector of Engineering Services/City Engineer Street Lighting Maintenance District No.4—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P118 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 Street Lighting Maintenance District No.4—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P119 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, 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 meeting 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 the is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No.4—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P120 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as the Terra Vista Planned Community, which is located north of Foothill 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 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 2014/15 HAVEN AV P121 N3AVH • •• • 1'i= ,¢S l R E 9 n 4 a 5 6 @ • .Y �a°ova§&��'p-g Q �49 • • a^ovti=ilsg lw 111F _ W ' W O '4P. 1111111111• • ( `s-, N •1 •• y r� • f • MMEMMMINII Cn `O O • .---•_ 2 - r ?`:` `V r ED f :�y` z pno •• 5 rh -i `u N r • r i CI r • •• • D • ( to N nx •y a Amin--------''''.03 z • w D m • Z O "n ' • MILLIKENA) rh -CD D A 2 r-- cu N o N y illt cn • . p : �f II cri * • • _ / c�pZ 3. CD • • • • • • • ,. • "1,.. .0. _!,Z • .. 0 1 Ali r ' . • .!f .• r IN n @ CO °c q (1) >> m _ d• a' ? r ROCHESTERAV • m el ,-L in ZJ---- i I �- r- Street Lighting Maintenance District No.4—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P122 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 2014/15 Budget Personnel Services Regular Payroll $ 13,170.00 Part-time Salaries 0.00 Fringe Benefits 6.190.00 Subtotal Personnel $ 19,360.00 Operations and Maintenance Training $ 190.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equip Operations & Maintenance 500.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 111,900.00 Assessment Administration 22,970.00 General Overhead 3,110.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 143,640.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 163,000.00 Total Estimated Assessment $ 159,510.00 Plus Anticipated Delinquencies 2.210.00 Total Estimated Revenue $ 161,720.00 Plus Use of Operating Reserve Fund 1,280.00 Net Revenues/Expenditures $ 163,000.00 Total Estimated Assessment $ 159,513.42 Total District EBU Count 5,508.06 Actual Assessment per EBU — Fiscal Year 2014/15 $ 28.96 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 28.96 Street Lighting Maintenance District No.4—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P123 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 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, 2014 Reserve Fund Balance $ 487,082.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (1,280.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 485,802.00 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 Maintenance Districts. Membership Dues: ISMA certification. The cost is split evenly between all of the City's Street Light and Maintenance Districts. Utilities - Telephones: 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. Street Lighting Maintenance District No. 4—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P124 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 Proiects: 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. Street Lighting Maintenance District No.4—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P125 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7(commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 4—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P126 • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing 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, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed 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 Dwelling Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific Street Lighting Maintenance District No.4—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P127 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-Family Residential 0.50 Unit Non Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU 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 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.4—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P128 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 13 Fiscal Year 2014/15 ail` iaa=iYi n P129 14,!.1; ;x.• ;,.1 141:11,111;j qa I_t Ni��' I . =' 1 111 !. w CD ii! illiiill -ri co a) IiiallsOlii co 6> 0 alai''j11;4 ! S _ r 00 0 _1111 'l, Grove Av ,_.._..__—•–..�,�--.� Q . e! Q� ;`'ilia I } � j j Carnelian St - Vineyard Av j I Hellman Av g,,.-7 .~ ; Hellman Av ! r Archibald Av 1 I I Archibald Av ! I Hermosa Av i #0' I Hermosa Av i i Haven Av! i i Hi aven Av 1 i i 1 1 I I Milliken Av I ._.._.._.._.._.J Milliken Av I i r.I \., .. ,.. ....' i Cn Rochester Av I j Rochester Av . . ,. CD Day Creek Bi H. x.,,, 1 r N - i e. Etiwanda Av . + Etiwanda Av i Z. East Av —._.._.._.._ _.._..� t I a m co i I CD CL /1%411Z`:_, c0 Cherry Av I - CD 0, 7d cn a = I r 3. Pii C) cn rq. ti 'iu> Street Lighting Maintenance District No.4–City of Rancho Cucamonga 14 Fiscal Year 2014/15 P130 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs 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 $159,513.42 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no Annexations for the 2014/15 Fiscal Year. • • Street Lighting Maintenance District No.4—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P131 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 5 (Caryn Planned Community) P132 CITY OF RANCHO CUCAMONGA STREET LIGHTING 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P133 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P134 ENGINEER'S LETTER WHEREAS, on [Date] the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 5 (Caryn Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 44,150.00 Less Anticipated Delinquencies (780.00) Total Estimated Revenue $ 43,370.00 Plus Gas Tax Contribution 25,430.00 Total Expenditure Budget $ 68,800.00 Total District EBU Count 1,276.00 Actual Assessment per EBU $ 34.60 Maximum Allowable Assessment per EBU $ 34.60 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P135 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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 • tor of Engineering Services/City Engineer Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P136 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 Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P137 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, 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 meeting 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 the is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P138 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 1-210 Freeway, south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748, 13857 & 13858 west of Milliken 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. 5—City of Rancho Cucamonga 5 Fiscal Year 2014/15 ifisa-Btv1153� f — ' ` 139 A c c e - C- ) � N �••+ '1 lie — c L. ••1•: . :1;,11,1tia4wlo'coo Al t7, 0 Y e t a!,l am; C O ; , Ali' - __ p 41114t _ _ ",-.. ..t!,, i.,7,9„:41,,,,i_ ,, , k U00.114040 aim --- -.1.-001\4111 . --- ,... Fr.=i,L2-,ligut-4.gr - 9 •11/...-11,tr- i",,,vr.„ 0.R2.b,B 1!"..! - 1 w4110111 I:°°°-litr °'k i X Villi tit Ardo. '_::.._ IOW III 1' X111 �e�._ • �';r� "�-�r� 01� _i ■ 1 �-�� MILLIKEN AV - 1- �Ltt`.., iMMEmmEmP ,/L I����L m?mDI C IPOL o If* 4 - 16111 M' \itIll?tISII et isft c)i .47IIIN - ".....,,140„,-..... .... —. = ' 0 , ofitr---- itCA-7.174,•\ ni Ifiii fi) rZt -% z ' lig ,111rvek-1111AratC-14,tk. ...\. 1 Pit = = 1 arils -' III J,� •_. lit �� .a,___ cs, co man 4,1 \IIL. 4(„_,4s , a H 1110•1 o X11111111111111 1 - _• k)/uIII111111111nI ` ' • .-. iJ a• :irilk - _ _ mac-0 LI j4.111111 0 � ■��m. - t fi 1�;1' •r1�i < 4b1-- 1 ii ETT-72 �����E� a ri0 o �- I I "I _ __- _ ROGHESTTERAV �i -is� , Uf • • 0 I • • I • • • ..c., • f+. . �• • 61-1* • • ± cn 0 -1 co o - a m U1 W n CU C `� N 0 7(p tV N o j N d o Q E. Street Lighting Maintenance District No. 5-City of Rancho Cucamonga 6 Fiscal Year 2014/15 P140 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 2014/15 Budget Personnel Services Regular Payroll $ 4,140.00 Part-time Salaries 0.00 Fringe Benefits 1.950.00 Subtotal Personnel $ 6,090.00 Operations and Maintenance Training $ 180.00 Membership Dues 30.00 Operations and Maintenance 8,990.00 Equip Operations & Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 45,390.00 Assessment Administration 7,020.00 General Overhead 1,100.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 62,710.00 Capital Expenditures Capital Projects $ L00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 68,800.00 Total Estimated Assessment $ 44,150.00 Less Anticipated Delinquencies (780.00) Total Estimated Revenue $ 43,370.00 Plus Gas Tax Contribution 25,430.00 Net Revenues/Expenditures $ 68,800.00 Total Estimated Assessment $ 44,149.60 Total District EBU Count 1,276.00 Actual Assessment per EBU — Fiscal Year 2014/15 $ 34.60 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 34.60 Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P141 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 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, 2014 Reserve Fund Balance $ . 0.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (0.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 0.00 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Training: International Municipal Signal Association (ISMA) Certification. The cost 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 - Telephones: 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. Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P142 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. Street Lighting Maintenance District No. 5-City of Rancho Cucamonga 9 Fiscal Year 2014/15 P143 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P144 • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing 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, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed 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 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 Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P145 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel I 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 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $34.60 $34.60 1,276 1,276 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P146 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. • Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 13 Fiscal Year 2014/15 Y f i P147 �� �arf-7 :. ? tt x,.:••� III r a �t. t _ ✓ 01111141 v3 i r VP 1tal ID � ! fD rte„—•—. --t.__.. 13-ill!.7e}-t o0 0 a 3 .� m.$ t . p Grove Av f_.._••___.�.�� ..J Q�j F 'al{r`ri>itia i .a j c - i Carnelian St Vineya d Av I �~ A S cn Hellman Av...— , 1 Hellman Av f Archibald Av! 1 Archibald Av T ti I ; Hermosa Av! , J I 1 . �.-- � j Hermosa Av Haven Av/ -1 _ _ . - Haven Av j I i i Milliken Av _ _,_.._.._.._.•._.J Milliken Av co Rochester Av, `~ p,_ +------ -- ---- Rochester Av ID Day Creek Bi C 1 •i ` � 4 1 1 Etiwanda Av ! Etiwanda Av I S2 East Av L.._.._.._.._ __.M I D i ea o r �rA 1 r .t I I It � `:) o Cherry Av y ' i r ,l t 0 r- D ... 3 Peek �N . cn K rq,, m 01 w Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P148 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $34.60 1,276 1,276 $44,149.60 'Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Street Lighting Maintenance District No. 5—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P149 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 6 (Commercial/Industrial) P15O CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) 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 Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P151 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P152 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 6 (Commercial/Industrial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 131,610.00 Plus Anticipated Delinquencies 1,040.00 Total Estimated Revenue $ 132,650.00 Less Operating Reserve Contribution (15,070.00) Total Expenditure Budget $ 117,580.00 Total District EBU Count 2,560.47 Actual Assessment per EBU $ 51.40 Maximum Allowable Assessment per EBU $ 51.40 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P153 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: • a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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 Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P154 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 Street Lighting Maintenance District No. 6-City of Rancho Cucamonga 3 Fiscal Year 2014/15 P155 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, 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 meeting 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 the 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 2014/15 P156 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, 4th 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 5 Fiscal Year 2014/15 wE v145,1 ,01i 57 �6Ea B P5g8 BB.�� d8l^ana 7 :.. c e q l�P_6 2 a If l A?2 B E .=N oF�p4.�4�? y�1�1Q ?£ r n 8 9 n 1 f@ l i 8 g 8 6 lr!p gga� Z= 4 oe B sa .l a rl�0 ii s l�,g q Il p g g B qIl Re•lp 4 g4`p n_ -e''q $fi ii29 A 8 _ B - 1. 1 tt s'p 4 i Il' �� kll k os li..9d r ��awepgaealLae4Kr Y B qa Aal �d�ea$=gsgff s Ei760.f 4 » w �? ' 111 3 V V I O B;1 g 6 8r aikv n ' rte ■ s :,�I .B & fl H o a Y B 9 ��. ,-.�---:. � 1' _.l-i l,l 111 1 m I -10 is �`� __vil"' I *IV CARNELIQN.SS ,�O Ereltiz St jk , �� �r �1 11 , rgt n Av .,�' HELL•MAN AV��M1 _ `,� 11 IiPP J kl.lmarAv .a +$e at.ll rl �nlEEa2 T II1 Irly I I . a' . ,z. .a■11 ul� 1f 1 �. e Co 1eVl!MNdnfA l ARCHIBALD AV X51 012� .J�Z IJC� � 1�■ _ kip,,, (� � I +I. C` L�1.3I HERMOSA-AVj �' ■ Co' mi. 34114 I u i- n r. a �� lir ,11 •ls ° r 11115:01 It nix Meo6itW9 A � _ glii � . 311 0 � �� Q(. Istiv: f,tEN$s"1 .1.F.`�.+�■ !!r MILLI ;,. n 3 N r i�iill�kAen Av Z ..—..�. .4F . .. � KOMI a�I lls» � �n�C aW Realasetstek letili w ROCHESTERAV;( � �z l'i:+� 3 3 k15 51 —""inIlli ;s= rin oill 56baceb4v I1)0) e a)*''' '' ) O ..—.•■• ....—..-- v y i 11 DAYCREEK'BL 1 dmAL I 01 O ,1'L ■ r n' g• �LL % = �o I ^ay 0 err F 'In A T ' A 2AAVh1 ' JL ETIWANDA•AV ,Y �V ■1 .A MINIMA Z al � Z � r�Edii ldaAv ti)e , K Mum iiirin., or 0 li41161:41.. rdillil < ea V..,/61117, yTi. r 0 1 • , I 0 0, 0 (n CHERRYAV p m a) °o Cn co C -' .• o‘.. a ) .--z Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P158 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 2014/15 Budget Personnel Services Regular Payroll $ 13,170.00 Part-time Salaries 0.00 Fringe Benefits 6.190.00 Subtotal Personnel $ 19,360.00 Operations and Maintenance Training $ 180.00 Membership Dues 30.00 Operations and Maintenance 6,940.00 Equipment Operations & Maintenance 400.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 82,370.00 Assessment Administration 5,600.00 General Overhead 2,700.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 98,220.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 117,580.00 Total Estimated Assessment $ 131,610.00 Plus Anticipated Delinquencies 1,040.00 Total Estimated Revenue $ 132,650.00 Plus Operating Reserve Fund Contribution (15,070.00) Total Expenditure Budget $ 117,580.00 Total Estimated Assessment $ 131,608.16 Total District EBU Count 2,560.47 Actual Assessment per EBU — Fiscal Year 2014/15 $ 51.40 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 51.40 Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P159 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 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, 2014 Reserve Fund Balance $ 370,231.00 Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Operating Reserve Collection — Fiscal Year 2014/15 15,070.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 385,301.00 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 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 Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P16O 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. Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P161 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P162 • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification, 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 aspecific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District • However it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed 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 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 Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 11 Fiscal Year 2014/15 • P163 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 IProperty Type (County Use Code) EBU Value Multiplier Non Residential 1.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Non Residential $51.40 $51.40 2,560.47 2,560.47 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. 6—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P164 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 13 Fiscal Year 2014/15 $:1•,i_,- r-. P165 1111314H -7, 1111111111 W `l # ? o CO CD cn o. - a l f D g o ,' o-.r _ll1+1 s ? ;; ; Grove Av cn oo 0 cn ! a. Carnelian St Vineyard Av ag). � . to Hellman Av N Hellman Av Archibald Av Archibald Av Hermosa Av c Hermosa Av Haven Av Haven Av Milliken Av •IMIM.MO._.._.._.._. Milliken Av It «J 0 Rochester Av . Rochester Av � Day Creek B� �. i r 6.Z cam Etiwanda Av \ Etiwanda Av i II ! Pi. N East Av i -n i C1 D o I tii o 0 03— r CD iv cp la) o 01 1 �.� r a " \� Z `) Cherry Av I1�� n r CL 'il D 0 J r < y. a 1 r.. C) ol K hip if 0) N Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P166 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Non Residential $51.40 22,560.47 2,560.47 $131,608.16 TOTALS 2,560.47 2,560.47 $131,608.16 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Parcel Annexation Total Total Number Date Project Units/Acres EBUs Property Type 0229-192-09 & DRC2011- 18 2/6/2013 00255 1.81 1.81 Commercial/Industrial DRC2012- 0207-222-05 7/3/2013 00932 0.95 0.95 Commercial/Industrial 0209-151-27, 37 & 0209-161- 7/17/2013 PM18794 20.24 20.24 24 Commercial/Industrial 0209-411-33 7/17/2013 PM19397 20.60 20.60 Commercial/Industrial DRC2012- 0209-032-40 7/17/2013 00790 3.17 3.17 Commercial/Industrial DRC2013- 0209-021-05 9/4/2013 00053 9.25 9.25 Commercial/Industrial 0229-181-03 & DRC2012- 11 11/6/2013 01065 4.77 4.77 Commercial/Industrial Street Lighting Maintenance District No. 6—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P167 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 7 (North Etiwanda) P168 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P169 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District • Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P17O ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 121,520.00 Less Anticipated Delinquencies (2,360.00) Total Estimated Revenue _ $ 119,160.00 Plus Gas Tax Contribution _ 81 550.00 Total Expenditure Budget $ . 200,710.00 Total District EDU Count _ 3,647.00 Actual Assessment per EDU _ $ 33.32 Maximum Allowable Assessment per EDU $ 33.32 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P171 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel • from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. • talLeAirr • Mark A. Steuer, irector of Engineering Services/City Engineer Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P172 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 Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P173 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, 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 meeting 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 the 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 2014/15 P174 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 5 Fiscal Year 2014/15 P175 - ! i ,It." _;.j,. ix �_� liF;,,i i;: {. . D'AYCREEKBL aileldnitlEIHIP"' '‘-"Irririipt40. 1,0100•• Z 11.1,1111111.1 I MN'.- N ��� , • 10 , f r. O jE \-IR "risim*we. mirk 1...: 0 , Cn imh p op SI 1r,A' ETIINANDAAV ETIWANDAAV �r..� ETIWANDAAV rh iIH _ 1. thU c.(..) z z c) Nig il . s y EAST AV , co = p I Q.co NM _1 " _ MIME _ _�, �� ____ ■ / �D =.Cf^ gill cn = E ■ v P . O IL WARDMAN BULLOCK RD \1114 I k-..;% . 1)**.‘7"Pc's,41.21 1116 Sler i : r \\_ ti * t _ ..„. •. 1 • „:„ _11 431 _.7 _g 5. 4) , 1 .-1. :,•1 ,S USN 4 *TA i §111141111. V: )111 Ars L a 0 I 0 i CA O • \ I RRYAV �— - - I c_) U) —I U) ' -m 'i o11- m W o m n oo cQ (1:, $ 's = N co — x `? A `— Q (Q' b" C Ill I— /y6, O. in ORA iir !‘la ) 2".'Z Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P176 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 2014/15 Budget Personnel Services Regular Payroll $ 13,170.00 Part-time Salaries 0.00 Fringe Benefits 6.190.00 Subtotal Personnel $ 19,360.00 Operations and Maintenance Training $ 180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations & Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 152,950.00 Assessment Administration 20,060.00 General Overhead 3,190.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 181,350.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 200,710.00 Total Estimated Assessment $ 121,520.00 Less Anticipated Delinquencies (2,360.00) Total Estimated Revenue $ 119,160.00 Plus Gas Tax Contribution 81.550.00 Net Revenues/Expenditures $ 200,710.00 Total Estimated Assessment $ 120,518.04 Total District EDU Count 3,647.00 Actual Assessment per EDU — Fiscal Year 2014/15 $ 33.32 Maximum Allowable Assessment per EDU — Fiscal Year 2014/15 $ 33.32 Street Lighting Maintenance District No.7—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P177 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, 2014 Reserve Fund Balance $ 0.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 0.00 Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 0.00 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services Regular Salaries: This item includes the costs attributed to the salaries of all full-time employees dedicated to maintenance of the District improvements. Part Time Salaries: This item includes the costs attributed to the salaries of all part time employees dedicated to maintenance of the District improvements. Fringe Benefits: This item includes the benefits available to City employees: health care, vacation, sick time, and retirement fund. Operations and Maintenance Training: International Municipal Signal Association (ISMA) Certification. The cost 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 Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P178 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. • Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P179 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7(commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P180 • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification, 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 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 Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P181 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EDU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EDU Value Multiplier Single Family Residential 1.00 Parcel Multi-family Residential 0.50 Unit Non Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EDU Units/Acres EDUs per EDU Single Family Residential $33.32 $33.32 3,647.00 3,647.00 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 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. 7—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P182 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 13 Fiscal Year 2014/15 P183 I1IIII1!11II !1ii1Ii. 3 a co W I 71 03 0 a a c i# ' �i D 0 21-iiiii;10. .)............000,0„........----1,_ Uffltti1i! Gro ve Av 1 1 . 1 Carnelian St Vineyard Av rn A ?• s N Hellman Av r9 Hellman Av Archibald Ay! Archibald Av Hermosa Av• ! • I Hermosa Av I (! Haven Av! I i Haven Av i i i Milliken Av .___.._.j Milliken Av i r..% Rochester Av I Rochester Av "4 CD .ay C C I r ca. _ .......__,,,, Etiwanda Av i�� Etiwanda Av Z` _M East Av Dm W .._. . . . o — CD Ch ‘4 0 a Ii) i Cherry Av 1,11- ` cn M r-n CL 11 + O N f. C) - V Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P184 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EDU Units/Acres EDUs Assessment Single Family Residential $33.32 3,647.00 3,647.00 $121,518.04 Multi-family Residential 33.32 0.00 0.00 0.00 Non Residential 33.32 0.00 0.00 0.00 TOTALS 3,647.00 3,647.00 $121,518.04 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Annexation Total Total Parcel Number Date Project Units/Acres EBUs Property Type 0225-161-19, 32-34 6/19/2013 TR18744 30.00 30.00 Single Family Residential 0225-161-13 11/6/2013 TR18709 12.00 12.00 Single Family Residential Street Lighting Maintenance District No. 7—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P185 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Street Lighting Maintenance District No. 8 (South Etiwanda) P186 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 Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P187 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 6 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 23 District Budget Definitions of Budget Items Method of Assessment 26 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 30 Assessment Roll 32 Assessment Roll Annexations P188 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], 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 Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 70,250.00 Plus Interest Earned 18,520.00 Total Estimated Revenue $ 88,770.00 Plus Use of Operating Reserve Fund 2,440.00 Total Expenditure Budget $ 91,210.00 Total District EBU Count 2,295.78 • Actual Assessment per EBU $ 30.60 Maximum Allowable Assessment per EBU $ 30.60 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P189 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, Assessment Diagram herein have been prepared and computed iri accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. ere Mark A. Steuer, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P190 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 Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P191 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, 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 meeting 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 the is a majority protest, as described above, the City will not levy and collect any assessments. Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P192 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 1-15 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 5 Fiscal Year 2014/15 X1 '3 • • , y I t l ttttttt�.� •• Street Lighting Maintenance District No. 8 x`'';%1∎'1 . Street Lights and Traffic Signals Improvements____ _____________ lik ... 1 210 FW •.,--= 1210 WEST RAMM . • OE a D 112.10.a,■1y5$OU7HIRAM- !1 11.111.1 Win= non — NoarH RAMP 411111111111/ '' 0,„4,0,,,,,N, __ __ ___ iii 4 MIN a o• r, 4„,„A, i • is .. VONORONS ....ifs...* PAP,: • VICTORIA ST Or 0 j 111.1-: - . ' PIN 4 • • 4 • BASE LINE RD • f iiiizifri O �Q 11111 4 Q w P A ARBORS =ARK Z \V_ J , !'' - The maps,data and geographic information(Information') Y ^y available by and through the City of Rancho Cucamonga / a ; are presented as a public resource of general information. ...Z 4 The City of Rancho Cucamonga makes nor implies no warranty,representation or guarantee as to the content, sequence,accuracy completeness or timeliness of any Q Information provided to you herein.The user should not rely Ilk 5 U CHI/I upon the Information for any reason and is directed to CH S7- MI LL ER AV independently verify any and all Information presented herein. I. - - The City of Rancho Cucamonga explicitly andwithout limitation disclaims any and all representations and warrantees,including, \Ny but not limited to,the implied warranties of merchantability and ' fitness for a particular purpose.The City of Rancho Cucamonga shall neither accept nor assume any liability,regardless of the causation information for on any errors,omissions oi)a any action or ins ti l NW; any information provided and/or(ii)any action or inaction l . . occurring the to any persons reliance upon the Information available herein. O� ^ ' i 6 QMO A PARS \\l [`i_C a ,®A . SCE Streetlights P/ 4 I r � ' o Traffic Signal Lights al FOOTHILL BL ) SLD8 Boundary 0 0.225 0.45 0.9 Mile --------- City Boundary Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P194 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 2014/15 Budget Personnel Services Regular Payroll $ 11,780.00 Part-time Salaries 0.00 Fringe Benefits 5,540.00 Subtotal Personnel $ 17,320.00 Operations and Maintenance Training $ 180.00 Membership Dues 30.00 Operations and Maintenance 4,940.00 Equipment Operations & Maintenance 0.00 Contract Services 0.00 Utilities Telephone Utilities 0.00 Electric Utilities 55,750.00 Assessment Administration 10,030.00 General Overhead 2,960.00 Interfund Allocation 0.00 Subtotal Operations and Maintenance $ 73,890.00 Capital Expenditures Capital Proiects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 91,210.00 Total Estimated Assessment $ 70,250.00 Plus Interest Earned 18,520.00 Total Estimated Revenue $ 88,770.00 Plus Use of Operating Reserve Fund 2,440.00 Net Revenues/Expenditures $ 91,210.00 Total Estimated Assessment $ 70,250.87 Total District EBU Count 2,295.78 Actual Assessment per EBU — Fiscal Year 2014/15 $ 30.60 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 30.60 Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P195 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 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, 2014 Reserve Fund Balance $ 1,413,225.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (2,440.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 1,410,785.00 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 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 Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P196 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 Proiects: 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. Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P197 METHOD OF ASSESSMENT General Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) (of the Streets and Highways Code, State of California)." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the • various areas will receive different degrees of benefit from the improvement" (Sec. 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: Street Lighting Maintenance District No.8—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P198 • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification, 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 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 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 • Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 11. Fiscal Year 2014/15 P199 development status, type of development (land-use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi-family Residential 0.50 Unit Non Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBU5 per EBU Single Family Residential $193.75 $30.60 1,165.00 1,165.00 Multi-family Residential 193.75 30.60 1,057.00 1,057.00 Non Residential 193.75 30.60 31.89 63.78 Church 193.75 30.60 5.00 10.00 TOTAL 2,258.89 2,295.78 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. 8—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P200 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 13 Fiscal Year 2014/15 P201 :• ` of =z.. 4 Zq '..Y: • 1 1;1111$11 W N ➢, ; .101 .� a z r ti'i is m Co 77 i3t63.r > O 0) N Q 9 f O iQt�t� c co .-(f) 1 cp v1411�` IY Grove Av —••--•---•---�.�— —•—•--� g7pa�ti: �gii ..f i 1 i 1 i Carnelian St Vineyard Av i A � I N Hellman Av- 1 Hellman Av Archibald Av 1 Archibald Av I ! Hermosa Av! o i Hermosa Av i q i Haven Av I i Haven Av 1' i i i Milliken Av ._.._.._.._.._.J Milliken Av I i i Rochester Av El j Rochester Av li CD 1._ Day Creek B1 \ 1 i II i ri. i Etiwanda Av !_ _ Etiwanda Av i ? I Cil 9. East Av(_________ I > i W D i �. S co co o - - r I r 1' .) E CI Cherry Av n• Op Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P202 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $193.75 1,165.00 1,165.00 $225,718.75 Multi-family Residential 193.75 1,057.00 1,057.00 204,793.75 Non Residential 193.75 31.89 63.78 12,357.38 Church 193.75 5.00 10.00 1,937.50 TOTALS 2,258.89 2,295.78 $444,807.38 Actual Property Type Assessment Rate Total Total Actual (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $30.60 1,165.00 1,165.00 $35,649.00 Multi-family Residential 30.60 1,057.00 1,057.00 32,344.20 Non Residential 30.60 31.89 63.78 1,951.67 Church 30.60 5.00 10.00 306.00 TOTALS 2,258.89 2,295.78 $70,250.87 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 2014/15 Fiscal Year. Parcel Annexation Total Total Number Date Project Units/Acres EBUs Property Type 0227-012-24 1/16/2013 TR18826 8.00 8.00 Single Family Residential 1100-131-01 6/5/2013 TR18466 43.00 43.00 Single Family Residential Street Lighting Maintenance District No. 8—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P203 STAFF REPORT ADMINISTRATIVE SERVICES GROUP RANCHO CUCAMONGA Date: July 16, 2014 To: Mayor and Members of the City Council John R. Gillison, City Manager ��j From: Lori E. Sassoon, Deputy City Manager/Administrative Service v' By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORTS TO INITIATE 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 NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10 FOR FISCAL YEAR 2014/15 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. RECOMMENDATION: It is recommended that the City Council approve the Resolutions ordering the preparation of the Annual Engineer's Reports to initiate 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, insect/disease control, graffiti removal, hardscapes, entry signs, sound walls and all associated appurtenant facilities. The City utilizes prior year carryovers along with current year assessment revenues to meet the district's 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 18 years since there was an assessment increase in many of the LMDs, and as the Council is well aware, 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 2, • P2O4 CONSIDERATION OF APPROVAL..OF RESOLUTIONS ORDERING THE PREPARATION OF PAGE 2 THE ANNUAL ENGINEER'S REPORTS TO INITIATE PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS,PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORT'S, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1,2,3A,313,4-R,5,6-R,7,8,9 AND 10 FOR FISCAL YEAR 2014/15 AND SET TING THE TIME AND PLACE FOR A PUBLIC • HEARING THEREON. JULY 16,2014 4-R and 6-R, and updated assessments were approved by the property owners in those districts. LMD 8 held a Prop 218 election with a result of a Majority Protest. The City reduced services to meet the district budget requirements. Most recently, City staff has engaged the community with a public outreach program and phone survey to inform property owners about the status of their West-Side parks, landscaping and lighting districts and to determine their willingness to approve redistricting with new rate structures to meet the fiscal challenges of the districts. The goal of this process is to address persistent budget deficits in LMD 1, PD-85 and other West-Side districts. The results of the January 2014 phone survey revealed that property owners were generally pleased with the City's management of the districts and facilities, but were not ready to support the proposed West-Side district structure and its related assessments. With that information, the City Council approved a set of budget-balancing measures that are adequate in the near term to bring revenues and expenditures nearly into alignment. The measures include staff reductions, expanding the use of contract mowing services, reducing the maintenance of site amenities (lights, playgrounds, sand, etc.) to the most basic levels, and providing less direct support to sports groups using sports fields. It is anticipated that at the conclusion of the public outreach effort in January 2015, this matter will come back to the City Council to evaluate the results and determine the next steps for the district. 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 parks and parkways. The current assessment rate is $92.21 per single-family residence, and the multi- family is $46.11 per dwelling unit. As previously noted, this district's budget is newly balanced only as a result of significant reductions in services. In the near future, this district will require a rate increase in future years to maintain service at a level the community expects and is sustainable in the long term. LMD 1 is one of the West-Side parks proposed for restructuring to meet the fiscal challenges of the landscape districts. Landscape Maintenance District No. 2 assessments pay for the on-going maintenance of parkways, paseos and parks within the Victoria Neighborhood Park and Landscape Maintenance District (LMD 2). The rates for Fiscal Year 2014/15 will not increase. The assessment rate is $462.00 per single-family residence, the condominium rate is $340.00 per dwelling unit and the multi-family rate is $323.00 per dwelling unit. The commercial rate is $2,184.00 per acre, and the vacant rate is $92.00 per acre. Landscape Maintenance District No. 3A assessments pay for the on-going maintenance of parkways on Hyssop Drive. The current assessment rate is $413.74 per acre for commercial property. LMD 3A is one of the West-Side districts proposed for restructuring to meet the fiscal challenges of the landscape districts. P205 CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF PAGE 3 THE ANNUAL ENGINEER'S REPORTS TO INITIATE PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS,PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORTS, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS \VI"T'F IIN LANDSCAPE MAINTENANCE DISTRICT NO. 1,2,3A,3B,4-R,5,6-R,7,8,9 AND 10 FOR FISCAL YEAR 2014/15 AND SETTING THE TIME AND PLACE FOR A PUBLIC I-IEARING THEREON. JUI.N 16,2014 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. 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 assessment rate for Fiscal Year 2014/15 will increase to $391.40 per single-family residence. This is a rate increase of 3% as compared to the Fiscal Year 2013/14 rate of $380.00 per single-family residence. The revised condominium rate is $313.12 per dwelling unit and the multi-family rate is $273.98 per dwelling unit. The commercial rate is $1,272.05 per acre, and the vacant rate is $97.85 per acre. 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 $56.65 per single-family residence. LMD 5 is one of the West-Side districts proposed for restructuring. 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 2014/15 will increase to $389.96 per single-family residence in Zone 1 and to $292.47 per single family residence in Zone 2. This is a rate increase of 2.1% as compared to the Fiscal Year 2013/14 rate of $381.96 per single-family residence in Zone 1 and $286.47 per single-family residence in Zone 2. 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 and Garcia Park in South Etiwanda. The current assessment rate is $80.00 per single- family residence. Landscape Maintenance District No. 10 assessments pay for the on-going maintenance of parkways, trails and parks in the District. The assessment rate for Fiscal Year 2014/15 will increase to $647.01 per single-family residence and $1,294.02 per acre for commercial property. This is a rate increase of 5% as compared to the Fiscal Year 2013/14 rate of $616.20 per single-family • residence. Attachments Resolutions Engineer's Reports P206 RESOLUTION NO. 14-118 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. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2014/15 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 No. 1, 2, 3A, 3B, 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, 2014, and ending June 30, 2015 ("Fiscal Year 2014/15"). 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 2014/15. 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. P207 PASSED, APPROVED AND ADOPTED this day of July, 2014. • 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk • P208 RESOLUTION NO. 14-119 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 NO. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2014/15 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 2014/2015 (each, an "Annual Engineer's Report") in certain maintenance assessment districts known and designated as Landscape Maintenance District No. 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 2014/15; C. A diagram for such District, showing the area and properties proposed to be assessed; and • P209 D. An annual assessment for Fiscal Year 2014/15 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, 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P210 RESOLUTION NO. 14-120 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 2014/2015 IN LANDSCAPE MAINTENANCE DISTRICT NO. 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 No. 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 2014/15, 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 2014/15 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 2014/15 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 2014/2015 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 P211 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 2014/2015 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 6th day of August, 2014 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 P212 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 91730 (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 July, 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P213 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, Hermosa Park, Lions Park, and Don TiburcioTapia Park (undeveloped). Victoria Neighborhood Parks and Landscape Maintenance District No. 2 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Entry Monuments Parks: (Parks within LMD No. 2 include: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park and Windrows 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 Metrolink Landscape Maintenance District No. 4-R Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Parks (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 P214 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: Garcia Park) Landscape Maintenance District No. 10 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Community Trails Parks (Parks within LMD No. 10 include: Day Creek Park) A - 2 P215 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 1 (General City) P216 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 Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager • Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P217 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 21 District Budget Definitions of Budget Items Method of Assessment 24 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 28 Assessment Roll 30 Assessment Roll Annexations P218 ENGINEER'S LETTER WHEREAS, on [DATE] the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 1,197,850.00 Plus Anticipated Delinquencies 14,850.00 Total Estimated Revenue $ 1,212,700.00 Less Operating Reserve Fund Contribution (5,730.00) Total Expenditure Budget $ 1,206,970.00 • Total District EBU Count 12,990.46 Actual Assessment per EBU $ 92.21 Maximum Allowable Assessment per EBU $ 92.21 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 1—City of Rancho Cucamonga 1 Fiscal Year 2014/15 • P219 • 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. (---- ar A. Steuer, Director of Engineering Services/City Engineer • Landscape Maintenance District No. 1—City of Rancho Cucamonga 2 Fiscal Year 2014/15 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 upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P221 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, 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 meeting 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 the 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 2014/15 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 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 maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, Lions Park, and the undeveloped Don Tiburcio Tapia 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga - 5 Fiscal Year 2014/15 P223 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 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 feet 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. Landscape Maintenance District No. 1—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P224 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. 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 of La Colina from Archibald to Jadeite. Ground Cover area: 17,120 square feet A-21 The planter adjacent to the equestrian trail from Riverwood to Raspberry north of the • County flood retention basin that is west of Chaffey College. Ground Cover area: 22,832 square feet A-22 The west side of Haven from Carrari to Vista Grove. Ground Cover area: 4,572 square feet Landscape Maintenance District No. 1—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P225 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-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. Ground Cover area: 12,132 square feet A-31 The south side of Lemon from London to Calle Hermosa. • Landscape Maintenance District No.1—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P226 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 Dr. from Mayberry to Revere. Ground Cover area: 2,772 square feet 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P227 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 Banyan. Ground Cover area: 4,735 square feet 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 Northstar 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P228 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, and the north and south side of Amber from Haven to San Felipe. 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 Charwood 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 west side 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 A-55 The north side of 19th from Cartilla to Mayberry. The east side of Mayberry from 19th 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 11 5 feet 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 south of Lemon. Landscape Maintenance District No. 1—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P229 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 London to Archibald. 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 La Gloria to 328 feet north of La Gloria. Ground Cover area: 2,279 square feet Hardscape area: 2,411 square feet A-66 The east side of Hermosa from Waterford to 500 feet north of Waterford. Ground Cover area: 4,695 square feet Hardscape area: 5,947 square feet A-67 The south side of 19th from 220 feet east of Sapphire to Via Serena. Ground Cover area: 3,208 square feet 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P230 Hardscape area: 1,605 square feet A-70 The south side of 19th from 365 feet west of Amethyst to Amethyst. The west side of Amethyst from 19th 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. 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 St from 300 feet north of San Simeon Dr to 130 feet north of San Simeon Dr. Ground Cover area: 1,200 square feet Hardscape area: 600 square feet A-74 The south side of Highland Ave from Beryl St to Hellman Ave. Ground Cover area: 11,603 square feet A-75 The south side of Highland Ave from Amethyst 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 Archibald 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 are: 5,100 square feet Landscape Maintenance District No. 1—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P231 B-2 The north side of Highland from the Deer Creek Channel to San Benito. The north side of 19th from San Benito to Palm. The west and east side of Alameda from 19th to Ring. The east side of Palm from 19th to Ring. Ground Cover area: 47,397 square feet Hardscape area: 26,285 square feet B-3 The paseo from Sutter Ct to Deer Creek Channel. Ground Cover area: 294 square feet Hardscape area: 400 square feet B-4 The north side of Banyan 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 Terracina. Ground Cover area: 14,472 square feet Hardscape area: 3,894 square feet B-6 The north side of Lemon 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 14 Fiscal Year 2014/15 • P232 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 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 Landscape Maintenance District No.1—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P233 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 of Lemon from 188 feet west of Terracina to 526 feet south of Terracina. The north side 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 B-24 The south side of Highland from 327 feet west of 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. 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P234 Hardscape area: 5,532 square feet C-2 The entry monument on the northeast and northwest corners of 4th and Archibald. Ground Cover area: 6,337 square feet Hardscape area: . 3,998 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 17 Fiscal Year 2014/15 P235 Hardscape area: 3,600 square feet C-12 The parkway on the east side of Hellman from Tryon to 665 feet north of Tryon. Ground Cover area: 8,280 square feet 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 feet 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 • Turf 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 Base Line from Rochester to 600 feet east of Rochester. Ground Cover area: 2,180 square feet Hardscape area: 4,121 square feet Landscape Maintenance District No. 1—City of Rancho Cucamonga 18 Fiscal Year 2014/15 P236 • 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. Ground Cover area: 2,207 square feet H-10 The Haven median from entrance of Haven Village to Amber Lane. Ground Cover area: 6,968 square feet Converted 5,131 sq ft of turf to ground cover effective 4/1/13. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund. 3/25/13 H-11 The Haven median from Amber Lane to Olive Street. Ground Cover area: 5,026 square feet Converted 3,475 sq ft of turf to ground cover effective 4/1/13. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund. 3/25/13 H-12 The Haven median from Olive Street to 712 feet north of Wilson. . Ground Cover area: 6,734 square feet Converted 3,933 sq ft of turf to ground cover effective 4/1/13. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund. 3/25/13 H-13 The Haven median from 19th St 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 turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City's Park Maintenance Crews. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 1—City of Rancho Cucamonga 19 Fiscal Year 2014/15 P237 ? 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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 2014/15 Budget Personnel Services Regular Payroll $ 56,980.00 Part-time Salaries 00.00 Fringe Benefits 26.540.00 Subtotal Personnel $ 83,520.00 Operations and Maintenance Operations and Maintenance $ 56,220.00 O & M Facilities 6,500.00 Vehicle Operations and Maintenance 2,000.00 Emergency Equipment&Vehicle Rental 800.00 Equipment Operations and Maintenance 3,800.00 Depreciation of Computer Equipment 0.00 Contract Services 455,570.00 Contract Services/Facilities 5,000.00 Tree Maintenance 50,000.00 Utilities Telephone Utilities 2,550.00 Water Utilities 332,640.00 Electric Utilities 68,630.00 Assessment Administration 65,870.00 General Overhead 73.870.00 Subtotal Operations and Maintenance $ 1,123,450.00 Capital Expenditures Capital Outlay— Equipment $ 00.00 Capital Outlay—Vehicles 0.00 Subtotal Capital Expenditures $ 00.00 Total Expenditure Budget $ 1,206,970.00 Total Estimated Assessment $ 1,197,850.00 Plus Anticipated Delinquencies 14.850.00 Total Estimated Revenue $ 1,212,700.00 Less Operating Reserve Fund Contribution (5,730.00) Total Expenditure Budget $ 1,206,970.00 Total Estimated Assessment $ 1,197,850.32 Total District EBU Count 12,990.46 Actual Assessment per EBU —Fiscal Year 2014/15 $ 92.21 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 92.21 Landscape Maintenance District No. 1—City of Rancho Cucamonga 21 Fiscal Year 2014/15 P239 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, 2014 Reserve Fund $ 350,875.00 Balance Use of Operating Reserve Fund — Fiscal Year 2014/15 0.00 Operating Reserve Contribution — Fiscal Year 2014/15 5.730.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund $ 356,605.00 Balance 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Landscape Maintenance District No. 1—City of Rancho Cucamonga 22 Fiscal Year 2014/15 P240 Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures Capital Projects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. 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 23 Fiscal Year 2014/15 P241 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 1—City of Rancho Cucamonga 24 • Fiscal Year 2014/15 P242 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within • the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements 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. Landscape Maintenance District No. 1—City of Rancho Cucamonga 25 Fiscal Year 2014/15 P243 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. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Benefit Unit Multi-Family Residential 0.50 Benefit 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 2014/15 maximum allowable assessment rates for the District: Property Type (County Use Maximum Allowable Actual Total Total Code) Assessment Rate Assessment Units/Acres EBUs per EBU Rate per EBU Single Family Residential $92.21 $92.21 7,882.00 7,882.00 Multi-Family Residential 92.21 92.21 10,189.00 5,094.50 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 Landscape Maintenance District No. 1—City of Rancho Cucamonga 26 Fiscal Year 2014/15 P244 District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. • Landscape Maintenance District No. 1—City of Rancho Cucamonga 27 Fiscal Year 2014/15 iliii!.}:i_, P245 fi{ ' eii Viz,.�o. ;�{itt.fIii! _ ' i;;,,co Ili! i m N D m m ' a ! {tt1t {. g (,..jl I'll!' 1' g ¢ rI;ii If/ Grove Av m m' g41114.1't a Carnelian St Vineyard Av Q St Hellman Av Q Hellman Av Archibald Av Archibald Av Hermosa Av �_tl • Hermosa Av Haven Av Haven Av Milliken Av �._„�.._.._.,_.,� Milliken Av 1 Rochester Av I Rochester Av Day Creek BIB r Ehwanda Av Etiwanda Av� Q East Av n D -n Q� � $' 1 cD � co— r- '1, I ar, - - N Cherry Av ',i , , ..... cy, �.J a fnr1 +D j r C� 1.11 I ' o 0 M ‘. -". M M v p rf). U K C) N Landscape Maintenance District No. 1—City of Rancho Cucamonga 28 Fiscal Year 2014/15 P246 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Maximum Property Type Allowable Total Total Allowable (County Use Code) Assessment Rate Units/Acres EBUs Assessment per EBU Single Family $92.21 7,882.00 7,882.00 $726,799.22 Residential Multi-Family 92.21 10,189.00 5,084.50 469,763.85 Residential Non-Residential 92.21 6.98 13.96 1,287.25 TOTALS 18,077.98 12,990.46 $1,197,850.32 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year: Parcel Annexation Total Total Number Date Project Units/Acres EBUs Property Type DRC2013- Single Family 1062-211-06 11/6/2013 00427 1.00 1.00 Residential Landscape Maintenance District No. 1—City of Rancho Cucamonga 29 Fiscal Year 2014/15 P247 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) P248 CITY OF RANCHO CUCAMONGA Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2740 Fax: 909.477.2755 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P249 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 6 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 23 District Budget Definitions of Budget Items Method of Assessment 26 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 30 Assessment Roil 32 Assessment Roll Annexations P250 ENGINEER'S LETTER WHEREAS, on [DATE] the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) (hereafter, referred to as the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 3,181,670.00 Less Anticipated Delinquencies (9,240.00) Total Estimated Revenue $ 3,172,430.00 Plus Contribution from General Fund for General Benefit 301,440.00 Plus Use of Operating Reserve Fund 241,870.00 Total Expenditure Budget $ 3,715,740.00 Total District EBU Count 75,7.54.14 Actual Assessment per EBU $ 42.00 Maximum Allowable Assessment per EBU $ 42.21 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 1 P251 parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. ark A. Steuer, Director of Engineering Services/City Engineer Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 2 P252 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 3 P253 • INTRODUCTION Background of District The District was formed in 1982 to finance the maintenance and servicing of various landscaping improvements located within the boundaries of the District. At formation, the District consisted of 737 residential parcels and 1,280 acres of vacant land. Subsequently, the boundaries of the District were expanded through annexation until it reached its present day size/configuration. The last time assessment rates within the District were increased was in 1993, prior to the implementation of Proposition 218 Ballot Imitative on June 05, 2013 . Reason for Assessment Approval of the proposed increase in assessments covered by this Engineer's Report will generate the revenue necessary to: A. Provide for the continued maintenance and servicing of the improvements. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; and the removal of trimmings, rubbish, debris, and other solid waste. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include materials, vehicles, equipment, capital improvements and costs associated with the annual administration and operation of the District. B. Provide the means to pay for the increased cost of maintenance and servicing for all services currently provided. Currently, the assessment revenues generated based upon the existing assessments are not sufficient to pay for the costs of maintenance, labor, materials and supplies, electricity, water and other items necessary for the satisfactory operation of the improvements. Without increased assessments it will be necessary to further reduce the level of maintenance and servicing of the improvements provided, thus jeopardizing the appearance of the improvements. C. Add an annual cost of living inflator. Currently, the District does not have an annual cost of living inflator included in the method of assessment. The establishment of an annual escalation clause for inflation is necessary in order to help ensure that the District can continue the level of maintenance and servicing of the improvements in future years as costs increase due to inflation or due to the increased cost of utilities beyond the City's control. • Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 4 P254 Process for Proposed Assessment Increase The City cannot increase assessments within the District without complying with the procedures specified in Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 et seq.). In November 1996, the voters in the State of California 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 or increase and provide a date, time and location 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 support of, or in opposition to, the proposed assessment or increase. 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. 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. After the public hearing, the returned assessment ballots received prior to the close of the public hearing are tabulated 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 enact or increase 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 increase in assessments for the District. If there is a majority protest, as described above, the City will continue to levy the existing District assessments. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 5 P255 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 1-210 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 located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and 6 neighborhood parks that are of direct and special benefit to the parcels within the District. These improvements are located within the public rights-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris/graffiti, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the parks and irrigation systems, includes but is not limited to, the upkeep, repair, removal or replacement of all or any part of the improvement or facility; grading and replacement of trail surfacing; trail fence repair and replacement; and irrigation systems control, adjustment, repair and replacement. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include materials, vehicles, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park Site # Descriptive Location 2-1 The west side of Arbor 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 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 6 P256 from Freestone Court to Duck Creek Place. Ground Cover area: 93,639 square feet Hardscape area: 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. Ground Cover area: 24,018 square feet Hardscape area: 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 area: 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 area: 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 area: 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 area: 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 area: 13,730 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 7 P257 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 area: 28,473 square feet 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 area: 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 area: 3,474 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 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 area: 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 Turf area: 2,637 square feet Hardscape area: 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 Turf area: 10,242 square feet Hardscape area: 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 area: 5,467 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 8 P258 VW-6 The paseo running north from 12732 Farrington to the Southern Pacific Railroad. Ground Cover area: 285 square feet Hardscape area: 679 square feet VW-7 The paseo running north from 12840 Farrington to the Southern Pacific Railroad. Ground Cover area: 266 square feet Hardscape area: 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 area: 6,150 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 area: 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 Turf area: 37,350 square feet Hardscape area: 11,400 square feet VW-11 The east side parkway on South Victoria Windrows Loop from Silktassel to Victoria Park Lane. The parkway on the south side of Victoria Park Lane from the intersection of South Victoria Windrows Loop and North Victoria Windrows Loop to Dahlia Ct. The Victoria Park Lane median from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. 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 area: 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 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 9 P259 Turf area: 38,842 square feet Hardscape area: 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 area: 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 area: 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 area: 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 area: 19,203 square feet VW-17 This site was modified and added to VW-16, 1-5-99. VW-18 The south side of Highland from 12583 Highland to Rockrose. Ground Cover area: 2,800 square feet Turf area: 8,515 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 10 P260 Hardscape area: 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 area: 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 area: 9,132 square feet VW-21 The east side of North Victoria Windrows Loop from Rosemary Ct. to the trail south of Kalmia St. The trail and paseo from North Victoria Windrows Loop south of Kalmia St. to Etiwanda Ave. and north to the Fire Station. The south side of Basil St. from North Victoria Windrows Loop to Santolina PI. Ground Cover area: 49,187 square feet Turf area: 57,532 square feet • Hardscape area: 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 Turf area: 19,953 square feet Hardscape area: 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 Turf area: 3,452 square feet Hardscape area: 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 Hardscape area: 4,730 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 11 P261 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 area: 12,799 square feet VW-26 The paseo from Grape to 630 feet west of Grape. Ground Cover area: 7,021 square feet Hardscape area: 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 area: 17,233 square feet 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 turf 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 area: 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 turf and ground cover on the south side of Victoria Park Lane west of Milliken from Fairmont to Milliken. The parkway on the west side of Milliken from Victoria Park Lane to Fairmont. The Milliken median from Fairmont to Victoria Park Lane. The turf on the north side of Victoria Park Lane from 273 feet west of Milliken to Milliken. The ground cover on the north side of Victoria Park Lane south of the horse trail from 468 feet west of Milliken to Milliken. Ground Cover area: 29,395 square feet Turf area: 73,608 square feet Hardscape area: 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 Pl. and the turf south of the sidewalk on the north side of Fairmont from Armstrong Pl. continuing on that curb line to York Pl. The ground cover on the west side of York Pl. 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 Pl. The turf and ground cover on the east and west sides of Biola PI. Ground Cover area: 57,189 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 12 P262 Turf area: 38,343 square feet Hardscape area: 26,848 square feet VG-4 The turf and ground cover on the south side of Fairmont 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 area: 12,278 square feet VG-5 The paseo from Biola to Amarillo to Delaware at York. Ground Cover area: 12,448 square feet Turf area: 44,896 square feet Hardscape area: 7,992 square feet VG-6 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 area: 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 area: 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 area: 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 CL 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 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 13 P263 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 area: 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 turf and ground cover on the west side of Capitol from Brown to Bethany. The paseo from Capitol and Brown to Kenyon. Ground cover area: 34,241 square feet Turf area: 11,031 square feet Hardscape area: 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 area: 25,524 square feet VG-12 The turf 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 over 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 turf on the east side of Milliken from the Southern Pacific Railroad to 730 feet south of Victoria Park Lane. The ground cover on the east side of Milliken from the Southern Pacific Railroad to 766 feet south of Victoria Park Lane. Ground Cover area: 53,068 square feet Turf area: 36,431 square feet Hardscape area: 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 area: 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 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 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 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 14 P264 Hardscape area: 44,826 square feet 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: 58,588 square feet Turf area: 57,306 square feet Hardscape area: 36,014 square feet VG-16 The paseo from Baseline to Ellena West with entrances to Amelia and Payola. Ground Cover area: 9,661 square feet Turf area: 11,529 square feet Hardscape area: 5,804 square feet VG-17 The paseo from Fairmont 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 area: 16,394 square feet VG-18 The paseo from Rapallo to Gandino and south to the Southern Pacific Railroad. Ground Cover area: 4,281 square feet Hardscape area: 1,308 square feet VG-19 The paseo from Tolentino to Pizolli and to Tolentino. Ground Cover area: 12,555 square feet Turf area: 17,856 square feet Hardscape area: 7,380 square feet VG-20 The turf on the east side of Milliken from 730 feet south of Victoria Park Lane to Victoria Park Lane. The ground cover on the east side of Milliken from 766 feet south of Victoria Park Lane to Victoria Park Lane. The turf and ground cover on the south side of Victoria Park Lane from the southeast corner at Milliken heading east to Fairmont. The 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 area: 22,177 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 15 P265 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 turf 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 area: 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 area: 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 turf 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 area: 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: 8,477 square feet Turf area: 5,320 square feet Hardscape area: 5,622 square feet 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. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 16 • P266 Ground Cover area: 40,800 square feet Turf area: 24,134 square feet Hardscape area: 14,353 square feet VG-26 The paseo from Brindisi Ct. to Messina. 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 area: 3,615square 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 area: 4,222 square feet VG-28 The east side of Rochester from Victoria Park Lane to Highland. Ground Cover area: 60,902 square feet Hardscape area: 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 area: 5,736 square feet 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 area: 4,860 square feet VG-31 The east side of Brienza from Larina to Letini. The west side of Tindari from Letini to Larina. 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 area: 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 area: 8,292 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 17 P267 VG-33 The paseo at the north end of Sapri to the Southern Pacific Railroad. Ground Cover area: 894 square feet Hardscape area: 318 square feet VG-34 The paseo at the north end of Bronte to the Southern Pacific Railroad. Ground Cover area: 894 square feet Hardscape area: 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 area: 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 Turf area: 10,500 square feet Hardscape area: 8,004 square feet VG-37 The paseo at the end of Ardmoor Ct. to the Southern Pacific Railroad. Ground Cover area: 1,350 square feet Hardscape area: 950 square feet VG-38 The east side of Milliken 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 Kenyon from Milliken to Kenyon Park. Ground Cover area: 28,051 square feet Turf area: 4,533 square feet Hardscape area: 12,879 square feet VG-39 The north side of Victoria Park 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 area: 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 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 18 P268 Hardscape area: 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 area: 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 area: 15,445 square feet VG-43 The north side of Victoria Park Lane and the median from Day Creek Blvd. to Day Creek Channel. The east and west side of Kensington PI. from Victoria Park Lane to Stratford Dr. Ground Cover are: 70,669 square feet Turf area: 7,888 square feet Hardscape area: 18,426 square feet VG-44 The west side of Day Creek Blvd. from 572 feet north of Silverberry to Day Creek Blvd. The south side of Silverberry from Kensington to Day Creek Blvd. Ground Cover area: 36,835 square feet Hardscape area: 24,376 square feet VG-45 The west side of Milliken and the Milliken median from the 210 freeway to Kenyon. Ground Cover area: 10,658 square feet Turf area: 610 square feet Hardscape area: 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 area: 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 area: 7,926 square feet VG-48 The east side of Day Creek Blvd. and median from Baseline to Victoria Park Lane. The south side of Victoria Park Lane from Day Creek Blvd. to 390 feet east of Day Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 19 P269 Creek Blvd. Ground Cover area: 50,318 square feet Turf area: 3,234 square feet Hardscape area: 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 area: 32,296 square feet VG-50 The west side of San Carmela from 389 feet north of Baseline to Baseline. The north side of Baseline from Carmela to 264 feet west of Durness. Ground Cover area: 18,043 square feet Hardscape area: 12,383 square feet VG-51 The Paseo south of Saxon to Southern Pacific Railroad. Ground Cover area: 1,398 square feet Hardscape area: 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 area: 3,325 square feet VG-53 The south side of Victoria Park Lane from 296 feet west of Kensington to Milliken. The west side of Day Creek Blvd. from Victoria Park Lane to 397 feet south of Sugar Gum. Ground Cover area: 28,532 square feet Turf area: 11,070 square feet Hardscape are: 7,720 square feet VG-54 The east side of Rochester from Shenandoah to the Southern Pacific Railroad. Ground Cover area: 6,864 square feet Hardscape area: 5,136 square feet VG-55 The paseo north of Westhaven to the Southern Pacific Railroad. Ground Cover area: 1,775 square feet Hardscape area: 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: 5,274 square feet Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 20 P270 Hardscape area: 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 area: 17,405 square feet Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City's Park Maintenance Crews. Map of Improvements The following page shows the approximate location (for reference only— may not include all) of landscaping improvements, including irrigation sites, and parks and community trails to be maintained by the District. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 21 P71 rn 1 '� o ft a_..✓,,, II E7 � ►ors np r, IuI• O 0. ;,!.. , �r& •III IIII/h1.- �•"a 11 I '. i Z AO> --- 13 T d• -u •U r) C r — IIj. .. I :.. j 1. Ins qnm nn! ,.:� 0 C% — G "� h "� HMI.g111 12 C m .. a y m 7 r, 3 ., ? ;r�h4 q,,r ..y 14V*4.0Kn1„E-= 7,-,l/ r - r, o N 1.t .iusnn 71 r In 11) In co g x 5 -I 10 c lD '40� ill l m d r I D. a - O _,„ � � I� < 6'1- O < O 1 D a ,�' . c i co < G I s Yg3o5t . 000tf 4 O g l ' y � � ° A O veCgo0�_ .;2Rv T1 c) .' 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UI MIT: J O O L x z3 C IN u .nq S VIII X. -C le �1.�.71r N U7 IN Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 22 P272 ESTIMATE OF COSTS The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the 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 2014/15 Budget Personnel Services Regular Payroll $ 582,580.00 Overtime Salaries 1,090.00 Part-time Salaries 80,320.00 Fringe Benefits 283,800.00 Subtotal Personnel $ 947,790.00 Operations and Maintenance Operations and Maintenance $ 67,150.00 O&M/Facilities 0.00 Vehicle Operations and Maintenance . 5,000.00 Emergency Equipment and Vehicle Rental 0.00 Contract Services 1,158,680.00 Contract Services/Facilities 0.00 Tree Maintenance 128,000.00 Utilities Telephone Utilities 1,250.00 Water Utilities 998,160.00 Electric Utilities 90,880.00 Assessment Administration 34,870.00 Admin/General Overhead 213,000.00 Interfund Allocation 70,960.00 Subtotal Operations and Maintenance $ 2,767,950.00 Capital Expenditures Capital Outlay—Vehicles $ 0.00 Transfer Out-Reserves 0.00 Subtotal Capital Expenditures $ 0.00 Total Expenditure Budget $ 3,715,740.00 Total Estimated Assessment $ 3,181,670.00 Plus Contribution from General Fund for General Benefit 301,440.00 Plus Use of Operating Reserve Fund 241,870.00 Total Estimated Revenue $ 3,724,980.00 Less Anticipated Delinquencies (9,240.00) Total Expenditure Budget $ 3,715,740.00 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 23 P273 Total Estimated Assessment $ 3,181,673.88 Total District EBU Count 75,754.14 Actual Assessment per EBU — Fiscal Year 2014/15 $ 42.00 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 42.21 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 Benefit Unit ("BU") will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be the same or lower than the maximum allowable assessment; however, it may not exceed the maximum after the application of the cost of living inflator, as defined in this report, unless the excess increase is approved by the property owners in accordance with Assessment Law. 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, 2014 Reserve Fund $ 1,963,621.00 Balance Operating Reserve Contribution — Fiscal Year 2014/15 (241,870.00) Operating Reserve Collection — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund $ 1,721,751.00 Balance Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget for the maintenance and servicing of the improvements: Personnel Services 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 24 P274 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 Capital Protects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Operating Reserve Collection Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in 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. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 25 P275 METHOD OF ASSESSMENT Introduction Pursuant to the 1972 Act, Article XIIID of the California Constitution, and the Proposition 218 Omnibus Implementation Act, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Article 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. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of- ways, public greenbelts and public parkways. Furthermore, Proposition 218 requires the City to separate general benefits from special benefits, whereas only special benefits may be assessed. As further detailed in the following sections, the Method of Assessment uses the following components to assign special benefit to each parcel: • Benefit Points: Assignment of points for aesthetic, safety and economic special benefits. • Benefit Factor: Multiplier. For residential parcels the benefit factor is units, and for non- residential parcels the benefit factor is lot size (acreage). Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 26 P276 • Benefit Units: Sum of a parcel's benefit points multiplied by the parcel's benefit factor. The total amount is the special benefit units assigned to a parcel. Apportioning of Special Benefit As previously outlined, each of the parcels within the District receives a special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements and services provided is identified and the proportionate special benefits derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. The total costs of maintenance and operation, less the amount of general benefits identified, will be assessed to the parcels within the District based on the estimated benefit units assigned to each parcel. To assess special benefits appropriately, it is necessary to relate parcels of different land uses and development status to each other. The benefit unit method of apportionment uses the single family home as the basic unit of assessment since there is a total of 5,843 single family parcels within the District which represents 90.96% of the total assessable parcels within the District. The following shows how each parcel's benefit units have been determined. Aesthetic Benefit Points Aesthetic Benefit Points are assigned based upon the property's proximity to the improvements as well as the property's existing land use. All Single Family Residential parcels are located within the same proximity to the collective improvements (sidewalks, community trails, street landscaping and one-half mile from one of the parks). Each Single Family Residential parcel is fronted by sidewalk improvements, is within a one-half mile from one of the neighborhood parks, and uses the roads with street landscaping to enter and exit the Victoria Planned Community. In addition, the community trails are located throughout the District and serve as connectors between the different neighborhoods, school and shopping locations. All properties are within similar proximity to the trail improvements. Many trails are located along the sidewalks and streets, and all properties within the District have access to the trails through the various access points located throughout the entire District. The Single Family Residential parcels within the District are relatively similar in both building size and lot size. Since the improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 4.00 aesthetic benefit points, one for each of the improvement types. Multi Family and Condominium parcels are within close proximity to the sidewalks, and receive the benefit of having maintained sidewalks for users to travel and access the property. Although these parcels benefit from the aesthetics of the sidewalks they do not receive the same benefit as Single Family Residential parcels, since Multi Family and Condominium parcels do not have continuous sidewalk improvements along the frontage of each parcel/unit. Multi Family and Condominium parcels are within a one-half mile of the neighborhood parks, use the roads with street landscaping to enter and exit their housing complexes within the District, and are in close proximity to the trail improvements. Accounting for the lower average household size of Multi Family and Condominium parcels, and not having continuous sidewalk improvements directly fronting their property/unit, these properties have a reduced level of benefit from the improvements. Multi Family and Condominium parcels are assigned 2.80 benefit points. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 27 P277 Maintained sidewalks and street landscaping create an aesthetically pleasing environment for both employees and patrons of commercial properties. The overall aesthetics, interest and desirability of commercial properties within the District increase, as a result of the maintenance and servicing of the collective improvements. Based on the City's Land Use Plan and residential designations of homes within the District, there is an average of six Single Family Residential properties per acre within the District (General Plan, 2010). However, given the nature of their property use type, Commercial properties do not receive the same level of benefit from the trail and park improvements in relationship to residential land uses. Commercial properties are assigned 16.00 benefit points. A handful of parcels within the District are used to provide public services (such as fire stations, schools, churches and other similar uses) to the surrounding community, and are located based upon their proximity to the parcels they serve. These parcels benefit from the collective improvements in place, but at a reduced level compared to a Single Family Residential parcel, due to the nature of the improvements and their land use. In addition, these public service parcels are in place for the surrounding community, and the existence of well-maintained parks, street landscaping and community trails is not a significant factor in the decision to locate those facilities. Given the nature of their property use types, these public service parcels are assigned a 1.00 benefit points in recognition of the limited benefit they receive from the improvements maintained by the District. Undeveloped parcels within the District receive an aesthetic benefit from the maintenance of the collective improvements, but given the very limited activity and pedestrian access that these properties provide, properties within this land use category receive a reduced level of benefit. To account for this reduced benefit, all undeveloped properties are assigned 0.40 benefit points. Common area, roads and easements are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive benefit from the increased aesthetics. Utility parcels are located based on their proximity to the parcels they serve, and based upon their property usage (wireless towers, flood control basins and fire trail/access roads) do not benefit from the increased aesthetics. The following shows the aesthetic benefit points assigned to the parcel land use categories within the District: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi-Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels—Church/Fire 1.00 Station/School Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Safety Benefit Points Safety Benefit Points are assigned based upon the property's proximity to the improvements as well as the property's existing land use. The Single Family Residential parcels within the District Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 28 P278 are relatively similar in both building size and lot size. Since the sidewalks, trails and street landscaping improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 3.00 safety benefit points, one for each of the improvement types. Based on the additional pedestrian traffic that commercial property generates compared to residential property, and that there is an average of six Single Family Residential Properties per acre within the District, Commercial parcels are assigned 18.00 benefit points. Multi Family and Condominium parcels are within close proximity to the sidewalks, and receive the benefit of having maintained sidewalks, trails and street landscaping for users to travel and access the property. Multi Family and Condominium parcels receive a reduced level of benefit from the safety of the sidewalks as they do not receive the same benefit as parcels that have continuous sidewalk improvements along the entire frontage of their parcel/unit. In addition, Multi Family and Condominium parcels have a lower average household size, which results in a reduced volume of pedestrian traffic on the sidewalks and trails compared to a Single Family Residential parcel. Multi Family and Condominium parcels are assigned 2.10 benefit points. A handful of parcels within the District are used to provide public services (such as fire stations, schools, churches and other similar uses) to the surrounding community, and are located based upon their proximity to the parcels they serve. However, based on the nature and location of the sidewalk and street landscaping improvements and public access to these properties, these parcels receive a safety benefit from the maintenance of the improvements. These public service parcels are assigned 2.00 benefit points in recognition of the benefit they receive. Well maintained green areas reduce the occurrence of crime and vandalism, and as such the maintenance of the improvements within the District create a safety benefit for the undeveloped parcels within the District. However, the safety benefit is reduced compared to a Single Family Residential parcels due to the very limited activity and pedestrian access that these properties provide. Undeveloped properties are assigned 0.30 benefit points. Common area, roads and easements are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive benefit from the increased aesthetics. Utility parcels are located based on their proximity to the parcels they serve, and given the nature of the property usage ((wireless towers, flood control basins and fire trail/access roads) do not benefit from the increased safety. The following shows the safety benefit points assigned to the parcel land use categories within the District: Parcel Land U se Category Safety Benefit P oints_ Single Family Residential 3.00 Condominium Residential 2.10 Multi-Family Residential 2.10 Commercial/Industrial 18.00 Public Service Parcels — Church/Fire Station/School 2.00 Undeveloped 0.30 Common Area/Roads/Easements/Utility 0.00 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 29 P279 Economic Benefit Points Accounting for the existing economic activity throughout the District, as well as the potential for properties to develop, redevelop and invest in their economic presence, properties within the District are assigned benefit points for the economic activity benefits received from the uniform and maintained improvements. Economic activity benefit points are assigned based upon the property's location to the District activities, as well as the property's existing land use. The District's improvements will allow properties to maximize their development, land use and occupancy rates. Residential land uses are assigned benefit points in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical single family parcel. Single Family Residential parcels are assigned 4.00 benefit points, one for each of the improvement types. Studies have consistently shown that the average multi-family residential unit impacts infrastructure approximately 80% as much as a single family residence. Condominium parcels are assigned 3.20 benefit points since the number of trips generated per condominium unit is approximately 80% of the typical single family residential units (Trip Generation, 2003). Multi-family residential parcels are assigned 2.40 benefit points per dwelling unit since the number of trips generated per multi-family residential unit, per the City's Traffic Study (2009), are 60% of the typical single family residential unit. To recognize the increase in economic activity and additional pedestrian traffic that non- residential properties generate compared to residential property, non-residential Commercial properties are assigned benefit points based on the average trip generations of non-residential property compared to a Single Family Residential property. Based on the City's Traffic Study (2009), and given that the non-residential parcels within the district are of mixed uses, the trip generation rate for non-residential parcels averages just under 320 trips per acre, which is approximately 5.6 times per acre that of a single family residential development. The trip generation rate is reduced to account for pass-through trips which are estimated to be 20%. Therefore, the economic benefit points assigned Commercial parcels is 4.50 per one residential benefit point. Commercial properties are assigned a total of 18.00 economic benefit points. The public services parcels and utility parcels within the District are used to provide services to the surrounding community, and are located based upon their proximity to the parcels they serve. These parcels receive no economic benefit from the collective improvements in place. Therefore, they are not assigned benefit points for economic activities. The availability of well-maintained sidewalk, landscaping and park improvements within the local community enhances the ability of owners of undeveloped parcels of land to develop those parcels, as studies have shown that there is an increase in demand for residents and businesses to locate within communities with well-maintained sidewalk, landscaping and park improvements. However, since undeveloped parcels generate fewer trips and given the limited activity these properties provide, they receive a reduced economic benefit from the maintenance of the collective improvements. To account for this reduced benefit, but still recognize development potential, all undeveloped properties are assigned 1.50 benefit points. Common areas and roads are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive an economic benefit. The following shows the economic benefit points assigned to the parcel land use categories within the District: Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 30 P280 Parcel Land Use Category Economic Benefit Points Single Family Residential 4.00 Condominium Residential 3.20 Multi-Family Residential 2.80 Commercial/Industrial 18.00 Public Service Parcels—Church/Fire 0.00 Station/School Undeveloped 1.50 Common Area/Roads/Utility 0.00 Total Special Benefit Points Calculation The formula below shows the total special benefit points calculation for each parcel within the District: Parcel's Total Parcel's Parcel's Parcel's Special Benefit = Aesthetic + Safety + Economic Points Benefit Points Benefit Points Benefit Points Parcel Factors The method of apportioning the benefit to the parcels within the District reflects the proportional special benefit assigned to each property within the District based upon various property characteristics of parcels as compared to other properties within the District. By adjusting the assigned special benefit points set forth above by parcel factors, a more complete picture of the proportional special benefits received by each parcel within the District is presented. Given that the special benefits provided by the District focus on aesthetic benefit, safety benefit, and economic activity benefits, it was determined that lot size (acreage) for non-residential parcels and units for residential parcels were the most appropriate parcel factors. The number of units for non-residential parcels would not accurately reflect the amount of development and redevelopment that may occur. In addition, a larger parcel allows for a greater area to develop and redevelop than smaller parcels, which corresponds to larger parcels receiving proportionately greater aesthetic, safety and economic activity benefits when compared to smaller parcels within the District. Therefore, the benefits assigned for each parcel in the District is in direct proportion to the size of the parcel and potential development of the parcel. Residential parcels are limited by the number of units on the parcel more than the actual lot size. However, the greater the lot size, the more units can be placed on a parcel, and the more persons who use and benefits from the collective improvements. Therefore the benefits assigned for each parcel in the District is in direct proportion to the units assigned to that parcel. The formula below shows the parcel factor calculation for each parcel within the District: Residential Parcel Factor = Units Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 31 P281 Non-Residential Parcel Factor = Acreage Total Benefit Units per Parcel Calculation To appropriately quantify and assign the total benefit units for each parcel within the District, the total special benefit points are further adjusted according to the formula below: Parcel's Total Parcel's Total Parcel Benefit Units = Special Benefit X Factor Points Total Special Benefit Units The total special benefit units for the District at this time are 76,064.85. Data Considerations and Parcel Changes The use of the latest Assessor's Secured Roll information has been and shall be used in the future as the basis in determining each parcel's land use category, units and lot size (acreage), unless better data was or is available to the City. In addition, if any parcel within the District is identified by the Auditor/Controller to be an invalid parcel number, the land use category, units and lot size (acreage) of the subsequent valid parcels shall serve as the basis in assigning parcel factor special benefit units. If a single parcel changes to multiple parcels, the special benefit units shall be recalculated based on the property type, number of units and acreage data for the new parcels, rather than each new parcel receiving a proportionate share of the original assessment. Special Considerations: Publicly Owned Parcels Any publicly owned parcels that benefit from the improvements cannot be exempt from the assessment. The special benefits accruing to these types of parcels must be determined using the same kind of formulas and benefit point assignment as applied to privately owned parcels. This requirement is clearly conveyed in Article XIII D, Section 4(a) of the California Constitution which states in part, "... Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit." Publically owned parcels are categorized and assigned benefit units using the same methodology as privately owned parcels, based on their land use as shown on the latest County Secured Roll. Rate per Benefit Unit The assessment rate per special benefit unit is calculated by dividing the total cost estimate to be assessed by the total special benefit units assigned to the parcels in the District. The following formula provides the assessment rate per special benefit unit calculation: Rate per _ Total Costs to / District's Total Benefit Unit be Assessed Benefit Units Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 32 P282 Method of Assessment Spread The method of assessment is based upon a formula that assigns the special benefits to each parcel, with special benefit points being adjusted by the parcel's number of units or lot size (acreage). The formula below provides a summary of the annual assessment calculation for each parcel in the District. (B) Parcel's Total = Parcel's Total X Parcel Benefit Units Special Benefit Factor Points Parcel Total Parcel's Parcel's Parcel's Special Benefit = Aesthetic + Safety + Economic Points Benefit Points Benefit Points Benefit Points (C) Residential Parcel Factor = Units Parcel Factor Non-Residential Parcel Factor = Acreage Applying the Method of Assessment Spread The maximum assessment for each parcel in the District is calculated by the following procedure: Step 1: Assign each parcel its appropriate land use category based on the most recent San Bernardino County Assessor's Secured Roll data. Step 2: Determine each parcel's appropriate aesthetic benefit points based on land use. The aesthetic benefit points are shown in the following table: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi-Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels — Church/Fire Station/School 1.00 Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 33 P283 Step 3: Determine each parcel's appropriate safety benefit points based on land use. The safety benefit points are shown in the following table: Parcel Land Use Category Safety Benefit Points Single Family Residential 3.00 Condominium Residential 2.10 Multi Family Residential 2.10 Commercial/Industrial 18.00 Public Service Parcels - Church/Fire 2.00 Station/School Undeveloped 0.30 Common Area/Roads/Easements/Utility 0.00 Step 4: Determine each parcel's appropriate economic benefit points based on land use. The economic benefit points are shown in the following table: Parcel Land Use Category Economic Benefit Points Single Family Residential 4.00 Condominium Residential 3.20 Multi-Family Residential 2.80 Commercial/Industrial 18.00 Public Service Parcels -Church/Fire Station/School 0.00 Undeveloped 1.50 Common Area/Roads/Utility 0.00 Step 5: Sum the aesthetic benefit points, safety benefit points and economic benefit points for each parcel. The total benefit points are shown in the following table: Aesthetic Safety Economic Total Benefit Benefit Benefit Benefit Parcel Land Use Category Points Points Points Points Single Family Residential 4.00 3- .00 4.00 11.00 Condominium Residential 2.80 2.10 3.20 8.10 Multi-Family Residential 2.80 2- .10 2.80 7- .70 Commercial/Industrial 16.00 18.00 18.00 52.00 Public Service Parcels -Church/Fire 1.00 2.00 0.00 3- .00 Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)-City of Rancho Cucamonga Fiscal Year 2014/15 34 P284 Station/School Undeveloped 0.40 0.30 1.50 2.20 Common Area/Roads/Easements/Utility 0.00 0.00 0.00 0.00 • Step 6: Determine the appropriate parcel factor based on the parcel's land use. The unit of measurement for each parcel factor, by land use, is shown in the following table: Residential Parcel Factor = Units Non-Residential Parcel Factor = Acreage Step 7: Multiply the total benefit points by parcel factor to compute each parcel's total special benefit units. Step 8: Sum the result of Step 7 for all parcels in the District. Step 9: Separate the general benefit from the special benefit, and divide the portion of the budget representing special benefit by the result of Step 8 to compute the rate per benefit unit. Step 10: Multiply each parcel's total benefit units by the result of Step 9 to compute each parcel's assessment. Step 11: In future years the rate per benefit unit may be adjusted by inflation. 2014/15 Proposed Maximum Assessment Rates The 2014/15 maximum allowable assessment rate is calculated by dividing the net total to be assessed by the total special benefit units assigned to parcels in the District based on property type, unit and acreage data. For Fiscal Year 2014/15, the calculation is as follows: Maximum Assessment _ Special Benefit / District's Total per Benefit Unit to be Assessed Benefit Units $42.21 = $3,197,582.25 / 75,754.14 The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District, by land use category: Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 35 • P285 • Fiscal Year Maximum Assessment per EBU Actual Assessment per EBU 2013/14 42.00 42.00 2014/15 42.21 42.00 Maximum Allowable Total Benefit Parcel Assessment for FY Parcel Land Use Category Points Factor 2014/151 Single Family Residential 11.00 Unit $464.31 Condominium Residential 8.10 Unit 341.90 Multi Family Residential 7.70 Unit 325.02 Commercial/Industrial 52.00 Acre2 2,194.92 Public Service Parcels—Church/Fire 3.00 Acre2 126.63 Station/School • Undeveloped 2.20 Acre2 92.86 Common Area/Roads/Easements/Utility 0.00 Parcel 0.00 (1) The maximum allowable assessment rates have been rounded down to the nearest dollar.The maximum allowable assessment is subject to an annual cost of living inflator as described within this Report. (2) Per acre or portion thereof. Cost of Living Inflator Each fiscal year, beginning Fiscal Year 2014/15, the maximum allowable assessment amount may be increased by the lesser of 3% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative, the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI-U adjustment. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that fiscal year. There will be no increase to the annual assessment rate for Fiscal Year 2014/15. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 36 • P286 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following pages. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 37 P287 s ! \ III 11111111 i co a) ifT qiiiiiiiiili co ci Q. 111k11,1111( 00 a '5 in lillinPlil =- =-: 111411121 Grove Av ._.� :, ...........,..—..--.---,...._"Li ! a a e s ' ; I,. $�31i; Camelian St Vineyard Av rn A S Hellman Av Qom... t Hellman Av r. / Archibald Av Archibald Av i Hermosa Av - Hermosa Av Haven Av j ' �, \ I Haven Av 1 1 Milliken Av I ..---..---.j Milliken Av Rochester Av fb ® s Rochester Av Q L CO) Da Creek Bli n Pus , •..•, . CO 0. Etiwanda Av Etiwanda Av= �- A 1 EP 92 East Av —•, ` _ ! P.O., CD \� tD . co 1 2 I V' Q t1/4 � I t..---• . d o o o a Cherry Av V?P tA• Q K n a n• u o `� D lb r Q Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 38 P288 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Actual Assessment Actual Total Total Rate for FY Assessment Property Type Units/Acres EBUs 2014/15(1) for 2014/15(2) Single Family 5,859.00 64,449.00 $462.00 per unit $2,706,858.00 Residential Condominium 525.00 4,252.50 $340.00 per unit 178,500.00 Residential Multi-Family 589.00 4,535.30 $323.00 per unit 190,527.00 Residential Commercial/Industrial 42.33 2,200.90 $2,184.00 per acre or 92,450.00 portion thereof Public Service Parcels —Church/Fire 70.27 210.82 $126.00 per acre or 8,846.00 Stattion/School portion thereof Undeveloped 48.01 105.62 $92.00 per acre or 4,433.00 portion thereof Common Area, Roads, Easements, Utility 0.00 0.00 $0.00 per parcel 0.00 Parcels Total 7,133.61 75,754.14 $3,181,673.88 (1) The actual allowable assessment rates have been rounded down to the nearest dollar. (2) The total 2014/15 assessment amount differs from the District Budget net total to be assessed due to rounding. Annexations The following Annexations are effective for the 2014/15 Fiscal Year. Annexation Total Total Parcel Number Date Project Units/Acres EBUs Property Type 1089-081-16, 17, 11/6/2013 TR18819 17.00 187.00 Single-Family 20 & 21 Residential Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2)—City of Rancho Cucamonga Fiscal Year 2014/15 39 P289 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 3A (Hyssop) P29O CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3A (HYSSOP) 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P291 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P292 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No.], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 3A (Hyssop Maintenance District) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $3,720.00 Plus Anticipated Interest Earnings 420.00 Total Estimated Revenue $4,140.00 Plus Use of Operating Reserve Fund 2,450.00 Total Expenditure Budget $6,590.00 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 improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No.3A—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P293 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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.3A—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P294 INTRODUCTION Reason for Assessment • Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No.3A—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P295 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 P296 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 6th Street. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects 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 6th 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 5 Fiscal Year 2014/15 ,x, - go.Ibl- ;:,, P297 Sitar - I—... %z •i.•• y'° _Se go:..oa'o —4 .Z--- ---......_ ._____ A3 - -“�S_t:=2. 1; :=3.1'2; 0 S 341;85 �� r` ria -N- �. ` Cam`\\\"- - - _-L O co --L HH- I I - • 1 o i --,----id I et4 I 1.5_ON RP r___,, -----. , ‘fti pai. D n 1 g OFRP 115 FW - I I l o X115 0'•∎Ir15,FVY'u .�.wH au Z CI el ■•• °MUM] 1 w O II) r,-,. a P4 9 �. K4' 0 404 N Y� 0 y � W Y 0 1 1 c ® ° > ' A D D 10 m A Cl, f D -I O r O 3 z) Z 2 - 7 Z 3 Z1 ) 5.'.Z m 3 Landscape Maintenance District No.3A–City of Rancho Cucamonga 6 Fiscal Year 2014/15 P298 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 2014/15 Budget 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 $ 1000.00 Contract Services 3650.00 Utilities Water Utilities 900.00 Electric Utilities 800.00 Assessment Administration 50.00 General Overhead 190.00 Subtotal Operations and Maintenance $ 6,590.00 Capital Expenditures Capital Outlay—Vehicles $ 0.00 Subtotal Capital Expenditures $ 0.00 Total Expenditure Budget $ 6,590.00 Total Estimated Assessment $ 3,720.00 Plus Anticipated Interest Earnings 420.00 Total Estimated Revenue $ 4,140.00 Plus Use of Operating Reserve Fund 2,450.00 Total Expenditure Budget $ 6,590.00 Total Estimated Assessment $ 3,723.66 Total District EBU Count 9.00 Actual Assessment per EBU — Fiscal Year 2014/15 $ 413.74 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 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 Landscape Maintenance District No.3A—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P299 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, 2014 Reserve Fund Balance $ 41,065.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (2,450.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 39,615.00 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. 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.3A—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P300 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.3A—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P301 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No.3A—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P3O2 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements 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. Landscape Maintenance District No.3A—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P3O3 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. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Non-Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Total Total (County Use Code) Assessment Rate Assessment Units/Acres EBUs per EBU Rate per EBU Non-Residential $413.74 $413.74 9 9 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Landscape Maintenance District No.3A—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P304 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 13 Fiscal Year 2014/15 a atjs<:; P305 1 . 9111i-111i I a. iT" said v :Ft/ -1 a:s D o W = a I4 ( is s co a = r s flir9ill:i€ cn 73 CO m v_' �I � fill!jJi4 Grove Av ;_.._..---•--,�.� n aa� sa7ii•8ajp 1 ii 'Wit rte✓ i 1 ti i Carnelian St Vineyard Av 1 A cn Hellman Av o•- I Hellman Av Archibald AvI I ` ; Archibald Av !. i Hermosa Av i i Hermosa Av I IA I Haven Avi � Haven Av i i i i i i, i Milliken Av I r..—.-..-..-..—.1 Milliken Av r Rochester Av i i Rochester Av Z ' Day Creek 131 n I \ II i 0) I I 13 i Etiwanda Av ! „�-�; \ A Etiwanda Av i al East Av, a i i , I a co r o r- 1 o It , M Cherry Av , 1 CID cn r 0 3 f K a I, D 0 w r- D 3 , u) C) Oftlik u Landscape Maintenance District No.3A—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P306 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Non-Residential $413.74 9 9 $3,723.66 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Landscape Maintenance District No. 3A—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P307 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 3B (Commercial Industrial) P308 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P3O9 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 10 District Budget Definitions of Budget Items Method of Assessment 13 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 16 Assessment Roll 18 Assessment Roll Annexations P31O ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No [Res No.], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 3B (Commercial Industrial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 1,007,260.00 Metrolink Parking Permit Revenues 234,540.00 Less Anticipated Delinquencies (1,180.00' Total Estimated Revenue $ 1,240,620.00 Less Operating Reserve Contribution (357,160.00) Total Expenditure Budget $ 883,460.00 Total District EBU Count 2,855.06 Actual Assessment per EBU $ 352.80 Maximum Allowable Assessment per EBU $ 352.80 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said Landscape Maintenance District No.3B—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P311 parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. r Mar A . Steu- , Director of Engineering Services/City Engineer Landscape Maintenance District No.3B—City of Rancho Cucamonga 2 Fiscal Year 2014/15 • P312 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No.3B—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P313 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 P314 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, 4th 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 These improvements are located within the street right-of-ways, Metrolink, and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective 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 Hardscape 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 4'h and Milliken. Ground Cover area: 19,771 square feet Hardscape area: 9,060 square feet J-5 The Milliken median from Arrow to Jersey. Landscape Maintenance District No.3B—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P315 Ground Cover area: 10,220 square feet J-6 The Spruce median from Foothill to White Oak. Ground Cover area: 4.300 square feet J-7 The 6th Street median from Pittsburg to Richmond. Ground Cover area: 5,114 square feet J-8 The 6th Street median from Richmond to Buffalo. Ground Cover area: 2,476 square feet J-9 The Milliken railroad underpass. 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 from 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 J-17 The Day Creek medians south of Foothill including the traffic circle. Ground Cover area: 6,490 square feet H-1 The Haven median from 4th Street to 6th Street. Ground Cover area: 21,205 square feet 3/25/13: Converted 8,935 sq. ft. of turf to ground cover effective 4/1/13 Landscape Maintenance District No.3B—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P316 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: 54,720 square feet 3/25/13: Converted 2,960 sq ft of turf to ground cover effective 4/1/13 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: 56,210 square feet H-4 The Haven median from Arrow Route to Foothill. Ground Cover area: 15,156 square feet H-5 The Haven median from Foothill to Church. Ground Cover area: 11,502 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 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 Landscape Maintenance District No.3B—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P317 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 to 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 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. 3B—City of Rancho Cucamonga S Fiscal Year 2014/15 P318 m m (.1 • 1--404) r. a • m �-�►� u 7 o co ,•••"- C m u x ,e. _ Grove Av - 1........i W .._. . yr\\ � a 1. • ''36I.)• \\\ :Carnelian St \Nt.� I Vineyard Av . i Cn Hellman Av Hellman Av ,y y a 4 1 1 Archibald A " 1 Archibald Av r- 4 II d II M 1' II 1 a II Hermosa A - II 1 Hermosa Av n O II 1 A) 4 . II I 13 Haven A I 'Haven Av CD 4-4� _ • . S . N = •II ... ....,II . o < r+ II s •.........1 CD CD mi Md��ken Av ` II 1 � "l��ll ken Av ■ b _ C M b ■ 3 0 • v. U 3 v CD • ^, Rochester A v • 2,t.2,t. W 15 �M.. - a II Rochester An rh or } awes ..a. II �. J- I II II ` .. I., II ,... If Z • 1 w Etiwanda An II - - Etiwanda Av II In I..... .. at'4► II East Av� . .. u..... m ` g g!I � � :; i I 3 , 3 m �' ff## s ir g ° s 7.....A v v ,‘ I t- w ?t m �CD 0 643 ; -q8=' i m o o A 1: 8 =t..0:1ia bg r Z -1 r Z ii 0 111111141101 M 83 C) N "I N Landscape Maintenance District No.3B—City of Rancho Cucamonga 9 Fiscal Year 2014/15 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 Budget Estimated 2014/15 Budget Personnel Services Regular Payroll $ 60,710.00 Overtime Salaries 0.00 Part-time Salaries 11,600.00 Fringe Benefits 30.080.00 Subtotal Personnel $ 102,390.00 Operations and Maintenance Computer Software $ 500.00 Operations and Maintenance 11,100.00 Operations and Maintenance/Facilities 6,000.00 Vehicle Operations and Maintenance 0.00 Emergency Equipment and Vehicle Rental 0.00 Equipment Operations and Maintenance 0.00 Contract Services 398,140.00 Contract Services/Facilities 108,410.00 Tree Maintenance 21,850.00 Telephone Utilities 530.00 Water Utilities 116,930.00 Electric Utilities 53,430.00 Assessment Administration 6,270.00 General Overhead 57,910.00 Subtotal Operations and Maintenance $ 781,070.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total Expenditure Budget $ 883,460.00 Total Estimated Assessment $ 1,007,260.00 Plus Metrolink Parking Permit Revenues 234,540.00 Less Anticipated Delinquencies (1,180.00) Total Estimated Revenue $ 1,240,620.00 Less Operating Reserve Contribution (357,160.00) • Total Expenditure Budget $ 883,460.00 Total Estimated Assessment $ 1,007,265.17 Total District EBU Count 2,855.06 landscape Maintenance District No.3B—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P32O IActual Assessment per EBU— Fiscal Year 2014/15 $ 352.80 I Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 352.80 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, 2014 Reserve Fund Balance $ 502,184.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 0.00 Operating Reserve Contribution — Fiscal Year 2014/15 357,160.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 859,344.00 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 . Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Landscape Maintenance District No.3B—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P321 Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures Capital Projects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. 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.3B—City of Rancho Cucamonga 12 Fiscal Year 2014/15 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No.3B—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P323 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements • and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements 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. Landscape Maintenance District No.3B—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P324 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. 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 IProperty Type (County Use Code) EBU Value Multiplier Non-Residential 1.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Total Total (County Use Code) Assessment Rate Assessment Units/Acres EBUs per EBU Rate per EBU Non-Residential $352.80 $352.80 2,855.06 2,855.06 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 15 Fiscal Year 2014/15 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.3B—City of Rancho Cucamonga 16 Fiscal Year 2014/15 W` ;lisp! n P326 To 2=4•t==oy � fl! ih1I1W y i1;1111:1 i v co ji ta!;I1 ! -n co m M 4= i 1: i.a D °o ID - a �a ;t!' cn .� co m cn (1 111 Grove Av Xl 11Qil1alij:a 1.117 i111it Carnelian St Vineyard Av 5" Hellman Av - Heilman Av Archibald Av Archibald Av Hermosa Av II Hermosa Av Haven Av Haven Av Milliken Av r..—.—..—......—.i Milliken Av I r.. r Rochester Av i Rochester Av Z '•. ..Day Creek B1 y 1 C) I CD Etiwanda Av Etiwanda Av A S E. 9 East Av 1 D o W H. ._ o y Cb o � — CD• 1 5 N Z • o `:� Cherry Av 'tiIV` co ca 3 �. N Poik UK W o CO Landscape Maintenance District No.3B—City of Rancho Cucamonga 17 Fiscal Year 2014/15 P327 • ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Maximum Property Type Allowable Total Total Allowable (County Use Code) Assessment Rate Units/Acres EBUs Assessment per EBU Non-Residential $352.80 2,855.06 2,855.06 $1,007,265.17 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Annexation Total Total Parcel Number Date Project Units/Acres EBUs Property Type 0229-192-09 & 18 2/6/2013 DRC2011-00255 1.81 1.81 Commercial/Industrial 0207-222-05 7/3/2013 DRC2012-00932 0.95 0.95 Commercial/Industrial 0209-151-27, 37 & 7/17/2013 PM18794 20.24 20.24 Commercial/Industrial 0209-161-24 0209-411-33 7/17/2013 PM19397 20.60 20.60 Commercial/Industrial 0209-032-40 7/17/2013 DRC2012-00790 3.17 3.17 Commercial/Industrial 0209-021-05 9/4/2013 DRC2013-00053 9.25 9.25 Commercial/Industrial 0229-181-03 & 11 11/6/2013 DRC2012-01065 4.77 4.77 Commercial/Industrial Landscape Maintenance District No.3B—City of Rancho Cucamonga 18 Fiscal Year 2014/15 P328 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 4-R (Terra Vista Planned Community) P329 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 4-R (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • Phone: 909.477.2740 Fax: 909.477.2741 CITY COUNCIL L. Dennis Michael, Mayor Sam Spagnolo, Mayor Pro Tem William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst Ill P330 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs • 10 District Budget Definitions of Budget Items Method of Assessment 13 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 17 Assessment Roll 19 Assessment Roll Annexations P331 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No.], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 4-R (Terra Vista Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 2,621,080.00 Less Anticipated Delinquencies (13,560.00) Total Estimated Revenue $ 2,607,520.00 Plus Use of Operating Reserve Fund 439,360.00_ Total Expenditure Budget $ 3,046,880.00 Total District EBU Count 6,696.69 Actual Assessment per EBU $ 391.40 Maximum Allowable Assessment per EBU $ 407.63 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P332 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. 4-R—City of Rancho Cucamonga 2 Fiscal Year 2014/15 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 upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other • illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No.4-R—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P334 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 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, 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 and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines; ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park The street trees within the residential parkways and tree maintenance easements to be maintained by the District are on the following streets, located within the boundaries of the District: Amiata Dr Clarisa PI Danner Ct Bastia Ct Corsica Ct De Anza Dr Blackhorse Ct (Countryview to Milliken) Derby PI Brandywine PI Countryview Downing Ct Bunkerhill Dr (Mt. View to Palacio) Ellena Wy Cedarbrook PI Covington PI (s/o Terra Vista to Chesterton Dr Danbury Dr Fitzpatrick) Landscape Maintenance District No.4-R—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P336 Emery PI Potomac Ct Terra Vista Pky Fitzpatrick Dr Radcliff PI (Church to Brandywine) Fulbourn Ct Regent Dr Wellington PI Hinton Ct Rockingham Ct Yorktown Ct Linaro Rd Saranza PI Meyers Dr Southhampton Ct The breakdown of maintained areas is as follows: Site# Descriptive Location TV-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. TV-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. TV-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. TV-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 Cover area: 12,659 square feet Hardscape area: 7,950 square feet TV-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 Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P337 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 TV-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 TV-7 The north side of Church from the west side of 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 TV-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 Hardscape area: 2,306 square feet Hardscape area: 2,788 square feet TV-9 The Church median from Terra Vista Parkway to Spruce Avenue. Ground Cover area: 7,829 square feet Hardscape area: 6,605 square feet TV-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 TV-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 TV-12 The east side of Haven from the pre-school to the Southern Pacific Railroad. Ground Cover area: 6,170 square feet Turf area: 2,091 square feet Hardscape area: 1,060 square feet Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P338 TV-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 TV-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 TV-15 The north side of Mountain View from 634 feet west of Biarritz to Milliken. Ground Cover area: 4,571 square feet Turf area: 4,738 square feet Hardscape area: 5,104 square feet TV-16 The west Greenway Corridor from the northeast corner of Elm and Spruce to West Greenway. Ground Cover area: 15,529 square feet Turf area: 20,884 square feet Hardscape area: 20,626 square feet TV-17 The west side of Milliken 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 TV-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 TV-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 Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P339 TV-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 TV-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 TV-22 The Milliken median from Mountain View to Foothill. Ground Cover area: 16,436 square feet Hardscape area: 16,267 square feet TV-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 • TV-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 TV-25 The east side of Haven form 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 TV-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 TV-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 TV-28 The paseo on the north side of 7552 Hardy. Landscape Maintenance District No.4-R—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P340 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 Turf 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 east side of Countryview Dr. from Corsica to Mountain View Drive. The south side of Mountain View Dr. from Countryview Dr. to Milliken. The west side of Milliken from Mountain View Dr. to the West Greenway Corridor. Ground Cover area: 9,141 square feet Turf area: 5,895 square feet Hardscape area: 6,058 square feet Landscape Maintenance District No.4-R—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P341 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 feet north of Church. Ground Cover area: 8,510 square feet Hardscape area: 5,640 square feet TV-39 The north side of Mountain View form 250 feet east of Milliken to Milliken. The east side of Milliken from Mountain View to Terra Vista Parkway. Ground Cover area: 16,751 square feet Hardscape area: 15,716 square feet TV-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 TV-41 The paseo east of Milliken from Terra Vista Parkway south to Mountain View. Ground Cover area: 4,081 square feet Hardscape area: 9,640 square feet TV-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 TV-43 Church median and parkway from Malaga to Terra Vista Parkway. Ground Cover area: 7,506 square feet Hardscape area: 3,955 square feet TV-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 TV-45 The west side of Rochester from Church to Malaga. Ground cover area: 20,693 square feet Hardscape area: 12,450 square feet TV-46 The north side of Malaga from Church to Rochester. Ground Cover area: 19,843 square feet Hardscape area: 18,000 square feet Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P342 TV-47 The east side of Terra Vista Parkway from Church to Brandywine. The paseo from Brandywine to Bunker Hill Drive. The east side of Radcliff from Bunker to Malaga. Ground Cover area: 17,838 square feet • Hardscape area: 9,023 square feet TV-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 Haven. 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 3B. 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 3B. FH-6 The Foothill median form 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. • H-5 The Haven median form Foothill to Church. Ground Cover area: 11,502 square feet 3/25/13: Converted 10,572 sq ft of turf to ground cover effective 4/1/13. Area listed is the 50% maintained by LMD 4R. An equal amount is maintained by LMD 3B. H-6 Haven median form Church to Baseline. Ground Cover area: 9,615 square feet 3/25/13: Converted 8,708 sq. ft. of turf to ground cover effective 4/1/13. Area listed is the 50% maintained by LMD 4R. An equal amount is maintained by the General Fund. H-7 The Haven median from Baseline to Southern Pacific railroad tracks. Ground Cover area: 3,130 square feet 3/25/13: Converted 3,992 sq. ft. of turf to ground cover effective 4/1/13. Removed 3,692 sq. ft. of ground cover for turn pocket expansion. Area listed is the 50% Landscape Maintenance District No.4-R—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P343 maintained by LMD 4R. An equal amount is maintained by the General Fund. 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 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 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: 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 8 Fiscal Year 2014/15 R344 N Q HAVEN AV ,�f�' O O ► has:-°ge"-s3;.zgt> lc a si�3i�'• 3 O N N V 6? a'�'p3°an°�AS • 00 t I ,_' e• 41 i 3 M!,1` ?�'*. / //4, fns u acevVe:s•ss7 W%i h p., 'X111. : ex°--Fga_,.6i. :333, O ' ��W .0 7 Firi,--iriatimAl' ; 81' ��a3,a3s23a„xs=d rD 7 } �- .rf/�` �,�. CD bra=_aas;.°2°• + � • 1/14 4l — s E #mil qIli ill th Vowmmo,Lion.....0 I -.., ..... r us t'7'Tl _ •--7 :So c. Y P > /N� O ♦I d * rn O a If r ; z 7 O m i tJ (r a O V m it z p ,., .„,., I a' MILLIKEN AV '"�3 _ tn <\, g ?. (1.-4. • _011. q r-rf th C) >i/�.. 01111.1 � t t ' yam; r� a>�� 'il y t FD— v g ,c' ,� inn _7. in � Z �;> +4.-. ; P345 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 2014/15 Budget Personnel Services Regular Payroll $ 637,750.00 Overtime Salaries 1,050.00 Part-time Salaries 32,280.00 Fringe Benefits 303.210.00 Subtotal Personnel $ 974,290.00 Operations and Maintenance Operations and Maintenance $ 96,280.00 Vehicle Operations and Maintenance 6,000.00 Emergency Equipment&Vehicle Rental 1,700.00 Equip Operations & Maint 3,750.00 Depreciation —Computer Equip 0.00 Contract Services 676,470.00 Tree Maintenance 70,000.00 Utilities Telephone Utilities 2,910.00 Water Utilities 392,530.00 Electric Utilities 31,360.00 Assessment Administration 22,990.00 General Overhead 156,180.00 Subtotal Operations and Maintenance $ 1,460,170.00 Capital Expenditures Capital Outlay— Equipment 0.00 Capital Outlay—Vehicles 0.00 Capital Outlay— Improvements Other Than Buildings 62,420.00 Capital Proiects $ 550.000.00 Subtotal Capital Expenditures $ 612,420.00 Total District Expenditure Budget $ 3,046,880.00 Total Estimated Assessment $ 2,621,080.00 Less Anticipated Delinquencies (13,560.00) Total Estimated Revenues $ 2,607,520.00 Plus Use of Operating Reserve Fund 439,360.00 Total Expenditure Budget $ 3,046,880.00 Total Estimated Assessment $ 2,621,084.46 Total District EBU Count 6,696.69 Actual Assessment per EBU —Fiscal Year 2014/15 $ 391.40 Maximum Allowable Assessment per EBU —Fiscal Year 2014/15 $ 407.63 Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P346 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved when the property owners on December 2, 2009, voted in favor of a Prop 218 assessment ballot increase with an allowable annual increase by the lesser of 3.5% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2014 Reserve Fund Balance $ 3,148,084.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (439,360.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 2,708,724.00 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Landscape Maintenance District No.4-R—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P347 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: Capital Proiects: 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 12 Fiscal Year 2014/15 P348 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P349 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the Caryn Planned Community and were installed to create a common landscape theme and neighborhood identity for parcels within the Caryn Planned Community. The improvements are situated within the public rights-of-way of the internal local street network within the Caryn Planned Community which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P35O 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. On December 2, 2009 Proposition 218 assessment ballot.increase was approved by the property owners in this district. Therefore, all parcels included in the District boundary, are being levied in accordance with Article XIII D and Proposition 218. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use}, and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land- use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Benefit Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Benefit Unit Condominium 0.80 Benefit Unit Multi-Family 0.70 Benefit Unit Commercial/Industrial 3.25 Acre Vacant (incl. all undeveloped property) 0.25 Acre Schools 0.25 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be 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 reflects both the maximum allowable assessment and the actual assessment rates for each year since the formation of the district and the proposed assessment for Fiscal Year 2014/15 for the District: Fiscal Year Maximum Assessment per EBU Actual Assessment per EBU 2010/11 380.00 380.00 • 2011/12 388.64 380.00 2012/13 396.77 380.00 Landscape Maintenance District No. 4-R—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P351 2013/14 405.60 380.00 2014/15 407.63 391.40 Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $407.63 $391.40 2,652.00 2,652.00 Condominium $407.63 $391.40 1,395.00 1,116.00 Multi-Family $407.63 $391.40 3,331.00 2,331.70 Commercial/Industrial $407.63 $391.40 176.28 572.91 Vacant $407.63 $39.1.40 96.30 24.08 Schools $407.63 $391.40 35.41 8.85 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Livin_q Inflator Each fiscal year beginning Fiscal Year 2010/11, the maximum allowable assessment amount may be increased by the lesser of 3.5% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 2014/15 will increase from $380.00 to $391.40 per single-family residence, a rate increase of 3% as compared to Fiscal Year 2013/14. Landscape Maintenance District No.4-R—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P352 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-R—City of Rancho Cucamonga 17 Fiscal Year 2014/15 P353 ii nit a .;101.11!!!!l£ STS •co lii11111/11 ,, l t1; co ;'` 6Qt°a D o co = a cn �,l, ri Grove Av . �.._..� :,���i �i��� fit_� J. Oillifillii i Carnelian St Vineyard Av 7/,_-____ Hellman Av M, J r Hellman Av ! Archibald Av F 1 Archibald Av Hermosa Av - - ; Hermosa Av 1 Haven Av 1 Haven Av e Milliken Av , i di . _.._.._.._.._J Milliken Av t r Rochester Av \--.. -----..\------- lillaillir a) Z Q� , Rochester Av 'Y i .. Cl.,_ ----•• Da Creek B1 (7 ::01 r 1 a) :Nem Etiwanda Av - Etiwanda Avi I co East Av! 4 ° '�• D o i P. 0 CO 1 (fl ro 1 a) co r i 0 k 0 cn '1;43 ji a il ..� (D o r Cherry Av ii IZ) �► °- o Cl) N CI c ZI cn Landscape Maintenance District No.4-R-City of Rancho Cucamonga 18 Fiscal Year 2014/15 P354 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 actual assessment for the District: Actual Actual Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $391.40 2,652.00 2,652.00 $1,037,992.80 Condominium $391.40 1,395.00 1,116.00 $436,802.40 Multi-Family $391.40 3,331.00 2331.70 $912.627.38 Commercial/Industrial $391.40 176.28 572.91 $224,236.97 Vacant $391.40 96.30 24.08 $9,424.91 TOTALS 7,650.58 6,696.69 $2,621,084.46 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 2014/15 Fiscal Year. Landscape Maintenance District No.4-R—City of Rancho Cucamonga 19 Fiscal Year 2014/15 P355 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 5 (Tot Lot) P356 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P357 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 7 District Budget Definitions of Budget Items Method of Assessment 10 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 13 Assessment Roll 15 Assessment Roll Annexations P358 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res. No.], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 5 (Tot Lot) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 2,490.00 Plus Anticipated Delinquencies 630.00 Total Estimated Revenue $ 3,120.00 Plus Use of Operating Reserve Fund 38,050.00 Total Expenditure Budget $ 41,170.00 Total District EBU Count 44.00 Actual Assessment per EBU $ • 56.65 Maximum Allowable Assessment per EBU $ 113.29 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 5—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P359 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. (---- ver Mark • . Steuer, Director of Engineering Services/City Engineer Landscape Maintenance District No. 5—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P360 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No. 5—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P361 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 P362 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City bounded by Hermosa Avenue on the west, 26"'Avenue on the south, the parcels north of and along Bedford Drive and the parcels west of and along Andover Place. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement 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 1-1-5 The tot lot on the southwest corner of Andover and Bedford. Ground Cover area: 1,506 square feet Turf area: 1,070 square feet Hardscape area: 640 square feet Tot Lot and landscaping are maintained by the City's Park Maintenance Crews. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 5—City of Rancho Cucamonga 5 Fiscal Year 2014/15 • t t�; uitzE;=;t0; �� 7� R3 2 0� e C n 3 3 3 '- '/N • • • .4t2 5gc3ss "FO • 4 3 e `4 3-?h e;5?:a S:a!;!! i i 4�g a3!3o:=i33!�- _as ssea;a• a�= �y K i S A l!•i; HERMOSA AV �^ o 1 O cu) to %ft.M o z• M cD W CD CD t3 y CD -no 01 I RIM 0 (D 0 (A �7 m c p :U _ _ D n m O u, T G) O m �' D m Z Z m o m 7, c m � z c z m d. v Landscape Maintenance District No. 5—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P364 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 2014/15 Budget 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 $ 1,400.00 Vehicle Operations and Maintenance 70.00 Contract Services 2,690.00 Utilities Water Utilities 630.00 Electric Utilities 400.00 Assessment Administration 220.00 General Overhead 110.00 Subtotal Operations and Maintenance $ 5,520.00 Capital Expenditures Capital Outlay— Improvements Other Than Buildings $ 35,650.00 Subtotal Capital Expenditures $ 35,650.00 Total District Expenditure Budget $ 41,170.00 Total Estimated Assessment $ 2,490.00 Plus Anticipated Delinquency 630.00 Total Estimated Revenues $ 3,120.00 Plus Use of Operating Reserve Fund 38,050.00 Total Expenditure Budget $ 41,170.00 Total Estimated Assessment $ 2,492.60 Total District EBU Count 44.00 Actual Assessment per EBU — Fiscal Year 2014/15 $ 56.65 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 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 Landscape Maintenance District No. 5—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P365 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, 2014 Reserve Fund Balance $ 65,191.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (38,050.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 27,141.00 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. 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. Landscape Maintenance District No. 5—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P366 Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. 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 9 Fiscal Year 2014/15 P367 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement' (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 5—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P368 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the Caryn Planned Community and were installed to create a common landscape theme and neighborhood identity for parcels within the Caryn Planned Community. The improvements are situated within the public rights-of-way of the internal local street network within the Caryn Planned Community which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit Landscape Maintenance District No. 5—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P369 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. On December 2, 2009 Proposition 218 assessment ballot increase was approved by the property owners in this district. Therefore, all parcels included in the District boundary, are being levied in accordance with Article XIII D and Proposition 218. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The 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 E9uivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier 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 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $113.29 $56.65 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 12 Fiscal Year 2014/15 • P370 The Fiscal Year 2014/15 actual assessment rate will remain at $56.65 per Single Family Residence. The City has reserve funds that are more than sufficient to cover an estimated six months' worth of maintenance and servicing costs for the District. When there are excess funds in the District's reserve account, the excess can be used to lower the annual levy to property owners within the District. The City will continue to annually review the estimated costs and expenses for the District as well as reserve fund levels, in order to determine if future levies can be reduced as well. Landscape Maintenance District No. 5—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P371 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 14 Fiscal Year 2014/15 azi _el,,7; P372 • I=i; z . St •t. a• “••.:.)� e ti ^^1 ;� i1 r g _ 93 �• Sv 7 �fg ;(22 S3[.� ccoo ttlii121;140 a) 10;;;;till!' (n 70 co = (/) j I i f i; l l, Grove Av ;_.._.._..—._..�� co ._..� q;. 3e;'`'3 1 i9ilalrtill I '—'. j s.i;i..sae� i ,! . j \ j Carnelian Si Vineyard Av j • cn j Hellman Av! -- 1 j Hellman Av h I Archibald Ay! j —• I-- i Archibald Av 1 Hermosa Avi ______- 's • i Hermosa Av i � j Haven Av!i ' --___ ! - - '! __ . f Haven Av I l • i 1 ( j j Milliken Av I I } •_.._.._.J Milliken Av I � I� i sr Rochester Av - I I r r 1 Rochester Av ii Day Creek 43l Q y _ 1 Etiwanda Av . Etiwanda Av j A 1 © j 11 �7i N East Av t_._.._.._.._ `�!. I � _ n m .....•o o W I Z o ? N 1 l 041).ca M 8 - W _. �, r I N.) ,, iq a) c j a'-.) C Cherry Av I — m 0 ti.. I tty o , n d N �^• 01 K Pik N _• Landscape Maintenance District No. 5—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P373 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $113.29 44 44 $4,984.76 Actual Property Type Assessment Rate Total Total Actual (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $56.65 44 44 $2,492.60 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 2014/15 Fiscal Year. Landscape Maintenance District No. 5—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P374 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 6-R (Caryn Planned Community) P375 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R (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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst Ill P376 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 6 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 23 District Budget • Definitions of Budget Items Method of Assessment 26 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 30 Assessment Roll 32 Assessment Roll Annexations P377 ENGINEER'S LETTER WHEREAS, on [Date] the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], 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 Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $466,770.00 Less Anticipated Delinquencies (9,190.00) Total Estimated Revenue $457,580.00 Plus Use of Operating Reserve Fund 39,160.00 Total Expenditure Budget $496,740.00 Total District EBU Count 1,196.98 Actual Assessment per EBU $389.96 Maximum Allowable Assessment per EBU $392.60 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in • this Annual Engineer's Report. Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P378 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on • such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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 2 Fiscal Year 2014/15 P379 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 oh 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 Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P380 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, 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, o 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 meeting 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 the 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 2014/15 P381 PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 1-210 Freeway, south of Banyan Street, west of Rochester Avenue and east of Milliken Avenue, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Avenue and Tracts No. 13748, 13857 & 13858 west of Milliken Avenue. Zone 1 is the area generally located west of Rochester Avenue and east of Milliken Avenue. Zone 2 is the area generally located east of Rochester Avenue and west of Milliken Avenue. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the Caryn Planned Community. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site# Descriptive Location CC-1 The southside of Banyan St from 1290 feet west of Milliken to Milliken. The west side of Milliken & median from Banyan St to 292 south of Vintage Dr. Ground Cover area: 96,892 square feet Turf area: 17,945 square feet Hardscape area: 13,944 square feet • CC-3 The paseo on the west side of Morning PI form 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 2014/15 P382 CC-4 The west side of Morning PI, from Banyan St to Starview Pl. The north side of Starview PI, from Morning PI to Star View Ct. Ground Cover area: 14,273 square feet Turf Cover 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 Hardscape area: 22,752 square feet Hardscape area: 4,089 square feet CC-9 The south side of Vintage Dr. from 250 feet west of Hillview Loop to Hillview Loop. The west side of Hillview Loop from Vintage Dr. to Kettle Peak. 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. 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. Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P383 Ground Cover area: 47,507 square feet Turf area: 7,810 square feet Hardscape area: 7,825 square feet CC-12 The Separation Paseo from Vintage Dr. to Pinnacle Peak. Ground Cover area: 50,325 square feet Turf area: 15,021 square feet Hardscape area: 7,675 square feet 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 Turf area: 7,699 square feet Hardscape area: 20,055 square feet CC-16 The south side of Vintage Dr. from Netherlands View Loop to Rochester Ave. The north side of Vintage Dr. from Rochester Ave. to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Mt. Wilson Ct. to Mt. Cambridge Ct. The Netherlands View Loop Paseo from Vintage Dr. to Mt. Sterling Ct. Ground Cover area: 77,202 square feet Turf area: 3,954 square feet Hardscape area: 18,195 square feet CC-17 The east side of Milliken Ave. from Vintage Dr. to Banyan St. Ground Cover area: 13,740 square feet Turf area: 9,088 square feet Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 7 Fiscal Year 2014/15 • P384 • Hardscape area: 6,460 square feet CC-18 The north side of Vintage Dr. from Milliken Ave. to Hillview Loop. The south side of Vintage Dr. from 104 feet west of Hillview Loop to Milliken Ave. Ground Cover area: 32,287 square feet Turf area: 3,889 square feet Hardscape area: 11,188 square feet CC-19 The Terrace View Loop paseo from Vintage Dr. to Terrace View Loop. Ground Cover area: 17,469 square feet Turf area: 15,617 square feet Hardscape area: 2,736 square feet CC-20 The east side of Terrace View Loop from Mt. San Antonio Ct. to El Capitan Ct. The west side of Terrace View Loop from Butler Peak PI. to Mt. San Antonio Ct. Ground Cover area: 20,627 square feet Hardscape area: 20,017 square feet Hardscape area: 7,888 square feet CC-21 The west side of Rochester 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 Pl. to Rainbow Falls Ct. Ground Cover area: 12,132 square feet Hardscape area: 528 square feet CC-24 The north side of Terrace View Loop from El Capitan Ct. to Butler Peak PI. The east side of Butler Peak Pl. from Terrace View Loop to Banyan St. The south side of Banyan St. from Butler Peak PI. to 990 feet east of Butler Peak Pl. Ground Cover area: 14,452 square feet Hardscape area: 1,600 square feet CC-26 The east side of Rochester from 210 freeway to Vintage Dr. The north and south side of Vintage from 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 Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P385 Hardscape area: 19,779 square feet CC-27 The Milliken median and the west side 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 Cobble area: 2,387 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 9 Fiscal Year 2014/15 r386 n.i,c c m ° °O ^ a'c 111! °v ° i . . ] ' m- 3d ° 52 03 j'" ;IS I R..6o°RR5.-1, oa1,32 ;, .' n . `111 ` () 3g3ni.. 29"� g".g ..rag 2. N , ". EI : o,2'8 °a,2 ^1 12 8 a W 1 $� o° 3m ‹ a ° � � � cS. p� T 9ull_lljflI IUIIIIUHIIIIIt 3 3 a --1 . —_ -\ - '\:/ O J a e b j {J .. 3 3 3 e m' N fl o MIL■LIKEN'AVi•••• r — .T nr / i . O i /!v)�r- �"� y r L O Le38 �r a �. ' J hi "Ti ONO / V `A rs) •/ N -7TH a p1 �� `\ n coo 1 n�i O ` -0 o0 r+ O w Ui O n (7 w O timmftwam8 to O �h" cni o 7 CD I3 s 7 <>o ` a D Z E 0 0 N -- i- - : 1 dri_ii \ 8 ,,,,,,, co OMM V ol t In 1c_ . It t<> Z �■ Ma _ „. Iwo- D o n N to EE o 1 T_ WI I H X11 I_T n , T ---Tr+ I I III I ; ICI O 130CHE551-ER,AV- m K -0 1- W TJ M TJ n m D p S '0- m{ n D 4 r r 0 rn xi Z Z , m 1- -0 m c x z —1 m K Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P387 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 2014/15 Budget Personnel Services Regular Payroll $ 7,590.00 Part-time Salaries 0.00 Fringe Benefits 3,570.00 Subtotal Personnel $ 11,160.00 Operations and Maintenance Operations and Maintenance $ 16,360.00 Emergency Equipment & Vehicle Rental 200.00 Contract Services 275,090.00 Tree Maintenance 35,000.00 Utilities Water Utilities 120,840.00 Electric Utilities 8,310.00 Assessment Administration 7,020.00 General Overhead 22.760.00 Subtotal Operations and Maintenance $ 485,580.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 496,740.00 Total Estimated Assessment $ 466,770.00 Less Anticipated Delinquencies (9.190.00 Total Estimated Revenues $ 457,580.00 Plus Use of Operating Reserve Fund 39.160.00 Total Expenditure Budget $ 496,740.00 Total Estimated Assessment $ 466,774.32 Total District EBU Count 1,196.98 Actual Assessment per EBU — Fiscal Year 2014/15 $ 389.96 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 392.60 The maximum allowable assessment per EBU listed in the District budget above, is the amount which was approved when the property owners on December 2, 2009, voted in favor of a Prop 218 assessment ballot increase with an allowable annual increase by the lesser of 3.5% or the Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P388 percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City 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, 2014 Reserve Fund Balance $ 162,015.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (39,160.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 122,855.00 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P389 Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Protects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in 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 13 Fiscal Year 2014/15 P390 • 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P391 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the Caryn Planned Community and were installed to create a common landscape theme and neighborhood identity for parcels within the Caryn Planned Community. The improvements are situated within the public rights-of-way of the internal local street network within the Caryn Planned Community which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P392 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 Dwelling Unit (EBU). Every other land-use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land-use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EBU value of 0.25 EBU's per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 EBU's per acre in recognition of the limited benefit they receive from the improvements which are provided for the use and benefit of the residential units within the District, and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. There are two benefit zones within the District: Zone 1 and Zone 2. Parcels in Zone 2 are assigned 0.75 EBU per dwelling unit due to the reduction in special benefit they receive as a result of their location relative to the majority of the improvements maintained by the District. Zone 2 parcels are on the far east and west side of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements due to their proximity, as parcels within Zone lwhich are assigned 1.00 EBU per dwelling unit and are generally located adjacent to or in close proximity to the improvements. The following table provides the weighting factors applied to various land-use types, as assigned by County use code, to determine each parcel's EBU assignment. Land-Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential —Zone 1 1.00 Dwelling Unit Single Family Residential —Zone 2 0.75 Dwelling Unit School 0.25 Acre or portion thereof Vacant 0.25 Acre or portion thereof 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 2014/15 maximum allowable assessment rates for the District: Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P393 Fiscal Year Maximum Assessment per EBU Actual Assessment per EBU 2010/11 246.97 246.97 2011/12 366.00 366.00 2012/13 382.15 373.66 2013/14 390.65 381.96 2014/15 392.60 389.96 Maximum Actual Property Type Allowable Total Total (County Use Code) Assessment Assessment Rate Units/Acres EBUs Rate per EBU per EBU Single Family Residential -Zone 1 $392.60 $389.96 963.00 963.00 Single Family Residential -Zone 2 $392.60 $389.96 310.00 232.50 School $392.60 $389.96 5.35 1.3375 Vacant $392.60 $389.96 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. Cost of Living Inflator Each fiscal year beginning Fiscal Year 2010/11, the maximum allowable assessment amount may be increased by the lesser of 3.5% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County area. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 2014/15 will increase from $381.96 to $389.96 per single-family residence Zone 1 and from $286.47 to $292.47 per single family residence Zone 2, a CPI increase of 2.094% as compared to Fiscal Year 2013/14. Landscape Maintenance District No. 6-R-City of Rancho Cucamonga 17 Fiscal Year 2014/15 P394 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 18 Fiscal Year 2014/15 #1_4i: <<�. P395 :t111aIa semiss s%� airgtit- }� •••�• ill ,1.g1##` I 1,1���';. 11� 1 31/1 Q CD s � MO v !Pit'Walla 71 CJ 7 1 I;e.1 1 Grove Av . •��_..- x •'• . r---.• �q ilmfil1 f:'—_ ! is #;# !#i Carnelian St Vineyard Av �— i A st J D- �• I Hellman Av w. .0- t I Hellman Av Archibald Av i i : F . i Archibald Av ( — Hermosa Av ° I Hermosa Av Haven Av i I Haven Av 71....- I i I 1 1 Milliken Av _.—.—.._.._.! Milliken Av lb Rochester Av , Rochester Av y i Day Creek BI: n .....:1_,j l 1 i al Etiwanda Av Etiwanda Avj ! ! , 5 ! ^Yi East Av!• _ _ �• m — a) co .� it Z r n cn Be .sna (D XI IPS 0 :—* 00 'Oi o N N 33 n = Cherry A N m m N • a 7 i• N 3 r— I D �► f N / • • N + omqk 1 Zi Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 19 Fiscal Year 2014/15 P396 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 actual assessment for the District: Actual Actual Property Type Assessment Rate Total Total Assessment (County Use Code) per EBU Units/Acres EBUs Single Family Residential $389.96 963.00 963.00 $375,531.48 —Zone 1 Single Family Residential $389.96 310.00 232.50 $90,665.70 —Zone 2 School $389.96 5.35 1.34 $522.25 Vacant $389.96 0.54 0.14 $54.59 TOTALS 1,278.89 1,196.973 $466,774.32 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations for the 2014/15 Fiscal Year. Landscape Maintenance District No. 6-R—City of Rancho Cucamonga 20 Fiscal Year 2014/15 P397 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 7 (North Etiwanda) P398 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P399 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 12 District Budget Definitions of Budget Items Method of Assessment 15 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 18 Assessment Roll 20 Assessment Roll Annexations P4OO ENGINEER'S LETTER WHEREAS, on [Date]the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 870,180.00 Plus Anticipated Delinquencies 5.430.00 Total Estimated Revenue $ 875,610.00 Plus Use of Operating Reserve Fund 134,510.00 Total Expenditure Budget $ 1,010,120.00 Total District EBU Count 2,834.00 Actual Assessment per EBU $ 307.05 Maximum Allowable Assessment per EBU $ 307.05 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 7—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P401 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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 . euer, Director of Engineering Services/City Engineer • Landscape Maintenance District No. 7—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P402 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility.such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No. 7—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P403 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 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 of the City known as North Etiwanda, which is generally bounded by the 210 Freeway on the south, 1-15 Freeway on the west, and City limits on the north. Typically, parcels have been annexed to the District as they have been developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the North Etiwanda. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines; ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement 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 east side of Ridgeline from Wilson to Arcadia Way. Ground Cover area: 27,325 square feet Turf area: 19,334 square feet Hardscape area: 840 square feet EN-2 The Metropolitan Water District easement on the south side of Crescenta Way from San Marino to Ridgeline Place. Ground Cover area: 38,104 square feet Turf area: 41,250 square feet Landscape Maintenance District No. 7—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P405 Hardscape area: 9,000 square feet EN-3 The Wilson Av. median from Wardman Bullock Rd. to San Sevaine Avenue. Ground Cover area: 9,016 square feet Hardscape area: 11,088 square feet EN-4 The Planters on the north side of the drainage easement that is between and parallel to Highland and Arapaho Rd. from Etiwanda Ave east to the end. Ground Cover area: 63,972 square feet ' EN-5 The south side of Wilson Av. from 1,115 feet west of San Sevaine Av. to 205 feet east of San Sevaine Avenue. The east side of San Sevaine Av from Wilson Av. to Youngs Canyon Road. Ground Cover area: 45,584 square feet Turf area: 3,527 square feet EN-6 The north side of Wilson from Wardman Bullock Rd. to Ridgeline Place. The west side of Ridgeline PI. from Wilson Av. to 120 feet north of Arcadia Way. Ground Cover area: 29,226 square feet Turf area: 15,136 square feet Hardscape area: 1,300 square feet EN-7 The parkway on the eastside of Wardman Bullock from Wilson Av. to 857 feet north of Glendora Court. 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 Pl. to Crestline Place. Ground Cover area: 50,035 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 Pacific Crest Place. 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 Turf area: 4,445 square feet Hardscape area: 13,026 square feet Landscape Maintenance District No. 7—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P406 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 PI. at Etiwanda Creek Channel. Ground Cover area: 1,870 square feet Turf area: 700 square feet Hardscape area: 450 square feet EN-13 The north side of Wilson Av. from 574 feet west of Cherry Av. to the channel east of San Seyaine Road. The Wilson Av. median from Cherry Av. to San Sevaine Road. The east side of San Sevaine from Wilson to 136 feet north of Crescenta. Ground Cover area: 46,611 square feet Turf area: 5,037 square feet EN-14 The west side of San Sevaine Av. from 150 feet north of Wilson to 136 feet north of Crescenta Way. Ground Cover area: 55,166 square feet Turf area: 235 square feet Hardscape area: 6,975 square feet EN-15 The north side of 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 Sevairie 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 Guidera 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 4 75 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 • Landscape Maintenance District No. 7—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P407 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 south side of Wilson Avenue form 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 east side 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. The south side of Vintage from Ascot PI. to 500 feet east of Countrywood. Ground Cover area: 34,707 square feet Hardscape area: 92,600 square feet EN-25 The east side of Bluegrass 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 Banyan from Bluegrass to Greenwood. Ground Cover area: 6,240 square feet Hardscape area: 3,200 square feet Landscape Maintenance District No. 7—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P408 EN-27 The south side of Banyan 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 Ward man 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 9 Fiscal Year 2014/15 P409 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 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 Ave. from 235 feet south of Hunt Club Dr. to 375 feet north of Hunt Club Dr. Ground Cover area: 5,559 square feet Hardscape area: 5,231 square feet EN-38 The west side of East Ave. from 236 feet north of Philly Dr. to 245 feet south of Philly Dr. Ground Cover area: 4,605 square feet Hardscape area: 3,394 square feet EN-39 The south side of Banyan form Golden Lock PI. to Raindrop PI. Ground Cover area: 6,024 square feet Hardscape area: 330 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. 7—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P410 •:• :.a20 ':P8.g0:-Y'1a-° i3 -loi. -x ••i ea•. $:942[ ny Qi .as O . S e Y ; 8 C Ci " ligi;i4= is I o DAY CREEK BL -V-Ilifii; '313 r . A �_ �qlp�= S`EJ N �. p m m Qv z m7 m No Z L7 Z m 22 Z N I a N R 0 L°D m ...- OI N R N CZ m % m J -N tD m i /r�te`MO 1 i4 m W ETIWANOAAV� EIIWANDAAV z •m I_TI WAN DAAV El /�i c m z C r1 N V J W O rill 1 JEASTAV z NJ Z m §.... Cn I Z—V m Z T D O m �co R 6'1 ftit. Ui .;�O ol i :3 ii! LS m m(IT N„...4.� m W mRDMAN BULLOC�n RD �`Z �.o\ , (•l m a Iftit o `ur Z �. m a M m T ��A Z m O Y Z m Z °D • .'ucnr' SV ` VI 91 IIpII ® Og s � D P3 ; P411 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 2014/15 Budget Personnel Services Regular Payroll $ 165,060.00 Part-time Salaries 10,380.00 Fringe Benefits 78.550.00 Subtotal Personnel $ 253,990.00 Operations and Maintenance Operations and Maintenance $ 47,260.00 Operations and Maintenance Facilities 1,000.00 Vehicle Operations and Maintenance 2,500.00 Emergency Equipment &Vehicle Rental 700.00 Contract Services 341,150.00 Tree Maintenance 6,950.00 Utilities Telephone Utilities 1,220.00 Water Utilities 239,540.00 Electric Utilities 30,600.00 Assessment Administration 15,430.00 General Overhead 69,780.00 Subtotal Operations and Maintenance $ 756,130.00 Capital Expenditures Capital Outlay— Equipment $ 0.00 Capital Projects 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 1,010,120.00 Total Estimated Assessment $ 870.180.00 Plus Anticipated Delinquencies 5,430.00 Total Estimated Revenues $ 875,610.00 Plus Use of Operating Reserve Fund 134,510.00 Total Expenditure Budget $ 1,010,120.00 Total Estimated Assessment $ 870,179.70 Total District EBU Count 2,834.00 Actual Assessment per EBU — Fiscal Year 2014/15 $ 307.05 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 307.05 Landscape Maintenance District No. 7—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P412 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, 2014 Reserve Fund Balance $ 743,646.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (134,510.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 609,136.00 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Tree Maintenance: This item includes the contract costs attributed to maintaining the street trees and other trees throughout the District. Landscape Maintenance District No. 7—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P413 Utilities -Water: This item includes the costs to furnish water for the landscaping within the District. Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. This may include, but is not limited to, tree replacements, repair of damaged equipment due to vandalism, storms and other similar events. Landscape Maintenance District No. 7—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P414 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7(commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 7—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P415 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the Caryn Planned Community and were installed to create a common landscape theme and neighborhood identity for parcels within the Caryn Planned Community. The improvements are situated within the public rights-of-way of the internal local street network within the Caryn Planned Community which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within.the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit Landscape Maintenance District No. 7—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P416 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 XIID and Proposition 218 had not yet been passed. Upon the passage of Article XIID and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since 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. Land-Use Equivalent Dwelling Units IProperty Type (County Use Code) EBU Value Multiplier 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 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $307.05 $307.05 2,834 2,834 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 17 Fiscal Year 2014/15 P417 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. • Landscape Maintenance District No. 7—City of Rancho Cucamonga 18 Fiscal Year 2014/15 a �'_ _, P418 �flri :.� e;1;1#.1 i s- ffi 1 iI A W ., i: y Fg} rl, 141412111110 1a t o CO c D o o_ ri at lit# co 73 W (n tr { ;:i I cp —..J :011 iiei i 'n i j ; Carnelian St Vineyard Av! I A N Hellman Av 5-11 1 Hellman Av Archibald Av Archibald Av Hermosa Av 1 0_1:t.,.. Hermosa Av Haven Av. ! Haven Av 1 I Milliken Av ._.—..—..—._i Milliken Av } j Rochester Av i r Rochester Av 01 —Day C Q V� I C) a) IEtiwanda Av • ~+ CD s • East Av t_.—..—.._..—..�--- o a o c° m CD CD oo s' A` N CD W $ 2 Cherry Av I' i+'• _ 0 cn K a a D rj v Cl)• v 0 n cn K wi. N V Landscape Maintenance District No. 7—City of Rancho Cucamonga 19 Fiscal Year 2014/15 P419 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment • Single Family Residential $307.05 2,834 2,834 $870,179.70 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Annexation Total Total Parcel Number Date Project Units/Acres EBUs. Property Type Single Family 0225-161-19, 32-34 6/19/2013 TR18744 30.00 30.00 Residential • • Landscape Maintenance District No. 7—City of Rancho Cucamonga 20 Fiscal Year 2014/15 P420 Preliminary Annual Engineering Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 8 (South Etiwanda) P421 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 Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III P422 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 8 District Budget Definitions of Budget Items Method of Assessment 11 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 14 Assessment Roll 16 Assessment Roll Annexations P423 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 8 (South Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 32,750.00 Plus Anticipated Delinquencies 1,000.00 Total Estimated Revenue $ 33,750.00 Plus Use of Operating Reserve Fund 2.110.00 Total Expenditure Budget $ 35,860.00 Total District EBU Count 216.22 Actual Assessment per EBU $ 151.45 Maximum Allowable Assessment per EBU $ 151.45 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 8—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P424 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report t and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. • Ihe Mark A. ` -.-r, irector of Engineering Services/City Engineer • Landscape Maintenance District No. 8—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P425 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No. 8—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P426 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 P427 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 1-210 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 been developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects 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. The west side of Brownstone PI. from Catalpa St. to 150 feet south of Catalpa St. Not including the frontage parkway at 6649 East Ave.. Ground Cover area: 10,355 square feet Turf area: 6,258 square feet Hardscape area: 4,050 square feet SE-2 The south side of Fisher Dr. from 361 feet east of East Ave. to 210 feet east of Starstone PI. Ground Cover area: 9,366 square feet Hardscape area: 4,074 square feet Landscape Maintenance District No. 8—City of Rancho Cucamonga 5 Fiscal Year 2014/15 • P428 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 Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. With a Majority Protest for the Proposition 218 Ballot Initiative in September 2010 the city stopped maintaining the north side of Fisher Avenue and reduced the service level to a B. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 8—City of Rancho Cucamonga 6 Fiscal Year 2014/15 ST/b1OZ JeaA le3s!d L e8uoweon0 otpuea jo A110—g 'oN loplsla aDueualulew adepspuei g 0.. w w a U w r��� w ZO ZO c 1- N H co QQ J cf W < v Q u) C > w i d a g a a O ® I 110 I I 1� rz I a h CO 94 O II Z II I / \ u) ,� � '" 2 1 N low II l'', O _I c.:41, co 'I (a 0 CD .., CD LY 1' ), ci. hil i • ci Q O o 0 I (N O 7,. lElliz 1[1!412700alif Z .g4ef7:E19 If i(fh� a$�ll Sf fyaf}i! AV 1SV3 OW 4221gligii F i°Qf iii ii TiO i@la I 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 2014/15 Budget Personnel Services Regular Salaries $ 1,520.00 Part-time Salaries 0.00 Fringe Benefits 710.00 Subtotal Personnel $ 2,230.00 Operations and Maintenance Operations and Maintenance $ 2,600.00 Emergency Equipment & Vehicle Rental 0.00 Contract Services 12,050.00 Tree Maintenance 4,300.00 Utilities Water Utilities 6,540.00 Electric Utilities 1,300.00 Assessment Administration 1,050.00 General Overhead 5,790.00 Subtotal Operations and Maintenance $ 33,630.00 Capital Expenditures Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 35,860.00 Total Estimated Assessment $ 32,750.00 Plus Anticipated Delinquencies 1,000.00 Total Estimated Revenues $ 33,750.00 Plus Use of Operating Reserve Fund 2,110.00 Total Expenditure Budget $ 35,860.00 Total Estimated Assessment $ 32,746.52 Total District EBU Count 216.22 Actual Assessment per EBU — Fiscal Year 2014/15 $ 151.45 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 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 8 Fiscal Year 2014/15 P431 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, 2014 Reserve Fund Balance $ 59,246.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (2,110.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 57,136.00 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Operations and Maintenance Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. 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. 8—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P432 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 Proiects: 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 10 Fiscal Year 2014/15 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. • Landscape Maintenance District No. 8—City of Rancho Cucamonga 11 Fiscal Year 2014/15 P434 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the Caryn Planned Community and were installed to create a common landscape theme and neighborhood identity for parcels within the Caryn Planned Community. The improvements are situated within the public rights-of-way of the internal local street network within the Caryn Planned Community which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit Landscape Maintenance District No. 8—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P435 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 Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Dwelling Unit Non-Residential 2.00 Acre or portion thereof Church 1.00 Acre or portion thereof 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 2014/15 maximum allowable assessment rates for the District: Property Type Maximum Allowable Actual Assessment Total Total (County Use Code) Assessment Rate Rate per EBU Units/Acres EBUs per EBU Single Family Residential $151.45 $151.45 188.00 188.00 Non-Residential $151.45 $151.45 13.61 27.22 Church $151.45 $151.45 1.00 1.00 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 13 Fiscal Year 2014/15 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. 8—City of Rancho Cucamonga 14 Fiscal Year 2014/15 Ili d. j -� Str= :4 laal.it/Iiii i; 1 411111i1111 DJ 1 ,J int i co c co a ; d 2# �. D o co W V) a� M1f .j,4 o0 o s •.0r .._L.._. i F�l 9 l l i e i (n W cti to r• 1 ili 1 i Iiiii Ili�, . Q Grove Av '_.._..__�.�.�.�..� %� _..�i i i i • - il Carnelian St Vineyard Av j I A s �, 1J i Hellman Av 9...•�`�~ ; Hellman Av I , Archibald Av ! ! Archibald Av i I Hermosa Av i I Hermosa Av i I Haven Av! i Haven Av i 1 i i i i i i Milliken Av I _.._.._.._.._.J Milliken Av • i i Fr••• Rochester Av ( I r -= L _ f i Rochester Av ra I . Day Creek B! !� I N. Vi i Etivianda Av ! _ Etivianda Av i ! N i 9. East Av(_._.._.._.._. __ i i D B ° all ? 0 co I l wF N I ro Z' .) ( Cherry Av ® I CD CD CD CD i _o tZ J CO r 3 P41. C) cn K Pik FE CO 0 Landscape Maintenance District No. 8—City of Rancho Cucamonga 15 Fiscal Year 2014/15 P438 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Maximum Allowable Maximum Property Type Assessment Rate Total Total Allowable (County Use Code) per EBU Units/Acres EBUs Assessment Single Family Residential $151.45 188.00 188.00 $28,472.60 Non-Residential $151.45 13.61 27.22 4,122.47 Church $151.45 1.00 1.00 151.45 TOTALS 202.61 216.22 $32,746.52 *"Actual Assessment Rate per EBU" is the same as "Maximum Allowable Assessment Rate Per EBU". 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 2014/15 Fiscal Year. Landscape Maintenance District No. 8—City of Rancho Cucamonga 16 Fiscal Year 2014/15 P439 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 9 (Lower Etiwanda) P440 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid.Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst III • P441 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 9 District Budget Definitions of Budget Items Method of Assessment 12 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 16 Assessment Roll 18 Assessment Roll Annexations P442 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 9 (Lower Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 171,480.00 Plus Anticipated Delinquencies 22,350.00 Total Estimated Revenue $ 193,830.00 Plus Use of Operating Reserve Fund 312,810.00 Total Expenditure Budget $ 506,640.00 • Total District EBU Count 2,143.56 Actual Assessment per EBU $ 80.00 Maximum Allowable Assessment per EBU $ 536.50 In making the assessments contained herein pursuant to the 1972 Act: L 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's • Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 9—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P443 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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 • . euer, Director of Engineering Services/City Engineer Landscape Maintenance District No. 9—City of Rancho Cucamonga 2 Fiscal Year 2014/15 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 upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No. 9—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P445 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 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 known as Lower Etiwanda, which is south of Victoria Street, north of Foothill Boulevard, generally east of Etiwanda Avenue and the 1-15 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 maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the• trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects 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: 7,244 square feet Hardscape area: 7,525 square feet 9-2 The west side of East Ave. from 339 feet north of Brookfield to 157 north of Brookfield. Brookfield from East Ave. to Oak Crest. The east side of Oak Crest to 137 feet north of Brookfield. Ground Cover area: 2,390 square feet Hardscape area: 6,874 square feet Landscape Maintenance District No. 9—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P447 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 of Dolcetto. The west side of Dolcetto from Miller to Garcia. The north side of Garcia from Dolcetto to Etiwanda Ave. Ground Cover area: 48,612 square feet Hardscape area: 28,746 square feet 9-5 The north side of Miller from 429 feet west of Dolcetto to 1029 feet west of Dolcetto. Ground Cover area: 6,519 square feet 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 9-8 The south side of Baseline from Etiwanda Ave. to Shelby. The Baseline median form 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 Candlewood St. from Exbury St. to Etiwanda Ave. Ground Cover area: 3,362 square feet Hardscape area: 786 square feet 9-10 The north side of Baseline form 522 feet east of Forester to 180 feet west of Frester. The Baseline median form 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 Ave. 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 Landscape Maintenance District No. 9—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P448 9-13 The south side of Carnesi Dr. from Etiwanda Ave. to 395 feet east of Murietta Ct. Ground Cover area: 8,919 square feet Hardscape area: 6,203 square feet 9-14 The west side of East Ave. from 665 feet north of Miller to Miller. The north side of Miller from East Ave. to 667 feet west of East Ave. Ground Cover area: 9,150 square feet Hardscape area: 16,226 square feet 9-15 The north side of Base Line Road from Shelby Place to 343 feet east of Shelby Place. Ground Cover area: 3,480 square feet Hardscape area: 4,638 square feet 9-16 The east side of Dolcetto PI. from Garcia Dr. to Via Veneto Dr. The south side of Via Veneto Dr. from Dolcetto PI. to East Av. The west side of East Av. from Via Veneto Dr. to 276 feet south of Via Veneto Drive. Ground Cover area: 16,310 square feet Hardscape area: 13,411 square feet FH-17 The Foothill Blvd. median from Etiwanda Ave. to Cornwell Ave. 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 7 Fiscal Year 2014/15 1 1 N P449 Landscape Maintenance District No. 9 Improvement Map y RA,..)(a11:010NG1 1 210 FW 1210 WEST RAMP It21C p yRP' I IIGHI AND A1/�{ICHLIt'Yr A' ,mar 1c45rS0 T- -J m j� 9-11 Y � - 437j -�-'f. � 9-12 +w Ira-4-" I ce 1 5111: 111 1..= ..i___ ==1111111R`./�+an '.w,�•we ° 1In" i Al. l t {tit a�t.� ku] { �.',I a ii /��.1,1i{7,ets: h 11 11 {, pltlt - // 11tH { {:i t l/ ills 111,4 „"f* 1111'✓ 9-13 ;Mill 111111111 /T11 / 11- Illtlf g 1 t Vsr, f .f/ ,1111 '1 11 111 I 1 VICI[RIASI -----'''' 111.4 ma .Ina i�- .. TT i 9-2G 9-1 0 �Q it Anv • 0. 5 P .:"D 4-- .. "-'....-,._ BASE LINE R9_16 910 Or 9B F- Q �,Q W O w Z \^' Q WATER METER 4 9SV 930 • IRRIGATION PUMP Q PE TRAIL CHURCH ST Ti • _° IRRIGATION LINE 9¢ MIL II-k'AV96 0 PARKS • 9-17 9-14 f ��� M LM D 9 .....• 9"' 9-16 Q MAJOR STREET 1 i FREEWAY ':'\ GA Ralimill#RK PARCELS VICTORIA GARDENS I ^�.. The heamaps.data and glop...informal,.Clucamoabon7 FOOTHILL BL T•^ i �a w • FH17 .•preserved s ,abon oregu guarantee gs to nil•wtment.n The City of Rancho Cucamonga makes no snobs no nty.rep,esenlafon or ooa antes as to In.confers. sequence,accts."completeness or timeliness of any Information provided lc you hereon.The us.s ho old not rely "... FH-171S IN LMD 9,BUT rpon the Infamation lot any le and is deeded lc Independently v.rtfy any and al Informatio n pt.anted herein lO MAINTAINED BY MARIPOSA The Cm of Rancho C us onanPa malice/•Ind walkout In.hon J �y1(.3 elsolOns Any and allreplesenttlons and wart....tncludr, but not inked to.the knplied bur.Nis 01 mercha nbbily and fitness for•particular purpose.The Cil•of Rancho Cucamonga shall nether accept nor At some any kaki/Ay.regardless of the causation for()any errors.ombs inns or Inaccuracies In any Information provided•n0101(ii)any action at Inaction wnio due to any Persons ratan c.upon the Mormahon .,.•Able harem ■ Landscape Maintenance District No. 9—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P450 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 2014/15 Budget Personnel Services Regular Salaries $ 162,100.00 Part-time Salaries 7,860.00 Fringe Benefits 77.030.00 Subtotal Personnel $ 246,990.00 Operations and Maintenance Operations and Maintenance $ 23,370.00 O & M/Computer Equipment 0.00 Cellular Technology 1,370.00 Emergency Equipment &Vehicle Rental 1,200.00 Contract Services 129,280.00 Tree Maintenance 28,500.00 Utilities Water Utilities 27,550.00 Electric Utilities 8,730.00 Assessment Administration 9,100.00 General Overhead 30.550.00 Subtotal Operations and Maintenance $ 259,650.00 Capital Expenditures Capital Outlay— Equipment $ 0.00 Capital Projects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 506,640.00 Total Estimated Assessment $ 171,480.00 Plus Anticipated Delinquencies 22,350.00 Total Estimated Revenue $ 193,830.00 Plus Use of Operating Reserve Fund 312,810.00 Total Expenditure Budget $ 506,640.00 Total Estimated Assessment $ 171,484.80 Total District EBU Count 2,143.56 Actual Assessment per EBU — Fiscal Year 2014/15 $ 80.00 Maximum Allowable Assessment per EBU — Fiscal Year 2014/15 $ 536.50 Landscape Maintenance District No. 9—City of Rancho Cucamonga 9 Fiscal Year 2014/15 P451 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, 2014 Reserve Fund Balance $ 2,229,795.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (312,810.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 1,916,985.00 The City has reserve funds that are more than sufficient to cover an estimated six months' worth of maintenance and servicing costs for the District. When there are excess funds in the District's reserve account, the excess can be used to lower the annual levy to property owners within the District. The City will continue to annually review the estimated costs and expenses for the District as well as reserve fund levels, in order to determine if future levies can be reduced as well. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Landscape Maintenance District No. 9—City of Rancho Cucamonga 10 • Fiscal Year 2014/15 P452 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: Capital Protects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Operating Reserve Collection: Operating Reserve Collection: This item includes the amount to be collected to maintain reserves to enable the City to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The Reserve Fund contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The fund may be allowed to accumulate in 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 11 Fiscal Year 2014/15 P453 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7(commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 9—City of Rancho Cucamonga 12 Fiscal Year 2014/15 • P454 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the Caryn Planned Community and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements 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. Landscape Maintenance District No. 9—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P455 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 Property Type (County Use Code) EBU Value Multiplier 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 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 reflects both the maximum allowable assessment and the actual assessment rates for each year since the formation of the district and the proposed assessment rate for fiscal year 2014/15 for the District: Fiscal Year Maximum Assessment per EBU Actual Assessment per 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 2007/08 476.76 387.94 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 2013/14 533.83 80.00 2014/15 536.50 80.00 • Landscape Maintenance District No. 9-City of Rancho Cucamonga 14 Fiscal Year 2014/15 P456 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning with Fiscal Year 2002/2003, the amount of the assessment for the District has increased 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. The Engineer shall compute the percentage difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The Fiscal Year 2014/15 actual assessment rate is reduced from the prior year due to the City having reserve funds that are more than sufficient to cover an estimated six months' worth of maintenance and servicing costs for the District. When there are excess funds in the District's reserve account, the excess can be used to lower the annual levy to property owners within the District. The City will continue to annually review the estimated costs and expenses for the District as well as reserve fund levels, in order to determine if future levies can be reduced as well. There will be no Cost of Living rate increase for Fiscal Year 2014/15. Landscape Maintenance District No. 9—City of Rancho Cucamonga 15 Fiscal Year 2014/15 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. 9—City of Rancho Cucamonga 16 Fiscal Year 2014/15 !l° p:�t�=; _ P458 t. : t ifiH ' 1 . ill! t t ( CU CD I!llhIiIiii I - r i o f n:9111 a V) x W 5 (n /•I r �'-i j1 1;1*ii, Grove Av ,_.._..__—._...L.� a /%' #6Qq�4}iz3`liig11 .i } j INI 419111 ; r ^� ~ :' I i ! Carnelian St Vineyard Av 1 , ,,� I Hellman Av �.� 1 Hellman Av I , Archibald Av ! � Archibald Av I ! Hermosa Av i Vi) 1 Hermosa Av i ! Haven Ay! i � Haven Av i i i i j j Milliken Av I ._.._.._.._.._.J Milliken Av I i Rochester Av i I r = i Rochester Av I \ Day Creek B1 ! w I i 2) Etiwanda Av Etiwanda Av j 1 CD East Av I.-------- \ i �, Z -co Ili r 1,J CD 'NI*. i a) es di Cher Av ti L i •o cn r o j — in �, 0 � C) CO Landscape Maintenance District No. 9—City of Rancho Cucamonga 17 Fiscal Year 2014/15 P459 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 maximum and actual assessments for the District: Actual Property Type Assessment Rate Total Total Actual (County Use Code) Per EBU Units/Acres EBUs Assessment Single Family Residential $80.00 1050.00 1050.00 $84,000.00 Multi-Family Residential 80.00 1,057.00 1,057.00 84,560.00 Non-Residential Improved 80.00 18.28 36.56 2,924.80 Vacant Property 80.00 0.00 0.00 0.00 TOTALS 2,125.28 2,143.56 $171,484.80 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 2014/15 Fiscal Year. Parcel Annexation Total Total Number Date Project Units/Acres EBUs Property Type Single Family 0227-012-24 1/16/2013 TR18826 8.00 8.00 Residential Single Family 1100-131-01 6/5/2013 TR18466 43.00 43.00 Residential Landscape Maintenance District No. 9—City of Rancho Cucamonga 18 Fiscal Year 2014/15 P460 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Landscape Maintenance District No. 10 (Rancho Etiwanda) P461 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 Tern William Alexander, Council Member Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Dean Rodia, Parks & Landscape Superintendent Christopher Bopko, Management Analyst Ill P462 TABLE OF CONTENTS Engineer's Letter 1 Introduction 3 Reason for Assessment Process for Annual Assessment Plans and Specifications 5 Description of the Boundaries of the District Description of Improvements and Services Map of Improvements Estimate of Costs 9 District Budget • Definitions of Budget Items Method of Assessment 12 General General Benefit Special Benefit Method of Assessment Spread Assessment Diagram 16 Assessment Roll 18 Assessment Roll Annexations P463 ENGINEER'S LETTER WHEREAS, on [Date], the City Council of Rancho Cucamonga, under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. [Res No], a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 10 (Rancho Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2014/15 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general . nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing 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 2014/15 Total Estimated Assessment $ 508,550.00 Less Anticipated Delinquency (10,690.00) Total Estimated Revenue $ 497,860.00 Plus Use of Operating Reserve Fund 103.660.00 Total Expenditure Budget $ 601,520.00 Total District EBU Count 786.00 Actual Assessment per EBU $ 647.01 Maximum Allowable Assessment per EBU $ 810.31 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. Landscape Maintenance District No. 10—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P464 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefitted Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, the Annual Engineer's Report, 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. liefe Mark A . .=, S erector of Engineering Services/City Engineer Landscape Maintenance District No. 10—City of Rancho Cucamonga 2 Fiscal Year 2014/15 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 upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the 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 Landscape Maintenance District No. 10—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P466 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, 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, o 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 meeting 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 the 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 4 Fiscal Year 2014/15 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 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 maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout Rancho Etiwanda. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble-shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement 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 Landscape Maintenance District No. 10—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P468 10-3 The west side of Day Creek from Wilson to 144 feet south of Clydesdale. The Day Creek median from Wislon to Banyan. Ground Cover area: 32,619 square feet Hardscape area: 10,983 square feet 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 west 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 Canon Place to Day Creek. The east side of Day Creek from Vintage to Banyan. The south side of Banyan from Day Creek. 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 Brooks tone 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 Landscape Maintenance District No. 10—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P469 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 10-13 The west side of Day Creek Blvd. from 340 feet south of Vintage Dr. to 915 feet south of Vintage. Ground Cover area: 27,416 square feet Hardscape area: 16,167 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. 10—City of Rancho Cucamonga 7 Fiscal Year 2014/15 - Landscape Maintenance District No. 10 r P470 Improvement Map ` 4.. Gt 01,r\61 • _ . .'.:::i'L--1 411 Vt. ., , .„_ockil,:\.—Abt , . r..... , ..,.. „/ A'' • - T1 - t '1-0.,,' .... A \ if,„/...7:-... .• ,. ..„,,..„. .. .„ . ,, .......„/„.„. ... . _ _..-.. .- , 4.„ rz,....... /4„›. .... „.„.., ... ._. .. .• 10'9 . rL`rL-1u-r 10-12 r ` CA...1 / • ; P■111 ti r`▪ � /////s- . r 11J ( h°10-21.p‘,/II SON AV ' 'ffinelt-------- 103 0 . 10-4 0 10-5 The maps,data and geographic nformabon 0Information') auaiabie by and through the City of Rancho Cucamonga I u presented as a pubic resource of general nformabon The City of Rancho Cucamonga maim nor implies no vorranty,r.pr.s.ntaton or guarari..w lo the cortent. sequence accuracy completeness or timeine..d any informabon provided to you hewn Th•users houw not r.4 upon the intormaton for any reason and is deonted to indep.nderily venty any and all Infermabon presented herein J Th.CM of Rancho Cucmonga expicly and without Irtytabon CO declaims any and all repro entaticns andwarrarien.noirdng. but not Ornfed to,Ore implied warranties of merchantability and w En fines.for a particular purpose The Cry of Rancho Cucamonga wA shat nether accept nor assume any iaalby.regard/as of the X causation for 0)any errors om.sio or naocurado n �� = any information provided andor Q)any action or inaction •a �,— occurring due to any persons retance upon the ntormabon 10-11. avalable herein G y - A- I ,10-7 10-6• 0 WATER METER IC IRRIGATION PUMP • PE TRAIL p 10-8 • IRRIGATION LINE PARKS * 10113 M LMD 10 BOUNDARY MAJOR STREET s210ON�c /��OOFRp • z10 rw� AINIMIIIII FREEWAY I•2:10lOFRP 1 210 0NRP �I PARCELS HIGHLAND AV Landscape Maintenance District No. 10—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P471 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 2014/15 Budget Personnel Services Regular Salaries $ 150,180.00 Overtime Salaries 1,050.00 Part-time Salaries 27,590.00 Fringe Benefits 74,330.00 Subtotal Personnel $ 253,150.00 Operations and Maintenance Operations and Maintenance $ 23,100.00 Operations and Maintenance/Facilities 4,000.00 O & M/Computer Equipment 0.00 Cellular Technology 0.00 Emergency Equipment&Vehicle Rental 500.00 Emergency Operations and Maintenance 1,000.00 Contract Services 119,880.00 Contract Services/Facilities 2,000.00 Tree Maintenance 15,000.00 Utilities Water Utilities 97,730.00 Electric Utilities 31,690.00 Assessment Administration 4,260.00 General Overhead 49,210.00 Subtotal Operations and Maintenance $ 348,370.00 Capital Expenditures Capital Outlay— Equipment $ 0.00 Capital Proiects $ 0.00 Subtotal Capital Expenditures $ 0.00 Total District Expenditure Budget $ 601,520.00 Total Estimated Assessment $ 508,550.00 Less Anticipated Delinquency Penalty (10,690.00) Total Estimated Revenue $ 497,860.00 Plus Use of Operating Reserve Fund 103,660.00 Total Expenditure Budget $ 601,520.00 Total Estimated Assessment $ 508,549.86 Total District EBU Count 786.00 Actual Assessment per EBU —Fiscal Year 2014/15 $ 647.01 Maximum Allowable Assessment per EBU —Fiscal Year 2014/15 $ 810.31 Landscape Maintenance District No. 10—City of Rancho Cucamonga 9 Fiscal Year 2014/15 • P472 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, 2014 Reserve Fund Balance $ 839,304.00 Use of Operating Reserve Fund — Fiscal Year 2014/15 (103,660.00) Operating Reserve Contribution — Fiscal Year 2014/15 0.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund Balance $ 735,644.00 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 Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. 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. Landscape Maintenance District No. 10—City of Rancho Cucamonga 10 Fiscal Year 2014/15 P473 Utilities - Electric: This item includes the costs to furnish electricity required for the operation and maintenance of the sprinklers and irrigation controllers. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual engineer's report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all departments and staff of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational assessment district within the City's administrative structure. Capital Expenditures: Capital Projects: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. 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 11 Fiscal Year 2014/15 P474 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 may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7(commencing with Section 5000) [of the Streets and Highways Code, State of California]." The 1972 Act also permits the designation of zones of benefit within any individual assessment district if"by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 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. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. Landscape Maintenance District No. 10—City of Rancho Cucamonga 12 Fiscal Year 2014/15 P475 In this Assessment District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements 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. Landscape Maintenance District No. 10—City of Rancho Cucamonga 13 Fiscal Year 2014/15 P476 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 IProperty Type (County Use Code) EBU Value Multiplier 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 summarizes the Fiscal Year 2014/15 maximum allowable assessment rates for the District: Maximum Allowable Property Type Assessment Rate Actual Assessment Total Total (County Use Code) per EBU Rate per EBU Units/Acres EBUs Single Family Residential $810.31 $647.01 786.00 786.00 The following table reflects both the maximum allowable assessment and the actual assessment rates for each year since the formation of the district and the proposed assessment rate for fiscal year 2014/15 for the District: Landscape Maintenance District No. 10—City of Rancho Cucamonga 14 Fiscal Year 2014/15 P477 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 2010/11 771.79 616.20 2011/12 771.79 616.20 2012/13 787.94 616.20 2013/14 806.28 616.20 2014/15 810.31 647.01 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator • Each fiscal year beginning with Fiscal Year 2002/2003, the amount of the assessment for the District has increased 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. The Engineer shall compute the percentage difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. If for any reason the percentage change is negative the maximum allowable assessment would not be decreased by reason of such negative percentage change and would remain at the amount as computed on the previous fiscal year regardless of any CPI adjustment. The annual assessment cannot exceed the actual costs to operate the District in any given year. If operating costs are such that the maximum assessment amount is not needed, the City would levy only what is needed for that year. The actual assessment rate for Fiscal Year 2014/15 will increase from $616.20 to $647.01 per single-family residence, a rate increase of 5% as compared to Fiscal Year 2013/14. Landscape Maintenance District No. 10-City of Rancho Cucamonga 15 Fiscal Year 2014/15 P478 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 16 Fiscal Year 2014/15 fit°Wi;:tt=t P479 41t itte0.1. Y.-T:6..4 tli 44111 � 'fa''- : W 2 s 113.0111111 CD !dt1!! l D o v 0 ._ ['� l._ 011141; i, „ I 9ppg 7 i r 1al1 aiitin1 ?^�.. i, j i 1 Carnelian St Vineyard Av j I =, s i Hellman Av I.. i Hellman Av Archibald Av! ! `I I Archibald Av !. ! Hermosa Av Hermosa Av ! Haven Av • }' � Haven Av i i•i 1 1 i 1 j Milliken Av i L) _._.._.._.._.._.J Milliken Av Rochester Av 1_, i a) _j Rochester Av Z I .._.. Q. ti { '` eek _Bf ! n i I] a Etiwanda Av ! _ i Etiwanda Av j CD 9 East Av!_.._.._.._.._ I > 71 Z $ co I —I o I CD J r IN, 1 ! 01 m Z cn 0 1�.` m i_._•._•._.. C') `:) (r� Cherry Av i _ CD c) co ! N d,' \ 0 O :. 0 n H.. cn rD Oyi Landscape Maintenance District No. 10—City of Rancho Cucamonga 17 Fiscal Year 2014/15 P480 ASSESSMENT ROLL Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2014/15 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 2014/15 actual assessment for the District: Actual Property Type Assessment Rate Total Total Actual (County Use Code) Per EBU Units/Acres EBUs Assessment Single Family Residential $647.01 786.00 786.00 $508,549.86 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations Annexation Total Total Parcel Number Date Project Units/Acres EBUs Property Type 0225-161-19, 32- 34 6/19/2013 TR18744 30.00 30.00 Single Family Residential 0225-161-13 11/6/2013 TR18709 12.00 12.00 Single Family Residential Landscape Maintenance District No. 10—City of Rancho Cucamonga 18 Fiscal Year 2014/15 P481 STAFF REPORT V ADMINISTRATIVE' SERVICES GROUP RANCHO CUCAMONGA Date: July 16, 2014 To: Mayor and Members of the City Council John R. Gillison, City Manager �/� From: Lori E. Sassoon, Deputy City Manager �l/ By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORTS TO INITIATE PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS, PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORT, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2014/15 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATES FOR FY 2014/15 IS PROPOSED OR PERMITTED. RECOMMENDATION: It is recommended that City Council approve the Resolutions ordering the preparation of the Annual Engineer's Reports to initiate proceedings to levy annual assessments, preliminarily approve the Annual Engineer's Report, 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 2014/2015. 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, with periodic capital improvement expenditures, of the parks. Therefore, pursuant to the Landscape and Lighting Act of 1972, each year the City Council must adopt resolutions initiating proceedings to levy the assessments, approve the Annual Engineer's Report and declare its intention to levy and collect assessments for the upcoming fiscal year. P482 CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF PAGE 2 THE ANNUAL ENGINEER'S REPORTS TO INITIATE PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS,PRELIMINARILY APPROVE THE ANNUAL ENGINEER'S REPORT, DECLARING THE CITY COUNCIL'S INTENTION TO LEVY ANNUAL ASSESSMENTS \WTI-YIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL. YEAR 2014/15 AND SETTING THE TIME AND PLACE FORA PUBLIC HEARING THEREON. NO INCREASE OF ASSESSMENT RATE FOR FY 2014/15 IS PROPOSED OR PERMITTED. JULY 16,2014 For several years, PD 85 has been running at a deficit as expenses for utilities and maintenance of expenses have increased. However, rates for this district cannot be increased without a Proposition 218 Ballot Initiative. This ballot process is required if property owners want to approve a rate increase to maintain their level of service. Over the last year, City staff has engaged the community with a public outreach program and phone survey to inform property owners about the status of their West-Side parks, landscaping and lighting districts and to determine their willingness to approve redistricting with new rate structures to meet the fiscal challenges of the districts. The results of the January 2014 phone survey revealed that property owners were generally pleased with the City's management of the districts and facilities, but were not ready to support the proposed West-Side district structure and its related assessments. Therefore, a set of budget-balancing measures has been implemented that is adequate in the near term to bring revenues and expenditures nearly into alignment. The measures include staff reductions, expanding the use of contract mowing services, reducing the maintenance of site amenities (lights, playgrounds, sand, etc.) to the most basic levels, naturalizing additional turf areas at Red Hill and Heritage Parks, and providing less direct support to sports groups using sports fields. The lake at Red Hill Park is a major maintenance expense, and has been drained and fenced as an interim measure while the City explores more cost-effective operational options. Support for equestrian activities at Heritage Park has been reduced to minimal levels. While these reductions nearly closes the near term budget gap in PD 85, it is only for a limited amount of time. As costs for water, electricity, and contract services rise over time, and assessment district revenues continue to stay flat, the City will need to revisit either revenue measures or additional reductions in the future. It is anticipated that at the conclusion of the public outreach effort in January 2015, this matter will come back to the City Council to evaluate the results and determine the next steps for the district. Assessments for PD-85 will be levied according to the following schedule: Definition Assessment per Parcel Single Family Residential $31.00 Multi-Family Residential $31.00 Less than 1.50 acres $15.50 1.51 acres to 3.50 acres $46.50 3.51 acres to 7.00 acres $108.50 7.01 acres to 14.00 acres $217-00 14.01 acres to 25.00 acres $434.00 25.01 acres and larger $775.00 • Attachments Resolutions Engineer's Report P483 RESOLUTION NO. 14-121 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 2014/15 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; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2014, and ending June 30, 2015 ("Fiscal Year 2014/15"). 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 2014/15. 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. P484 PASSED, APPROVED AND ADOPTED this day of July, 2014 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P485 RESOLUTION NO. 14-122 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 2014/15 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 2014/15 (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 1. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer's Reports. The Annual Engineer's Report for the District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2014/15; C. A diagram for the District, showing the area and properties proposed to be assessed; and P486 D. An annual assessment for Fiscal Year 2014/15 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 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P487 RESOLUTION NO. 14-123 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 2014/2015 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 (the "District"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2014/15, 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 2014/15 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 2014/15 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 2014/15 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, P488 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 2014-2015, 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 6th day of August, 2014, 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. • P489 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 91730 (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 July, 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk P490 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 P491 Preliminary Annual Engineer's Report Fiscal Year 2014/2015 City of Rancho Cucamonga Parks and Recreation Improvement District No. PD-85 er. .-r, Director of Engineering Services/City Engineer P492 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 Marc Steinorth, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Linda D. Daniels, Assistant City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services William Wittkopf, Public Works Director Ingrid Y. Bruce, GIS/Special Districts Manager Christopher Bopko, Management Analyst III P493 TABLE OF CONTENTS Authority for Report 1 Findings 1 District Analysis 2 Estimate of Work 3 Method of Spread 6 Annexations 7 Boundary Map 7 P494 AUTHORITY FOR REPORT This report for the 2014/2015 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 bases of benefit, they are considered a user's fee, not a tax; and, therefore, are not governed by Article XIIIA. Properties owned by public agencies, such as a city, county, state, or the federal governments is not assessable without the approval of the particular agency and, normally, are not assessed. Certain other parcels used for railroad mainline right-of-way, public 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. Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 1 Fiscal Year 2014/15 P495 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 citizens facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, sanitary sewer connections and onsite drainage inlets. Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 2 Fiscal Year 2014/15 P496 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: Personnel Services Regular Salaries $377,810.00 Overtime Salaries 3,680.00 Part Time Salaries 0.00 Fringe Benefits 176.790.00 Subtotal $558,280.00 Operations & Maintenance Operations & Maintenance $74,310.00 Operations & Maintenance — Facilities 2,500.00 Vehicle Operations & Maintenance 0.00 Emergency Equipment &Veh. Rntl 0.00 Equip Operations & Maint. 8,000.00 Contract Services 84,710.00 Contract Services/Facilities 0.00 Tree Maintenance 18,200.00 Telephone Utilities 7,860.00 Water Utilities 138,410.00 Electric Utilities 93,330.00 Assessment Administration 153,430.00 Admin./General Overhead 115,780.00 Subtotal $696,530.00 Capital Outlay Capital Outlay— lmprov. Other than Bldg 0.00 Subtotal 0.00 Total PD-85 Expenditure Budget $1,254,810.00 Operating Reserve Contribution 1,370.00 Projected Revenue (includes projected $1,256,180.00 delinquencies and interest & penalties) Total District Assessment $1,153.360.00 Total District Parcel Count 27,457 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 Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 3 Fiscal Year 2014/15 P497 balance and maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City of Rancho Cucamonga to maintain an Opening 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, 2014 Reserve Fund $603,383.00 Use of Operating Reserve — Fiscal Year 2014/15 0.00 Operating Reserve Contribution — Fiscal Year 2014/15 1,370.00 Estimated Fiscal Year Ending June 30, 2015 Reserve Fund $604,753.00 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. 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 Parks and Recreation Improvement District No. PD-8S—City of Rancho Cucamonga 4 Fiscal Year 2014/15 P498 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 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—City of Rancho Cucamonga 5 Fiscal Year 2014/15 P499 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 are those parcels listed by the County Assessor's as exempt and/or which have an assessed value of less than $500. B. Formula The assessment formula is based on actual land use information contained in the current San Bernardino Assessor's computer files and Assessor's parcel maps. Category A: All parcels containing existing residential dwelling units and meeting the following conditions. Parcel Size/Range Dwelling Units/Parcel Less than 1.5 Acres and 1 or more dwelling units 1.51 to 3.5 Acres and 2 or more dwelling units 3.51 to 7.0 Acres and 4 or more dwelling units 7.01 to 14.0 Acres and 8 or more dwelling units 14.01 to 25 Acres and 15 or more dwelling units 25.01 Acres and larger 26 or more dwelling units Category A is based on the number of existing residential units. Category B: All parcels not defined in Category A or Category C. Category C: All exempt parcels as defined below: 1. All properties currently tax exempt; 2. All public ownership; Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 6 Fiscal Year 2014/15 P500 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 2014/2015, is $31.00 per residential dwelling unit for those parcels in Category A. Category A parcels containing more than one residential dwelling unit will be assessed for an amount equal to $31.00 times the number of residential dwelling units. Category B: The assessment, which may be levied for parcels within Category B during fiscal year 2014/2015, 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. Annexations There were no annexations effective for the 2014/15 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 of this Engineer's Report. Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 7 Fiscal Year 2014/15 P501 iiiirptlt C7 2 co )11 1"1111 i ; :!ii X11112 Q 51 i C)-n '110/0 a o °; 0 a • 0/1 L c0 o 5 CD co 111111!;111 = r ;t,"° Grove Av W x cn :1101, e! a 1' ili_ lilili Carnelian St Vineyard Av rn J S S 0) Hellman Av Q Hellman Av Archibald Av Archibald Av Hermosa Av Hermosa Av Haven Av Haven Av Milliken Av t Milliken Av iippma Rochester Av w� , Rochester Av NE A Da Creek Bli \:::■ ( S 'Lib Etiwanda Av Etiwanda Avi • 0 East Av 11111160,k i N > m oo\N i VIi o N 0 o m i s - w r �� i 0 0 i_ri 2 E''� Cher Av aI� �..---.._._.. O Q . V - : N .. P D Q o (Jl v 3. 0 in CO (.J1 N Out Parks and Recreation Improvement District No. PD-85—City of Rancho Cucamonga 8 Fiscal Year 2014/15 P502 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT HO Date: July 16, 2014 CUUCCANMONGA 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 Inge Tunggaldjaja, Management Analyst I Subject: APPROVE AMENDMENT NO. 002 TO RENEW CONTRACT (CO12-102) WITH UTILIQUEST WITH A FEE INCREASE EFFECTIVE JULY 1, 2014 THROUGH JUNE 30, 2015 FOR UNDERGROUND MARKING SERVICES AS APPROVED IN THE FY 2014/2015 BUDGET, IN AN AMOUNT NOT TO EXCEED $64,000 TO BE FUNDED FROM 1001318-5300 (STREET MAINTENANCE), 1124303-5300 (TRANSPORTATION), AND 1170303-5300 (GAS TAX 2105/PROP 111) RECOMMENDATION It is recommended that the City Council approve Amendment No. 002 to renew contract (C012-102) with UtiliQuest with a fee increase effective July 1, 2014 through June 30, 2015 for underground marking services as approved in the FY 2014/2015 budget, in an amount not to exceed $64,000 to be funded from 1001318-5300 (Street Maintenance), 1124303-5300 (Transportation), and 1170303- 5300 (Gas Tax 2105/Prop 111). BACKGROUND/ANALYSIS The City has contracted with UtiliQuest to locate and mark our underground infrastructure for the Rancho Cucamonga Municipal Utility (RCMU), fiber optic systems, and traffic signals. All underground city-owned infrastructure is required to be clearly identified and protected from potential damage as a result of excavation prior to roadway repairs or other construction activities. UtiliQuest has submitted a letter of intent to renew, wishing to continue service with a 1.4% rate increase for Fiscal Year 2014/15, which is based on the Consumer Price Index for April 2014. The last increase for this contract was 3.5% in fiscal year 2007/2008 (six years ago). UtiliQuest has provided excellent customer service and readily attends to our requests in a timely manner. Public Works Services is pleased with UtiliQuest's locating and marking services and recommends the contract renewal. Respectfully submitte , William Wittkopf Public Works Services Director WW:ER:it 1_ 03 STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT Date: July 16, 2014 RANCHO To: Mayor and Members of the City Council CUCAMONGA President and Members of the Board of Directors John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Paul Fisher, Management Analyst I Subject: APPROVE AMENDMENT NO. 001 TO RENEW CONTRACT CO13-210 WITH COMMERCIAL CLEANING SYSTEMS (CCS) OF COSTA MESA, CALIFORNIA, INCLUDING A FEE INCREASE EFFECTIVE JULY 1, 2014 TO JUNE 30, 2015 FOR CITYWIDE JANITORIAL SERVICES AS APPROVED IN THE FY 2014-2015 BUDGET IN AN AMOUNT NOT TO EXCEED $480,000 FOR CITY AND $20,000 FOR FIRE DISTRICT TO BE FUNDED FROM 1 001 31 2-5 304 (FACILITIES MAINTENANCE), 1700312-5304 (SPORTS COMPLEX), AND 3281529-5300 (FIRE FACILITIES MAINTENANCE) RECOMMENDATION It is recommended that the City Council approve Amendment No. 001 to renew contract CO13-210 with Commercial Cleaning Systems (CCS) of Costa Mesa, California, including a fee increase effective July 1, 2014 to June 30, 2015 for Citywide Janitorial Services as approved in the FY 2014- 2015 budget in an amount not to exceed $480,000 for City and $20,000 for Fire District to be funded from 1001312-5304 (Facilities Maintenance), 1700312-5304 (Sports Complex), and 3281529-5300 (Fire Facilities Maintenance) BACKGROUND/ANALYSIS The City Council approved a competitively bid contract, CO13-210, with Commercial Cleaning Systems (CCS) of Costa Mesa, California on August 21, 2013. CCS has submitted a Letter of Intent to renew the contract and is requesting a nine percent increase in contract rates for FY 2014-2015. Subsequent to CCS entering into this contract, Assembly Bill 10 was approved by the Legislature and signed by the Governor on September 25, 2013. AB 10 raised the minimum wage in California to nine dollars per hour effective July 1, 2014. Labor costs represent about ninety-three percent of Commercial Cleaning System's proposed FY 2014-2015 contract rates for providing Citywide Janitorial Services. As the cleaning crews consist predominantly of minimum wage earners, this State mandated wage hike increased their labor costs to provide janitorial services approximately ten percent. The requested fee increase is to mitigate these increased labor costs. Commercial Cleaning Systems has provided an acceptable level of service during the past year and staff recommends the Council authorize a one-year contract extension for fiscal year 2014-2015. Re ctfull subm' ted, OH William Wittkopf k Public Works Services Director BW:TQ:pf P504 STAFF REPORT tgat PUBLIC WORKS SERVICES DEPARTMENT L Date: July 16, 2014 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 Analyst I Subject: APPROVE AMENDMENT NO. 002 TO RENEW CONTRACT (CO 09-220) WITH SIEMENS INDUSTRY, INC., ON A MONTH-TO-MONTH BASIS WITH A FEE INCREASE EFFECTIVE JULY 1, 2014 AND CONSISTENT WITH THE ORIGINAL COMPETITIVE BID PROCESS FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE AS APPROVED IN THE FY 2014-2015 BUDGET IN AN AMOUNT NOT TO EXCEED $598,190 TO BE FUNDED FROM ACCOUNT NUMBER 1177303-5300 (MEASURE I 2010-2040) RECOMMENDATION It is recommended that the City Council approve Amendment No. 002 to renew contract (CO 09- 220) with Siemens Industry, Inc., on a month-to-month basis with a fee increase effective July 1, 2014 and consistent with the original competitive bid process for Citywide Traffic Signal Maintenance as approved in the FY 2014-2015 budget in an amount not to exceed $598,190 to be funded from account number 1177303-5300 (Measure I 2010-2040). BACKGROUND/ANALYSIS On June 3, 2009, City Council awarded a competitively bid contract to Siemens Industry, Inc., to provide Citywide Traffic Signal Maintenance. The contract was awarded for a one (1) year term and may be extended on a year-to-year basis by agreement of the City Manager and the contractor for one (1) year periods beginning July 1, 2010. The Citywide Traffic Signal maintenance contract consists of routine and extra ordinary maintenance of our traffic signal system. Routine maintenance is for regular preventative maintenance including, but not limited to, a complete inspection and service of each signalized intersection, flashing crosswalk, signalized crosswalk and flashing school beacon once a month. The extra ordinary maintenance work is typically caused by any of the following: natural causes, vehicle collisions, vandals, excavation or resurfacing of the streets, power failures or underground wire damage. Examples of traffic signal repairs include: replacement of damaged traffic signal cabinets, replacement of downed main signal poles, repair damaged traffic loops, rewire intersections with new cable and conductors, replace emergency vehicle preempt equipment, and/or replace uninterrupted power supply equipment. Fiscal year 2014-2015 will be the sixth year of the contract. The contractor has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga on a month-to-month basis and requested a 1.4% increase in contract rates which is based on the Consumer Price Index for April 2014. This is the first request for a rate adjustment since the contract was originally awarded in June 2009. CITY COUNCIL STAFF REPORT P505 RE:CITYWIDE TRAFFIC SIGNAL.MAINTENANCE CONTRACT(CO 09-220)RENEWAL WITH SIEMENS INDUSTRY,INC. JULY 16,2014 PAGE 2 Siemens Industry Inc. has provided good service during the last year and staff is requesting this contract be extended on a month-to-month basis in preparation for a formal bid process to be conducted in FY 2014-2015. The request for permission to advertise the Notice Inviting Bids is scheduled to be brought to the City Council in August 2014 with an award anticipated by November 2014. The contract with Siemens Industry Inc. will be terminated following the award of the new contract. Respectfully ubmitted, William Wittkopf ' Public Works Services Director BW:ER/pf P506 • STAFF REPORT i � Public Works Services Department LJ Date: July 16, 2014 r RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Superintendent Kenneth Fung, Assistant Engineer Subject: RELEASE OF MAINTENANCE BOND NO. SBA-800172 IN THE AMOUNT OF $22,632.60 FOR THE SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT, CONTRACT NO. CO 13-014 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Maintenance Bond No. SBA-800172 in the amount of $22,632.60, for the Sports Complex Clarifier Replacement Project, Contract No. CO 13-014. BACKGROUND/ANALYSIS On January 16, 2013, the Council awarded a contract to New Legacy Development Corporation for the Sports Complex Clarifier Replacement Project and accepted the project as complete on July 17, 2013, The projects scope of work consisted of the removal and replacement of the existing clarifier in the Sports Complex plus related work. The previous clarifier had deteriorated to the point where it was a hazard. Personnel and vehicles were not permitted within a certain distance of the previous clarifier due to its unstable condition. The replacement clarifier and its cover slab are both comprised of steel reinforced concrete which will withstand the weight of a loaded dump truck. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: New Legacy Development Corporation P.O. Box 1917 Rancho Cucamonga, CA 91729 Resubm ed, William Wittkopf Public Works Services Director WW:TQ/kf P507 STAFF REPORT ENGINEERING SERVICES DEPARTMENT J Date: July 16, 2014 RANCHO CUCAMONGA 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 6g Shelley Hayes, Assistant Engineej4} Subject: ACCEPT THE FY 2012/2013 SIDEWALK IMPROVEMENTS FOR BUS STOPS AT 51 LOCATIONS, CONTRACT NO. 13-294 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 $150,758.95 AND APPROVE A RESOLUTION TO AUTHORIZE THE CITY ENGINEER TO FILE A CLAIM FOR THE REIMBURSEMENT OF APPROVED SANBAG FUNDING FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3, 20% TRANSIT ACCESS FUNDS RECOMMENDATION It is recommended that the City Council accept the FY 2012/2013 Sidewalk Improvements for Bus Stops at 51 Locations, Contract No. 13-294, 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 $145,100.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $7,305.39, thirty-five days after acceptance. Also approve the final contract amount of $150,758.95. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The FY 2012/2013 Sidewalk Improvements for Bus Stops at 51 Locations scope of work consisted of the installation of PCC bus pads, sidewalk, retaining curb, curb & gutter, access ramps and all other items required by the plans and specs. Pertinent information of the project is as follows: • Budgeted Amount: $169,610.11 Account Numbers: 1190303-5650/1823190-0 and 1214303-5650/1823214-0 > City Council Approval to Advertise: September 4, 2013 Publish dates for local paper: September 10 and 17, 2013 • Bid Opening: October 15, 2013 • Contract Award Date: November 6, 2013 • Low Bidder: New Legacy Development Corp. > Contract Amount: $145,100.10 > Contingency: $14,510.01 > Final Contract Amount: $150,758.95 • Difference in Contract Amount: $5,658.95 (3.9%) P508 CITY COUNCIL STAFF REPORT-ACCEPT FY 2012/2013 SIDEWALK IMPROVEMENTS July 16, 2014 Page 2 The net increase in the total cost of the project is a result of three Contract Change Orders, including the Balancing Statement. The notable changes that were significant to the increase of the Contract amount were additional retaining curb and gutter linear footage than originally bid; and extra work at bus stops 25, 36, 37 and 43. The Balancing Statement accounted for these quantity changes and other minor increases and decreases in the bid quantities. The San Bernardino Associated Governments (SANBAG) Board of Directors approved funding from the transportation Act (TDA) Article 3, 20% Transit Access Funds for the subject project. The TDA, Article 3 funds are made available for projects that improve access to transit stops for pedestrian and persons with disabilities. The TDA Article 3 award is considered a grant, and is paid through a reimbursement process upon completion of the project. Respectful) submitted, 01.1131S6 Director of Engineering Services/City Engineer MAS/CB/SH:Is • Attachment . . P509 VICINITY MAP SIDEWALK IMPROVEMENTS FOR BUS STOPS AT 51 LOCATIONS FY 12/13 PROJECT Project Sites • .---,-.2.-. I- /1g 75. i < --, ;: I ../).:•-'pCN I Almon ,__ r,,7.; ,. - 1-73--\- •---- W7 Hillside R ,en' • - 4. n f''1` lt' m - -r'_^4 ►`,�' v ' .' I m Ci:I t 4 .. ?-;El i®®1 � `^ g_ 1Lr-?1,•d w..L.i.._"rk�t. Wilson Av ;� -,..r.....,,.,,:. Banyan St: -� - ':_; itt,®5551- ; ' ,,_, Ce 0 "�®-� f� i '-� RI�®migno1� 110 1 i 210 Freeway 19th St 11 ! sour ID°!°erer � + 1,` -, _Highland Av,EN" ,i,::..:,",.1 giN-i, ;eigio,L,Lim,,,,,...-_,14;si.-war Base.Line.Rd1 , ,7 r.,.. ..' " °'� .7.47.4.Lie1,Rd i at ,Foothi1`P �- la Arlin L oathill.1-t- ArrowR4 �i"' 1:Arrow Fit 10 Freeway id_ iqy ',N*�� p�;1 F'1 •— _••— v :Ath t I�®'ti® Q _.,, ; �, 4th St C7 .i: ! : r I - .- •- � -10 Freeway E � .Y � - _• a' _ _ a ,+'' U. I i P510 RESOLUTION NO. 14-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2012/2013 SIDEWALK IMPROVEMENTS FOR BUS STOPS AT 51 LOCATIONS CONTRACT NO. 13-294 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, Left turn pocket extension on FY 2012/2013 Sidewalk Improvements for Bus Stops at 51 Locations, Contract No. 13-294, 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. Resolution No. 14-124 — Page 1 of 1 P511 RESOLUTION NO. 14-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO FILE A CLAIM FOR THE REIMBURSEMENT OF APPROVED SANBAG FUNDING FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3, 20% TRANSIT ACCESS FUNDS FOR THE FY 2012/2013 SIDEWALK IMPROVEMENTS FOR BUS STOPS AT 51 LOCATIONS WHEREAS, the FY 2012/2013 Sidewalk Improvements for Bus Stops at 51 locations, Contract No. 13-294, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion has been filed, certifying the work complete. NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves, authorizing the City Engineer to file a claim for the reimbursement of approved SANBAG funding from the Transportation Development Act (TDA) Article 3, 20% Transit Access Funds. Resolution No. 14-125- Page 1 of 1 P512 STAFF REPORT = ENGINEERING SERVICES DEPARTMENT Date: July 16, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walt Stickney, Associate Engineer(, Subject: APPROVAL OF AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE ACQUISITION OF RIGHT OF WAY LOCATED ON PROPOSED WILSON AVENUE IN THE CITY OF RANCHO CUCAMONGA (APNS: 0225-131-05, -06, 07; 1087-081-29, -30; 0226-101-01) NEEDED FOR THE WILSON AVENUE EXTENSION PROJECT AND APPROVAL OF AN APPROPRIATION IN THE AMOUNT OF $38,600 TO ACCOUNT NO. 11243035650/1515124-0 FROM TRANSPORTATION FUND BALANCE RECOMMENDATION It is recommended that the City Council approve the Agreement for Acquisition of Real Property and Joint Escrow Instructions with San Bernardino County Flood Control District ("San Bernardino Flood Control"), authorize the City Manager to sign the agreement on behalf of the City, and approve the appropriation of $38,600 to Account No. 11243035650/1515124-0. BACKGROUND/ANALYSIS On or about February 5, 2014, City Council approved the appraisal prepared by Riggs and Riggs, Inc. for the acquisition of right of way from the unimproved property located at the northern boundary of the proposed Wilson Avenue, which is needed as part of the Wilson Avenue Extension and Rehabilitation Project ("Project.") The Project requires the acquisition of permanent highway, permanent slope, and permanent slope and drainage easements along the northern boundary of the future Wilson Avenue extension. At that time, Council also authorized staff and the City Attorney's office to proceed with negotiations with San Bernardino Flood Control to acquire the needed property rights. Staff tendered an offer to San Bernardino Flood Control, on March 6, 2014 by mail in the amount of $38,100, the estimated just compensation as outlined in the approved appraisal. On or about April 9, 2014, Ms. Marilee J. Rendulich, Real Property Manager, on behalf of San Bernardino Flood Control submitted a counter offer of$38,600, which is $500 more than the appraised value for the property interests. The basis for the counter offer was that Ms. Rendulich believed there was insufficient information regarding the nature and extent of one of the easements encumbering the property. However, the City recommends that City Council approve the counter offer of$38,600. Approval of the Agreement for Acquisition of Real Property and Joint Escrow Instructions will ratify the agreement to purchase the necessary right of way and allow staff to proceed with opening escrow and completing the purchase of the property interests for the Project. P513 CITY COUNCIL STAFF REPORT - Purchase and Sale Agreement (San Bernardino Flood Control) July 16, 2014 Page 2 The agreement has been reviewed and approved as to form by the City Attorney's office. Respectfully submitted, OPP" Mark A. Ste er - - •r'o Engineering Services/City Engineer MAS/WS:Is Attachments: Vicinity Map P514 ... I ,----------.._. ..__.i i ...__d_...- �.__. 1 .� I I k E, =I1IIIII - ' Why %IOW :i IL. .. �. i� (yi in µUPC��nt V4 mii 1 'aa � ei. ,stus_i`'1,,a l�r Ing�a°.. ...� '1111116 ,r.„ Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. aj C. ii I/ 3i i E1 j WI ON AV 1 SON AV %i. _---T---------r--- -1"---- --'j- — --. ,) - k, Yri 0 Y' BANYANJST ) I ' }i- �ai _ 210 FW 1 210 �__ wi til VICTORIA Vicinity Map Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. P515 STAFF REPORT *4* ENGINEERING SERVICES DEPARTMENT Date: July 16, 2014 RANCHO CUCAMONGA 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 Shelley Hayes, Assistant Engineer fr Subject: ACCEPT THE DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS FROM BASE LINE ROAD TO HIGHLAND AVENUE, CONTRACT NO. 13-130, 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$214,425.67 RECOMMENDATION It is recommended that the City Council accept the Deer Creek Channel Bike Trail Improvements from Base Line Road to Highland Avenue, Contract No. 13-130, 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$218,479.80 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $10,721.28, thirty five days after acceptance. Also approve the final contract amount of$214,425.67. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Deer Creek Channel Bike Trail Improvements from Base Line Road to Highland Avenue scope of work consisted of clearing and grubbing, AC pavement, slurry seal, pipe gates, guard posts, chain link fence, mow curbs, signing and striping. Pertinent information of the project is as follows: • Budgeted Amount: $272,494.78 > Account Numbers: 12343035650/1709234-0, 1110316-5650/1709110-0 • City Council Approval to Advertise: May 1, 2013 • Publish dates for local paper: May 7 and 14, 2013 > Bid Opening: June 4, 2013 • Contract Award Date: June 19, 2013 • Low Bidder: DD Systems Inc. dba Ace CD Inc. • Contract Amount: $218,479.80 • Contingency: $21,847.98 • Final Contract Amount: $214,425.67 > Difference in Contract Amount: - ($4,054.13) (-1.86%) P516 CITY COUNCIL STAFF REPORT—ACCEPT DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS July 16, 2014 Page 2 The net decrease in the total cost of the project is a result of four Contract Change Orders, including the Balancing Statement. The notable change that was significant to the decrease of the Contract amount was: less tonnage of asphalt concrete pavement were needed than bid. The balancing statement accounted for this minor decrease in the project quantities. Res.- • . • .mitted, uer Director of Engineering Services/City Engineer MAS/CB/SH:Is Attachment I P51,7 PROJECT LOCATION / _ . . — in H RD I rl❑ NILSDN L© I p WILSON AVE [ as //U > N LAN ST 11__ ` � „ .. WP I QI l BANYAN ST _ J LEMON T ❑C] [\I LJ�• C S I I BANYAN ST 1 lLictizi J _ .1--,_:7-_-_:7_,J4-_-__:LLL_ z__:___ . 1-21 O I-210 - r_}_ �-' F_-A e ____ , / Z j HIGHLAND l�� Z 19TH ST J ri w „w,�, L 2 m W �1 VICTORIA 17 Q W • BASE LINE boo ci I a a / _ CHURCH Cr] I c Iv FOO SILL BLVD 71 fL___.J i L 1// <] Ir l W I . 1 aI ARROW11 .c) a� < ol[ wl���[ Wll _ cor a; in'z <i �lI. r 0 <II W _ilf w 1 w 6TH ST j 4TH ST alta CITY OF RANCHO CUCAMONGA / \ WOW" PROPOSED DEER CREEK TRAIL , , 1001 BETWEEN BASE LINE RD. AND HIGHLAND AVE. 10 LOCATION MAP N.T.S. P518 RESOLUTION NO. 14-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS FROM BASE LINE ROAD TO HIGHLAND AVENUE CONTRACT NO. 13-130 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Deer Creek Channel Bike Trail Improvements from Base Line Road to Highland Avenue, Contract No. 13-130, have 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. Resolution No. 14-126- Page 1 of 1 P519 STAFF REPORT ` ANIMAL CARE AND SERVICES '• RANCHO Date: July 16, 2014 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Veronica Fincher, Animal Services Director Subject: Approval to receive and file Animal Center statistics and outcome reports for May and June 2014 RECOMMENDATION Staff recommends the City Council receive and file the Animal Center statistics and outcome reports for May and June 2014. BACKGROUND/ANALYSIS The Animal Center tracks monthly statistics as a means of monitoring our Center's operations. Once approved, they will be placed on our City's website. In the months of May and June 2014, the Animal Center received 1,136 dogs and cats and 105 small mammals and birds. Of the dogs and cats, 367 were adopted, 73 were placed with rescue or adoption partners, 92 were reunited with their owners, 45 cats were spayed or neutered and returned to caregivers in our trap neuter and return (TNR) program and 277 kittens and puppies were placed into volunteer foster homes to be given additional care prior to adoption. The average euthanasia rate for May and June 2014 was 12.5% (including owner requested euthanasia). The highlights for the months of May and June 2014 included attendance at the Spring Adoption event in Upland, pet adoption event at Lazy Dog Cafe, pet adoption event at Irvine Animal Center and a pet adoption event at the Long Beach PetSmart. Also, the Animal Center hosted a microchip clinic in which 168 dogs and cats were microchipped. Additionally, the Animal Center recognized 4 volunteers at the all City Volunteer Appreciation event that have reached Grand Status, meaning they have each donated over 1,000 of service to the Center. Respectfully�submitted, bi iUv" Veronica Fincher Animal Services Director Attachments:Animal Center outcome reports for May and June 2014. P520 City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5/31/2014 iCAT INTAKE TYPE ID KENNEL BREED YRS/MO SEX OUTCOME TYPE ADOPTION STRAY A675053 PETSMART-G DOMESTIC SH 2 1 4 N ADOPTION STRAY A675832 PETSMART-G DOMESTIC SH 1 / 3 N ADOPTION FOSTER A675751 CABANAS DOMESTIC MH 0 / 4 S ADOPTION OWNER SUR A675921 PETSMART-G ABYSSINIAN 3 / 3 N ADOPTION OWNER SUR A674928 CC03 DOMESTIC MH 3 / 4 S ADOPTION ABANDONED A676105 PETSMART-S DOMESTIC SH 0 / 6 N ADOPTION FOSTER A674981 CABANAS DOMESTIC SH 0 / 4 N ADOPTION FOSTER A674982 CABANAS DOMESTIC SH 0 / 4 N ADOPTION TRANSFER A675282 CABANA11 DOMESTIC MH 2 / 3 S ADOPTION STRAY A676149 CABANA4 SIAMESE 3 / 2 S ADOPTION FOSTER A675660 RECEIVING DOMESTIC SH 0 I 4 S ADOPTION FOSTER A675753 CABANA4 DOMESTIC SH 0 / 4 S ADOPTION FOSTER A675754 CABANA1 DOMESTIC SH 0 / 4 S ADOPTION FOSTER A676054 CABANA10 DOMESTIC MH 0 / 4 S ADOPTION FOSTER A675546 RECEIVING DOMESTIC SH 0 / 4 N ADOPTION FOSTER A675547 RECEIVING DOMESTIC SH 0 / 4 S ADOPTION STRAY A666274 NURSERY6 DOMESTIC SH 2 / 1 S ADOPTION FOSTER A674980 CABANA1 DOMESTIC SH 0 / 4 N ADOPTION FOSTER A675101 RECEIVING DOMESTIC SH 0 / 5 N ADOPTION STRAY A675534 CABANAS DOMESTIC SH 3 / 3 S ADOPTION FOSTER A675716 CABANA7 DOMESTIC LH 0 I 4 S ADOPTION FOSTER A675717 CABANA7 DOMESTIC SH 0 t 4 S ADOPTION ABANDONED A676106 CABANAS DOMESTIC SH 0 / 6 S ADOPTION OWNER SUR A676698 RECEIVING DOMESTIC SH 1 I 2 S ADOPTION STRAY A676555 CABANA2 DOMESTIC MH 0 / 4 S ADOPTION STRAY A676503 CABANA10 DOMESTIC LH 0 / 4 N ADOPTION FOSTER A675099 PETSMART-G DOMESTIC SH 0 / 4 N ADOPTION FOSTER A675102 PETSMART-G DOMESTIC SH 0 / 5 N ADOPTION FOSTER A675103 PETSMART-G DOMESTIC SH 0 / 5 S ADOPTION TRANSFER A675283 PETSMART-S DOMESTIC MH 2 / 3 S ADOPTION STRAY A676619 CABANA4 SIAMESE 0 / 4 S ADOPTION STRAY A676620 CABANA4 DOMESTIC SH 0 / 4 N ADOPTION STRAY A676665 CABANA1 DOMESTIC MH 0 1 4 N ADOPTION STRAY A676666 CABANA1 DOMESTIC SH 0 / 4 S ADOPTION FOSTER A675269 CC01 DOMESTIC SH 0 I 4 N ADOPTION FOSTER A675628 RECEIVING DOMESTIC SH 0 I 4 N ADOPTION FOSTER A675630 RECEIVING DOMESTIC SH 0 / 4 N ADOPTION FOSTER A675631 RECEIVING SIAMESE 0 / 4 N ADOPTION FOSTER A675632 RECEIVING DOMESTIC SH 0 / 4 S ADOPTION FOSTER A676160 CABANA10 DOMESTIC SH 0 / 4 N ADOPTION STRAY A676664 RECEIVING DOMESTIC SH 0 1 4 N ADOPTION FOSTER A675270 CCO1 DOMESTIC SH 0 I 4 N ADOPTION FOSTER A675271 CCO1 DOMESTIC SH 0 / 3 S ADOPTION FOSTER A675010 RECEIVING RUSSIAN BLUE 0 / 4 N ADOPTION OWNER SUR A675056 CCI2 DOMESTIC SH 4 / 4 S ADOPTION STRAY A675750 PETSMART-S DOMESTIC SH 2 I 3 S ADOPTION FOSTER A676014 RECEIVING SNOWSHOE 0 / 4 S ADOPTION FOSTER A676015 RECEIVING SIAMESE 0 / 4 N ADOPTION FOSTER A676016 RECEIVING DOMESTIC SH 0 I 4 N ADOPTION FOSTER A676470 CABANA12 DOMESTIC SH 0 / 4 S ADOPTION FOSTER A675100 PETSMART-S DOMESTIC SH 0 / 5 N ADOPTION FOSTER A675556 PETSMART-G DOMESTIC SH 0 / 5 N ADOPTION OWNER SUR A675221 PETSMART-S SIAMESE 12 I 4 S ADOPTION 1 P521 City of Rancho Cucamonga Outcome Totals From 511/2014 To 5/31/2014 FOSTER A675402 CC30 DOMESTIC SH 0 / 4 S ADOPTION FOSTER A675403 CC30 DOMESTIC SH 0 / 4 S ADOPTION STRAY A670640 PETSMART-S DOMESTIC SH 12 / 9 S ADOPTION FOSTER • A674947 SURGERY DOMESTIC SH 0 / 3 N ADOPTION FOSTER A675404 PETSMART-S DOMESTIC SH 0 / 4 N ADOPTION STRAY A676418 PETSMART-G DOMESTIC LH 1 1 2 S ADOPTION STRAY A676878 CCO1 DOMESTIC SH 1 1 2 S ADOPTION FOSTER A676472 CABANAS DOMESTIC SH 0 / 4 N ADOPTION OWNER SUR A676778 CCO9 DOMESTIC SH 0 / 10 S ADOPTION STRAY A677139 CABANA10 DOMESTIC SH 0 I 4 S ADOPTION FOSTER A675579 TECH1 DOMESTIC SH 0 / 4 S ADOPTION OWNER SUR A677080 CICU13 SIAMESE 0 / 4 S ADOPTION STRAY A676398 PETSMART-S DOMESTIC SH 1 I 2 S ADOPTION FOSTER A676473 CABANAS DOMESTIC SH 0 / 4 N ADOPTION STRAY A676519 CC07 DOMESTIC SH 1 / 2 N ADOPTION FOSTER A675756 RECEIVING DOMESTIC MK 0 / 4 S ADOPTION FOSTER A675877 CABANAS DOMESTIC SH 0 I 3 N ADOPTION FOSTER A675878 CABANAS DOMESTIC SH 0 1 3 N ADOPTION Total:71 CLINIC CLINIC A676635 RECEIVING DOMESTIC SH 2 / 2 S CLINIC Total:1 DIED FOSTER , A676708 RECEIVING • DOMESTIC SH 0 1 2 U DIED FOSTER A676709 RECEIVING DOMESTIC SH 0 / 2 U DIED FOSTER A675718 NURSERY6 DOMESTIC LH 0 / 4 M DIED FOSTER A676120 RECEIVING DOMESTIC SH 0 1 3 F DIED FOSTER A676579 RECEIVING DOMESTIC SH 0 / 2 F DIED FOSTER A675701 RECEIVING DOMESTIC SH 0 I 3 M DIED FOSTER A675736 RECEIVING DOMESTIC SH 0 / 4 F DIED FOSTER A675702 RECEIVING DOMESTIC SH 0 / 3 M DIED FOSTER A675704 RECEIVING DOMESTIC SH 0 1 3 M DIED FOSTER A676673 FOSTER DOMESTIC SH / U DIED FOSTER A676579 RECEIVING DOMESTIC SH 0 / 2 F DIED • STRAY A677057 RECEIVING DOMESTIC SH 2 I 2 N DIED Total:12 EUTH STRAY A677214 RECEIVING DOMESTIC SH 0 I 2 F EUTH STRAY A677234 RECEIVING DOMESTIC SH / U EUTH STRAY A676182 CICU1 DOMESTIC SH 2 / 2 F EUTH STRAY A676521 TECH3 DOMESTIC SH 10 / 2 N EUTH STRAY A676389 CICU12 DOMESTIC SH 2 / 2 F EUTH STRAY A677036 RECEIVING DOMESTIC SH / U EUTH STRAY A677037 RECEIVING DOMESTIC SH I U EUTH STRAY A677038 RECEIVING DOMESTIC SH 1 U EUTH STRAY A677039 RECEIVING DOMESTIC SH / U EUTH STRAY A677041 RECEIVING DOMESTIC SH / U EUTH STRAY A677042 RECEIVING DOMESTIC SH / U ' EUTH STRAY A677043 RECEIVING DOMESTIC SH / U EUTH STRAY A677044 RECEIVING DOMESTIC SH / U EUTH STRAY A677045 RECEIVING DOMESTIC SH I U EUTH STRAY A677046 RECEIVING DOMESTIC SH / U EUTH STRAY A675042 DICU2 DOMESTIC SH • 1 I 10 N EUTH BORN HERE A677328 RECEIVING DOMESTIC SH / U EUTH BORN HERE A677329 RECEIVING DOMESTIC SH f U EUTH BORN HERE A677330 RECEIVING DOMESTIC SH / U EUTH BORN HERE A677331 RECEIVING DOMESTIC SH f U EUTH STRAY A677342 RECEIVING DOMESTIC SH I U EUTH 2 1 P522 City of Rancho Cucamonga Outcome Totals From 511/2014 To 5131/2014 STRAY A676761 RECEIVING DOMESTIC SH 2 / 2 F EUTH ABANDONED A677211 NURSERY1 DOMESTIC SH 0 I 3 F EUTH STRAY A677367 RECEIVING DOMESTIC SH 0 / 4 U EUTH STRAY A677437 RECEIVING DOMESTIC MH 0 I 3 M EUTH STRAY A676608 CICU6 SIAMESE 11 / 2 F EUTH FOSTER A676687 RECEIVING SIAMESE 0 I 3 M EUTH STRAY A677586 RECEIVING DOMESTIC SH / F EUTH STRAY A677534 RECEIVING DOMESTIC LH 1 / 3 S EUTH FOSTER A677426 FOSTER DOMESTIC SH I U EUTH FOSTER A677427 FOSTER DOMESTIC SH / U EUTH STRAY A677458 RECEIVING DOMESTIC SH I F EUTH STRAY A677459 RECEIVING DOMESTIC SH 1 F EUTH STRAY A677460 RECEIVING DOMESTIC SH I F EUTH STRAY A675899 RECEIVING SIAMESE I U EUTH STRAY A676537 RECEIVING DOMESTIC MH I U EUTH STRAY A676357 RECEIVING DOMESTIC SH 8 1 2 S EUTH FOSTER A675421 RECEIVING DOMESTIC SH / U EUTH STRAY A675551 RECEIVING DOMESTIC SH 1 1 3 M EUTH STRAY A676601 RECEIVING DOMESTIC SH I U EUTH STRAY A676602 RECEIVING DOMESTIC SH I U. EUTH STRAY A676603 RECEIVING DOMESTIC SH I U EUTH STRAY A676618 RECEIVING SIAMESE I U EUTH STRAY A676621 RECEIVING DOMESTIC SH / U EUTH STRAY A676622 RECEIVING DOMESTIC SH / U EUTH STRAY A676624 RECEIVING DOMESTIC SH / U EUTH STRAY A676625 RECEIVING DOMESTIC SH / U EUTH FOSTER A675978 CICU12 DOMESTIC SH / M EUTH FOSTER A675980 CICU12 DOMESTIC SH 0 I 3 F EUTH STRAY A676158 RECEIVING DOMESTIC SH 0 / 3 M EUTH FOSTER A675857 RECEIVING DOMESTIC SH 0 / 3 F EUTH EUTH REQ A676754 RECEIVING DOMESTIC LH 15 I 2 F EUTH TNR A676710 RECEIVING DOMESTIC SH 0 / 2 U EUTH STRAY A676678 RECEIVING DOMESTIC SH / F EUTH FOSTER A676712 NURSERY6 DOMESTIC SH 0 / 3 M EUTH FOSTER A676459 RECEIVING DOMESTIC SH I M EUTH STRAY A676819 RECEIVING DOMESTIC SH / U EUTH STRAY A676820 RECEIVING DOMESTIC SH / U EUTH STRAY A676821 RECEIVING DOMESTIC SH / U EUTH STRAY A676822 RECEIVING DOMESTIC SH / U EUTH STRAY A676826 RECEIVING DOMESTIC SH / U EUTH STRAY A676827 RECEIVING DOMESTIC SH / U EUTH Total:62 FOSTER STRAY A676712 NURSERY6 DOMESTIC SH 0 / 3 M FOSTER ABANDONED A676676 NURSERY2 DOMESTIC SH 0 / 2 N FOSTER • STRAY A676687 NURSERY1 SIAMESE 0 1 3 M FOSTER OWNER SUR A676767 NURSERY6 DOMESTIC MH 0 / 3 M FOSTER OWNER SUR A676768 NURSERY6 DOMESTIC MH 0 / 3 F FOSTER OWNER SUR A676770 NURSERY6 DOMESTIC SH 0 / 3 F FOSTER OWNER SUR A676771 NURSERY6 DOMESTIC MH 0 / 3 F FOSTER STRAY A676534 CICU12 DOMESTIC MH / F FOSTER STRAY A676535 CICU12 DOMESTIC MH 0 I 2 F FOSTER STRAY A676536 CICU12 DOMESTIC MH 0 / 4 F FOSTER FOSTER A675906 CICU11 DOMESTIC SH 6 / 3 F FOSTER FOSTER A675977 CICU11 DOMESTIC MH / F FOSTER FOSTER A675979 CICU11 DOMESTIC SH I M FOSTER FOSTER A676022 CICU11 DOMESTIC SH 0 I 3 M FOSTER STRAY A676828 RECEIVING DOMESTIC SH 0 I 3 F FOSTER 3 P523 City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5131/2014 STRAY A676738 NURSERY9 DOMESTIC SH 0 1 3 F FOSTER STRAY A676739 NURSERY9 DOMESTIC SH 0 / 3 M FOSTER STRAY A676762 RECEIVING DOMESTIC MR 0 / 3 M FOSTER STRAY A676763 RECEIVING DOMESTIC MH 0 / 3 M FOSTER STRAY A676764 RECEIVING DOMESTIC MH 0 I 3 F FOSTER STRAY A676765 RECEIVING DOMESTIC MR 0 1 3 M FOSTER STRAY A676773 NURSERY6 DOMESTIC SH 0 / 3 M FOSTER STRAY A676823 RECEIVING DOMESTIC SH 0 I 3 M FOSTER STRAY A676824 RECEIVING DOMESTIC SH 0 / 3 M FOSTER STRAY A676825 RECEIVING DOMESTIC SH 0 / 3 M FOSTER STRAY A676868 NURSERY6 DOMESTIC SH 0 I 3 M FOSTER STRAY A676869 NURSERY6 DOMESTIC SH 0 I 3 M FOSTER STRAY A576870 NURSERY6 DOMESTIC SH 0 / 3 M FOSTER STRAY A676871 NURSERY6 DOMESTIC SH 0 / 3 F FOSTER STRAY A676671 FOSTER DOMESTIC SH 0 I 2 M FOSTER STRAY A676672 FOSTER DOMESTIC SH 0 / 3 N FOSTER STRAY A676673 FOSTER DOMESTIC SH I U FOSTER STRAY A676674 FOSTER DOMESTIC SH 0 / 2 M FOSTER STRAY A676675 FOSTER DOMESTIC SH 0 1 2 N FOSTER TNR A676708 RECEIVING DOMESTIC SH 0 / 2 U FOSTER TNR A676709 RECEIVING DOMESTIC SH 0 / 2 U FOSTER FOSTER A675693 NURSERY1 DOMESTIC SH 0 I 4 N FOSTER FOSTER A675694 NURSERY1 DOMESTIC SH 0 I 4 M FOSTER FOSTER A675695 NURSERY1 DOMESTIC SH 0 I 4 F FOSTER FOSTER A675696 NURSERY1 DOMESTIC SH 0 1 4 S FOSTER FOSTER A676226 CABANAS DOMESTIC SH 0 I 3 M FOSTER FOSTER A676227 CABANAS DOMESTIC SH 0 1 3 F FOSTER FOSTER A676229 CABANAS DOMESTIC SH 0 I 3 M FOSTER STRAY A676289 CAB NA10 DOMESTIC LH 0 / 3 N FOSTER STRAY A676291 CABANA10 DOMESTIC SH 0 I 3 S FOSTER STRAY A676563 RECEIVING DOMESTIC SH 0 / 3 S FOSTER STRAY A676564 RECEIVING DOMESTIC SH 0 I 3 N FOSTER STRAY A676565 RECEIVING DOMESTIC SH 0 / 3 S FOSTER STRAY A676566 RECEIVING DOMESTIC SH 0 / 3 5 FOSTER FOSTER A674943 CABANA1 DOMESTIC SH 0 / 4 S FOSTER FOSTER A674946 CABANA1 DOMESTIC SH 0 I 3 N FOSTER FOSTER A674947 CABANA1 DOMESTIC SH 0 / 3 N FOSTER STRAY A676470 CABANAI2 DOMESTIC SH 0 / 4 S FOSTER FOSTER A676218 RECEIVING DOMESTIC SH 0 / 2 N FOSTER FOSTER A676219 RECEIVING SIAMESE 0 / 3 S FOSTER FOSTER A676219 RECEIVING SIAMESE 0 / 3 S FOSTER FOSTER A676220 RECEIVING DOMESTIC SH 0 / 2 N FOSTER. FOSTER A676222 RECEIVING DOMESTIC SH 0 / 3 N FOSTER FOSTER A676224 RECEIVING DOMESTIC SH 0 / 3 N FOSTER FOSTER A676225 RECEIVING DOMESTIC SH 0 / 3 S FOSTER FOSTER A676120 CICU12 DOMESTIC SH 0 / 3 F FOSTER STRAY A676459 RECEIVING DOMESTIC SH / M FOSTER STRAY A676464 RECEIVING DOMESTIC SH 0 / 4 N FOSTER STRAY A676465 RECEIVING DOMESTIC SH 0 / 3 N FOSTER STRAY A676574 NURSERY2 DOMESTIC SH 0 / 2 S FOSTER STRAY A676579 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A676589 RECEIVING DOMESTIC MH 0 / 4 S . FOSTER STRAY A676580 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A676587 NURSERY3 DOMESTIC SH 0 / 2 S FOSTER STRAY A676561 RECEIVING DOMESTIC SH 0 / 3 N FOSTER FOSTER A676221 NURSERY3 DOMESTIC LH 0 / 2 S FOSTER FOSTER A676223 NURSERY3 DOMESTIC LH 0 / 2 N FOSTER STRAY A676460 RECEIVING DOMESTIC MH 0 I 3 S FOSTER STRAY A676461 RECEIVING DOMESTIC SH 0 I 3 S FOSTER 4 P524 City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5/31/2014 STRAY A676464 RECEIVING DOMESTIC SH 0 / 3 N FOSTER STRAY A676465 NURSERY2 DOMESTIC LH 0 / 3 N FOSTER STRAY A676466 NURSERY2 DOMESTIC LH 0 / 3 S FOSTER STRAY A676467 NURSERY2 DOMESTIC SH 0 I 3 S FOSTER STRAY A676469 CABANA12 DOMESTIC SH 0 / 4 S FOSTER STRAY A676471 CABANA12 DOMESTIC SH 0 / 4 S FOSTER STRAY A676472 CABANAS DOMESTIC SH 0 / 4 N FOSTER STRAY A676473 CABANAS DOMESTIC SH 0 I 4 N FOSTER p STRAY A676489 CABANA3 DOMESTIC SH 0 / 4 N FOSTER STRAY A676495 NURSERY2 DOMESTIC SH 0 / 2 S FOSTER STRAY A676502 CABANA3 DOMESTIC LH 0 / 3 S FOSTER STRAY A676528 RECEIVING DOMESTIC MH 0 / 4 N FOSTER STRAY A676531 RECEIVING DOMESTIC SH 0 I 3 F FOSTER STRAY A677415 CABANAS DOMESTIC SH 0 / 3 S FOSTER STRAY A677416 CABANAS DOMESTIC SH • 0 / 3 S FOSTER STRAY A677421 CABANAS DOMESTIC SH 0 I 3 F FOSTER STRAY A677422 CABANAS DOMESTIC SH 0 I 2 S FOSTER STRAY A677259 NURSERY4 DOMESTIC SH 0 / 2 F FOSTER STRAY A677260 NURSERY4 DOMESTIC SH 0 / 2 F FOSTER STRAY A677340 FOSTER DOMESTIC SH 0 / 2 N FOSTER STRAY A677341 FOSTER DOMESTIC SH 0 / 2 S FOSTER STRAY A677346 CC30 DOMESTIC LH I M FOSTER STRAY A677387 CABANA11 DOMESTIC MH 0 / 3 N FOSTER STRAY A677417 CABANA12 DOMESTIC SH 0 / 3 N FOSTER STRAY A677418 CABANA12 DOMESTIC SH 0 / 3 S FOSTER STRAY A677419 FOSTER DOMESTIC SH 0 / 3 N FOSTER STRAY A677420 CABANA12 DOMESTIC SH 0 I 3 N FOSTER STRAY A677441 NURSERY5 DOMESTIC SH 0 1 2 F FOSTER STRAY A677542 NURSERY1 DOMESTIC MH / F FOSTER STRAY A677411 RECEIVING DOMESTIC SH 0 I 2 M FOSTER STRAY A677412 RECEIVING DOMESTIC SH 0 I 2 F FOSTER STRAY A677426 RECEIVING DOMESTIC SH I U FOSTER STRAY A677427 RECEIVING DOMESTIC SH I U FOSTER STRAY A676967 NURSERY5 DOMESTIC SH 0 / 3 F FOSTER STRAY A676968 NURSERY5 DOMESTIC SH 0 / 3 M FOSTER STRAY A677358 CICU15 DOMESTIC SH 0 t 2 M FOSTER STRAY A677360 CICU15 DOMESTIC MH 0 / 2 F FOSTER STRAY A677361 CABANAS DOMESTIC SH 0 / 2 F FOSTER STRAY A677384 CABANA11 DOMESTIC SH 0 I 3 S FOSTER STRAY A677365 CABANA11 DOMESTIC MH 0 / 3 S FOSTER STRAY A677389 NURSERY2 DOMESTIC SH 0 / 2 M FOSTER STRAY A677390 NURSERY2 DOMESTIC MH 0 / 2 M FOSTER STRAY A677337 CABANA11 DOMESTIC SH 0 / 3 F FOSTER STRAY A677368 RECEIVING DOMESTIC SH 0 1 3 S FOSTER STRAY A677062 CABANAS DOMESTIC SH 0 / 3 N FOSTER STRAY A677063 CABANAS DOMESTIC SH 0 / 3 N FOSTER STRAY A677313 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A677314 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A677315 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A677316 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677317 RECEIVING DOMESTIC SH I F FOSTER STRAY A678079 RECEIVING DOMESTIC SH/ DOMESTIC SH1 I 2 M FOSTER STRAY A678080 RECEIVING DOMESTIC SH/ DOMESTIC VS I 2 M FOSTER STRAY A678081 RECEIVING DOMESTIC SH/ DOMESTIC S/0 I 2 F FOSTER FOSTER A674944 CABANA7 DOMESTIC SH 0 I 4 S FOSTER FOSTER A674945 CABANA) DOMESTIC SH 0 I 4 S FOSTER FOSTER A674944 CABANA2 DOMESTIC SH 0 / 4 S FOSTER STRAY A676977 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A676978 RECEIVING DOMESTIC SH 0 / 3 F FOSTER 5 P525 City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5/3112014 . STRAY A676979 RECEIVING DOMESTIC SH 0 / 3 F FOSTER STRAY A676981 RECEIVING DOMESTIC SH 0 I 3 M • FOSTER STRAY A676982 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A676983 RECEIVING DOMESTIC SH 0 / 3 F FOSTER STRAY A676985 RECEIVING DOMESTIC SH 0 I 2 M FOSTER STRAY A676545 FOSTER DOMESTIC SH I F FOSTER STRAY A676546 FOSTER DOMESTIC SH 0 / 2 F FOSTER STRAY A676547 FOSTER DOMESTIC SH 0 / 2 F FOSTER STRAY A676548 FOSTER DOMESTIC SH 0 / 2 F FOSTER STRAY A676549 FOSTER DOMESTIC SH 0 / 2 M FOSTER STRAY A676976 RECEIVING DOMESTIC SH 0 I 2 M FOSTER STRAY A676960 RECEIVING DOMESTIC SH 0 / 2 U FOSTER STRAY A676984 RECEIVING DOMESTIC SH 0 I 2 F FOSTER OWNER SUR A676766 CABANAS DOMESTIC MH 0 I 3 M FOSTER OWNER SUR A676769 CABANAS DOMESTIC MH 0 I 2 S FOSTER OWNER SUR A676772 CABANAS DOMESTIC MH 0 / 3 F FOSTER Total:149 RELOCATE STRAY A675593 RECEIVING DOMESTIC LH/ SIAMESE 2 I 2 S RELOCATE STRAY A677278 RECEIVING DOMESTIC SH / N RELOCATE STRAY A677233 RECEIVING DOMESTIC LH / N RELOCATE STRAY A675316 RECEIVING SIAMESE 2 / 3 S RELOCATE STRAY A675441 RECEIVING DOMESTIC SH / N RELOCATE RETURN A670510 KITTYREEF BENGAL/ MIX 2 / 7 S RELOCATE STRAY A672001 KITTYREEF DOMESTIC SH 1 / 0 N RELOCATE STRAY A666237 KITTYREEF DOMESTIC MH 2 1 6 N RELOCATE Total:8 RESCUE BORN HERE A675863 CICU15 DOMESTIC SH 0 I 3 F RESCUE BORN HERE A675864 CICU15 DOMESTIC SH 0 / 3 M RESCUE BORN HERE A675865 CICU15 DOMESTIC SH 0 / 3 M RESCUE BORN HERE A675868 CICU15 DOMESTIC SH 0 I 3 M RESCUE STRAY A676113 NURSERY4 DOMESTIC SH 2 I 2 F RESCUE STRAY A676114 NURSERY4 DOMESTIC SH 0 / 3 F RESCUE STRAY A676115 NURSERY4 DOMESTIC SH 0 I 3 F RESCUE STRAY A676116 NURSERY4 DOMESTIC SH 0 / 3 M RESCUE STRAY A676117 NURSERY4 DOMESTIC SH 0 / 3 F RESCUE STRAY A676266 RECEIVING DOMESTIC SH 2 I 2 F RESCUE STRAY A676267 RECEIVING DOMESTIC SH 0 / 4 F RESCUE STRAY A676268 RECEIVING DOMESTIC SH 0 I 4 F RESCUE STRAY A676269 RECEIVING DOMESTIC SH 0 1 4 M RESCUE STRAY A676270 RECEIVING DOMESTIC SH 0 / 4 F RESCUE TNR A676325 RECEIVING DOMESTIC SH 0 1 3 M RESCUE TNR A676326 RECEIVING DOMESTIC SH 0 1 3 F RESCUE TNR A676327 RECEIVING DOMESTIC SH 0 1 3 F RESCUE TNR A676326 RECEIVING DOMESTIC SH 0 1 3 M RESCUE STRAY A676341 NURSERY3 DOMESTIC SH 0 1 3 F RESCUE STRAY A676365 NURSERYI DOMESTIC SH 0 1 3 F RESCUE STRAY A676366 NURSERY1 DOMESTIC SH 0 / 3 M RESCUE STRAY A676367 NURSERYI DOMESTIC SH I F RESCUE STRAY A676379 RECEIVING DOMESTIC SH 0 / 4 F RESCUE STRAY A676360 RECEIVING DOMESTIC SH 0 I 4 M RESCUE STRAY A676426 RECEIVING DOMESTIC SH 0 / 3 F RESCUE STRAY A676427 RECEIVING DOMESTIC SH 0 / 3 F RESCUE STRAY A676428 RECEIVING DOMESTIC SH 0 / 3 M RESCUE STRAY A676429 RECEIVING DOMESTIC SH 0 / 3 F RESCUE STRAY A676430 RECEIVING DOMESTIC SH 0 / 3 M RESCUE STRAY A675239 NURSERYI DOMESTIC SH 2 / 3 F RESCUE 6 P526 City of Rancho Cucamonga Outcome Totals From 51112014 To 5/31/2014 STRAY A675241 NURSERY7 DOMESTIC SH 0 1 4 F RESCUE STRAY A675242 NURSERY7 DOMESTIC SH 0 I 4 M RESCUE STRAY A675243 NURSERY7 DOMESTIC SH 0 / 4 F RESCUE STRAY A675763 CICU15 DOMESTIC MH 2 I 3 F RESCUE STRAY A675813 CICU15 DOMESTIC SH 0 / 3 M RESCUE Total:35 RTO STRAY A676744 CICU8 DOMESTIC SH 2 / 1 S RTO Total:1 TNR TNR A677263 TECH3 DOMESTIC SH 1 N TNR TNR A676707 RECEIVING DOMESTIC SH / S TNR TNR A677272 RECEIVING DOMESTIC SH / S TNR STRAY A675625 RECEIVING DOMESTIC MH / S TNR TNR A676633 CICU12 DOMESTIC SH / N TNR TNR A676631 RECEIVING DOMESTIC SH 1 S TNR STRAY A677304 RECEIVING DOMESTIC SH I S TNR TNR A677307 RECEIVING DOMESTIC SH I S TNR STRAY A677362 RECEIVING DOMESTIC SH / S TNR STRAY A677445 RECEIVING •DOMESTIC SH 2 I 1 S TNR STRAY A677464 RECEIVING DOMESTIC SH 2 / 7 N TNR TNR A677488 RECEIVING DOMESTIC SH 2 / 1 N TNR TNR A677513 RECEIVING DOMESTIC SH 2 / 1 S TNR TNR A677522 RECEIVING DOMESTIC SH 1 / 7 S TNR STRAY A677277 RECEIVING DOMESTIC SH 2 / 1 S TNR TNR A676324 RECEIVING DOMESTIC SH 1 / 8 S TNR STRAY A676605 RECEIVING DOMESTIC LH 1 / 8 S TNR TNR A676682 RECEIVING DOMESTIC SH / S TNR STRAY A676661 RECEIVING DOMESTIC LH / N TNR STRAY A676662 RECEIVING DOMESTIC LH / N TNR TNR A676721 RECEIVING DOMESTIC SH / S TNR Total:21 IDOL 1 INTAKE TYPE ID KENNEL BREED YRS/MO SEX OUTCOME TYPE ADOPTION STRAY A676553 SMDOG22 BORDER COLLIE/ MIX 0 / 5 S ADOPTION STRAY A675801 SMDOG17 POMERANIAN/ CHIHUAHUA St / 9 N ADOPTION STRAY A676514 SMDOG30 COCKER SPAN/ POODLE TOY4 / 2 N ADOPTION STRAY A676557 SMDOG12 COCKER SPAN 6 / 2 S ADOPTION STRAY A676584 RECEIVING COCKER SPAN/ MIX 2 / 2 S ADOPTION OWNER SUR A676319 SMDOG25 CHIHUAHUA SH 0 / 10 N ADOPTION STRAY A676340 SMDOG31 BORDER TERRIER/ CHIHUAHN / 2 N ADOPTION STRAY A676350 RECEIVING BOXER/ MIX 0 I 5 N ADOPTION STRAY A676351 08 BOXER/ LABRADOR RETR 0 / 5 N ADOPTION OWNER SUR A676432 SMDOG29 CHIHUAHUA SH/ POMERANIA') 1 11 N ADOPTION STRAY A676569 29 BOXER/ MIX 1 I 2 N ADOPTION STRAY A676583 SMDOG8 CHIHUAHUA SH 0 / 4 S ADOPTION STRAY A675937 29 AUST CATTLE DOG I LABRADO 1 9 S ADOPTION STRAY A676192 35 BELG MALINOIS/ MIX 0 / 7 S ADOPTION STRAY A676294 SMDOG22 SHETLD SHEEPDOG/ CHIHIJAP / 6 S ADOPTION STRAY A676442 RECEIVING MALTESE 1 I 2 N ADOPTION 7 P527 City of Rancho Cucamonga Outcome Totals From 51112014 To 5/31/2014 FOSTER A670125 09 PIT BULL 2 / 8 N ADOPTION STRAY A672054 08 PIT BULL 2 / 6 N ADOPTION STRAY A673676 21 PIT BULL 8 / 5 S ADOPTION STRAY A675319 34 GREAT DANE/ LABRADOR RET / 3 S ADOPTION STRAY A676111 SMDOG10 MALTESE/ MIX 7 / 2 N ADOPTION STRAY A676451 SMDOG25 POODLE TOY/ MIX 2 / 2 S ADOPTION STRAY A676468 SMDOG18 MALTESE 3 / 2 S ADOPTION STRAY A676476 SMDOG32 CHIHUAHUA SH 1 / 2 S ADOPTION STRAY A676154 SMDOG5 CHIHUAHUASH 3 1 2 S ADOPTION RETURN A676522 43 RAT TERRIER/ MIX 8 / 3 N ADOPTION STRAY A676304 SMDOG30 MIN PINSCHER 3 / 2 N ADOPTION STRAY A676455 14 GERM SHEPHERD 4 / 2 N ADOPTION STRAY A676450 RECEIVING CHIHUAHUA SH/ MIX 1 I 8 S ADOPTION STRAY A676290 SMDOG32 DACHSHUND I CHIHUAHUA SR I 2 S ADOPTION STRAY A676307 SMDOG29 BORDER TERRIER/ MIX 1 1 ,8 S ADOPTION STRAY A676317 32 - AMERICAN STAFF 0 I 11 S ADOPTION STRAY A672378 01 AMER BULLDOG/ MIX 2 I 7 S ADOPTION STRAY A675074 20 STAFFORDSHIRE/ BULLDOG 3 I 4 S ADOPTION STRAY A676217 46 SHETLD SHEEPDOG/ ANATOIO I 10 S ADOPTION STRAY A676153 33 COCKER SPAN 4 / 2 N ADOPTION RETURN A667195 FRONT CHIHUAHUASH 2 / 6 N ADOPTION STRAY A675220 37 PIT BULL 6 I 3 S ADOPTION STRAY A676128 SMDOG2 YORKSHIRE TERR/ MIX 4 / 8 S ADOPTION STRAY A676151 10 LABRADOR RETRI MIX 0 / 4 N ADOPTION FOSTER A675205 SMDOG14 CHIHUAHUA SH 0 / 4 N ADOPTION STRAY A676216 46 COCKER SPAN/ MIX 1 / 2 S ADOPTION STRAY A676170 SMDOG21 CAIRN TERRIER 1 / 0 S ADOPTION OWNER SUR A674386 30 BORDER TERRIER/ MIX 4 I 4 N ADOPTION STRAY A676020 45 COCKER SPAN 4 / 3 N ADOPTION RETURN A673182 14 LABRADOR RETRI MIX 0 / 10 S ADOPTION FOSTER A675206 SMDOG12 CHIHUAHUA SH 0 I 4 N ADOPTION FOSTER A675203 SMDOG7 RAT TERRIER/ MIX 3 I 3 S ADOPTION FOSTER A675207 RECEIVING CHIHUAHUA SH 0 I 4 S ADOPTION STRAY A677309 SMDOG7 MALTESE I POODLE TOY 0 I 9 N ADOPTION STRAY A676230 SMDOG5 CHIHUAHUASH/ MIX 1 I 2 N ADOPTION RETURN A675512 SMDOG30 RAT TERRIER/ MIX 4 / 3 S ADOPTION STRAY A676879 29 LABRADOR RETR/ DOBERMAS / 1 N ADOPTION 1 STRAY A677069 45 OLD ENG BULLDOG 1 I 7 S ADOPTION STRAY A676080 SMDOG23 POODLE MIN 5 / 2 N ADOPTION FOSTER A675199 35 CHIHUAHUASH 0 I 4 S ADOPTION STRAY A676788 SMDOG18 BEAGLE/ JACK RUSS TERR 1 / 7 S ADOPTION STRAY A677066 06 LABRADOR RETRI POINTER 1 / 7 S ADOPTION OWNER SUR A630142 GARDEN LABRADOR RETR/ GREAT DAN / 9 S ADOPTION FOSTER A675196 35 CHIHUAHUASH 0 / 4 N ADOPTION STRAY A677265 RECEIVING CAVALIER SPAN/ MIX 2 / 1 N ADOPTION RETURN A675065 RECEIVING LABRADOR RETR 1 / 10 S ADOPTION STRAY A677120 SMDOG34 CHIHUAHUASH 0 I 6 N ADOPTION STRAY A677201 SMDOG32 CHIHUAHUA LH 2 / 1 S ADOPTION RETURN A672418 20 POINTER I MIX 1 / 7 N ADOPTION STRAY A673296 44 CHIHUAHUASH 1 / 6 N ADOPTION STRAY A676748 RECEIVING LABRADOR RETR/ MIX 0 / 4 N ADOPTION STRAY A676088 SMDOG11 CHIHUAHUASH 2 / 2 N ADOPTION STRAY A676089 SMDOG9 SILKY TERRIER 2 / 2 N ADOPTION STRAY A676582 SMDOGB CHIHUAHUA SH 0 I 4 N ADOPTION STRAY A676627 06 JINDO/ MIX 3 / 2 S ADOPTION STRAY A676805 RECEIVING BICHON FRISE/ MIX 0 / 12 N ADOPTION OWNER SUR A677059 SMDOG18 POODLE TOY/ LABRADOR RE4 I 2 N ADOPTION STRAY A676705 21 PIT BULL 0 I 10 S ADOPTION STRAY A676706 SMDOG30 MALTESE 1 / 1 S ADOPTION 8 P528 City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5/31/2014 RETURN A674644 SMDOG29 TIBETAN TERR/ MIX 1 / 2 S ADOPTION STRAY A676690 SMDOG9 CHIHUAHUASH 0 / 5 N ADOPTION STRAY A675037 22 AKITA 2 1 4 N ADOPTION STRAY A677074 SMDOG31 DACHSHUND 7 1 1 S ADOPTION OWNER SUR A676654 SMDOG7 BICHON FRISE/ POODLE TOYS / 2 S ADOPTION OWNER SUR A676422 53 BLACK/TAN HOUND/ M0( 0 I 3 N ADOPTION OWNER SUR A676423 53 BLACK/TAN HOUND/ MIX 0 / 3 N ADOPTION STRAY A676487 46 BOXER/ LABRADOR RETR 2 / 2 S ADOPTION STRAY A676323 37 BEAGLE/ MIX 1 / 2 $ ADOPTION STRAY A676191 35 BELG MALINOIS/ MIX 0 / 7 S ADOPTION STRAY A675187 GARDEN LABRADOR RETR/ CHINESE SI / 3 S ADOPTION Total:86 DIED STRAY A677349 DECEASED BICHON FRISE 2 / 1 U DIED Total:1 EUTH OWNER SUR A290391 45 ROTTWEI LER 9 / 7 S EUTH STRAY A677065 RECEIVING CHIHUAHUA LH / F EUTH EUTH REQ A663924 RECEIVING BRITTANY/ MIX 15 / 1 S EUTH STRAY A674165 16 PIT BULL/ LABRADOR RETR 1 1 3 S EUTH OWNER SUR A643551 54 GERM SHEPHERD 3 / 3 S EUTH STRAY A676711 RECEIVING GERM SHEPHERD/ MIX 2 1 1 F EUTH STRAY A671616 56 PIT BULL 2 / 7 N EUTH STRAY A676262 60 PIT BULL 4 I 2 F EUTH OWNER SUR A676172 51 PIT BULL 1 F EUTH EUTH REQ A289806 RECEIVING BOXER / N EUTH EUTH REQ A676596 RECEIVING CHIHUAHUASH I M EUTH STRAY A676597 RECEIVING CHIHUAHUASH / M EUTH EUTH REQ A676599 RECEIVING LABRADOR RETR/ MIX 17 I 2 N EUTH EUTH REQ A676498 RECEIVING GERM SHEPHERD 1 N EUTH RETURN A673566 23 PIT BULL 1 / 5 N EUTH STRAY A673783 06 AM PIT BULL TER 3 / 5 N EUTH OWNER SUR A675434 RECEIVING PIT BULL 5 / 2 N EUTH Total:17 FOSTER STRAY A676613 GROOM1 POODLE TOY 0 / 3 N FOSTER ABANDONED A677470 RECEIVING CHIHUAHUASH/ PUG 0 1 3 M FOSTER ABANDONED A677471 RECEIVING CHIHUAHUASH/ PUG 0 / 3 F FOSTER FOSTER A677472 RECEIVING CHIHUAHUASH/ PUG 0 I 3 F FOSTER ABANDONED A677473 RECEIVING CHIHUAHUASH/ PUG 0 / 3 M FOSTER ABANDONED A677474 RECEIVING CHIHUAHUASH/ PUG 0 / 3 M FOSTER ABANDONED A677475 RECEIVING CHIHUAHUASH/ PUG 0 / 3 F FOSTER ABANDONED A677476 RECEIVING CHIHUAHUA SHI PUG 0 / 3 M FOSTER STRAY A676723 NURSERYS CHIHUAHUA SH 0 / 3 F FOSTER STRAY A677040 TECH1 CHIHUAHUASH 0 / 3 S FOSTER STRAY A676004 SMDOG25 POMERANIAN 3 / 2 S FOSTER STRAY A677339 RECEIVING CHIHUAHUASH 0 / 3 N FOSTER Total:12 RESCUE OWNER SUR A209006 54 . GOLDEN RETR 12 / 4 S RESCUE OWNER SUR A677060 53 GOLDEN RETR 10 / 2 N RESCUE RETURN A676071 52 COLLIE ROUGH/ MIX 1 / 1 N RESCUE RETURN A674035 40 COCKER SPAN 6 / 5 N RESCUE STRAY A676293 SMDOG27 CHIHUAHUA SH/ MIX 0 / 5 S RESCUE STRAY A676194 SMDOG26 CHIHUAHUASH/ MIX 3 / 2 S RESCUE STRAY A676452 SMDOG2 CHIHUAHUA SH/ MIN PINSCHE / 2 S RESCUE STRAY A676659 SMDOG24 BORDER TERRIER/ MIX 1 / 2 S RESCUE 9 P529 • City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5/3112014 STRAY A676660 SMDOG24 BORDER TERRIER/ MIX 3 I 1 S RESCUE STRAY A672554 SMDOG15 CHIHUAHUASH 2 / 7 N RESCUE FOSTER A675197 SMDOG34 CHIHUAHUASH 2 I 6 S RESCUE OWNER SUR A676420 33 LABRADOR RETR/ MIX 3 I 2 S RESCUE STRAY A676362 47 LABRADOR RETR 1 I 8 N RESCUE OWNER SUR A675992 SMDOG23 SHIH TZU 5 / 3 N RESCUE STRAY A676043 55 STAFFORDSHIRE 2 / 2 M RESCUE STRAY A676215 46 WELSH CORGI CAR l MIX 0 / 10 S RESCUE STRAY A675528 GARDEN PIT BULL 3 / 3 N RESCUE STRAY A676121 SMDOGB MALTESE/ MIX 4 I 2 M RESCUE STRAY A676175 24 SIBERIAN HUSKY 2 / 2 S RESCUE Total:19 RTO STRAY A676533 RECEIVING BEAGLE/ BASSET HOUND 7 I 2 N RTO STRAY A676482 RECEIVING GERM SHEPHERD 7 / 2 S RTO STRAY A676483 RECEIVING NEWFOUNDLAND/ LABRADOR I 2 N RTO I STRAY A676491 RECEIVING LABRADOR RETR 6 I 12 F RTO STRAY A670099 RECEIVING CHIHUAHUASH 12 I 9 F RTO 1 STRAY A670100 RECEIVING CHIHUAHUA LH/ YORKSHIRE4 / 9 F RTO STRAY A676309 RECEIVING LHASAAPSO 2 I 2 M RTO STRAY A676310 RECEIVING BORDER TERRIER 0 I 6 M RTO STRAY A676375 62 LABRADOR RETR 11 I 2 S RTO STRAY A676742 RECEIVING JACK RUSS TERR/ POODLE MI / 8 F RTO STRAY A662111 RECEIVING JACK RUSS TERR 10 / 6 F RTO OWNER SUR A668126 57 PIT BULL 2 ! 11 N RTO STRAY A676628 RECEIVING CHIHUAHUASH 13 I 2 N RTO STRAY A676632 RECEIVING PIT BULL 10 I 2 S RTO STRAY A205781 RECEIVING SHIH TZU/ MALTESE 13 I 2 N RTO STRAY A657851 RECEIVING CHIHUAHUA LH 2 I 1 S RTO STRAY A676787 RECEIVING GERM SHEPHERD! LABRADOF I 2 S RTO STRAY A676704 RECEIVING GOLDEN RETR/ MIX I N RTO OWNER SUR A676755 58 ROTTWEILER 7 / 2 M RTO STRAY A279729 PORT2 LABRADOR RETR! MIX 14 I 8 S RTO STRAY A661369 RECEIVING SHIH TZU 4 1 11 S RTO STRAY A676776 RECEIVING CHIHUAHUASH 5 I 2 F RTO STRAY A676777 RECEIVING CHIHUAHUASH 5 / 2 F RTO STRAY A676815 RECEIVING FRENCH BULLDOG 2 I 0 M RTO STRAY A676880 RECEIVING CHIHUAHUASH 7 I 1 N RTO STRAY A676942 RECEIVING DACHSHUND 6 ! 2 N RTO STRAY A676943 RECEIVING DACHSHUND 6 / 2 S RTO STRAY A676955 RECEIVING POODLE TOY 10 I 2 M RTO STRAY A677591 RECEIVING SCHNAUZER MIN/ MIX 6 I 1 N RTO STRAY A677592 RECEIVING SCHNAUZER MIN/ MIX 6 I 1 N RTO STRAY A677436 RECEIVING POODLE TOY 2 I 1 F RTO STRAY A616331 RECEIVING CHIHUAHUASH 9 I 1 N RTO STRAY A677371 RECEIVING AMER FOXHOUND I N RTO ABANDONED A677402 RECEIVING PIT BULL I N RTO ABANDONED A677403 RECEIVING PIT BULL / F RTO STRAY A676991 RECEIVING JACK RUSS TERR/ MIX I S RTO STRAY A674588 RECEIVING MALTESE 4 I 6 S RTO STRAY . A642565 RECEIVING LABRADOR RETR 4 / 2 S RTO STRAY A623212 RECEIVING CHIHUAHUASH/ MIX 9 I 2 M RTO STRAY A677070 54 LABRADOR RETR/ BOXER I M RTO STRAY A677050 SMDOG35 LHASAAPSO 4 1 1 M RTO STRAY A676789 59 GREAT DANE 1 1 7 M RTO STRAY A677136 RECEIVING MALTESE! POODLE MIN 4 I 1 M RTO STRAY A677137 RECEIVING YORKSHIRE TERR/ MIX 4 I 1 F RTO STRAY A677270 RECEIVING CHIHUAHUASH 0 I 4 F RTO 10 P530• City of Rancho Cucamonga Outcome Totals From 5/1/2014 To 5/31/2014 STRAY A661845 RECEIVING GERM SHEPHERD 2 / 10 N RTO STRAY A677375 RECEIVING POODLE TOY 1 I 7 F RTO STRAY A677391 RECEIVING CHIHUAHUA LH/ YORKSHIRE 6 / 1 N RTO STRAY A677248 RECEIVING PIT BULL 1 1 1 S RTO STRAY A677239 RECEIVING GOLDEN RETR/ MIX 9 / 1 N RTO Total:50 TRANSFER OWNER SUR A676652 57 AUST SHEPHERD 6 1 2 N TRANSFER STRAY A676737 RECEIVING DOBERMAN PINSCH / M TRANSFER STRAY A676598 RECEIVING BOXER 0 / B M TRANSFER Total:3 • • H.\Crystal Reports'danthly Repartst Outcome Totals-Monthly:al 11 P531 City of Rancho Cucamonga Outcome Totals From 6/1/2014 To 6/30/2014 [CAT INTAKE TYPE ID KENNEL BREED YRS/MO SEX OUTCOME TYPE ADOPTION STRAY A676647 CCO7 DOMESTIC SH 3 / 2 N ADOPTION OWNER SUR A677251 CC12 DOMESTIC SH 1 / 1 N ADOPTION STRAY A677365 CC15 DOMESTIC SH 3 / 1 S ADOPTION STRAY A677254 CC06 DOMESTIC MH 1 / 7 N ADOPTION STRAY A677462 CC21 SIAMESE 0 / 3 N ADOPTION STRAY A677546 CC17 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A675621 CCO1 DOMESTIC MH 0 / 4 S ADOPTION RETURN A636907 PETSMART-S DOMESTIC SH 4 I 3 N ADOPTION FOSTER A675552 CC14 DOMESTIC SH 0 1 3 N ADOPTION FOSTER A675554 RECEIVING DOMESTIC SH 0 / 3 S ADOPTION FOSTER A675555 CC14 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A675883 CCO4 DOMESTIC SH 0 I 3 N ADOPTION FOSTER A676460 PETSMART-G DOMESTIC MH 0 1 3 S ADOPTION STRAY A676818 CCO2 DOMESTIC SH 4 I 2 S ADOPTION STRAY A677134 CABANA4 DOMESTIC SH 0 / 3 N ADOPTION STRAY A677386 CABANA7 DOMESTIC LH 0 / 3 S ADOPTION STRAY A677463 CC21 DOMESTIC MH 0 / 3 S ADOPTION STRAY A677585 CCO5 DOMESTIC SH 0 I 3 N ADOPTION FOSTER A675885 CC04 DOMESTIC SH 0 1 3 S ADOPTION STRAY A676137 CC11 SIAMESE 1 / 8 S ADOPTION STRAY A678150 CC10 DOMESTIC SH 12 / 2 N ADOPTION STRAY A677138 PETSMART-S DOMESTIC SH 0 I 3 S ADOPTION FOSTER A675693 CCO1 DOMESTIC SH 0 1 4 N ADOPTION FOSTER A675696 CCO1 DOMESTIC SH 0 I 4 S ADOPTION STRAY A675892 CC11 DOMESTIC SH 2 / 2 N ADOPTION STRAY A676458 RECEIVING DOMESTIC SH 0 I 3 N ADOPTION STRAY A676463 RECEIVING DOMESTIC SH 0 I 3 N ADOPTION FOSTER A674946 PETSMART-G DOMESTIC SH 0 1 3 N ADOPTION FOSTER A675098 PETSMART-G DOMESTIC SH 1 I 4 S ADOPTION FOSTER A676466 PETSMART-G DOMESTIC LH 0 / 3 S ADOPTION STRAY A677301 CABANA1 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676464 PETSMART-G DOMESTIC SH 0 1 3 N ADOPTION STRAY A674579 CC16 DOMESTIC SH 3 / 4 N ADOPTION FOSTER A675629 RECEIVING DOMESTIC SH 0 / 4 S ADOPTION FOSTER A676471 PETSMART-G DOMESTIC SH 0 / 4 S ADOPTION STRAY A677408 CABANA10 DOMESTIC MH 0 / 3 N ADOPTION STRAY A677673 CABANAII DOMESTIC SH 0 / 3 S ADOPTION FOSTER A675562 PETSMART-S DOMESTIC MH 0 / 4 N ADOPTION FOSTER A676289 CABANA6 DOMESTIC LH 0 / 3 N ADOPTION FOSTER A676465 PETSMART-G DOMESTIC LH 0 1 3 N ADOPTION STRAY A677306 CC11 DOMESTIC SH 9 / 1 S ADOPTION STRAY A677388 CABANA7 DOMESTIC SH 0 / 3 N ADOPTION STRAY A676462 RECEIVING DOMESTIC SH 0 / 3 S ADOPTION FOSTER A676487 PETSMART-G DOMESTIC SH 0 / 3 S ADOPTION FOSTER A676489 PETSMART-G DOMESTIC SH 0 1 4 N ADOPTION FOSTER A676565 PETSMART-G DOMESTIC SH 0 / 3 S ADOPTION FOSTER A676469 PETSMART-G DOMESTIC SH 0 1 4 S ADOPTION FOSTER A676502 PETSMART-G DOMESTIC LH 0 / 3 S ADOPTION FOSTER A676563 PETSMART-G DOMESTIC SH 0 I 3 S ADOPTION FOSTER A675553 CC26 DOMESTIC SH 0 / 3 N ADOPTION RETURN A677660 KLUBHOUSE DOMESTIC SH 9 / 1 S ADOPTION STRAY A677359 CABANA2 DOMESTIC MN 0 / 3 S ADOPTION STRAY A677931 RECEIVING DOMESTIC LH 3 / 1 S ADOPTION 1 P532 City of Rancho Cucamonga Outcome Totals From 6/1/2014 To 6/30/2014 STRAY A678264 RECEIVING DOMESTIC SH / U ADOPTION STRAY A678267 RECEIVING DOMESTIC SH I U ADOPTION STRAY A678268 RECEIVING DOMESTIC SH / U ADOPTION STRAY A678269 RECEIVING DOMESTIC SH / U ADOPTION STRAY A676270 RECEIVING DOMESTIC SH / F ADOPTION FOSTER A675431 CC29 DOMESTIC SH 0 / 3 S ADOPTION STRAY A677508 CABANA7 DOMESTIC LH 0 / 3 N ADOPTION FOSTER A676675 CABANA2 DOMESTIC SH 0 / 2 N ADOPTION FOSTER A677387 CABANA7 DOMESTIC MH 0 / 3 N ADOPTION STRAY A677505 CC29 DOMESTIC LH 0 I 3 S ADOPTION STRAY A677821 CABANA11 DOMESTIC SH 0 / 3 N ADOPTION STRAY A676016 CABANA12 DOMESTIC SH 0 / 3 S ADOPTION FOSTER A676237 CC06 DOMESTIC SH 0 / 3 S ADOPTION STRAY A677064 CABANAIO DOMESTIC SH 0 / 4 N ADOPTION OWNER SUR A678062 PETSMART-G DOMESTIC MH 12 / 1 N ADOPTION STRAY A668348 PETSMART-S DOMESTIC SH 2 / 11 S ADOPTION RETURN A874407 PETSMART-S DOMESTIC LH 6 / 4 S ADOPTION FOSTER A674890 CC19 DOMESTIC SH 0 / 4 N ADOPTION FOSTER A675429 CC29 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676235 CC06 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676238 CCO6 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A677132 CC21 DOMESTIC SH 0 I 2 S ADOPTION FOSTER A677135 CC21 DOMESTIC SH 0 / 2 N ADOPTION FOSTER A677357 RECEIVING DOMESTIC MH 0 / 2 N ADOPTION STRAY A677560 CABANAS DOMESTIC SH 0 / 3 N ADOPTION FOSTER A674944 PETSMART-S DOMESTIC SH 0 I 4 S ADOPTION FOSTER A675886 PETSMART-S DOMESTIC SH 0 / 3 N ADOPTION FOSTER A677385 CC28 DOMESTIC MH 0 / 3 S ADOPTION FOSTER A675430 CC29 DOMESTIC SH 0 I 3 S ADOPTION FOSTER A675692 CC20 DOMESTIC SH 0 I 2 N ADOPTION FOSTER A676218 RECEIVING DOMESTIC SH 0 / 2 N ADOPTION FOSTER A676220 RECEIVING DOMESTIC SH 0 / 2 N ADOPTION FOSTER A676245 PETSMART-G DOMESTIC SH 0 / 3 S ADOPTION RETURN A677251 PETSMART-G DOMESTIC SH 1 / 1 N ADOPTION FOSTER A677384 CC28 DOMESTIC SH 0 / 3 S ADOPTION FOSTER A675384 CC07 DOMESTIC MH 0 / 6 N ADOPTION FOSTER A675432 CC29 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676484 PETSMART-S DOMESTIC SH 0 / 4 N ADOPTION FOSTER A6765B9 SURGERY DOMESTIC MH 0 / 4 S ADOPTION STRAY A677544 CC22 SIAMESE 0 / 3 N ADOPTION ABANDONED A676851 CC23 DOMESTIC SH 1 / 2 S ADOPTION FOSTER A675455 CC29 DOMESTIC SH 0 / 3 S ADOPTION FOSTER A675456 CC29 DOMESTIC SH 0 / 3 S ADOPTION FOSTER A675457 RECEIVING DOMESTIC SH 0 / 3 N ADOPTION RETURN A677656 PETSMART-S DOMESTIC SH 5 / 3 S ADOPTION RETURN A665120 CC18 DOMESTIC SH 1 / 1 N ADOPTION RETURN A667464 TECH4 DOMESTIC SH 1 / 2 S ADOPTION FOSTER A676485 PETSMART-S DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676561 PETSMART-S DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676672 CABANA2 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A676769 CC25 DOMESTIC MH 0 / 2 S ADOPTION STRAY A677751 CC13 DOMESTIC SH 2 / 1 S ADOPTION FOSTER A876247 PETSMART-G DOMESTIC SH / S ADOPTION FOSTER A676566 PETSMART-G DOMESTIC SH 0 / 3 S ADOPTION FOSTER A676676 RECEIVING DOMESTIC SH 0 / 2 N ADOPTION FOSTER A676219 RECEIVING SIAMESE 0 / 3 S ADOPTION FOSTER A676564 PETSMART-G DOMESTIC SH 0 / 3 N ADOPTION OWNER SUR A678063 KLUBHOUSE DOMESTIC SH 8 / 5 N ADOPTION FOSTER A675460 RECEIVING DOMESTIC SH 0 / 3 S ADOPTION 2 P533 City of Rancho Cucamonga Outcome Totals • From 6/1/2014 To 6/30/2014 FOSTER A676222 RECEIVING DOMESTIC SH 0 I 3 N ADOPTION FOSTER A676574 RECEIVING DOMESTIC SH 0 / 2 S ADOPTION • FOSTER A676587 RECEIVING DOMESTIC SH 0 1 2 S ADOPTION FOSTER A677062 NURSERY2 DOMESTIC SH 0 / 3 N ADOPTION FOSTER A677063 NURSERY2 DOMESTIC SH 0 I 3 N ADOPTION STRAY A677506 CABANA11 DOMESTIC MH 0 / 3 N ADOPTION STRAY A677507 CABANA11 DOMESTIC LH 0 / 3 N ADOPTION FOSTER A676164 RECEIVING SNOWSHOE 0 I 2 S ADOPTION FOSTER A676223 RECEIVING DOMESTIC LH 0 r 2 N ADOPTION OWNER SUR A678064 CC27 DOMESTIC SH 3 / 1 N ADOPTION STRAY A678316 CC24 HIMALAYAN 10 1 0 S ADOPTION Total:123 DIED STRAY A678740 RECEIVING DOMESTIC SH I M DIED STRAY - A678741 RECEIVING DOMESTIC SH / M DIED FOSTER A675703 RECEIVING DOMESTIC SH 0 I 3 M DIED STRAY A678692 DECEASED DOMESTIC SH / U DIED FOSTER A677344 RECEIVING DOMESTIC LH 0 / 2 F DIED STRAY A678265 RECEIVING DOMESTIC SH / U DIED STRAY A678266 RECEIVING DOMESTIC SH 1 U DIED FOSTER A678280 RECEIVING DOMESTIC SH 0 I 1 M DIED FOSTER A678281 RECEIVING DOMESTIC SH 0 / 1 M DIED FOSTER A678282 RECEIVING DOMESTIC SH 0 / 1 M DIED FOSTER A678029 RECEIVING DOMESTIC SH 0 / 2 F DIED FOSTER A676852 FOSTER DOMESTIC SH 0 I 2 M DIED FOSTER A676854 FOSTER DOMESTIC SH 0 / 2 F DIED FOSTER A676580 RECEIVING DOMESTIC SH 0 I 2 F DIED FOSTER A676967 NURSERY5 DOMESTIC SH 0 / 3 F DIED FOSTER A676968 NURSERY5 DOMESTIC SH 0 / 3 M DIED Total: 1a EUTH STRAY A677833 RECEIVING DOMESTIC SH I U EUTH STRAY A677835 RECEIVING DOMESTIC SH I U EUTH STRAY A677836 RECEIVING DOMESTIC SH / U EUTH STRAY A677837 RECEIVING DOMESTIC SH / U EUTH FOSTER A675420 VET DOMESTIC SH I M EUTH STRAY A677912 RECEIVING DOMESTIC SH / U EUTH FOSTER A677421 RECEIVING DOMESTIC SH 0 I 3 F EUTH BORN HERE A678287 RECEIVING DOMESTIC SH / U EUTH BORN HERE A678288 RECEIVING DOMESTIC SH / U EUTH BORN HERE A678289 RECEIVING DOMESTIC SH • I U EUTH EUTH REQ A678248 RECEIVING DOMESTIC LH I S EUTH BORN HERE A678259 RECEIVING DOMESTIC SH 0 / 1 U EUTH FOSTER A677681 RECEIVING DOMESTIC SH 0 / 2 M EUTH STRAY A678349 RECEIVING DOMESTIC MH 0 / 2 U EUTH STRAY A678350 RECEIVING DOMESTIC MH / U EUTH STRAY A678351 RECEIVING DOMESTIC MH / U EUTH STRAY A678352 RECEIVING DOMESTIC MH / U EUTH STRAY A678378 RECEIVING DOMESTIC SH / U EUTH STRAY A678475 RECEIVING DOMESTIC SH 0 / 2 F EUTH FOSTER A677441 RECEIVING DOMESTIC SH 0 I 2 F EUTH STRAY A678000 RECEIVING DOMESTIC SH / U EUTH STRAY A676544 RECEIVING DOMESTIC SH 13 / 2 N EUTH OWNER SUR A676069 RECEIVING DOMESTIC SH 2 / 2 S EUTH FOSTER A678511 RECEIVING DOMESTIC SH / U EUTH STRAY A677773 RECEIVING DOMESTIC SH 1 / 0 M EUTH STRAY A677953 RECEIVING DOMESTIC SH / M EUTH ■ STRAY A678584 NURSERY1 DOMESTIC SH 0 / 2 F EUTH 3 P534 City of Rancho Cucamonga Outcome Totals From 6/1/2014 To 6/30/2014 STRAY A678652 RECEIVING DOMESTIC SH / U EUTH STRAY A678655 RECEIVING DOMESTIC SH / U EUTH FOSTER A678482 RECEIVING DOMESTIC SH / U EUTH STRAY A678739 RECEIVING DOMESTIC SH / M EUTH STRAY A678789 RECEIVING DOMESTIC SH / F EUTH STRAY A678791 RECEIVING DOMESTIC SH / F EUTH STRAY A678793 RECEIVING DOMESTIC SH / U EUTH STRAY A678794 RECEIVING DOMESTIC SH / U EUTH STRAY A678795 RECEIVING DOMESTIC SH / U EUTH FOSTER A678510 RECEIVING DOMESTIC SH / U EUTH STRAY A678599 TECH3 DOMESTIC SH 8 / 0 F EUTH Total:38 FOSTER STRAY A678382 RECEIVING DOMESTIC SH 0 / 3 F FOSTER STRAY A678383 RECEIVING DOMESTIC SH 0 / 3 M FOSTER STRAY A678384 RECEIVING DOMESTIC SH 0 / 3 F FOSTER STRAY • A678703 RECEIVING DOMESTIC SH 0 / 1 F FOSTER STRAY A678738 NURSERYI SNOWSHOE 0 / 1 F FOSTER STRAY A678704 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A678705 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A678706 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A678707 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A678471 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A678541 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A678653 RECEIVING DOMESTIC SH / U FOSTER ABANDONED A678702 FOSTER DOMESTIC SH 0 / 1 M FOSTER STRAY A878487 CABANAS DOMESTIC SH 0 / 2 M FOSTER STRAY A678202 FOSTER DOMESTIC MH 0 / 2 M FOSTER STRAY A678204 FOSTER DOMESTIC MH 0 / 2 M FOSTER STRAY A678206 FOSTER DOMESTIC MH 0 / 2 M FOSTER STRAY A678208 FOSTER DOMESTIC MH 0 / 2 F FOSTER STRAY A878546 RECEIVING DOMESTIC MH 0 / 2 M FOSTER STRAY A678547 RECEIVING DOMESTIC MH 0 / 2 F FOSTER STRAY A678548 RECEIVING DOMESTIC MH 0 / 2 F FOSTER STRAY A678549 RECEIVING DOMESTIC MH 0 / 2 M FOSTER STRAY A678550 RECEIVING DOMESTIC MH 0 / 2 M FOSTER STRAY A678323 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A678328 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677878 FOSTER SIAMESE 7 / 0 S FOSTER STRAY A678355 FOSTER DOMESTIC LH 0 / 2 M FOSTER STRAY A678357 FOSTER DOMESTIC LH 0 / 2 M FOSTER STRAY A678482 RECEIVING DOMESTIC SH / U FOSTER STRAY A678409 NURSERY-7 DOMESTIC SH 0 / 2 F FOSTER STRAY A678410 NURSERYI DOMESTIC SH 0 / 2 F FOSTER STRAY A678411 NURSERYI DOMESTIC SH 0 / 2 M FOSTER STRAY A678412 NURSERYI DOMESTIC SH 0 / 2 M FOSTER STRAY A678413 NURSERYI DOMESTIC SH 0 / 2 F FOSTER ABANDONED A678457 FOSTER DOMESTIC MR 0 / 1 F FOSTER STRAY A678480 RECEIVING DOMESTIC SH 0 I 1 F FOSTER STRAY A678408 FOSTER DOMESTIC SH 2 I 0 F FOSTER BORN HERE A678509 FOSTER DOMESTIC SH / U FOSTER BORN HERE A678510 FOSTER DOMESTIC SH / U FOSTER BORN HERE A678511 FOSTER DOMESTIC SH / • U FOSTER ABANDONED A678559 FOSTER DOMESTIC MH 0 / 1 F FOSTER ABANDONED A678560 FOSTER DOMESTIC LH 0 / 1 M FOSTER STRAY A678083 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A678084 RECEIVING DOMESTIC SH 0 / 2 F FOSTER FOSTER A677344 CICU9 DOMESTIC LH 0 / 2 F FOSTER 4 P535 City of Rancho Cucamonga Outcome Totals From 6/1/2014 To 6/30/2014 FOSTER A676671 RECEIVING DOMESTIC SH 0 I 2 M FOSTER STRAY A677688 CABANAS DOMESTIC SH 0 I 3 5 FOSTER STRAY A678049 NURSERY6 DOMESTIC LH 0 I 2 M FOSTER STRAY A678050 NURSERY6 DOMESTIC SH 0 / 2 F FOSTER FOSTER A677259 CICU1 DOMESTIC SH 0 / 2 F FOSTER FOSTER A677260 CICU1 DOMESTIC SH 0 / 2 F FOSTER OWNER SUR A678075 CC06 DOMESTIC SH 0 / 2 F FOSTER FOSTER A675384 CC09 DOMESTIC MH 0 / 6 N FOSTER FOSTER A675429 CC09 DOMESTIC SH 0 / 3 N FOSTER FOSTER A675430 CCO9 DOMESTIC SH 0 / '3 S FOSTER FOSTER A675431 CCO9 DOMESTIC SH 0 / 3 S FOSTER FOSTER A675432 CC09 DOMESTIC SH 0 / 3 N FOSTER STRAY A678279 RECEIVING DOMESTIC SH 0 I 1 M FOSTER STRAY A678280 RECEIVING DOMESTIC SH 0 / 1 M FOSTER STRAY A678281 RECEIVING DOMESTIC SH 0 / 1 M FOSTER STRAY A678282 RECEIVING DOMESTIC SH 0 / 1 M FOSTER STRAY A678025 NURSERYI DOMESTIC SH 0 / 3 F FOSTER STRAY A678029 CICUS DOMESTIC SH 0 / 2 F FOSTER STRAY A678260 NURSERY1 DOMESTIC SH 0 I 2 F FOSTER STRAY A678022 RECEIVING DOMESTIC SH 0 I 1 M FOSTER STRAY A678023 RECEIVING DOMESTIC SH 0 I 1 F FOSTER STRAY A677357 CABANA2 DOMESTIC MH 0 I 2 N FOSTER STRAY A677774 RECEIVING SIAMESE 0 / 3 F FOSTER STRAY A677820 FOSTER DOMESTIC MH 0 / 2 F FOSTER STRAY A677954 FOSTER DOMESTIC MH 0 / 2 M FOSTER STRAY A677344 CC30 DOMESTIC LH 0 / 2 F FOSTER FOSTER A676767 NURSERY6 DOMESTIC MH 0 / 3 M FOSTER FOSTER A676768 NURSERY6 DOMESTIC MH 0 1 3 F FOSTER FOSTER A675924 NURSERY7 DOMESTIC SH 0 / 3 S FOSTER STRAY _ A677510 FOSTER DOMESTIC LH 0 / 3 N FOSTER STRAY A677925 RECEIVING DOMESTIC SH 0 / 3 F FOSTER STRAY A677926 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A677927 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677986 NURSERY1 DOMESTIC LH 2 / 1 F FOSTER STRAY A677987 NURSERY1 DOMESTIC LH 0 / 2 M FOSTER STRAY A677988 NURSERYI DOMESTIC LH 0 I 2 F FOSTER STRAY A677989 NURSERY1 DOMESTIC LH 0 / 2 F FOSTER STRAY A677990 NURSERYI DOMESTIC LH 0 / 2 F FOSTER OWNER SUR A677663 GROOMI DOMESTIC LH 0 / 2 F FOSTER STRAY A677700 NURSERY4 DOMESTIC SH 0 / 2 F FOSTER STRAY A677776 NURSERY1 DOMESTIC SH 0 I 1 F FOSTER STRAY A677777 NURSERYI SNOWSHOE 0 / 3 M FOSTER STRAY A677778 NURSERY1 DOMESTIC SH 0 / 2 M FOSTER STRAY A677132 CABANA4 DOMESTIC SH 0 / 2 S FOSTER STRAY A677135 CABANA4 DOMESTIC SH 0 / 2 N FOSTER STRAY A677671 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677679 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A677680 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677681 RECEIVING DOMESTIC SH 0 / 2 M FOSTER STRAY A677682 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677683 RECEIVING DOMESTIC SH 0 / 2 F FOSTER STRAY A677714 RECEIVING DOMESTIC MH 0 / 2 M FOSTER STRAY A677717 RECEIVING DOMESTIC MH / F FOSTER STRAY A677719 RECEIVING DOMESTIC MH / M FOSTER ABANDONED A676852 NURSERY9 DOMESTIC SH 0 / 2 M FOSTER ABANDONED A876854 NURSERY9 DOMESTIC SH 0 / 2 F FOSTER FOSTER A677337 CABANA6 DOMESTIC SH 0 1 3 F FOSTER FOSTER A674943 PETSMART-G DOMESTIC SH 0 / 4 S FOSTER 5 P536 City of Rancho Cucamonga Outcome Totals From 6/1/2014 To 6/30/2014 Total:103 MISSING ABANDONED A868418 CICU2 DOMESTIC SH 1 / 2 N MISSING Total:1 RTO STRAY A678392 TECH2 DOMESTIC SH 7 / 1 N RTO Total:l TNR TNR A678337 RECEIVING SIAMESE 5 / 0 N TNR TNR A678500 RECEIVING DOMESTIC SH ' 2 / 0 N TNR TNR A678597 RECEIVING DOMESTIC SH 1 r 0 S TNR TNR A678598 RECEIVING DOMESTIC SH 0 / 9 S TNR STRAY A677930 RECEIVING DOMESTIC SH 4 / 0 S TNR STRAY A677952 RECEIVING DOMESTIC SH 2 / 0 N TNR STRAY A677618 RECEIVING DOMESTIC SH / N TNR TNR A677976 RECEIVING DOMESTIC SH / S TNR STRAY A677855 RECEIVING DOMESTIC SH I S TNR STRAY A677356 RECEIVING DOMESTIC LH 3 / 1 S TNR TNR A678017 RECEIVING DOMESTIC LH / S TNR TNR A678018 RECEIVING DOMESTIC LH / N TNR STRAY A677258 RECEIVING DOMESTIC SH 1 / 1 S TNR STRAY A676089 RECEIVING DOMESTIC LH 0 / 4 N TNR TNR A678277 RECEIVING DOMESTIC SH 2 / 1 N TNR STRAY A677212 RECEIVING DOMESTIC SH / N TNR Total:16 • DOG INTAKE TYPE ID KENNEL BREED YRS/MO SEX OUTCOME TYPE ADOPTION STRAY A677555 RECEIVING WELSH CORGI CAR/ PAPILLO! / 1 N ADOPTION STRAY A677722 SMDOG19 CHIHUAHUASH 0 / 3 S ADOPTION OWNER SUR A676112 38 LAKELAND TERR/ MIX 10 / 2 N ADOPTION STRAY A676520 FRONT POODLE MIN 8 / 2 N ADOPTION STRAY A677974 SMDOG3 CAVALIER SPAN 3 I 1 N ADOPTION STRAY A678100 SMDOG9 PAPILLON/ CHIHUAHUA LH 2 / 1 N ADOPTION STRAY A677789 SMDOG16 COCKER SPAN/ MIX 3 / 1 N ADOPTION STRAY A678129 SMDOG8 SHIN TZU 2 / 1 N ADOPTION OWNER SUR A678090 TECH2 PAPILLON 3 / 1 S ADOPTION STRAY A677372 SMDOG27 CHIHUAHUA SH 0 / 3 S ADOPTION OWNER SUR A677400 SMDOG36 CHIHUAHUASH 12 / 5 N ADOPTION STRAY A677876 SMDOG31 MALTESE/ SCOT TERRIER 0 / 11 N ADOPTION FOSTER A677339 SMDOG13 CHIHUAHUASH 0 / 3 N ADOPTION STRAY A677378 30 POODLE TOY 2 / 1 N ADOPTION STRAY A676746 - 36 BASENJI/ ITAL GREYHOUND 2 / 1 S ADOPTION STRAY A677801 19 BASSET HOUND 2 / 1 N ADOPTION STRAY A677844 RECEIVING LHASA APSO/ COCKER SPAN4 / 1 N ADOPTION STRAY A677873 SMDOG7 DACHSHUND/ CHIHUAHUA SIB / 3 N ADOPTION STRAY A677929 RECEIVING BORDER TERRIER 0 / 4 N ADOPTION OWNER SUR A677940 RECEIVING AKITA/ GERM SHEPHERD 0 / 12 S ADOPTION STRAY A677485 34 BORDER TERRIER! MIX 2 / 1 N ADOPTION STRAY A677486 34 BORDER TERRIER! MIX 1 / 1 N ADOPTION STRAY A677244 24 AUST CATTLE DOG/ BORDERS / 1 S ADOPTION 6 P537 ) City of Rancho Cucamonga Outcome Totals 1 From 6/112014 To 6/30/2014 STRAY A676297 RECEIVING POODLE TOY 3 1 2 N ADOPTION STRAY A677965 34 SIBERIAN HUSKY/ MIX 3 1 1 S ADOPTION STRAY A651332 03 ROTTWEILER 6 / 7 N ADOPTION RETURN A668977 38 WELSH CORGI CAR/ CHIHUAB / 10 S ADOPTION RETURN A675187 47 LABRADOR RETR/ CHINESE SI / 3 S ADOPTION STRAY A677363 SMDOG34 CAVALIER SPAN/ MIX 2 / 1 N ADOPTION STRAY A677538 RECEIVING GERM SHEPHERD I LABRADCB / 4 S ADOPTION ABANDONED A677583 RECEIVING CHIHUAHUA SH 6 / 1 S ADOPTION RETURN A672418 41 POINTER/ MIX 1 / 7 N ADOPTION STRAY A676250 SMDOG22 POMERANIAN/ SHETLD SHEEF / 2 N ADOPTION STRAY A676279 26 LABRADOR RETR/ DOBERMAL / 7 N ADOPTION STRAY A677425 SMDOG31 SILKY TERRIER/ MIX 1 / 1 N ADOPTION STRAY A677444 RECEIVING SAMOYED I MIX 1 I 1 N ADOPTION STRAY A676530 10 LABRADOR RETR I MIX 1 / 8 N ADOPTION STRAY A678719 RECEIVING NORWICH TERRIER 1 I 1 N ADOPTION RETURN A677324 SMDOG27 BORDER TERRIER/ MIX 5 / 4 S ADOPTION RETURN A676487 19 BOXER/ LABRADOR RETR 2 I 2 S ADOPTION STRAY A676074 TECH1 MALTESE/ POODLE MIN 5 / 2 S ADOPTION STRAY A676260 FRONT DACHSHUND WH/ MIX 1 I 2 N ADOPTION STRAY A676586 06 GERM SHEPHERD 0 I 4 S ADOPTION FOSTER A677040 SMDOG28 CHIHUAHUA SH 0 / 3 S ADOPTION RETURN A674808 47 AMER BULLDOG 1 I 2 N ADOPTION STRAY A676259 SMDOGI9 CHIHUAHUASH 1 / 2 N ADOPTION STRAY A672236 06 GERM SHEPHERD 1 I 7 N ADOPTION STRAY A677369 SMDOG32 CHIHUAHUA SH 3 / 1 N ADOPTION 1 STRAY A677409 RECEIVING POODLE MIN 2 / 1 S ADOPTION FOSTER A675200 35 CHIHUAHUA SH 0 / 4 N ADOPTION OWNER SUR A675479 38 COCKER SPAN/ MIX 11 / 3 S ADOPTION STRAY A676524 34 PIT BULL/ LABRADOR RETR 0 / 11 S ADOPTION FOSTER A676613 RECEIVING POODLE TOY 0 I 3 N ADOPTION STRAY A676714 08 SIBERIAN HUSKY/ DOBERMAB / 12 S ADOPTION STRAY A676786 SMDOG5 BEAGLE I MIX 1 / 1 N ADOPTION FOSTER A675201 35 CHIHUAHUA SH 0 / 4 N ADOPTION STRAY A675522 24 LABRADOR RETR I BOXER 0 / 9 S ADOPTION STRAY A676087 SMDOG3 SCHNAUZER MIN/ MIX 1 I 8 S ADOPTION STRAY A674825 28 CANAAN DOG 0 / 12 N ADOPTION STRAY A644261 RECEIVING SHIH TZU/ MIX 4 / 3 N ADOPTION OWNER SUR A676273 SMDOG28 MIN PINSCHER/ DACHSHUNDP / 2 N ADOPTION STRAY A876490 51 PIT BULL 1 / 2 S ADOPTION STRAY A677228 46 SIBERIAN HUSKY! MIX 0 / 11 S ADOPTION STRAY A677253 22 BASENJI/ MIX 1 / 1 S ADOPTION CONFISCATE A677326 RECEIVING MALTESE/ MIX 3 / 1 S ADOPTION STRAY A677992 56 PIT BULL 0 I 10 N ADOPTION STRAY A678020 37 QUEENSLAND HEEL 3 / 1 N ADOPTION STRAY A676330 SMDOG36 SILKY TERRIER/ MIX 3 / 0 N ADOPTION ABANDONED A678387 RECEIVING PLOTT HOUND/ MIX 0 I 2 N ADOPTION STRAY A677766 39 WEST HIGHLAND/ MIX 4 I 1 N ADOPTION STRAY A674936 SMDOG13 CHIHUAHUASH/ PUG 8 I 4 N ADOPTION STRAY A674941 04 PIT BULL I MIX 1 I 4 N ADOPTION STRAY A675159 20 OLD ENG BULLDOG/ MIX 2 I 3 S ADOPTION RETURN A677069 42 OLD ENG BULLDOG 1 I 7 S ADOPTION FOSTER A675896 FOSTER CHIHUAHUA SH/ MIX 6 / 2 S ADOPTION STRAY A676258 FRONT CHIHUAHUA SH 3 I 2 S ADOPTION STRAY A678099 SMDOG19 CHIHUAHUA SH/ MIN PINSCHB / 3 N ADOPTION STRAY A676352 SMDOG17 CHIHUAHUA SH 6 / 2 S ADOPTION STRAY A675192 SMDOG1 CHIHUAHUASH 2 I 3 S ADOPTION STRAY A676686 09 GERM SHEPHERD 3 / 2 S ADOPTION STRAY A678087 07 QUEENSLAND HEEL 3 / 1 N ADOPTION STRAY A678134 SMDOG32 BORDER TERRIER 0 / 12 S ADOPTION 7 P538 City of Rancho Cucamonga Outcome Totals From 611/2014 To 6/3012014 STRAY A677575 SURGERY CHIHUAHUA SH 1 / 1 S ADOPTION STRAY A677736 32 BOSTON TERRIER/ MIX 1 / 1 N ADOPTION STRAY A674324 16 PIT BULL/ MIX 1 / 2 S ADOPTION RETURN A635191 SMDOGB MIN PINSCHER 11 I 3 N ADOPTION OWNER SUR A678091 SMDOG25 CHIHUAHUASH 5 I 1 S ADOPTION Total:87 DIED STRAY A678582 DICU3 CHIHUAHUASH 0 / 2 M DIED STRAY A677983 RECEIVING POODLE MIN 1 / 7 M DIED Total:2 EUTH EUTH REQ A677969 RECEIVING MALTESE 6 / 1 S EUTH STRAY A675062 05 BEAGLE/ LABRADOR RETR 3 / 4 S EUTH STRAY A677280 RECEIVING CHIHUAHUASH 6 / 1 M EUTH OWNER SUR A677665 58 LABRADOR RETR 1 / 10 N EUTH STRAY A677841 51 GERM SHEPHERD 10 / 1 M EUTH OWNER SUR A677877 59 PIT BULL/ MIX 5 I 1 S EUTH OWNER SUR A677878 57 JACK RUSS TERR 13 I 1 N EUTH OWNER SUR A677879 RECEIVING PIT BULL 4 / 1 N EUTH OWNER SUR A676929 62 SIBERIAN HUSKY/ MIX 6 / 6 S EUTH STRAY A677808 RECEIVING CHIHUAHUA SH 1 / 1 M EUTH STRAY A677593 RECEIVING BOXER I F EUTH OWNER SUR A677383 RECEIVING PUG/ MIX 12 / 1 M EUTH EUTH REQ A267852 RECEIVING GREAT DANE 10 / 7 S EUTH STRAY A677206 RECEIVING POODLE TOY 7 / 1 N EUTH STRAY A677803 56 PIT BULL 1 / 1 F EUTH OWNER SUR A644309 RECEIVING AM PIT BULL TER 5 / 1 N EUTH STRAY A677255 28 PIT BULL 1 / 1 F EUTH STRAY A678128 TECH3 POMERANIAN 10 / 1 F EUTH EUTH REQ A678803 RECEIVING VIZSLA 14 / 10 N EUTH STRAY A678363 DICU1 CHIHUAHUA SH 0 / 2 M EUTH STRAY A678384 DICU1 CHIHUAHUA SH 0 / 2 U EUTH EUTH REQ A678534 RECEIVING LABRADOR RETR 15 / 0 M EUTH STRAY A676637 53 DOBERMAN PINSCH/ BEAGLRI / 2 M EUTH STRAY A677752 03 GERM SHEPHERD 6 / 1 F • EUTH OWNER SUR A676670 05 LABRADOR RETR/ PIT BULL 0 / 11 N ' EUTH Total:25 FOSTER FOSTER A676693 28 GERM SHEPHERD/ MIX 1 / 2 F FOSTER STRAY A678476 RECEIVING POMERANIAN 1 / 6 F FOSTER TRANSFER A678122 RECEIVING JACK RUSS TERR 2 / 1 F FOSTER BORN HERE A678295 RECEIVING JACK RUSS TERR 0 / 1 F FOSTER BORN HERE A678296 RECEIVING JACK RUSS TERR 0 / 1 F FOSTER BORN HERE A678297 RECEIVING JACK RUSS TERR 0 / 1 M FOSTER BORN HERE A678298 RECEIVING JACK RUSS TERR 0 / 1 F FOSTER BORN HERE A678299 RECEIVING JACK RUSS TERR 0 / 1 M FOSTER BORN HERE A678300 RECEIVING JACK RUSS TERR 0 / 1 M FOSTER BORN HERE A678055 FOSTER CHIHUAHUASH 0 / 2 M FOSTER BORN HERE A678056 FOSTER CHIHUAHUASH 0 / 2 F FOSTER BORN HERE A678057 FOSTER CHIHUAHUASH 0 / 2 F FOSTER BORN HERE A678058 FOSTER CHIHUAHUA SH 0 / 2 F FOSTER Total:11 RESCUE STRAY A675819 RECEIVING MALTESE/ SHIH TZU 1 I 3 N RESCUE STRAY A676359 RECEIVING CHIHUAHUA SH 5 / 2 N RESCUE STRAY A676689 SMDOG9 CHIHUAHUASH 1 I 8 S RESCUE STRAY A676697 RECEIVING CHIHUAHUASH 1 / 8 N RESCUE 8 P539 City of Rancho Cucamonga Outcome Totals From 6/1/2014 To 6/30/2014 RETURN A671102 RECEIVING CHIHUAHUA SH/ MIX 2 / 2 S RESCUE RETURN A673833 RECEIVING CHIHUAHUA SH/ MIX 1 / 5 S RESCUE RETURN A673834 RECEIVING CHIHUAHUA SH/ MIX 1 / 5 S RESCUE STRAY A674352 RECEIVING CHIHUAHUA SH/ MIX 3 / 4 N RESCUE STRAY A674368 RECEIVING CHIHUAHUA SH 2 / 4 S RESCUE STRAY A678096 SMDOG14 CHIHUAHUASH/ MIX 3 / 1 F RESCUE STRAY A877748 06 PIT BULL 0 / 3 N RESCUE STRAY A677543 37 COCKER SPAN/ MIX 3 / 1 S RESCUE STRAY A676638 30 BEAGLE/ MIX 3 / 8 S RESCUE ABANDONED A676540 SMDOG18 LHASAAPSO 1 / 8 N RESCUE STRAY A675794 43 COCKER SPAN 7 / 3 N RESCUE STRAY A677706 22 SIBERIAN HUSKY 2 / 1 M RESCUE STRAY A676816 16 GERM SHEPHERD/ MIX 2 / 1 M RESCUE STRAY A677519 60 LABRADOR RETR/ MIX 5 / 1 M RESCUE STRAY A676449 SMDOG24 WEST HIGHLAND 4 / 1 N RESCUE Total:19 • RTO OWNER SUR A678002 01 SCHNAUZER MIN 8 / 1 M RTO OWNER SUR A678003 01 SCHNAUZER MIN 8 / 1 M RTO OWNER SUR A678005 01 JACK RUSS TERR 4 I 1 M RTO STRAY A677702 RECEIVING COCKER SPAN 9 / 5 N RTO STRAY A677755 RECEIVING SIBERIAN HUSKY 3 I 7 N RTO STRAY A677824 RECEIVING BORDER TERRIER 0 / 9 M RTO STRAY A677825 RECEIVING BORDER TERRIER 0 / 9 F RTO STRAY A266641 TECH2 SHIH TZU 10 / 5 S RTO STRAY A619939 RECEIVING BOSTON TERRIER 7 1 9 M RTO STRAY A678124 RECEIVING SC WHEAT TERR 11 / 1 N RTO STRAY A614513 RECEIVING BOXER 8 / 8 N RTO STRAY A678313 RECEIVING LABRADOR RETR/ MIX / S RTO STRAY A678361 RECEIVING PUG/ MIX 14 / 1 N RTO STRAY A678377 59 SIBERIAN HUSKY 0 / 7 F RTO STRAY A678252 RECEIVING BEAGLE 9 / 1 N RTO CONFISCATE A677893 RECEIVING POMERANIAN 3 / 7 S RTO STRAY A678275 RECEIVING CHIHUAHUA SH 11 I 1 F RTO STRAY A642967 RECEIVING AUST SHEPHERD 11 / 4 N RTO STRAY A678021 RECEIVING MALTESE/ MIX 8 / 1 S RTO STRAY A656582 RECEIVING PIT BULL 2 / 9 M RTO STRAY A678078 RECEIVING SIBERIAN HUSKY 1 / 1 F RTO STRAY A204562 RECEIVING YORKSHIRE TERR/ MIX I S RTO STRAY A678090 RECEIVING PAPILLON 3 / 1 S RTO STRAY A678677 RECEIVING MIN PINSCHER 7 / 0 S RTO STRAY A878752 RECEIVING CHIHUAHUA SH/ MIX 0 / 3 M RTO STRAY A678343 RECEIVING PAPILLON 5 / 0 S RTO STRAY A678553 55 SIBERIAN HUSKY 3 / 0 F RTO STRAY A678583 RECEIVING POODLE TOY 2 / 0 N RTO STRAY A678648 RECEIVING BULL TERRIER 5 / 0 S RTO STRAY A678714 RECEIVING POODLE MIN 1 1 6 F RTO STRAY A678719 RECEIVING CHIHUAHUA SH/ MIX / M RTO STRAY A673086 RECEIVING YORKSHIRE TERR I CHIHUAHB I 0 S RTO STRAY A678406 RECEIVING LABRADOR RETR/ MIX 14 I 1 N RTO STRAY A678486 RECEIVING LABRADOR RETR 0 / 8 M RTO STRAY A678502 RECEIVING GERM SHEPHERD 5 / 0 M RTO STRAY A678503 RECEIVING GERM SHEPHERD 4 / 0 M RTO STRAY A612085 RECEIVING RAT TERRIER 8 / 8 N RTO STRAY A678561 RECEIVING JACK RUSS TERR/ MIX 2 / 0 M RTO STRAY A678507 RECEIVING YORKSHIRE TERR 1 / 8 F RTO STRAY A678508 RECEIVING BOXER 15 / 0 S RTO Total :40 9 P540 STAFF REPORT tip CITY MANAGER'S OFFICE RANCHO Date: July 16, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Erika Lewis-Huntley, Management Analyst III °WC— By: Michael Parmer, Management Analyst I Subject: APPROVAL TO ALLOCATE $8,000 AWARDED BY KAISER FOUNDATION HOSPITAL, SOUTHERN CALIFORNIA REGION INTO HEALTHY RC REVENUE ACCOUNT NO. 1218000-4905 AND APPROPRIATE $8,000 INTO ACCOUNT NO. 1218102-5200/0-3716 FOR COSTS ASSOCIATED WITH THE DEVELOPMENT AND COORDINATION OF THE HEALTHY RC BRINGING HEALTH HOME PROGRAM. RECOMMENDATION Staff recommends that the City Council grant approval to allocate $8,000 awarded by Kaiser Foundation Hospital, Southern California into Healthy RC Revenue Account No. 1218000-4905 and appropriate $8,000 into Account No. 1218102-5200/0-3716 for costs associated with the development and coordination of the Healthy RC Bringing Health Home Program. BACKGROUND Since the program first began in 2011, the City of Rancho Cucamonga's Bringing Health Home (BHH) program has served 469 Rancho Cucamonga families, reaching approximately 1,400 individuals. The BHH program provides families with a $30 monthly financial incentive (via dollar- to-dollar match) to make healthy food purchases at Rancho Cucamonga farmer's markets. All grant funds from Kaiser Foundation Hospital will be used to stimulate healthy food purchases and increase access to fresh, healthy food for residents. Program participants are required to attend an educational workshop where they learn about the importance of financial literacy and the benefits of healthy eating, and participate in a healthy cooking demonstration by a professional chef. The grant is effective from July 1, 2014 to June 30, 2015. FISCAL IMPACT No matching funds required. P541 STAFF REPORT ti ADMINISTRATIVE SERVICES GROUP L � RANCHO Date: July 16, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager 1� From: Lori Sassoon, Deputy City Manager/Administrative Services Y/ By: Manuel Pilonieta, Information Services Manager Subject: APPROVAL TO AWARD A SINGLE SOURCE CONTRACT WITH DELL DIRECT TO PURCHASE THREE (3) DELL EQUALLOGIC STORAGE AREA NETWORK SYSTEMS AND SIX (6) COMPUTER SERVER SYSTEMS AND MAINTENANCE IN THE AMOUNT OF $220,090 FUNDED FROM ACCOUNT 1714001-5605 (COMPUTER EQUIPMENT/TECHNOLOGY REPLACEMENT FUND, CAPITAL OUTLAY- COMPUTER EQUIPMENT) RECOMMENDATION It is recommended that the City Council approve the award of a single source contract with Dell Direct to purchase three (3) Dell Equallogic storage area network systems and six (6) computer server systems and maintenance in the amount of$220,090 funded from account 1714001-5605 (Computer Equipment/Technology Replacement Fund, Capital Outlay-Computer Equipment). BACKGROUND In support of the City's computer services, the Information Services Division maintains network-based storage services (Storage Area Networks) and servers and has standardized on Dell products and services. As part of an annual lifecycle strategy to replace aging and end-of life equipment, and in order to meet the ongoing requirements of staff and projects, storage area network and server equipment and maintenance need to be purchased. Staff recommends a single-source purchase from the manufacturer and maintenance provider, Dell Direct, who is offering a discount that is not available through Dell's network of authorized value- added resellers. P542 STAFF REPORT DEPARTMENT Lt Date: July 16, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillman, City Manager From: Candyce Burnett, Planning Manager By: Jennifer Nakamura, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2014-00205 CITY OF RANCHO CUCAMONGA - A supplement to Development Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. Staff has prepared a Negative Declaration of the environmental impacts for consideration. • RECOMMENDATION: Staff recommends the City Council approve the second reading of Ordinance Number 867 as acted upon by the City Council at a public hearing at the July 2, 2014 meeting, thereby approving a supplemental update to the Development Code. BACKGROUND: On July 2, 2014, staff provided an oral presentation at a public hearing to the City Council detailing the changes prescribed in Ordinance Number 867. The changes prescribed in Ordinance Number 867 are mostly procedural in nature. They would: (1) reinstate development standards that were unintentionally omitted; (2) correct technical errors; (3) streamline the development review process and (4) clarify existing regulations. The Ordinance has been drafted to be consistent with the goals and policies of the General Plan, adopted in May 2010. In addition, Ordinance Number 867 adopts a Negative Declaration of environmental impacts. This Development Code Amendment affects the City as a whole and does not impact any single development. Based on the findings contained in the Initial Study, City staff determined that there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. No public comment was received. Respectfully submitted, Candyce Burnett -� Planning Manager CB:JN P543 ORDINANCE NO. 867 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 28, 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 14-15, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On July 2, 2013, 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 July 2, 2013, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt a supplemental update to the Development Code in order to (i) reinstate development standards that were unintentionally omitted; (ii) correct technical errors; (iii) streamline the development review process; and (iv) clarify existing regulations; and b. The City has prepared a set of amendments (the "Amendments"), which is included as Attachment 1. SECTION 3: The City has prepared 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. 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 finds that the Negative Declaration complies with the California Environmental Quality Act, its Ordinance No. 867 (Second Reading) - Page 1 of 2 P544 implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA"). SECTION 4: The City Council hereby adopts the Amendments to the Development Code attached to this Ordinance and incorporated herein by reference as Attachment 1. SECTION 5: 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 6: 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 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause a Summary of this Ordinance to be published in the manner prescribed by law. Ordinance No. 867 (Second Reading) - Page 2 of 2 P545 Rancho Cucamonga Development Code Article I, Chapter 17.04 Chapter 17.04 Administrative Responsibility Sections: Section 17.04.010 Purpose 17.04-1 Section 17.04.020 Planning Agency 17.04-1 Section 17.04.010 Purpose The purpose of this Chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Planning Director, Planning Commission, City Council) for purposes of this Title. Section 17.04.020 Planning Agency California Government Code §65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the Title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City. A. Planning Director. The Planning Director, or designee, shall have the responsibility and authority to administer and enforce this Title as follows: 1. Application Process. Receive and review all applications for development pursuant to this Title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the Development Review Committees, Planning Commission, Historic Preservation Commission, and City Council. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this Title. 3. Amendment. Initiate action for amendment of this Title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this Title. 4. Permit Issuance. Issue permits under this Title and certify that all such permits are in full conformance with its requirements. 5. Coordination. Refer and coordinate matters related to the administration of this Title with other agencies and City departments and provide information on the status of all development permits. 6. Authority. Serve as the administrative zoning body and exercise that authority set forth in Government Code §65900 et seq. 17.04-1 ATTACHMENT A P546 Article I, Chapter 17.04 Rancho Cucamonga Development Code Ca. Design Review Committee. The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee's emphasis is on quality design in the community as described in the City's General Plan and this Title. The Design Review Committee consists of two Planning Commissioners and the Planning Director(or his or her designee). PC. Technical Review Committee. The Technical Review Committee ensures a project conforms to adopted building and engineering standards. The Technical Review Committee consists of representatives from Planning, Engineering, Public Works and Building and Safety departments, as well as the Rancho Cucamonga Fire District. Representatives from outside agencies, such as the Cucamonga Valley Water District (CVWD), also provide comments. The focus of their review includes, but is not limited to, public improvements(such as streets, curbs, gutters), access to and from the public right-of-way and the project site, utilities, emergency access and circulation, fire hydrant locations, and landscaping in the public right-of-way. &D. Trails Advisory Committee. The Trails Advisory Committee is composed of two members of the Planning Commission and one member of the Planning Department, as well as equestrians and bicyclists. The Committee meets monthly to discuss and provide recommendations to the City Council on the development of the City's trail system. RE. City Manager. The City Manager or designee shall oversee the work of the Planning Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. 6F. Planning Commission. Pursuant to California Government Code §65101, and as provided in Chapter 2.20, the City of Rancho Cucamonga has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in Article II (Land Use and Development Procedures). 2. Initiate studies of amendments to this Title and make recommendations to the City Council for amendments as provided in Article II (Land Use and Development Procedures) and in Government Code §65853. 3. Hear and make recommendations to the City Council on applications for zoning amendments, the General Plan and amendments thereto, Specific Plans, prezoning, and other related planning studies. 17.04-2 P547 Rancho Cucamonga Development Code Article II, Chapter 17.16 Chapter 17.16 Planning Director Decisions Sections: Section 17.16.010 Purpose and Applicability 17.16-1 Section 17.16.020 Official Code Interpretations 17.16-1 Section 17.16.025 Director Determination Process (with Notice) 17.16-2 Section 17.16.030 Plan Check/Zoning Clearance 17.16-2 Section 17.16.040 Home Occupation Permit 17.16-3 Section 17.16.050 Sign Permit 17.16-4 Section 17.16.060 Uniform Sign Program 17.16-4 Section 17.16.070 Temporary Use Permit 17.16-5 Section 17.16.080 Tree Removal Permit 17.16-6 Section 17.16.090 Similar Use Determination 17.16-10 Section 17.16.100 Site Development Review 17.16-11 Section 17.16.110 Minor Exceptions 17.16-13 Section 17.16.120 Conditional Use Permit 17.16-14 Section 17.16.130 Minor Design Review 17.16-15 Section 17.16.140 Hillside Development Review 17.16-18 Section 17.16.150 Reasonable Accommodation 17.16-23 Section 17.16.160 Large Family Day Care Permit 17.16-26 Section 17.16.010 Purpose and Applicability The purpose of this Section is to establish procedures for planning and zoning related permits that are decided administratively by City staff or the Planning Director. Each permit and entitlement type is described in this Article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Table 17.14.060-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative and Planning Director permits and entitlements and indicates whether the decision may be appealed. Section 17.16.020 Official Code Interpretations A. Purpose and Applicability. The Planning Director may issue official code interpretation pursuant to this Section when, in his or her opinion, the meaning or applicability of any provision of this Code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this Title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the Planning Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.The Planning Director may issue an official interpretation or refer the question to the Planning Commission for a determination. B. Review Process. 1. Official code interpretations shall be issued in writing and shall state the facts upon which the Planning Director relied to make the determination. 17.16-1 • P548 Rancho Cucamonga Development Code Article II, Chapter 17.16 D. Findings. The Planning Director shall make a Similar Use Determination after finding all of the following. If the Planning Director does not make all of these findings, he/she shall not make the Similar Use Determination: 1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district. 2. The proposed use will be consistent with the purposes of the applicable zoning district. - 3. The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the Development Code. E. Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing,to the applicant and interested parties. The notice shall include: 1. A brief statement explaining the criteria and standards considered relevant to the decision. 2. A statement of the standards and facts relied upon in rendering the decision. 3. An explanation of appeal rights and appeal deadlines. Section 17.16.100 Site Development Review A. Purpose.The purpose of Site Development Review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity. B. Applicability. All applications for Site Development Review are required for residential, commercial, industrial, and institutional projects, which may or may not involve the issuance of a Building Permit for construction or reconstruction of a structure, which meets the following criteria: 1. Residential Projects. The following residential projects require Site Development Review: Modification to approved architectural designs and building configurations for multifamily development, which do not create greater bulk, scale, or change in the line of sight; Residential additions equal to or greater than fifty percent (50%) of the existing square footage. 17.16-11 P549 Article II, Chapter 17.16 Rancho Cucamonga Development Code Thin. Architectural changes which de-net-change the basic form and theme; i Div. Exterior material or color changes which conflict with the original form and theme and which are not consistent and compatible with the original materials and colors; iv-v_New construction, expansion, reconfiguration or significant reconstruction of driveways. wvi. Installation of a satellite dish or antenna greater than twenty(20)square feet in surface area. 2. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Site Development Review: Changes to gross floor area of existing buildings or approved design plans which do not result in more than a 10 percent change; ii. New construction, expansion, reconfiguration or significant reconstruction of parking lots or driveways. Modification to approved architectural designs and building configurations, which do not create greater bulk, scale, or change in the line of sight. iv. Modifications to approved plans, which do not change the general location and layout of the site. v. The establishment and/or construction of an outdoor storage area on the same site as, and in conjunction with, an existing business that is less than ten percent (10%) the gross floor area of the primary use. vi. The construction and/or placement of silos, antennas not regulated by Chapter 17.106, water tanks, roof- or ground-mounted equipment visible from public view, or similar structures and equipment. vii. Grading alterations to approved plans that do not change the basic concept, increase slopes or building elevations or change the course of drainage. viii. Modification to existing landscaping or landscape plans in excess of five thousand (5,000) square feet. ix. Architectural changes which do not change the basic form and theme. • x. Exterior material or color changes which do not conflict with the original form and theme and which are consistent and compatible with the original materials and colors. xi. Modifications to existing site features (e.g., trellis, pergola, water features). 17.16-12 P550 Rancho Cucamonga Development Code Article II, Chapter 17.16 approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). D. Findings. The Director shall approve, or approve with conditions, an application for a Conditional Use Permit after finding all of the following. If the Director does not make all of these findings, he/she shall deny the Conditional Use Permit: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. 2. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. E. Conditions. In approving a Conditional Use Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.130 Minor Design Review A. Purpose. This Section establishes a Minor Design Review process for certain types of residential, commercial, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the General Plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. B. Applicability. Minor Design Review is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications: 1. Commercial, Industrial, and Institutional Proiects. The following commercial, industrial, and institutional projects require Minor Design Review: 14 New construction on vacant property, where the buildings are less than ten thousand (10,000) square feet in area. 2Tii. Structural additions or new buildings which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000) square feet. 17.16-15 P551 Article II, Chapter 17.16 Rancho Cucamonga Development Code Hi. Reconstruction projects which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000) square feet. &iv. Projects involving a substantial change or intensification of land use, - such as the conversion of an existing building to a restaurant. square footago. 2. Residential Proiects. The following residential projects require Minor Design Review: Residential construction involving four(4) or less dwelling units. 5:ii. Projects involving a substantial change or intensification of land use, such as the conversion of a residential structure to an office or commercial use. 6. Projocts involving a substantial chango or intoncification of land uso, such as C. Review Process. 1. An application for a Minor Design Review shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. 2. The Planning Director shall be the approving authority for Minor Design Reviews. The procedure for review and action shall be as provided in this Section. 3. All development proposals submitted pursuant to this Section may be reviewed by the following committees: (1) Design Review Committee-architecture and site planning; - -: •. _..... • .- : . :'•• •• • •.••:•; and (23) Technical Review Committee -compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. Upon acceptance of a complete application, projects subject to section 17.16.130 F 3 shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 5. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for 17.16-16 P552 Rancho Cucamonga Development Code Article II, Chapter 1716 specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. Hi. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 7-T6. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. D. Findings. The Planning Director, where authorized, shall make the following findings before approving a Minor Design Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 17.16-17 P553 Article II, Chapter 17.16 Rancho Cucamonga Development Code 4. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. E. Conditions. In approving a Minor Design Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.140 Hillside Development Review A. Purpose. The Hillside Development Review process provides a mechanism to review development proposals in sensitive hillside areas, the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of Rancho Cucamonga while allowing for reasonable development of land. B. Applicability. All projects within the Hillside Overlay District and any properties with an eight percent (8%) slope or greater, including but not limited to: 1. Construction of one or more single-family homes. 2. Proposed lot development in conjunction with a Tentative Subdivision Map. 3. Proposed lot development in conjunction with a General Plan or Development Code Amendment. 4. Design Review Committee review are-is required and arc is advisory to the Planning Director. C. Exceptions. Projects, which are limited in scope, (e.g., regrading of yard areas, pool/spa construction, additions to existing structures, and/or construction of accessory structures which are less than nine hundred sixty [960] square feet) may apply for a Minor Design Review. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or.riding rings, shall require a Hillside Design Review application. D. Application. An application for a Hillside Design Review shall be made on a form specified by the Planning Director and shall include, at minimum: 1. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. 2. A conceptual grading plan, which shall include the following items in addition to those required by the City's Submittal Requirement Checklist: A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage. 17.16-18 P554 Rancho Cucamonga Development Code Article II, Chapter 17.16 ii. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule: a. Natural slope of nineteen point nine percent (19.9%) or less requires two-foot (2') contours; b. Natural slope of twenty percent (20%) or greater requires five- foot (5') contours. 3. A conceptual drainage and flood control facilities map describing planned drainage improvements. 4. A slope analysis map for the purpose of determining the amount and location of land, as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch (1")to one hundred feet(100')and a contour interval of not more than two feet (2') provided that the contour interval may be five feet (5') when the slope is more than twenty percent (20%). This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries. Delineate slope bands in the range of zero (0) up to five percent (5%), five percent(5%) up to ten percent(10%),ten percent(10%) up to fifteen percent (15%), fifteen percent (15%) up to twenty percent (20%), twenty percent (20%) up to twenty-five percent (25%), twenty-five percent (25%) up to thirty percent (30%), and thirty percent(30%) or greater. Also included shall be a tabulation of the land area in each slope category specified in acres. 5. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the eight percent (8%) grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors. 6. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three (3) slope profiles shall be included with the slope analysis. The slope profiles shall: Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. 17.16-19 P555 Article II, Chapter 17.16 Rancho Cucamonga Development Code H. Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. iii. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least one hundred fifty feet (150'). iv. The profiles shall be drawn along those locations of the project site where: a. The greatest alteration of existing topography is proposed; b. The most intense or bulky development is proposed; c. The site is most visible from surrounding land uses; and d. At all site boundaries illustrating maximum and minimum conditions. At least two (2) of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a forty-five (45) degree angle to the other slope profiles and existing contour lines. 7. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions of this Chapter. 8. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. 9. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures, and open spaces. 10. In the event that no grading is proposed, e.g., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and septic system location for each parcel proposed,to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. 17.16-20 P556 Rancho Cucamonga Development Code Article II, Chapter 17.16 11. When unit development is proposed, illustrative building elevations that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot shall be provided. 12. The following items may be required if determined necessary by the Grading Gemmittti*fee Planning Director, or Planning Commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: A topographic model; ii. A line of sight or view analysis; ii. Photographic renderings; iv. Any other illustrative technique determined necessary to aid in review of a project. 13. Exceptions to the filing requirements may be permitted by the Planning Director based on the size and scope of the project. E. Review Process. 1. The Planning Director shall be the approving authority for Hillside Development Reviews. The procedure for review and action shall be as provided in this Section. 2. Scheduling for Review. Upon acceptance of a complete application, a project shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 3. All development proposals submitted pursuant to this Section may be reviewed by the Technical and-Design, and Crading Review committees: (1) Design Review Committee — architecture and site planning; (2) Grading Committoo and(23)Technical Review Committee—compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan,design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, 17.16-21 P557 Article II, Chapter 17.16 Rancho Cucamonga Development Code existing, or future developments, and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. the City's Hillside Development Regulations, Chapter 17.52 (Hillside 6,5 Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. F. Findings. The Planning Director, where authorized, shall make the following findings before approving a Hillside Development Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 4. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. G. Conditions. In approving a Hillside Development Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings 17.16-22 P558 Article ll, Chapter 17.16 Rancho Cucamonga Development Code 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. L. Time Extension. The Planning Director may approve a single one (1) year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the Director no less than thirty(30)days or more than ninety (90) days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. N. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Planning Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Zoning Code, or(2)the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 0. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this Title. P. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. Section 17.16.160 Large Family Day Care Permit A. Purpose. The requirement of a Lame Family Day Care Permit ensures that large family day cares in residential neighborhoods are compatible with the surrounding 17.16-26 P559 Rancho Cucamonga Development Code Article II, Chapter 17.16 neighborhood character. The Planning Director is authorized to approve, impose reasonable conditions upon such approval, or deny Large Family Day Care. B. Applicability. This Section applies to all Large Family Day Cares, as described in Section 17.32 (Allowed Use Descriptions). C. Review Process.An application for a Large Family Day Care Permit shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. The Planning Director is the approving authority for Large Family Day Care Permits. However, the Planning Director may also refer a Large Family Day Care Permit to the Planning Commission for review and approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). Upon acceptance of a Large Family Day Care Permit application, the Planning Director or a designated representative shall review the request for compliance with all State and Local standards. D. Public Notice. The Planning Director shall, not less than ten (10) days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application pursuant to Subsection 17.16.025 (Director Determination Process). E. Findings. A Large Family Day Care Permit shall be granted only when the Planning Director determines that the proposed Large Family Day Care complies with all of the following findings: 1. The proposed home occupation is consistent with the General Plan, any applicable Specific Plan or Planned Community, and all applicable provisions of this Title: 2. The proposed Large Family Day Care is consistent with all applicable State and Local laws and ordinances: and 3. The establishment, maintenance, or operation of the Large Family Day Care applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. F. Conditions. In approving a Large Family Day Care Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. 17.16-27 P560 Rancho Cucamonga Development Code Article II, Chapter 17.20 Chapter 17.20 Planning Commission Decisions Sections: Section 17.20.010 Purpose 17.20-1 Section 17.20.020 Entertainment Permit 17.20-1 Section 17.20.030 Variance 17.20-3 Section 17.20.040 Design Review 17.20-4 Section 17.20.050 Adult Entertainment Permit 17.20-8 Section 17.20.010 Purpose The purpose of this Chapter is to establish permits and entitlements that are decided by the Planning Commission. Each permit and entitlement type is described in this Chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Section 17.20.020 Entertainment Permit A. Purpose. The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. B. Applicability. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this Chapter. C. Exceptions. The provisions of this Chapter shall not be deemed to require a permit for any of the following: 1. Use of a radio or other electronic playback device, except when utilized by an announcer or disc jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds. 2. Entertainment provided for members and their guests at a private club where admission is not open to the public. 3. Entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground. 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three (3) month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. 17.20-1 P561 Article II, Chapter 17.20 Rancho Cucamonga Development Code Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. ii. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. ii. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. iv. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. v. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. F. Conditions. The Planning Commission is authorized to grant a Variance to achieve those purposes as prescribed in accordance with the procedure in this Section and impose reasonable conditions as the Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the Commission to make the findings required by Subsection 17.20.030.E (Findings). Section 17.20.040 Design Review A. Purpose. This Section establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project review by local responsible agencies and the Development/Design Review Committees in a timely and efficient manner; to ensure that development projects comply with all applicable. local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to maintain consistency with the General Plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. In addition,the City finds that a Design Review process will support the implementation of the General Plan, as it stresses quality community design standards. The City further finds that the quality of certain residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Section is not intended to restrict imagination, innovation, or variety, but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the City. It is the purpose of this Section to: 1. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. 17.20-4 P562 Rancho Cucamonga Development Code Article II, Chapter 17.20 2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets. 3. Maintain the public health, safety and general welfare, and property throughout the City. 4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development. 5. Reasonably ensure that new developments, including residential, institutional, commercial, and industrial developments, do not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the City in general. 6. Implement those sections of the City's General Plan that specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its harmonious development. 7. Minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. 8. Preserve significant topographic features, including rock outcroppings, native plant materials, and natural hydrology, while also encouraging improved drainage from lots directly to a street, storm drain, or through a public or privately maintained easement. 9. Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. 10. Encourage the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views, and arrangement and spacing to accomplish grading policies. 11. Help ensure that adequate school facilities for all existing and future residential development in the City are provided. 12. Help insure that adequate levels of public services are provided for existing and future development in the City. 13. Encourage orderly development of residences within areas more readily served by public services. 14. Encourage the development of master planned projects that provide the service needs of the residents of these projects. 15. Encourage use of energy conservation techniques in new residential development. B. Applicability. An application for Design Review is required for commercial, industrial, institutional, and residential projects with five (5) or more dwelling units involving the 17.20-5 P563 Article II, Chapter 17.20 Rancho Cucamonga Development Code issuance of a Building Permit for construction or reconstruction of a structure which meets the following criteria. Projects of a limited size and scope that do not meet the below criteria may require an application for Minor Design Review as defined in Section 17.16.130 (Minor Design Review). 1. New construction on vacant property where the proposed buildings are over ten thousand (10,000) square feet in size. 2. Structural additions or new buildings which are equal to or exceed fifty percent (50%) of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 3. Reconstruction projects which are equal to fifty percent(50%)of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 4. Any project being proposed along a special boulevard as defined by the General Plan, except for structures within projects with an approved Master Plan. 5. All projects which are master planned. Once the Master Plan, including • architectural guidelines, has been approved by the Planning Commission, individual structures may be approved by the Planning Director. 6. All shopping centers over ten thousand (10,000) square feet in size, except individual structures may be approved by the Planning Director where a Master Plan, including architectural guidelines, has been approved by the Planning Commission. 7. Certain projects within a hillside area are subject to review pursuant to Section 17.52 (Hillside Development). 8. All projects within Mixed Use Zoning Districts. C. Review Process. The Design Review Procedure is outlined below. 1. Scheduling for committee review. Upon acceptance of a complete application for Design Review approval, a project shall be set on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 2. All development proposals for Design Review are initially reviewed by the Technical_Qesigaand Design, and Grading Review committees: (1) Design Review Committee —architecture and site planning; (2) Crading Committcc grading and drainage; and (23) Technical Review Committee — compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by the Planning Commission, if applicable. 3. Design Review Committee. Review and analysis by the Design Review Committee will consider design elements, such as, but not limited to, 17.20-6 P564 Rancho Cucamonga Development Code Article II, Chapter 17.20 compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. This committee will determine if the project adequately meets City design guidelines and standards, and will transmit an appropriate recommendation to the Planning Commission. The recommendation of the Design Review Committee will be based on the project conforming to the following criteria: The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, Specific Plans, Community Plans, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the City's General Plan. iv. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. If the project is found to be not acceptable by the committee, the Planning Director will inform the applicant of the design issues and may suggest possible alternatives that would improve the design of the project. The committee will then direct the applicant to return to the committee with the revisions and/or work with staff to resolve the concerns prior to final approval by the Planning Commission. 4. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, uniform building code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. They may also make recommendations to the Planning Commission on any policy issues or areas not covered by existing codes and standards. 17.20-7 P565 Article II, Chapter 17.20 Rancho Cucamonga Development Code • 5. Crading Committee. The Crading Committee will consider items such as, but • 6-5. Other necessary committees as applicable (e.g., trails). D. Findings. The Planning Commission shall make the following findings before approving a Design Review application: 1. The proposed project is consistent with the General Plan; 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; 3. The proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. E. Conditions. The Planning Commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Subsection 17.20.040.D (Findings). Section 17.20.050 Adult Entertainment Permit A. Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. The City council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this Section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. B. Applicability. The permittee must apply for a new Adult Entertainment Permit as follows: 1. Prior to establishment of a new adult entertainment establishment or any change in the location of the adult entertainment establishment. 17.20-8 P566 Rancho Cucamonga Development Code Article Ill, Chapter 17.30 Chapter 17.30 Allowed Land Use by Base Zoning District Sections: Section 17.30.010 Purpose 17.30-1 Section 17.30.020 Classification of Land Uses 17.30-1 Section 17.30.030 Allowed Land Uses and Permit Requirements 17.30-2 Section 17.30.040 Other Allowed Use Provisions 17.30-10 Section 17.30.010 Purpose The purpose of this Chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the City's base zoning districts. Uses allowed herein are consistent with and implement the corresponding land use designations in the City's General Plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in Chapter 17.104 (Temporary Uses). Section 17.30.020 Classification of Land Uses In order to simplify land use regulations, land uses listed in this Chapter and throughout this Title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in Chapter 17.32 (Allowed Use Descriptions). For example, "personal service use" includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this Title, "personal service use" is listed once and is further described in Chapter 17.32 (Allowed Use Descriptions). The following rules apply to use classifications: A. Specific Use Regulations. Additional use regulations for specific land uses are listed in Article V (Specific Use Requirements). B. Temporary Uses. Land use classifications in this Chapter identify both primary and secondary or accessory uses that are permanent in nature. Temporary uses are separately listed and regulated in Chapter 17.104 (Temporary Uses). C. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this Title. D. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city. E. Overlay Zoning Districts. When a property is located within an Overlay Zoning District, any special allowed use provisions associated with said Overlay Zoning District shall apply. If the special allowed use provisions for the Overlay Zoning District are in conflict with the allowed use provisions of the base zoning district, the allowed use provisions for the Overlay Zoning District shall prevail. 17.30-1 P567 Article III, Chapter 17.30 Rancho Cucamonga Development Code TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning J x = O a O O U V Q O o, _ w x U V District > J 2 O Z. o U r A d U r7. E _ O x LL z 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 Housing C C C C C C C P P P N N N N C C C C P C P P 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 P P P P P P N N N N N N N N N N N N P P N N Unit(1) 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-Family N N P P P P P N N N N N N N N N N N N N N N Emergency Shelter N N N N N N N N N P N N N N N C N N N N N N Family 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(11) 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 Residential C C C C C C C C C C C N C N N N N N N C N N Home Occupation(2) P P P P P P P N N N N N N N N N N N P P N N Live-Work Facility N N N N N N P N 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 N P N N (3) Mobile Home Park(3) C C C C C C N N N N N N N N N N N N N N N N Residential Care N N N C C C C N N N N N N N N N N N N N N N Facility 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 N N N P P P P N N N N N N N N N N N N N N N Occupancy Facility Transitional Housing P P P P P P P N N N N N N N N N N N N P N N Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal Keeping, P P P P P P P N N N N N N N N N N N N P N N Domestic Pets(4) Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals (4) 17.30-4 P568 Rancho Cucamonga Development Code Article Ill, Chapter 17.30 Land Use/Zoning o cj c. (-.) = w = t.) District J _ 2 O z ° U w Q U 05 = 0 m Veterinary Facility C N N N N N C N P P C C C N N P P P N N N 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 N N N N N N N P P P P N P P P N N N N N N N Sales,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 C N C N N N N N N N N N Detailing Recreational Vehicle N N N N N N N N N N N N N N N C C C N N N N Storage Service Stations N N N N N N C C C P C N C C C C N N N N N N Vehicle Services, N N N N N N N N N C N N N N N P P P N N N N Major 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 Industrial, 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 NN 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 Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy Manufacturing, 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, Light N N N N N N N N N N N N N N P P N N N N N N Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium (9) Microbrewery N N N N N N N N N N N N N N P P N N N N N N 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 17.30.9 P569 Rancho Cucamonga Development Code Article III, Chapter 17.32 Chapter 17.32 Allowed Use Descriptions Sections: Section 17.32.010 Purpose 17.32-1 Section 17.32.020 Allowed Use Descriptions 17.32-1 Section 17.32.010 Purpose The purpose of this Chapter is to describe use classifications listed in Chapter 17.30 (Allowed Land Use by Base Zoning District). Use classifications are land uses that have been grouped into general categories on the basis of common function, product, or compatibility characteristics.This Chapter should be used as a reference for the land use classifications listed throughout this Title. Additional definitions for specialized terms used in the Zoning Code can be found in Article VIII (Glossary). Section 17.32.020 Allowed Use Descriptions The following list represents the complete list of allowed uses by land use classification and corresponding descriptions as used in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District) and throughout this Title. Individual use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification.Allowed uses are organized into the following seven use categories as follows: • Residential Uses • Agriculture and Animal-Related Uses • Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses • Utility, Transportation, Public Facility, and Communication Uses • Retail, Service, and Office Uses • Automobile and Vehicle Uses • Industrial, Manufacturing, and Processing Uses A. Residential Uses. 1. Adult Day Care Home. Defined by state law as the provision of nonmedical care to six or fewer adults, including seniors, in the provider's own home, for a period of less than 24) hours at a time. Homes serving more than six (6)adults are included in Adult Day Care Facility. 2. Caretaker Housing.A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site. 17.32-1 P570 Rancho Cucamonga Development Code Article lll, Chapter 17.32 automated teller machines (ATM) are considered an accessory use and not part of this definition 10. Bar/Nightclub. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment(e.g., music and/or dancing, comedy — subject to an entertainment permit) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. - •-' _-- - - --'- _: - -• . Bars and nightclubs may include outdoor food and beverage areas. 11. Bed and Breakfast Inn: A residential structure with one family in permanent residence with up to six bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than six guest rooms is considered a hotel or motel and is included under the definition of Hotels and Motels. 12. Building Materials Store and Yard. A retail establishment selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in Wholesale, Storage, and Distribution (Heavy, Light and Medium.) Hardware stores are listed in the definition of Retail, General, even if they sell some building materials. Also see Home Improvement Supply Store for smaller specialty stores. 13. Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to: a. Equipment repair services (except vehicle repair, see Vehicle Services); b. Commercial art and design (production); c. Computer-related services (rental, repair); d. Copying, quick printing, and blueprinting services (other than those defined as Printing and Publishing); e. Equipment rental businesses within buildings (rental yards are Storage Yards); f. Film processing laboratories; g. Heavy equipment repair services where repair occurs on the client site; h. Janitorial services; 17.32-11 P571 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 unprepared unpackaged food or foodstuffs of any kind. For the purposes of this Section, a mobile food vehicle shall also include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 41. Mortuary/Funeral Home. A funeral home and parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted. This use does not include Crematorium, which is a separate use classification. 42. Office, Accessory. An office that is incidental and accessory to another business or sales activity that is the primary use(part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. 43. Office, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, public relations),and offices engaged in the production of intellectual property (e.g., advertising, architecture, computer programming). This use does not include medical offices (see Medical Services, General); temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, Accessory). Outdoor storage of materials is prohibited. 44. Pawnshop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns, or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. 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 spas, spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self- service laundries), 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 a walk-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 three categories as follows: • 17.32-15 P572 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code a. Restaurant, No Liquor Service. Restaurants that do not serve liquor, including fast food establishments. b. Restaurant, Beer and Wine. Restaurants with liquor services limited to beer and wine for on-site consumption. May also include the brewing of beer as part of a brewpub or microbrewery. c. Restaurant, Full Liquor Service. Restaurants with a full range of liquor service, including beer, wine, and distilled spirits, all for on-site consumption. 47. Retail, Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed-use project. 48. 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), general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores. 49. Retail, Warehouse Club. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. 50. Secondhand Dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property such as"cash for gold". This use classification does not include a "coin dealer" or participants at gun shows or events, pawnshops or secondhand stores. 51. Shooting Range. An enclosed firing range with targets for rifle or handgun practice. 52. Smoke Shop. An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a 2 foot by 4 foot (2 feet in depth maximum) section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia. 17.32-16 P573 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code 6. Manufacturing, Medium. Activities typically include, but are not limited to, manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products which require frequent large container truck traffic or rail traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a component for further manufacturing, fabrication, and assembly. These types of business establishments are customarily directed to inter-plant transfer or to order from industrial uses, rather than for direct sale to the domestic consumer. Such uses may include, but are not limited to, canned food; textile products; furniture and fixtures; converted paper and paper board products; plastic products made from purchased rubber, plastic, or resin;fabricated metal products made from sheet metal; electrical and electronic machinery, equipment,and supplies;and office, computing, and accounting machines. These activities may produce noise, odors, vibrations, illumination, or particulates that affect persons residing in or conducting business in the vicinity. Where 24-hour, on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a Conditional Use Permit. 6 7. Microbrewerv. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons) per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a Conditional Use Permit. 7,8. Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic(xerographic)copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in Business Support Services. 8,9. Recycling Facility — Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called "reverse vending machines," an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the State. 9:10. Recycling Facility — Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling Facility—Collection. 17.32-20 P574 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 Chapter 17.36 Development Standards by Base Zoning District Sections: Section 17.36.010 Development Standards for Residential Zoning Districts 17.36-1 Section 17.36.020 Development Standards for Mixed Use Zoning Districts 17.36-12 Section 17.36.030 Development Standards for Commercial & Office Zoning Districts ..17.36-14 Section 17.36.040 Development Standards for Industrial Districts 17.36-18 Section 17.36.050 Development Standards for Open Space Zoning Districts 17.36-24 Section 17.36.010 Development Standards for Residential Zoning Districts A. Purpose and Applicability. The purpose of this Section is to establish minimum development standards that are unique to development projects within Residential Zoning Districts. Development standards in this Section apply to all land designated on the Zoning Map within a Residential Zoning District. B. Residential Districts Described. As identified in Chapter 17.26 (Establishment of Zoning Districts), the city includes six Residential Zoning Districts: 1. Very Low(VL) 2. Low (L) 3. Low Medium (LM) 4. Medium (M) 5. Medium High (MH) 6. High (H) C. Residential Site Development Standards. General site development standards for Residential Zoning Districts are listed in Table 17.36.010-1 (Development Standards for Residential Zoning Districts). These development standards supplement the development standards in Article IV (Site Development Provisions) that apply to all zoning districts (e.g., parking, signs, landscaping, lighting). 17.36-1 P575 Article III, Chapter 17.36 Rancho Cucamonga Development Code TABLE 17.36.010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ VL L LM M MH H Zoning District Lot Area (minimum) 20,000 sf 7.200 sf 5,000 sf 3 ac(1) 3 ac(') 3 ac(1) Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac(1) 3 ac(1) 3 ac(1) Lot Width(minimum) 90 ft(2) 65 ft(2) 50 ft(2) n/a n/a n/a Lot Width(corner lot) 100 ft 70 ft 50 ft n/a n/a n/a Lot Depth (minimum) 200 ft 100 ft 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 Density(dwelling units per acre) Minimum Density(3) n/a n/a 4 du/ac 8 du/ac 14 du/ac 24 du/ac Maximum Density 2 du/ac 4 du/ac 8 du/ac(4) 14 du/ac(4) 24 du/ac 30 du/ac Minimum Setback Front Yard(5) 42 ft)6) 37 ft(6) 32 ft(6) 37 ft(6) n/a n/a Corner Side Yard (5) 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard (5) 10/15 ft 5/10 ft 5/10 ft 10 ft(7) n/a n/a Rear Yard(5) 60 ft 20 ft 15 ft 10 ft(7) n/a n/a At Interior Site Boundary (Dwelling/Accessory NR(8) 15/5(7) 15/5(7) 15/5(7) Building) Building Height(maximum in feet)(9) Primary Buildings 35 ft 35 ft 35 ft 35 ft C0) 40 ft(i0) 55 ft(10) Lot Coverage(maximum lot coverage with buildings as a.percentage of the parcel°I-project) Lot Coverage 25% 40% 50% 50% 50% 50% Open Space Requirement(minimum percentage-of open space per rparcel orproject) Private Open Space 300/150 sf 225/150 sf 150/100 sf 150/100 sf (Ground Floor/Upper Story) Open Space(Private and 40% 35% 35% 35% Common) Minimum Patio/Porch Depth 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(t1) Minimum Dwelling Unit Size 412) Single-Family 1,000 sf (attached and detached) Multi-Family(13) Efficiency/Studio 550 sf Multi-Family(ii) One Bedroom 650 sf 17.36-2 P576 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 Development Standard/ VL L LM M MH H Zoning District Multi-Family(13) Two Bedroom 800 sf Multi-Family(13) Three or More Bedrooms 950 sf Distance Between Building/Structure Fronts (8)(14)(minimum) Between buildings with no patio 30 ft 30 ft 30 ft 30 ft or recessed patio Between patio fence/wall less than 5 feet in height — — 15 ft 15 ft 15 ft 15 ft Between patio fence/wall more than 5 feet in height — — 20 ft 20 ft 20 ft • 20 ft Between balconies above patio fence/wall more than 5 feet in — — 20 ft 20 ft 20 ft 20 ft height Between a patio fence/wall and 20 ft 20 ft 20 ft 20 ft a building wall With common patio fence/wall — — 30 ft 30 ft 30 ft 30 ft Other Miscellaneous Building Setback Requirements(.8)(minimum) Building to one-story detached garage/carport or other 6 ft/15 ft 15 ft 15 15 accessory structure Building to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width, which shall vary accordingly: VL-+/-10 feet L&LM-+/-5 feet (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM district and single-family in the M district at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in Subsection 17.36.010.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Average setback, which shall vary+/-5 feet. Front-y a r d-s e... . •: :. -• ::.- -.••-• .. ._.... . . krMoet-te-aNewfewar'. :• • . . . .: :. . - :•: •: .1reeE (7) Add 10 feet if adjacent to VL, L,or LM district. (8) Applies to buildings Iwo stories and taller in height.Add 10 more feet for each story over two stories. (9) In hillside areas,heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (13) To assure that smaller units are not concentrated in any one area or project,the following percentage limitations of the total number of units shall apply: 10% for efficiency/studio and 35% for one bedroom or up to 35% combined. Subject to a Conditional Use Permit,the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) "Front"is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. 17.36-3 P577 Rancho Cucamonga Development Code Article III, Chapter 17.36 F. Other Miscellaneous Residential Development Standards. 1. Zero Lot Line. The dwelling unit may be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet (10'), excluding the connecting elements such as fences, walls, and trellises. Pools, decks, garden features, and other similar elements shall be permitted within the ten foot (10') setback area, provided, however, no structure, with the exception of fences or walls, shall be placed within easements required below. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet (5') in width along the adjacent lot and parallel with such wall. 2. Usable Yard Area. For single-family detached/semi-detached subdivisions, a minimum fifteen feet (15') of flat, usable rear yard area shall be provided between the house and top or toe of non-retained slope banks or to the retaining wall in the case of retained cut or fill per City grading standard drawings. However, in areas of hilly or sloped terrain where grading is being designed to minimize alteration to the natural land form, usable open space should be provided in the form of decks, patios, balconies, or some similar form of built structure designed to fit the natural topography rather than as graded level yard area. 3. Visitor Parking. For projects with private streets or driveways, visitor parking required by Chapter 17.64 (Parking and Loading Standards) shall be provided in off-street visitor parking bays within one hundred fifty feet (150') of all dwelling units. Visitor parking shall be clearly delineated through proper signage. Signage may include, but is not limited to, pavement marking, freestanding signs designating the stalls as visitor parking, and directory signs guiding visitors to the visitor parking area. 4. Driveway Depth/Width. All lots within single-family detached and semi- detached residential developments shall have driveways designed to accommodate the parking of two (2) automobiles in a manner that does not obstruct sidewalks or streets. Driveways shall have a minimum depth of nineteen feet (19') and width of eighteen feet (18'). Drive approach shall be developed per City standards. 5. Amenities. To enhance the quality of life for multi-family development, additional amenities shall be required as follows: a. Storage Space. Each unit shall be provided with a minimum of one hundred twenty-five(125)cubic feet of exterior lockable storage space. The storage space shall be located outside of the dwelling at grade or floor level and easily accessible by the residents. The design of the exterior storage space shall be architecturally integrated and/or compatible to the dwellings. The individual storage space units can be located within the fully enclosed garages designated for that dwelling unit. 17.36-7 P578 Article Ill, Chapter 17.36 Rancho Cucamonga Development Code b. Laundry Facility. Each unit shall be provided with a hookup for a washing machine and clothes dryer in the interior of the dwelling, or common laundry facilities shall be provided and equipped with washing machines and clothes dryers at a rate of one washing machine and clothes dryer per five (5) units. Common laundry facilities should be conveniently located for all residents within the complex. Common laundry facilities can be within freestanding buildings, attached to dwelling units, or within the recreation room. The design of the common laundry facilities shall be architecturally compatible to the dwellings. 6. Roofing Materials. All new and existing development within Residential Zoning Districts shall have roofing material made of tile, or the imitation thereof, but not including composition shingles. Other roofing materials such as metal, slate, or the imitation thereof, but not including composition shingles, may be approved by the approval authority if it is determined that the roof material enhances the building design. Any replacement of existing roofing materials shall be consistent with the existing material or upgraded to a higher quality roofing material. For example, a composition shingle roof can be replaced with composition shingles or can be upgraded to higher quality roofing material such as tile or slate. 6:7. Roof Mounted Air Conditioning Units. Replacement of existing permitted roof mounted Air Conditioning units that are located on residential development may be permitted. All other proposed roof mounted Air Conditioning units shall be placed entirely out of public view. 7:8. Slope Planting. Slope banks 5 feet or greater in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slope banks 5 feet or greater in vertical height an of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows:one 15-gallon or larger size tree per each 150 square feet of slope area, one 1- gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of 8 feet vertical and.of 2:1 or greater slope shall also include one 5-gallon or larger size per each 250 square feet of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a Homeowners' Association may be required by the Planning Commission on a case-by-case basis. G. Special Streetscape. It is the intent of this Section to create streetscape standards for landscape, building, and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based on 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. 17.36-8 P579 cu, a a a o ° .Y N L, o s C O) .°'. u 0 d 001 = c a' a 'u^ _ (0 0 (O t CO CO CO CO c a ((� C C C C rO ° E % °` a E a r a_ m ° E o ' E o J N d E E v a) 6 d o u q- a E t ° w'O V c W ti N a 16 CO ti a) O) ` CG t V le Wd a E '� (17 y u re 0 V D E 2 c -21 2 s-a O a i O g .6 U m N 'g 7 p CO CO O a1 d U M C C ) C M M N F u . 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O a aa o O ( F 0 tii O o — • P580 Rancho Cucamonga Development Code Article IV, Chapter 17.60 Chapter 17.60 Outdoor Sales, Storage, Display, and Seating Standards Sections: Section 17.60.010 Purpose 17.60-1 Section 17.60.020 Permit Requirements, Exemptions, and Liabilities 17.60-1 Section 17.60.030 Development, Operation, and Maintenance 17.60-2 Section 17.60.010 Purpose The purpose of this Chapter is to regulate permanent and temporary outdoor display, seating, and storage uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. Section 17.60.020 Permit Requirements, Exemptions, and Liabilities The following outdoor activities shall be subject to the permit requirements as listed below. A. Permanent Outdoor Display and Sales. If the display and sales are part of the primary use it is permitted by right, subject to the provisions of Section 17.60.030.B. (Standards for Outdoor Display and Sales). If not part of the primary use then permanent outdoor display and sales may be permitted with the issuance of a Conditional Use Permit(CUP). B. Temporary Outdoor Display and Sale. Permitted in commercial districts with the issuance of a Temporary Use Permit (TUP) and subject to the provisions of Section 17.60.030.B (Standards for Outdoor Display and Sales). C. Permanent Outdoor Storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a Conditional Use Permit in accordance with Section 17.16 (Permits and Entitlements Decided by the Planning Director). D. Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a Temporary Use Permit pursuant to and consistent with the requirements of Section 17.16.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a Temporary Use Permit. 1. Storage of construction materials and equipment as part of an active construction site, provided a valid Building Permit or Improvement Permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s). 2. Emergency facilities to accommodate emergency public health and safety needs and activities. 17.60-1 P581 Article IV, Chapter 17.60 Rancho Cucamonga Development Code E. Outdoor Dining Areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zoning districts except for residential zoning districts, subject to approval of an Conditional Use Permit as established in Section 17.16.120 (Conditional Use Permit) and any other applicable entitlements (e.g., Minor Design Review). In all cases, permanent outdoor seating shall be consistent with the development standards of this Chapter. 1. Required Findings for Approval of Outdoor Seating. The designated approving authority may issue a Conditional Use Permit (Section 17.16.120) if the proposed outdoor seating: a. Allows fora continuous pedestrian path of travel of at least four feet(4') in width and would not obstruct fire, pedestrian, and wheelchair access. b. Does not unduly interfere with pedestrian traffic on the sidewalk. c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. d. Allows for unobstructed view of necessary authorized traffic devices. Section 17.60.030 Development, Operation, and Maintenance A. General Development Standards for All Activities. The development standards listed below apply to all outdoor display, sales, and storage activities. 1. Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an Encroachment Permit, or in accordance with the requirements of a Conditional Use Permit, pursuant to the requirements of Section 17.16.120 (Conditional Use Permit) or a Temporary Use Permit, pursuant to the requirements of Section 17.16.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code. 2. Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use. 3. Noise. Any noise generated by the outdoor activity shall be consistent with the City's Noise Ordinance. 4. Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.74 (Sign Regulations 17.60-2 P582 Rancho Cucamonga Development Code Article IV, Chapter 17.60 for Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot). 5. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six feet (6') or such greater amount of clear space as the Public Works Director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area. B. Standards for Outdoor Display and Sales. The following development standards • shall apply to all permanent and temporary outdoor display and sales activities: 1. 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. 2. Maximum Area. Unless otherwise authorized by a Conditional Use Permit, the area used for permanent outdoor display and sales of materials shall not • exceed ten percent (10%) of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development code requirements are satisfied. • 3. The aggregate display area shall not exceed twenty-five percent (25%) of the linear frontage of the store front or six (6) linear feet, whichever is greater and items may not project more than four feet (4') from the store front. 4. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet (6') above finished grade, unless a greater height is allowed through Use Permit approval. 5. No item,or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the City. 6. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 7. 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 part or in whole an emergency 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. 17.60-3 P583 Rancho Cucamonga Development Code Article IV, Chapter 17.82 Chapter 17.82 Water Efficient Landscaping Sections: Section 17.82.010 Purpose and Intent 17.82-1 Section 17.82.020 Applicability 17.82-1 Section 17.82.030 Exceptions 17.82-1 Section 17.82.040 Development of a Water Budget 17.82-2 Section 17.82.050 Landscape Design Guidelines 17.82-3 Section 17.82.060 Soil and Grading Requirements 17.82-4 Section 17.82.070 Implementation 17.82-5 Section 17.82.080 Compliance/Enforcement 17.82-7 Section 17.82.090 Recycled Water 17.82-7 Section 17.82.100 Stormwater Management 17.82-8 Section 17.82.010 Purpose and Intent This Chapter implements the model ordinance adopted by the State of California pursuant to Government Code §65595 to require the efficient use of water resources. Section 17.82.020 Applicability A. This Chapter shall apply to the following: 1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total landscape area equal to or greater than twenty-five hundred (2,500) square feet requiring a building permit, plan check, or design review. 16. New construction and rehabilitated landscapes which are develope•-installed residential projects with a total landscape area equal to or greater than twenty- five hundred (2,500) square feet requiring a building permit, plan check, or design review. 17. New construction projects which are homeowner-installed residential projects with a total landscape area equal to or greater than five thousand (5,000) square feet requiring a Building Permit, Plan Check, or Design Review. Section 17.82.030 Exceptions A. This Chapter does not apply to: 1. Registered local, state, or federal historical sites. 18. Ecological restoration projects that do not require a permanent irrigation system. 19. Mined-land reclamation projects that do not require a permanent irrigation system. 20. Botanical gardens and arboretums open to the public. 17.82-1 P584 Article IV, Chapter 17.82 Rancho Cucamonga Development Code Section 17.82.040 Development of a Water Budget A. Intent. In order to conserve water, applicable projects shall develop a water budget. The water budget is based on the Maximum Applied Water Allowance (MAWA), which is a calculation of the maximum amount of water allowed to be used within the landscape area, and the Estimated Total Water Use (ETWU), which is the actual amount of water to be used within the landscape area. The ETWU cannot exceed the MAWA. B. Establishing a Water Budget. 1. Maximum Applied Water Allowance. A landscape's maximum applied water allowance shall be calculated using the following formula: MAWA = (ETo) (0.627) (LA) [(0.627) + (.3 x SLA)] Where: MAWA = Maximum Applied Water Allowance ETo = Evapotranspiration Rate 0.7 = Evapotranspiration (ET) Adjustment Factor LA = Landscape Area 0.62 = Conversion factor(to gallons) SLA = Special Landscape Area 21. Estimated Total Water Use. A landscape's Estimated Total Water Use shall be calculated using the following formula: l ETWU=(ETo)(0.62)I PF x HA +SLAJ l 0.71 Where: ETWU = Estimated Total Water Use ETo = Evapotranspiration Rate 0.62 = Conversion factor(to gallons) PF = Plant Factor HA = Hydrozone area (square feet) 0.71 = Irrigation efficiency SLA = Special Landscape Area (square feet) The evapotranspiration rate(ETo)for both calculations shall be consistent.The evapotranspiration rate(ETo)will be derived from current reference data, such as from the California Irrigation Management Information System (CIMIS) or other equivalent data, as determined by the Planning Director. 17.82-2 P585 Rancho Cucamonga Development Code Article V, Chapter 17.104 Chapter 17.104 Temporary Uses Sections: Section 17.104.010 Purpose 17.104-1 Section 17.104.020 Permit Requirements and Exemptions 17.104-1 Section 17.104.030 General Development Standards for Temporary Uses 17.104-2 Section 17.104.040 Standards for Specific Temporary Uses 17.104-3 Section 17.104.010 Purpose The purpose of this Chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety, and general welfare of the community is maintained. Section 17.104.020 Permit Requirements and Exemptions Uses of property (including land, buildings, 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 in Section 17.16.070 (Temporary Use Permit). A. Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a Temporary Use Permit prior to the commencement of the activity or use and subject to the requirements within this Section. 1. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project. 2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting 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). 3. Farmers markets, as defined in this Title, held on public or private property. 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 business). 8. Outdoor display of merchandise as accessory to current on-site business. 17.104-1 P586 Rancho Cucamonga Development Code Article V, Chapter 17.104 Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. Section 17.104.040 Standards for Specific Temporary Uses The following standards shall apply to the specific temporary uses described below. A. Temporary Office Modules. 1. A master plan for development of permanent buildings shall be submitted in conjunction with such request. 2. The design of the office modules shall have a look of permanence, as much as practicable. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance. 3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities, and landscaping. 1. Fruit and vegetable stands (related to on site business). 2. Outdoor display of merchandise as accessory to current on site business. 3. Outdoor recr ation uses. Director. GB. 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: 1. Each sale is limited to a minimum of three (3) consecutive days, with a maximum of nineteen (19) days per calendar year, unless authorized by a Conditional Use Permit..- 2. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within thirty (30) days of another sale. 17.104-3 P587 Rancho Cucamonga Development Code Article VII, Chapter 17.122 Chapter 17.122 Design Provisions by Development Type Sections: Section 17.122.010 Residential Development 17.122-1 Section 17.122.020 Hillside Development 17.122-9 Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 Section 17.122.040 Foothill Boulevard 17.122-35 Section 17.122.050 Haven Avenue 17.122-53 Section 17.122.060 Signs 17.122-58 Section 17.122.010 Residential Development The design standards and guidelines contained in this Section are supplemental to Chapter 17.120 (General Design Provisions). A. Single-Family Home Designs. Placement of houses in single-family subdivisions is an important element in creating a functional, quality living environment. Single-family residential development should promote an attractive streetscape through architectural and site planning design elements that create variety and interest. Housing tracts characterized by repetitious street scenes of nearly identical two-story houses built at the minimum setback lines are not desirable. Generally, it requires the use of a combination of design concept solutions to achieve the goal of creating varied, interesting, and attractive streetscapes. 1. Standards. a. At least twenty-five percent (25%) of all single-family detached units in any single-family residential development in a Residential Development District consisting of four(4) or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. b. Provide extra-deep setbacks for two-story houses on corner lots. c. Provide larger side yard setback (e.g., ten to twelve feet (10-12') minimum) on garage side of lot to allow vehicular access to the rear yard. d. Locate driveways as far as possible from intersections. e. Substantially vary front yard setbacks. f. Vary garage treatments such as detached and semi-detached,side and rear entries, etc. g. On flag lots, use twelve-foot (12') width for that portion of the driveway providing access to the garage to minimize concrete and maximize landscaping potential. 17.122-1 P588 Article VII, Chapter 17.122 Rancho Cucamonga Development Code shall be designated as common open space rather than private open space. vi. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. c. The Fire Chief may require brush, vegetation, or debris to be removed and cleared on each side of every roadway and access drive in accordance with the Municipal Code and Fire District codes and standards, and may enter upon private property to do so. This Section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, provided they conform to Fire District codes and standards. As used in this Section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel. d. If the Fire Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. e. Restrict structures and facilities from geologically hazardous areas. f. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. g. The Friant Escondido and Ramona/Arlington soil associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being either of these associations shall be permitted only after site-specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. h. The Tujunga-Delhi soil association may have soil-bearing capabilities that could limit some development. Structures proposed on this soil type should be permitted only after a site-specific investigation has been performed that indicates the soils can adequately support the weight of the structure. For all development within the Alquist-Priolo or City-adopted "Special Study Zone," a statement shall be included on every deed, for each lot or parcel, which informs the prospective owner of the potential for seismic activity and the potential hazard. Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 P589 Rancho Cucamonga Development Code Article VII, Chapter 17.122 The majority of design standards and guidelines for commercial, office, and industrial development are provided in Chapter 17.120 (General Design Provisions). This Section contains only those provisions that are unique to commercial, office, and/or industrial development. A. Special Site Design Provisions. 1. Standards. a. Provide employee break areas for office and industrial projects, and provide plazas where employees can rest and eat lunch, preferably away from public entrances to buildings, loading areas, or other high- traffic areas. Provide tables and/or benches, and shade trees and/or shade structures. Break areas shall be designed and sized to comfortably accommodate furniture and amenities, should have a minimum size of five hundred (500)square feet and have seating for at least ten percent(10%)of the anticipated workforce. b. Screen drive-through lanes from public view by orienting the building and a combination of landscaping, berming, and low screen walls. c. For shopping centers, vending machines and newspaper racks are to be recessed into the building façade. d. Completely screen long-term shopping cart storage. 2. Guidelines. a. For commercial projects, give special attention to creating pedestrian • scale and an inviting place for pedestrians to shop. b. Site amenities, such as walls, hardscape, street furniture, trash enclosures, lighting, and monument signs, should be designed as part of the total architectural package for the project. c. Integrate signs into the architectural program. B. Parking Areas. The following standards and guidelines apply: 1. Standards. a. Screen parking areas from public view with mounding, landscaping, low walls, grade differentials, and building orientation. b. For parking areas, include one(1)tree for every three (3) parking stalls for shade. 2. Guidelines. a. Distribute parking evenly throughout a site instead of concentrating all in one large parking lot. 17.122-33 P59O Article VII, Chapter 17.122 Rancho Cucamonga Development Code b. Consider the types of users desired and plan the project accordingly rather than trying to maximize building floor area. c. Parking areas should not be the dominant element in the overall design of a project and should be designed to minimize visual disruption. d. Parking areas should be screened from streets through a combination e-dThe design of parking areas should also minimize auto noise, light and glare, and ambient air temperature. This can be accomplished through the use of sound walls, general location, use of well-designed lights, and landscaping throughout the parking lot. C. Special-Landscaping Provisions. 1. Standards. a. Twenty-percent(20%) of trees planted-with-industriah-projectsand4#idy perseni-(30%)-ef-trees-ptaated-within-eemmersiata4nd-eftice-projects are-te-be-twenty-fear-iac (24 )box-size- C. Pedestrian Orientation. 1. Guidelines. a. Colonnades or loggias and other covered walkways or structures that provide shade to pedestrian spaces shall be utilized whenever possible. b. At street level, the use of building materials and building details that relate to human activity shall be required where appropriate. c. Convenient pedestrian circulation shall be provided throughout all projects to connect public streets, parking areas, and public transit facilities with buildings and pedestrian open spaces. d. Open spaces shall be integrated with pedestrian walks and defined by landscaping and other elements to create a sense of place. e. Where possible, open spaces shall be accessible to the public. f. Street Furniture. Benches, light standards, kiosks, drinking fountains, trash receptacles,and other street furniture in on-site open spaces shall be designed in a coordinated fashion to enhance the appearance and function of the site and open space. g. Pedestrian areas shall be highly visible and well lit. &D. Special Architectural Provisions. 1. Standards. 17.122-34 See Speaker Cards at the beginning of packet I N. Advertised Public Hearing, Item N1. P591 Speaker Cards: 1°1 Cesar Hernandez;2°f 3 Victor Caballeno; and 3°f 3 Larry Slagle STAFF REPORT ADMINISTRATIVE SERVICES GROUP L% J RANCHO CUCAMONGA Date: July 16, 2014 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services \/ By: Tamara L. Layne, Finance Director Subject: CONSIDERATION OF PUBLIC INTEREST, CONVENIENCE, AND NECESSITY IN GRANTING A TAXICAB SERVICE PERMIT TO EXPRESS TRANSPORTATION SYSTEMS DBA CHECKER CAB/AA INLAND EMPIRE CAB RECOMMENDATION The City Council should open the public hearing and take all interested testimony to consider whether public interest, convenience, and necessity have been met in determining whether to grant a Taxicab Service Permit to Express Transportation System, DBA Checker Cab/AA Inland Empire Cab. BACKGROUND/ANALYSIS The City of Rancho Cucamonga's Municipal Code, Title 8, Chapter 8.30 requires that all companies that wish to provide taxicab service in the City receive a permit. As part of that permit process, the applicant must submit a completed application form. The applicant must also appear before the City Council for a public hearing to determine that the public interest, convenience, and necessity justify the issuance of the permit. Taxicab service companies and individual taxicab drivers are required to renew their respective permits on an annual basis per Municipal Code 8.30.060. The initial application fee for a new taxicab service company is $95.00; thereafter, the renewal fee is $70.00. The initial application fee for a taxicab driver is $120.00; thereafter, the renewal fee is $60.00. Currently, the City has two permitted taxicab service companies operating in the City. Those companies are Bell Cab and Yellow Cab Co., Inc. Bell Cab has a total of seven (7) taxicab drivers that are permitted in the City and Yellow Cab Co., Inc. has four (4) permitted taxicab drivers. Staff has reviewed the Taxicab Service Permit application submitted by Express Transportation Systems, DBA Checker Cab/AA Inland Empire Cab (attached) and finds it to be complete. The necessary information regarding the owner of the company, the automobile to be used, and the company's insurance policies meet the requirements of the City's Municipal Code. In determining public interest, convenience, and necessity, the burden is on the applicant to show public need and necessity. According to the Municipal Code, some of the factors to be considered as the City Council receives testimony on this matter are the following: 1. Inadequacy of existing taxi services 2. The population density and socio-economic characteristics in the proposed area of operation P592 CONSIDERATION OF PUBLIC INTEREST,CONVENIENCE,AND NECESSITY IN PAGE 2 GRANTING A TAXICAB SERVICE PERMTT TO EXPRESS TRANSPORTATION SYSTEMS DBA CHECKER CAB/AA INLAND EMPIRE CAB JULY 16,2014 3. Type and frequency of transportation service needed in the proposed area of operation 4. Existing public transportation patterns, schedules, and service levels and the impact of the application upon such services 5. Traffic and parking conditions 6. The probable permanence and quality of the services offered by the applicant 7. The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles 8. The financial status, character, and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record, and evidence of liability and worker's compensation insurance 9. The experience of the applicant in taxicab service operations as an owner, manager, or taxicab driver For the public hearing, the City Council should consider the evidence as presented on each of these factors keeping in mind the unique economics and regional nature of the taxicab business. Attached is an optional Taxicab Service Permit Requirements Matrix that is provided as a tool to assist the City Council in summarizing the information provided during the public hearing to determine if the above listed nine (9) factors have been satisfactorily addressed by the applicant. After receiving all of the testimony, the City Council may decide that the public interest, convenience, and necessity are met by the applicant and direct staff to issue a permit or the City Council may determine that the public interest, convenience, and necessity is not met by allowing a new Taxicab Service Permit and, thus, deny the applicant. Attachments 1. Express Transportation Systems DBA Checker Cab/AA Inland Empire Cab Taxicab Service Permit Application 2. Summary of Current Taxicab Services in the City of Rancho Cucamonga •3. Taxicab Service Permit Requirements Matrix P593 City of Rancho Cucamonga TAXICAB SERVICE APPLICATION tri e I L%WJ RAN HO CUCAMONGA Taxicab Service • APPLICATION CHECKLIST Vh A. 04 G��'�/ Q v Oadb , Application must be filled out completely before your appointment. All applicnts must read Rancho `� Cucamonga Municipal Code 8.30. See Attached All applications are accepted by APPOINTMENT ONLY with Minerva Gamboa or Wenna Sullano, at (909)477-2700 in the Rancho Cucamonga Business License Department. Y NO application is accepted until all requirements are met in full and you provide the following: /1 S' \KL • \ 1. Public liability Insurance(RCMC 8.30.030): Evidence of public liability insurance of not less than$1 million dollars for each person killed or injured and not less than$I million dollars for death or injury of any tow or more persons in any one accident, and for damage to property of at least one million dollars from any one accident \ \ 1/ • 2. Workers compensation insurance covering any and all drivers to be utilized by the applicant vopk • 3. Legal and registered ownership for each vehicle JI k e p k A 4. Vehicle description sheets (attached) D A vo t( OC4a tV " er/ b " ovLr 5. Completed Background Information Sheet(yellow) VI l� \navy. 6. Taxicab service permit nonrefundable fee of$95.00. roCIVIAT r AID MA z o 7. Business License flat fee of$24.00.. oTaxi Service Permit Fee: ` l 'D Receipt# Rev. 12/08 • • • P595 Business Name Hevr'ess r2-,p NsQe�2SlfscT t Sys {e ,A-S Business Address t,7-92 Qo (x vk 3-4- 2rV CA 6c( Street City State Zip Business Telephone( ;44--3-2-C1 • Owners Name ResP • S L.0 6 Home Address. _ _ Street • City State Zip • Home Telephone • Number of Vehicles to be operated under this permit: 100 Prepare attached sheet (Vehicle Information Sheet).listing all vehicles including license number, make, model, year, color, type, passenger capacity, condition and any • company vehicle identification number. Also, attach a copy of title or vehicle registration for each vehicle. Address and Method of Storage of vehicle f r—N€ fL -1-R,\CeS • I k cle IA) • CgiN1 • Has your permit, license or certificate been denied, revoked or • • suspended by any public agency for taxicab service or taxicab driving permit? YES NO • If yes, explain in detail • •• • • Have you or any person having an ownership interest in the• proposed taxicab service, had any felony convictions within the.previous five (5) years? YES NO • • • If yes, explain in detail List the rates charged to the public throughout the term of any permit issued. • STA9-t 'tE sar60 ' FtZ 'kktLE 2-+ v O Lk)4\-(1-1 tJ A_ E_ . • • • P596 • Vehicle Information Sheet Vehicle # loyo-E --- Qr,f kAs 2 pd ct 3 / Make Model Year Passenger Capacity ye Ile � 6,(2-a EC G J ctkeciLL A,Q Color Scheme o ehicle Insignia or other distinguishable characteristics of taxicab Does the vehicle have an illuminated sign? YES NO • If yes, describe s?-6,0 List any legends on top of vehicle N/A License plate number 9.±i o " 1. Vehicle# Make- - Model Year Pass€nger Capacity Color Scheme of Vehicle Insignia or other.distinguishable characteristics of taxicab Does the vehicle have an illuminated sign? YES , NO If yes, describe List any legends on top of vehicle / • 7-' License plate number / Vehicle # i Make - - Model Year - . ,Passenger Capacity Color Scheme of Vehicle Insignia or.other-distinguishable characteristics of taxicab Does the vehicle have an illuminated sign? .. YES NO If yes, describe • List any legends on top of vehicle / License plate number . Y • P597 This application must be signed below by the individual applicant or partner or an officer if the applicant is a partnership or corporation. The undersigned as -' t /(' & of G4preSS 1 fixoc (70(415...1;'04-/ hereby declares under penalty of perjury, that the information contained in this application for a per - . is true and co ect. Signature t Date 6 P �Ll /X LL-j •-eGI'CIIr IVHIC VI' LIHGILII I IIYJVISHIYIiC 5/14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE•POLPI598 BELOW.•THIS CERTIFICATE GF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ASIG NAME: American Specialty Insurance Group, Inc f01C NN° ). (561)683-1220 (FAC No ):(561)603-1240 3111 45th St EMAIL ry ADDRESS: Suite 16 INSURER(S)AFFORDING COVERAGE NAIC# West Palm Beach FL 33407-1981 INSURERAUnited States Liability 25895 INSURED INstRERB:ONYX INSURANCE COMPANY INC A 15208 EXPRESS TRANSPORTATION SYSTEMS, DBA: INSURERC: AA Inland Empire Cab & Checker Cab INSURERD: 6782 COLUMBUS STREET INSURERE: RIVERSIDE CA 92504 INSURERF: COVERAGES CERTIFICATE NUMBERrnaster 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS0. TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) IMMIDDIYYYYI GENERAL LIABIUTY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES RENTED $ 100,000 A CLAIMS-MADE X OCCUR CL2652960 12/23/201312/23/2014 MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 I' POLICY PRO JFCT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED X SCHEDULED OIC—CA-0000031 12/23/201312/23/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) S ' UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY I IMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT . $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) 30 DAY CANCELLATION • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rancho Cucamonga ACCORDANCE WITH THE POLICY PROVISIONS. 10500 Civic Center Drive /� . Rancho-Cucamonga, CA 91730 \ AUTHORIZED REPRESENTATIVE 11�1\A�1.t� 1I y,, � S Wahl-Grubb/SWG (,� W63111-f ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025Umnn5lnt Thu ACrlafl namo anti Inn)"arc ronicfarnd morkc of ACr1Rn P599 ---__., -. r co „ T. 0,j el£ 1 ON re) r,4 tRI- E5 NI• 0 <3 il r-i 1 ry; ° a, 1.-- ra L. tn In ° r---I O , o I-5 .0 j 5-5 in N ry Ht 1-4 o o -1 LSD 5-1 • .0< r5:5' CC I- N 0 <g o o ' a ,k1 o v) N o • 5-5 CO 2 a x ..-, = O o ezi Co q tri 4.1 NT ON 5= . N 0 en I.- 0 ri <2 .. n . CA tl al o O N.8 U >-I--N to 1 S N tt2 o N 5,---,.4...0 .5, 4 .1.455-5;‘, - •-•,, >1.2r- z , Er-4 8 N <A CA< t'n;k*..:, Z=ti 0 <03 •,„ 5, 45,6, 1.,:,,, c - , 0 Ct= 1112+4. t.-.1e r .19•4.11.1 .-8 CD — 150— X i- IL i:,z]..‘ %-1-- --ty--n.y: 91 4- 0 NI -J (1 01.4 r-/ o CA U CA -5c I- ge3 a I< W 0 a I'11 A i I W N NT Ct N UJ • N 50 it o > < o 5 ON HI >.<r••••5-1 & to 3 N 9-4 wow• N M a ...-1 9 0 ry -. ,-.1 ‘§tv.., N. , ''-' -4 Oz,„,: 0 .w.-..... .-..,-wmxo-Inwer • U , • . • P601 Summary of Current Taxicab Services in the City of Rancho Cucamonga • The Business License Division of the Finance Department facilitates the issuance of taxicab service permits and taxicab driver's permits. Currently, the City has two permitted taxicab service companies operating in the City. Those companies are Bell Cab and Yellow Cab Co., Inc. Bell Cab • Began providing services on September 3, 1998 • Currently have a total of seven (7) taxicab drivers that are permitted in the City • Their rates are as follows: $2.50 — pick up fee (includes first 1/10 mile) $0.25 —each additional 1/10 mile $2.50 — per mile thereafter $26.00 — per hour waiting time and/or traffic delay Yellow Cab Co., Inc. • Began providing services on August 1, 2001 • Currently have a total of four (4) taxicab drivers that are permitted in the city • Their rates are as follows: $2.50 — pick up fee (includes first 1/20 mile) $0.25 — each additional 1/10 mile $2.50 — per mile thereafter $26.00 — per hour waiting time and/or traffic delay P602 U 0 vzt 0 d m 03^ N C V o ° Z U CU (. ) v 0 U a C U Z I- CU W o ❑. ro Z X 2 c ._L O E (B o 2 O ., d In m > .-J u. C tn o -o m y +> m o Co c a) a) '� « c - c �J 2 o Co a) Co E n ', a c E E . o a o N « in v E ro O « _ — c 0 v a > >•• 0 L' C c c c 3 !n ° CO Cr r .0 ° °-' '° E -° CO '° ,v, Co (I C a a) - a N E vi m •V C_ C C C N CD O U y al .° N Q 1° y 4-1 u « > O N VI C ° a m .O u .O 0 2 C - a) '� m vn t0 Oa m _c �O a > O }J V _ C 0 O c C 'n O. al m U a a) M w a 1 U .° m U ai m w C « m C O M$ u al W C N Co c J u in Co .O a _ 09 O 'j c CL c `2' u u v 2 a) a, E a fO a s '� ;O v v u3 u C U c O v " o vO 3 C L O O Co C a ' a W J c a (n a y % .O o a o N -° n o a 0 Co e u, C 3 C C H in a 0 O p > m C a °° J m a C N U C in u u ' O rn Co 0 m (B N a C '.°, .c " C m m ' � a a a > a 10 u v c E Co m C is Co X ° ° n 0 C x c v v w .0 C u J o v C H H >. C O j a`+ L Y p. O a) 0 3 -co„ is a > Z O p X O w u m o ° v . m o v 'n o a, c �° a y L a 0.Co r - Co N w 0 j ° -O - U O J m O V ` `y O m N v o J °' -° '- °- T C . m a s C C C x .d CU LL Co_° a ° m a c E " a - u c �o m m o c m a` 3 a) m .° w Co a 0 '^ a) m a) n a) oa > m „Jr) E a) is a s a) m L C .. • X Y .0 a L > r13 .c L al « = C C L H H Co F- o UJ F H Co H fl `o. a u r a u m m H E P603 STAFF REPORT +' ENGINEERING SERVICES DEVELOPMENT Date: July 16, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Engineering Services Director/City Engineer By: Dan James, Senior Civil Engineer Tiffany Cooper, Management Analyst II Subject: Adopt Resolution No. 14-128, establishing City-wide Development Impact fees for Community and Recreation, Library, Animal Center, Police, Park Land Acquisition in-lieu/ Park Land Acquisition, and Park Improvement Impact fees for the purpose of maintaining the levels of service currently provided by the City. RECOMMENDATION It is recommended that the City Council Adopt Resolution No. 14-128, establishing City-wide Development Impact fees for Community and Recreation, Library, Animal Center, Police, Park Land Acquisition in-lieu/ Park Land Acquisition, and Park Improvement Impact fees for the purpose of maintaining the levels of service currently provided by the City. BACKGROUND/ANALYSIS On May 7, 2014, and June 4, 2014, staff presented oral and written reports on Development Impact Fees, attached is a copy of the June 4 City Council staff report for your reference. On June 18, 2014 City Council adopted Ordinance No. 865 relating to Police, Library, Animal Center, Park Land Acquisition in-lieu, Park Land Acquisition Impact, Park Improvement, Community and Recreation Development Impact fees Tonight's action will establish the Development Impact Fees consistent with the previous discussions, reports and the adopted ordinance. -spetffatly-s bmitted, Mark A. -uer Direc or of Engineering Services/City Engineer Attachments: June 4, 2014 Staff Report Resolution No. 14-128 P604 10,4 STAFF REPORT ENGINEERING SERVICES DEVELOPMENT Date: June 4, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Engineering Services Director/City Engineer By: Dan James, Senior Civil Engineer Tiffany Cooper, Management Analyst II Subject: ACCEPT DEVELOPMENT IMPACT FEE (DIF) STUDY BY COLGAN CONSULTING CORPORATION DATED APRIL 22, 2014; CONSIDERATION AND RECOMMENDATION TO ADOPT ORDINANCE NO. 865 ESTABLISHING POLICE, LIBRARY, ANIMAL CENTER, PARK LAND ACQUISITION IN-LIEU, PARK LAND ACQUISITION IMPACT, PARK IMPROVEMENT, COMMUNITY AND RECREATION DEVELOPMENT IMPACT FEES; APPROVE RESOLUTION NO. 14-101 REVISING THE ENGINEERING SERVICES USER FEES. APPROVE RESOLUTION NO. 14-102 REVISING CITYWIDE TRANSPORTATION FEES. RECOMMENDATION It is recommended that the City Council: 1) Accept a Development Impact Fee (DIF) study prepared by Colgan Consulting Corporation dated April 22, 2014 regarding new police, library, animal center, park land acquisition in-lieu, park land acquisition impact, park improvement, community and recreation development impact fees. 2) Adopt Ordinance No. 865 relating to Police, Library, Animal Center, Park Land Acquisition in-lieu, Park Land Acquisition Impact, Park Improvement, Community and Recreation Development Impact fees. 3) Approve Resolution No. 14-102 to revise the Citywide Transportation Development Fees. 4) Approve Resolution No. 14-101 revising the Engineering Services User Fees. ORAL AND WRITTEN PRESENTATIONS Before approving any new fee or an increase in an existing fee, the City must conduct at least one public meeting at which oral or written presentations can be made regarding the fee as part of a regularly scheduled meeting. The purpose of this agenda item is to comply with this requirement by presenting the new police, library, animal center, park land acquisition in-lieu, park land acquisition, park improvement, and community and recreation development impact fees, and the amended transportation development impact fees and the engineering services user fees, and allow the public to comment on the proposal during the City Council meeting. P6O5 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 2 DEVELOPMENT IMPACT FEES Background As a post-Proposition 13 City, the revenue that the City of Rancho Cucamonga receives from property taxes is much lower than those received by other cities. The City has therefore maintained, since incorporation, the philosophy that new development should pay its own way in regards to the impacts created by increased growth. Thus, the City collects Development Impact Fees (DIF) during the development process. The City's current DIF program was established in 1991. The City has not adopted any additional impact fees since then, but has revised some of the existing impact fees between 2003 and 2007. In 2008, the City also reviewed its Transportation Development Impact Fee; but the City chose to defer updating the fee due to the economic recession. Currently, the City's DIF amount for a single family residence is substantially lower than those collected by other cities in the region. (See Impact Fee Comparison Appendix "A") The City was previously able to make up some of the shortfall between new development and its existing fees through funding from the City's Redevelopment Agency, as well as grants, donations, and other one-time contributions. However, with the uncertainty of future grants and the abolishment of the Redevelopment Agency, City staff has determined that the DIF program must be updated with new and amended fees to assist in funding future infrastructure projects. With the economy now showing improvement, it is appropriate to not only review the existing fees, but consider adopting other new fees that would assist with the infrastructure of our growing community in line with those adopted by surrounding cities. The Colgan Fee Study In 2013, the City contracted with Colgan Consulting Corporation ("Colgan") to review the City's current DIF program, and analyze the impact of development on capital facilities and calculate impact fees based on that analysis. Colgan was also asked to evaluate the feasibility of adopting additional fees based on projections of future development within the City to address impacts on City services not addressed by the current DIF program. The Colgan Study ("Colgan Study" attached as Appendix "B") analyzed and quantified the relationship between future development and the need for additional facilities to show the impact of future development on facility needs. The proposed impact fees in the report are based on the capital cost of facilities needed to serve additional development. Existing Development Impact Fees Currently the City has four (4) DIF program categories: Drainage, Park, Beautification, and Transportation. The Colgan Study has allowed the City to re-evaluate the different DIF categories that are currently assessed, and determine if they meet the overall needs of the City. The Drainage Impact Fee addresses two drainage areas: General City Drainage Area (west of Etiwanda P6O6 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 3 Avenue) and Etiwanda/San Sevaine Drainage Area (east of Etiwanda Avenue). Staff conducted a review of the current Drainage Impact Fee being collected for these two drainage areas and found the current fee to be adequate to meet future needs. Therefore, no adjustment to the current Drainage Impact Fee is recommended. Based on the Colgan Study, the current Park Development Fee has been redefined into new fee categories which are further discussed in the next section. In addition, the current Beautification Fee will be eliminated from the DIF program. The current Transportation Impact Fees have been reviewed and analyzed by City staff and found insufficient in regards to meeting future transportation needs. Therefore, based on our analysis, the current Transportation Impact Fees will be experiencing an increase of 93%. Due to the requirements imposed by the San Bernardino Association of Governments (SANBAG), the Transportation Impact Fees will be amended under a separate resolution. A separate Transportation Development Impact Fee Study is provided in Appendix "C". New Development Impact Fees The Colgan Study identified areas of impact where the City could consider implementing new fees. City staff reviewed the report and is recommending the addition of the following new fee categories to the City's DIF Program. Park Land Acquisition and Park Improvements The Colgan Study evaluated the current Park Development Impact Fee. The study has altered the existing Park Development Impact Fee by segregating into three new categories; Park Land Acquisition In-Lieu (subdivision), Park Land Acquisition Impact (no subdivision), and Park Improvements. These categories provide for a fee structure consistent with the Quimby Act and Standard Base calculations as explained further in the Colgan Study. The proposed Park Land Acquisition In-Lieu (subdivision) or Park Land Acquisition Impact (no subdivision), Park Improvements, and Community and Recreation Center Impact Fees (below) in total will replace the existing impact fees being collected under the current Park Development Fee. Community and Recreation Center Impact Fees The Colgan study calculated a new type of impact fee for community and recreation centers. Currently, the cost of those facilities is reflected in the current Park Development Impact Fee for no subdivision (less than 50 SFR units) development only. The level of service used as the basis for the fee calculations is the ratio of existing replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. The proposed Park Land Acquisition and Park Improvements fees (above), and Community and Recreation Center Impact Fees in total will replace the existing impact fees being collected under the current Park Development Fee. • P6O7 CITY COUNCIL STAFF REPORT • Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 4 • Library Impact Fees The Colgan Study calculates a new type of impact fee for library facilities and materials. The level of service used as the basis for the fee calculations is the ratio of existing replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. Animal Center Impact.Fees The Colgan Study calculates a new type of impact fee for the Animal Center. The level of service used as the basis for the fee calculations is the ratio of existing facility replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. Police Impact Fees The Colgan Study calculates a new type of impact fee for Police facilities and equipment, The level of service used as the basis for the impact fee calculations is the ratio of existing asset replacement cost to existing calls for service. This impact fee applies to both residential and nonresidential development in the City. As part of this study, Colgan Consulting and the Rancho Cucamonga Planning Department analyzed a random sample of 2012 Police Department calls for service to determine the distribution of calls among various types of development, or in other words, the percentage of all calls generated by each type of development used in the impact fee calculations. Those percentages were applied to the • total number of 2012 calls for service to determine the number of calls originating with each type of development. Then the number of calls associated with each type of development was divided by the number of existing units to arrive at a factor representing the number of calls per unit per year. Meanwhile the total replacement cost of all existing city-owned Police facilities and equipment was divided by the total number of 2012 calls for service to determine the average replacement cost of the existing capital facilities and equipment supporting each call. Then the impact fee per unit of development for each type of development was calculated as the number of calls per year multiplied by the average cost per call. Summary of the Proposed Development Impact Fee Program In summary, the proposed DIF Program would consist of the following existing and new impact fee categories: • Drainage • Community and Recreation Center* • Transportation • Library • Park Acquisition* (In-Lieu and Impact) • Animal Center • Park Improvement* • Police *replaces Park Development The total amount of impact fees collected from the proposed DIF Program for a single family residence is • P6O8 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 5 a 68% increase over the amount of DIF currently collected (see Appendix "A"). This amount will be close to the average amount of impact fees collected by other cities in the region. ENGINEERING USER FEES In addition to impact fees, which recover the cost to the City created by new development, the City also imposes user fees, which recover the cost of services provided by the City. The Engineering Services Department, has recently analyzed its user fees which it has not done so since 2006. Staff determined the total cost of each service based on the fully burdened hourly rates that were determined for City personnel directly involved in providing a service. The fully burdened hourly rates include personnel salary and benefits as well as department overhead costs (operation costs and administration personnel costs) that are then multiplied by the average estimated number of hours needed to complete each service. The result is the total estimated cost to the City for providing a service. While the purpose of the study was to determine the full cost to the City of providing the service, the City ultimately decides what level of recovery is desired, up to the full cost. The review resulted in fee recommendations that have lowered some of the existing service fee charges. This is as a result of improved technology within the City that has made services more efficient. The comparison is outlined in the attached Appendix "D". As labor effort and costs associated with the provision of services fluctuates over time, a significant element in the development of fees is the flexibility to remain current. To allow fees to stay current over time, staff recommends an annual automatic adjustment based upon published information relative to costs to provide services. Beginning on July 1, 2015, Community Development fees outlined in the resolution will be adjusted based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during the 12 month period ending on December 31st of the immediately preceding year, as released by the U.S. Department of Labor's Bureau of Labor Statistics. This is consistent with the City's past practice in this regard. EFFECTIVE DATE OF FEES If approved by the City Council, the new fees could not go into effect any sooner than sixty days from the date of their adoption. Staff is proposing that the updated DIF Program Fees would be phased in over time after the sixty-day waiting period as follows: • September 1, 2014: Transportation Impact Fee will be implemented. • January 1, 2015: Library, Animal Center, and Police Services will be implemented. • May 1, 2015: Park Acquisition (In-lieu and Impact), Park Improvement, and Community and Recreation Center will be fully implemented. The City's current Beautification and Park Development will be eliminated. • The Resolution setting the development impact fees for Library, Animal Center, Police Services, Park Acquisition (In-lieu and Impact), Park Improvement, and Community and Recreation Center cannot be approved until the Ordinance becomes effective, Therefore, staff will bring back the development impact fee Resolution in the near future. The phasing timing will still be able to be implemented. Staff has discussed this phasing plan with the Building Industry Association of Southern California — Baldy View Chapter (BIA). • P609 CITY COUNCIL STAFF REPORT Re: NEW DEVELOPMENT IMPACT FEE PROGRAM June 4, 2014 Page 6 • PUBLIC OUTREACH Staff has previously met with representatives from the BIA the proposed new and amended fees. Copies of the fee studies were also made available to the public through the City Clerk of Rancho • Cucamonga and online through the City's website 12 days in advance of this meeting. The City will continue the practice of posting notices and making fee schedules available at the public counter and on the City's website for each affected department prior to any change in fees. PUBLIC NOTICE This matter was included as part of the publicly posted agenda for this meeting. All future actions and hearings concerning the new and amended fees discussed in this staff report will be noticed as required by law. Respectfully submitted, ...Q0...efeeentweL Mark A. Steuer Director of Engineering Services/City Engineer Attachments: Appendix "A" Impact Fee Comparison to Nearby Jurisdictions Appendix "B" Colgan Consulting Corporation Development Impact Fee study Appendix "C" Transportation Development Impact Fee Study Appendix "D" Engineering Services User Fee Schedule Appendix "E" Ordinance No. 865 Appendix "F" Resolution No. 14-101 Appendix "G" Resolution No. 14-102 • • P610 m (p S 0 0 0 0 O 8 0 m 2 m r m o m m m m m m lq ry a 2 m m A of o a co co co co m co `o c N c r C c ? 2 2 2, "1 2 °r' 2 c 2 N m rn C C C C C C C m (.1 W N co K W W W M. W M 9- O a en cm 8 O 0 0 CO N O g 8 N 8 N CO N �, a O N a r N N a N 17 N O N CO CO N CO CO CO N co a b cp C r C C C �j 2 N C 2 cc 2 c2 C c2 C O O W M lA lR tot) K Vi M 1A W N L M N m m m 0 m m lh m N m P m m 8 m CO m 8. m m 0 0 N N CO co m A . 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D 0 ; a ^1 m OI 2 N C N a c C_ CL co >+ E c c 2 m a m a E E 0 E 0 c 3 a C a a u_ yym� a w OCC in N L c O O :E w O_ a y c Vl Z c N a T 5 C a p a 0 :_ a 0 C > N 2 S L LL Li_ m '9 c a .5 w▪ w e° `c r y y a c U ° c a m d 0 c7:1 of Op a ¢ E E w a 2' m O. Uy 0 u 1. N P = o m CO a ° W C 0 m c x x _e E .� c) "3 a u m E a 'c g a j 2 a . ` 'a °c 'u „`o w r U) of _o_- a s a 0 0 � O. a' a° a ¢c ii a S ¢ D f U C rc ¢ w `a 0. I- tn. N VT tn. V* Ippn SO t11 O (.n p o 0 ppO 0 O 0 0 O O O 0 0 0 0 0 ii N y9 D1 ao w s9 N 0 D M< N IP IM C C A vi 7 9 �s I a, c 1 o o. w v to 3 El d n E 0 co o O d 7 . 7 t(J P 0 m tD Co V O, {!, A W N r LL9d P612 APPENDIX "B" COLGAN CONSULTING CORPORATION DEVELOPMENT IMPACT FEE STUDY P613 City of Rancho Cucamonga ‘•rliftutii. =4., 4C 64 mailif Development Impact Fee Study Report Final Draft: April 22, 2014 Oita eip R NCifo Submitted by: • Colgan Consulting Corporation 3323 Watt Avenue # 131 Sacramento, CA 95821 P614 Revision Notes These revision notes are provided for the convenience of anyone who has reviewed earlier drafts of this report. December 19, 2013 Revisions Executive Summary(previous version November 29, 2013) Chapter 2 (previous version November 29, 2013) Chapter 4 (previous version November 29, 2013) April 22, 2014 Revisions Executive Summary(previous version December 19, 2013) Chapter 3 (previous version November 29, 2013) Chapter 4 (previous version December 19, 2013) Chapter 5 (previous version November 29, 2013) Chapter 6 (previous version November 29, 2013) Chapter 7 (previous version November 29, 2013) P615 City of Rancho Cucamonga -Development Impact Fee Study Table of Contents Table of Contents Executive Summary Organization of the Report S-1 Future Development S-1 Impact Fee Analysis S-1 Impact Fee Summary S-3 Implementation S-4 Recovery of Study Cost S-4 Chapter 1 - Introduction Purpose 1-1 Legal Framework 1-1 Impact Fee Calculation Methodology 1-5 Facilities Addressed in this Study 1-6 Chapter 2 — Land Use and Development Study Area and Time Frame 2-1 Development Types 2-1 Units of Development 2-2 Demand Variables 2-3 Development Data 2-5 Chapter 3 — Park In-Lieu Fees/Park Impact Fees Types of Park Fees 3-1 Service Area 3-2 Demand Variable 3-2 Level of Service 3-2 Methodology 3-4 Facility Needs 3-4 Cost per Capita 3-5 In-Lieu Fees and Impact Fees per Unit 3-5 Projected Revenue 3-7 Chapter 4 — Community and Recreation Center Impact Fees Service Area 4-1 Demand Variable 4-1 Level of Service 4-1 Methodology 4-2 Facility Needs 4-2 Per-Capita Cost 4-2 Impact Fees per Unit 4-3 Projected Revenue 4-3 April22, 2014 Colgan Consulting Corporation Page i P616 City of Rancho Cucamonga-Development Impact Fee Study Table of Contents Table of Contents (cont'd) Chapter 5 — Library Impact Fees Service Area 5-1 Demand Variable 5-1 Level of Service 5-1 Methodology 5-2 Facility Needs 5-3 Per Capital Cost 5-3 Impact Fees per Unit 5-3 Projected Revenue 5-4 Chapter 6 — Animal Center Impact Fees Service Area 6-1 Level of Service 6-1 Demand Variable 6-1 Methodology 6-2 Facility Needs 6-2 Per Capita Cost 6-2 Impact Fee per Unit 6-2 Projected Revenue 6-3 Chapter 7 — Police Impact Fees Service Area 7-1 Demand Variable 7-1 Level of Service 7-2 Methodology 7-3 Facility Needs 7-4 Cost per Call for Service 7-4 Impact Fees per Unit 7-4 Projected Revenue 7-5 Chapter 8 — Public Art Fee Background 8-1 Considerations in Establishing a Public Art Fee Program 8-1 Steps in Establishing a Public Art Fee Program 8-3 Chapter 9 — Implementation Adoption 9-1 Administration 9-2 Training and Public Information 9-6 Recovery of Study Cost 9-7 April22, 2014 Colgan Consulting Corporation Page ii P617 City of Rancho Cucamonga-Development lmpad Fee Study Executive Summary Executive Summary The City of Rancho Cucamonga has retained Colgan Consulting Corporation to prepare this impact fee study to analyze the impact of development on certain capital facilities and to cal- culate impact fees based on that analysis. The methods used to calculate impact fees in this study are intended to satisfy all legal requirements of the U. 5. Constitution, the California Constitution, the California Mitigation Fee Act (Government Code Sections 66000 et seq.) , and where applicable, the Quimby Act(Government Code Section 66477). Organization of the Report Chapter 1 of this report provides an overview of impact fees. It discusses legal requirements for establishing and imposing such fees, as well as methods used in this study to calculate the fees. Chapter 2 contains information on existing and future development in the City, and organizes that data in a form that can be used in the impact fee analysis. Projections of future devel- opment shown in Chapter 2 are based on the 2010 Rancho Cucamonga General Plan. Chapters 3 through 7 analyze the impacts of development on specific types of public facilities and calculate impact fees for those facilities, as follows: Chapter 3. Parks Chapter 4. Community and Recreation Centers • Chapter 5. Libraries Chapter 6. Animal Center Chapter 7. Police Facilities and Equipment Each of the chapters listed above identifies costs eligible for impact fee funding and calcu- lates the maximum impact fees that can be justified by the data used in this study. • Chapter 8 outlines options for a Public Art Program and Public Art Fee Chapter 9 discusses implementation of the impact fee program including legal requirements for implementing the impact fee program under California law. Future Development Forecasts of future development for this study are intended to represent potential develop- ment in the City, based on the 2010 General Plan. Data presented in Chapter 2 of this report indicate that future residential development would increase the City's population by about 8%. By contrast, demand for police services could increase by 47%to buildout. The difference reflects the fact that the City has much more potential for commercial and industrial devel- opment than for residential development. Impact Fee Analysis Each type of facility addressed in this report is analyzed individually. In each case, the rela- tionship between development and the need for facilities is quantified in a formula that al- lows the impact of development on facility needs to be reflected in the calculation of impact April22, 2014 Colgan Consulting Corporation Page 5-1 • P618 City of Rancho Cucamonga-Development impact Fee Study Executive Summary fees. Impact fees calculated in this report are based on the capital cost of facilities needed to serve additional development. Those fees are summarized in Table Si,. on page 5-3. The fol- lowing paragraphs briefly discuss factors considered in the calculation of each type of impact fee calculated in this report. Park In-Lieu Fees and Park Impact Fees. This chapter calculates two broad types of devel- opment fees for parks: fees for park land acquisition, and fees for park improvements. Fees for park land acquisition are subdivided into two types: fees for park land acquisition charged to residential development in subdivisions are governed by the Quimby Act. Fees for park land acquisition in projects that don't involve a subdivision are impact fees. Fees for park im- provements are impact fees regardless of whether the project involves a subdivision. The • relationship among different types of park fees in this report is shown in this outline: i. Fees for park land acquisition are either: a. Quimby Act fees in lieu of park land dedication(subdivisions), or b. Impact fees for park land acquisition(projects with no subdivision) • 2. Impact fees for park improvements (all residential development) Quimby Act In-lieu fees are subject to different rules than impact fees. The most important difference for purposes of fee calculation has to do with the level of service standard used to set the fees. "Quimby" in-lieu fees in this report are based on a ratio of 3.0 acres per thou- sand residents. Impact fees are based on existing ratios of park acreage to population, which are somewhat lower. Park in-lieu fees and park impact fees calculated in this report are in- tended to replace the City's existing park development fees. They would apply only to resi- dential development. Land costs used to calculate park fees are based on the best available estimates of costs for low density residential land in the City. Improvement costs are estimated average costs for neighborhood and community park improvements. See Table S.i below for a summary of the park in-lieu and impact fees calculated in this report. Community and Recreation Center Impact Fees. This study calculates a new type of impact fee for community and recreation centers. Currently, the cost of those facilities is reflected in park impact fees for non-subdivision development only. The level of service used as the basis for the fee calculations is the ratio of existing replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. See Table S.i for a summary of the Community and Recreation Center impact fees calculated in this report. Library Impact Fees. This study calculates a new type of impact fee for library facilities and materials. The level of service used as the basis for the fee calculations is the ratio of existing replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are April 22, 2014 Colgan Consulting Corporation Page 5-2 P619 City of Rancho Cucamonga-Development Impact Fee Study Executive Summary based on population growth, they apply only to residential development. See Table S.1 for a summary of the Library impact fees calculated in this report Animal Center Impact Fees. This study calculates a new type of impact fee for the Animal Center. The level of service used as the basis for the fee calculations is the ratio of existing facility replacement cost to existing population. Impact fees based on that standard should provide enough revenue to cover the cost of maintaining the existing level of service as the City grows. Because these impact fees are based on population growth, they apply only to residential development. See Table S.1 for a summary of the Animal Center impact fees cal- culated in this report. Police Impact Fees. This study calculates a new type of impact fee for Police facilities and equipment. The level of service used as the basis for the impact fee calculations is the ratio of existing asset replacement cost to existing calls for service. This impact fee applies to both residential and non-residential development in the City. As part of this study, Colgan Consulting and the Rancho Cucamonga Planning Department analyzed a random sample of 2012 Police Department calls for service to determine the dis- tribution of calls among various types of development, or in other words, the percentage of all calls generated by each type of development used in the impact fee calculations. Those percentages were applied to the total number of 2012 calls for service to determine the number of calls originating with each type of development. Then the number of calls associ- ated with each type of development was divided by the number of existing units to arrive at a factor representing the number of calls per unit per year. Meanwhile the total replacement cost of existing city-owned Police facilities was divided by the total number of 2012 calls for service to determine the average replacement cost of the existing capital facilities supporting each call. Then the impact fee per unit of development for each type of development was calculated as the number of calls per year multiplied by the average cost per call. See Table S.1 for a summary of the Police impact fees calculated in this report. Impact Fee Summary Table Si on the next page summarizes the impact fees calculated in this report. Impact fees shown in Table S.1 are fees per unit of development by development type. April22,2014 Colgan Consulting Corporation Page 5-3 P620 City of Rancho Cucamonga-Development/mead Fee Study Executive Summary Table S.i:Summary of Development Impact Fees per Unit Calculated in This Study(Rounded to Nearest Dollar) Development Parks w/ Parks w/o Comm/Rec Animal Total w/ Total w/o Type Units' Subdiv 2 Subdiv 3 Centers Libraries Center Police Subdiv Subdiv Residential,Single Family(Det) DU $7,773 $6,876 $1,737 $577 $124 $172 $10,384 $9,487 Residential,Multi-Family(Att) DU $5,295 S4,684 $1,183 $393 $85 $195 $7,151 $6,540 Assisted Living Facilities DU N/A 52,192 $554 $184 N/A $41 N/A $2,972 Commercial/Retail KSF $531 $531 $531 Office KSF $122 $122 $122 Industrial KSF $46 $46 $46 Hotel/Motel Room $65 $65 $65 DU=dwelling unit;KSF=1,00o gross square feet of building area;Room=guest room or suite 2 Includes impact fee for park improvements and in-lieu fee for land acquisition under the Quimby Act(see Chapter3) 3 Includes impact fees for park improvements and land acquisition(see Chapter 3) Implementation Chapter 9 of this report discusses the requirements of the California Mitigation Fee Act and the Quimby Act for adoption and administration of impact fees, including findings required by the Mitigation Fee Act for adoption of the impact fees. Recovery of Study Cost As discussed in Chapter 9, Colgan Consulting recommends that the City add an administrative charge to the fees calculated in this report to cover the cost of periodic fee updates and pro- gram administration. The amount of that fee should be determined by the City, based on its costs. • April22, 2014 Colgan Consulting Corpoiation Page 5-4 P621 City of Rancho Cucamonga-Development Impact Fee Study Introduction Chapter 1 Introduction Purpose The City of Rancho Cucamonga has retained Colgan Consulting Corporation to prepare this study to analyze the impacts of development on certain public facilities and to calculate de- velopment impact fees based on that analysis. This study also discusses the establishment of a public art fee program. The methods used to calculate impact fees in this study are intended to satisfy all legal re- quirements governing such fees, including provisions of the U. S. Constitution, the California Constitution, the California Mitigation Fee Act (Government Code Sections 66000 et seq.), and, where applicable, the Quimby Act(Government Code Section 66477). Legal Framework This brief summary of the legal framework for development impact fees is intended as a general overview. It was not prepared by an attorney, and should not be treated as a legal opinion. U. S. Constitution. Like all land use regulations, development exactions, including impact fees, are subject to the Fifth Amendment prohibition on taking of private property for public use without just compensation. Both state and federal courts have recognized the imposi- tion of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against "regulatory takings." A regulatory taking occurs when regulations unreasonably deprive landowners of property rights protected by the Constitution. To comply with the Fifth Amendment, development regulations must be shown to substan- tially advance a legitimate governmental interest, and must not deprive the owner of all eco- nomically viable use of the property. In the case of impact fees, the government's interest is in protecting public health, safety and welfare by ensuring that development is not detri- mental to the quality and availability of essential public services provided to the community at large. Impact fees that apply to all development in a jurisdiction are not subject to the same level of judicial scrutiny as exactions involving the dedication of land or an interest in land, or a fee imposed as a condition of approval on a single development project. In those cases, height- ened scrutiny applies, and a higher standard must be met. The U. 5. Supreme Court has found that a government agency must demonstrate an "essential nexus" between such ex- actions and the interest being protected (See Nollan v. California Coastal Commission, 1987). The agency must also demonstrate that the exaction imposed is "roughly proportional" to the burden created by development. (See Dolan v. City of Tigard, 1994). April 22, 2014 Colgan Consulting Corporation Page 1-1 P622 City of Rancho Cucamonga-Development Impact Fee Study Introduction A local legislative body is accorded considerable discretion by the courts when enacting im- pact fees that apply broadly to development projects within its jurisdiction. However, even where heightened scrutiny does not apply, an agency enacting impact fees should take care to demonstrate a nexus and ensure proportionality in the calculation of its fees. California Constitution. The California Constitution grants broad police power to local gov- ernments, including the authority to regulate land use and development. That police power is the source of authority for local governments in California to impose impact fees on devel- opment. Some impact fees have been challenged on grounds that they are special taxes im- posed without voter approval in violation of Article XIIIA. However, that objection is valid only if the fees exceed the cost of providing capital facilities needed to serve new develop- ment. If that were the case, then the fees would also run afoul of the U. S. Constitution and the Mitigation Fee Act. Articles XIIIC and XIIID, added by Proposition 218 in 1996, require voter approval for some "property-related fees," but exempt "the imposition of fees or charges as a condition of property development." The Mitigation Fee Act. California's impact fee statute originated in Assembly Bill 160o dur- ing the 1987 session of the Legislature, and took effect in January, 1989. AB 1600 added sev- eral sections to the Government Code, beginning with Section 66000. Since that time the impact fee statute has been amended from time to time, and in 1997 was officially titled the "Mitigation Fee Act." Unless otherwise noted, code sections referenced in this report are from the Government Code. The Mitigation Fee Act does not limit the types of capital improvements for which impact fees may be charged. It defines public facilities very broadly to include "public improve- ments, public services and community amenities." Although the issue is not specifically ad- dressed in the Mitigation Fee Act, other provisions of the Government Code (see Section 65913.8) prohibit the use of impact fees for maintenance or operating costs. Consequently, the fees calculated in this report are based on capital costs only. The Mitigation Fee Act does not use the term "mitigation fee" except in its official title. Nor does it use the more common term "impact fee." The Act simply uses the word "fee,"which is defined as "a monetary exaction, other than a tax or special assessment...that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the devel- opment project...." To avoid confusion with other types of fees, this report uses the widely-accepted terms "im- pact fee"and"development impact fee"which should both be understood to mean"fee"as defined in the Mitigation Fee Act. The Mitigation Fee Act contains requirements for establishing, increasing and imposing im- pact fees. They are summarized below. It also contains provisions that govern the collection and expenditure of fees and require annual reports and periodic re-evaluation of impact fee programs. Those administrative requirements are discussed in Chapter 9 of this report. Required Findings. Section 66001 requires that an agency establishing, increasing or impos- ing impact fees, must make findings to: April22, 2019 Colgan Consulting Corporation Page 1-2 P623 City of Rancho Cucamonga-Development Impact Fee Study Introduction 1. Identify the purpose of the fee; 2. Identify the use of the fee; and, 3. Determine that there is a reasonable relationship between: a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is im- posed;and c. The amount of the fee and the facility cost attributable to the development project. (Applies when fees are imposed on a specific project.) Each of those requirements is discussed in more detail below. Identifying the Purpose of the Fees. The broad purpose of impact fees is to protect public health, safety and general welfare by providing for adequate public facilities. The specific purpose of the fees calculated in this study is to fund construction of certain capital im- provements identified in this report. Those improvements will be needed to mitigate the impacts of planned new development on City facilities, and to maintain an acceptable level of public services as the City grows. Findings with respect to the purpose of a fee should define the purpose broadly as providing for the funding of adequate public facilities to serve addi- tional development. Identifying the Use of the Fees. According to Section 6600i, if a fee is used to finance public facilities, those facilities must be identified. A capital improvement plan may be used for that purpose, but is not mandatory if the facilities are identified in a General Plan, a Specific Plan, or in other public documents. In this case, we recommend that the City Council adopt this report as the document that identifies the facilities to be funded by the fees. Reasonable Relationship Requirement. As discussed above, Section 6600t requires that,for fees subject to its provisions,a "reasonable relationship"must be demonstrated between: 1. the use of the fee and the type of development on which it is imposed; 2. the need,for a public facility and the type of development on which a fee is im- posed;and, 3. the amount of the fee and the facility cost attributable to the development on which the fee is imposed. These three reasonable relationship requirements as defined in the statute mirror the nexus and proportionality requirements widely considered to be the standard for defensible impact fees. The term "dual rational nexus" is often used to characterize the standard used by courts in evaluating the legitimacy of impact fees. The "duality" of the nexus refers to (i)an impact or need created by a development project subject to impact fees, and (2)a benefit to the project from the expenditure of the fees.Although proportionality is reasonably implied in the dual rational nexus formulation, it was explicitly required by the Supreme Court in the Dolan case, and we prefer to list it as the third element of a complete nexus. Demonstrating an Impact. All new development in a community creates additional demands on some, or all, public facilities provided by local government. If the supply of facilities is not April22, 2014 Colgan Consulting Corporation Page 1-3 P624 City of Rancho Cucamonga-Development Impact Fee Study Introduction increased to satisfy the additional demand,the quality or availability of public services for the entire community will deteriorate. Impact fees may be used to recover the cost of develop- ment-related facilities, but only to the extent that the need for facilities is occasioned by the development project subject to the fees. The Nollan decision reinforced the principle that development exactions may be used only to mitigate impacts created by the development projects upon which they are imposed. In this study, the impact of development on facility needs is analyzed in terms of quantifiable relationships between various types of develop- ment and the demand for public facilities, based on applicable level-of-service standards. This report contains all of the information needed to demonstrate this element of the nexus. Demonstrating a Benefit. A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and expended only on the facilities for which the fees were charged. Fees must be spent in a timely manner and facilities funded by the fees must serve the development projects paying the fees. Nothing in the U.S. Constitution or California law requires that facilities paid for with impact fee revenues be available exclusively to develop- ments paying the fees. Procedures for earmarking and expenditure of fee revenues are mandated by the Mitigation Fee Act, as are procedures to ensure that the fees are expended expeditiously or refunded. Those requirements are intended to ensure that developments benefit from the impact fees they are required to pay. Thus, an adequate showing of benefit must address procedural as well as substantive issues. Demonstrating Proportionality. Proportionality in impact fees depends on properly identify- ing development-related facility costs and calculating the fees in such a way that the impact of development is reflected in the allocation of those costs. In calculating impact fees, costs for development-related facilities must be allocated in proportion to the facility needs creat- ed by different types and amounts of development. The section on impact fee methodology, below, describes methods used to allocate facility costs and calculate impact fees that meet the proportionality standard. Impact Fees for Existing Facilities. It is important to note that impact fees may be used to cover some or all of the cost of existing facilities, provided those facilities are needed to serve additional development and have,the capacity to do so. In other words, it must be possible to show that the fees meet the need and benefit elements of the nexus. Development Agreements and Reimbursement Agreements. The requirements of the Miti- gation Fee Act do not apply to fees collected under development agreements (see Govt. Code Section 66000) or reimbursement agreements (see Govt. Code Section 66003). The same is true of fees in lieu of park land dedication imposed under the Quimby Act(see Govt. Code Section 66477). Existing Deficiencies. In 2006, Section 66001(g)was added to the Mitigation Fee Act(by AB 2751)to prohibit impact fees from including costs attributable to existing deficiencies in pub- lic facilities. The legislature's intent in adopting this amendment, as stated in the bill, was to codify the Holdings of Bixel v. City of Los Angeles (1989), Rohn v. City of Visalia (1989), and Shapell Industries Inc. v. Governing Board(1991). That amendment does not appear to be a substantive change. It is widely understood that other provisions of law make it improper for impact fees to include costs for correcting existing deficiencies. April22, 2014 Colgan Consulting Corporation Page 1-4 P625 City of Rancho Cucamonga -Development Impact Fee Study Introduction Impact Fee Calculation Methodology Any one of several legitimate methods may be used to calculate impact fees. The choice of a particular method depends primarily on the service characteristics and planning require- ments for the facility type being addressed. Each method has advantages and disadvantages in a particular situation. To some extent they are interchangeable, because they all allocate facility costs in proportion to the needs created by development. Reduced to its simplest terms, the process of calculating impact fees involves two steps: de- termining the cost of development-related capital improvements, and allocating those costs equitably to various types of development. In practice, though, the calculation of impact fees can become quite complicated because of the many factors involved in defining the re- lationship between development and the need for facilities. Allocating facility costs to various types and amounts of development is central to all meth- ods of impact fee calculation. Costs are allocated by means of formulas that quantify the re- lationship between development and the need for facilities. In a cost allocation formula, the impact of development is measured by a "demand variable," which is an attribute of devel- opment that reasonably represents the facility needs created by different types and amounts of development. Different variables are used in analyzing different types of facilities. Specif- ic demand variables used in this study are discussed in more detail in subsequent chapters. The following paragraphs discuss three general approaches to calculating impact fees and how they can be applied. Plan-Based or Improvements-Driven Method. Plan-based impact fee calculations are based on the relationship between a specified set of improvements and a specified increment of • development. The improvements are typically identified by a facility plan, while the devel- opment is identified by a land use plan that identifies potential development by type and quantity. Facility costs are allocated to various categories of development in proportion to . the amount of development and the relative intensity of demand created by each category. To calculate impact fees using this approach, it is necessary to define an end point or "buildout" condition for development, and to determine what facilities will be needed to serve the additional development that occurs from the time of the analysis to buildout. Buildout is a hypothetical condition in which undeveloped land encompassed by the study has been developed to its expected intensity. Under this approach, the total cost of eligible facilities is divided by the total units of addi- tional demand (based on the demand variable)to calculate a cost per unit of demand. Then, the cost per unit of demand is multiplied by the units of demand per unit of development (e.g. dwelling units or square feet of building area) in each category to arrive at a cost per unit of development. This method is somewhat inflexible in that it is based on the relation- ship between a particular facility plan and a particular and use plan. If either plan changes significantly,the fees may have to be recalculated. Capacity-Based or Consumption-Driven Method. This method calculates a cost per unit of capacity based on the relationship between total cost and total capacity of a system. It can be applied to any type of development, provided the capacity required to serve each incre- ment of development can be estimated and the facility has adequate capacity available to April22,2014 Colgan Consulting Corporation Page 1-5 P626 City of Rancho Cucamonga-Development Impact Fee Study Introduction serve the development. Since the cost per unit of demand does not depend on the type or quantity of development to be served, this method is flexible with respect to changing de- velopment plans. Under this method, the cost of unused capacity is not allocated to development. Capacity- based fees are most commonly used for water and wastewater systems, where the cost of a system component is divided by the capacity of that component to derive a unit cost. How- ever, this method can be applied to other types of facilities. To produce a schedule of impact fees based on standardized units of development (e.g. dwelling units or square feet of non- residential building area), the cost per unit of capacity is multiplied by the amount of capacity required to serve a typical unit of development in each of several land use categories. Standard-based Method. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of devel- opment. The standard can be established as a matter of policy or it can be based on the level of service being provided to existing development in the study area. Using the standard- based method, costs are defined on a generic unit-cost basis and then applied to develop- ment according to a standard that sets the amount of service or capacity to be provided for each unit of development. The standard-based method is useful where facility needs are de- fined directly by a service standard, and where unit costs can be determined without refer- ence to the total size or capacity of a facility or system. Parks fit that description. It is com- mon for cities or counties to establish a service standard for parks in terms of acres per thou- sand residents. In addition, the cost per acre for parks can usually be estimated without knowing the exact size or location of a particular park, or the total acreage of parks in the system. This approach is also useful for facilities such as libraries, where it is possible to estimate a generic cost per square foot before a building is actually designed. One advantage of the standard-based method is that a fee can be established without committing to a particular size of facility, and facility size can be adjusted based on the amount of development that actually occurs. Facilities Addressed by this Study Impact fees for the following types of facilities are addressed in this report: • Park Land and Improvements(Chapter 3) • Community and Recreation Facilities (Chapter4) • Libraries(Chapter 5) • Animal Center(Chapter 6) • Police(Chapter 7) In addition Chapter 8 discusses the establishment of a public art fee program. The impact fee analysis for each facility type is presented in a separate chapter of this report, beginning with Chapter 3. The next chapter, Chapter 2, contains data on land use and devel- opment in the City. April22, 2014 Colgan Consulting Corporation Page 1-6 P627 City of-Rancho Cucamonga-Development Impact Fee Study Land Use and Development Chapter 2 Land Use and Development This chapter of the report organizes and correlates data on existing development and planned future development to provide a framework for the impact fee analysis contained in subsequent chapters of the report. The information in this chapter forms a basis for establishing levels of service, analyzing facil- ity needs, and allocating the cost of capital facilities between existing and new development, where appropriate, and among various types of new development. Data on existing and planned development shown in this report were compiled from the City of Rancho Cucamonga 2010 General Plan, the General Plan EIR for that update, and addition- al information provided by the City of Rancho Cucamonga Planning Department. Study Area and Time Frame The study area for the impact fee analysis is the area covered by the 2010 General Plan. The timeframe for this study extends from the present to buildout of land designated for devel- opment within the study area. The term "buildout"is used to describe a hypothetical condi- tion in which currently undeveloped land in the study area has been developed as designated in the General Plan. The time required for buildout will depend on the rate at which development occurs. The timing of development does not enter into the impact fee calculations, so this report does not project the rate of growth or anticipated buildout date. Development Types The development types used in this report correlate with General Plan land use designations, or groups of land use designations. Impact fees calculated in this report are intended to be applied based on actual land uses rather than zoning or general plan land use designations. Residential Development. Residential development types used in this study are: • Residential,Single-Family(Detached) • Residential, Multi-Family(Attached) The Residential, Single-Family (Detached) category, above, corresponds to residential devel- opment at or below the Low-Medium Density(LMD)designation in the General Plan. The Residential, Multi-Family (Attached) category, above, corresponds to residential devel- opment at densities above the Low-Medium Density (LMD) designation in the General Plan, including residential development in Mixed Use projects. Non-Residential Development. Non-residential development types used in this study are: • Commercial/Retail • Office April22, 2014 Colgan Consulting Corporation Page 2-1 P628 City of-Rancho Cucamonga-Development Impact Fee Study Land Use and Development • Industrial • Hotel/Motel The Commercial/Retail category corresponds to development covered by the Neighborhood Commercial, Community Commercial, and General Commercial designations in the General Plan and also assumes that Mixed Use development is 8o% Commercial/Retail and zo% High Density residential. The Office category corresponds to development covered by Office and Haven Office Over- lay designations in the General Plan as well as 4o%of the land designated Industrial Park. The Industrial category corresponds to the General Industrial and Heavy Industrial designa- tions in the General Plan,as well as 6o%of the land designated Industrial Park. The Hotel/Motel category breaks out hotel and motel uses from the broader Commercial/ Retail category. Note on Assisted Living Facilities. Although Assisted Living Facilities are not identified as a separate development type in this study, some of the impact fees calculated in this report show impact fees specifically for that type of project. Assisted Living Facilities are allowed in some higher-density residential zoning districts with a conditional use permit, but their impacts are quite different from the uses typically expected in those districts. It would be possible to calculate customized impact fees for such projects when they are being approved, but having those fees calculated in advance is a convenience for City staff. Similar situations can arise with other types of development where the fees calculated for a broad category of development do not reflect the specific characteristics of an individual pro- ject that falls within that broad category. The fee calculations for Assisted Living Facilities in later chapters of this report can be viewed as an example of the approach that can be used to customize fees for such uses. However, to qualify for special treatment, a development project must be designed for, and permanently committed to, a use whose impacts are significantly greater or less than the impact of the general development type into which that use would otherwise fall. Units of Development In this study, quantities of existing and potential development are measured in terms of cer- tain units of development. Those units are discussed below. Dwelling Units. The dwelling unit (DU) is the most commonly used measure of residential development,and is the standard unit for residential development in this study. Building Area. Gross building area in thousands of square feet (KSF) is used as the standard unit of development for non-residential development, except for the Hotel/Motel category. Rooms. The standard unit of development for hotel and motel uses is a single guest accom- modation, i.e., a guest room or suite. April22, 2014 Colgan Consulting Corporation Page 2-2 P629 City of Rancho Cucamonga-Development Impact Fee Study Land Use and Development Demand Variables In calculating impact fees, the relationship between facility needs and development must be quantified in cost allocation formulas. Certain measurable attributes of development (e.g., population) are used in those formulas to reflect the impact of different types and amounts of development on the demand for specific public services and the facilities that support those services. Those attributes are referred to in this study as"demand variables." Demand variables are selected either because they directly measure service demand created by various types of development, or because they are reasonably correlated with that de- mand. For example the need for parks in a community is almost universally assessed based on the population of the community, so added population is an appropriate demand variable to measure the impact of new development on the need for additional parks. Specific demand variables used in this study are discussed below. The value of a demand var- iable for each type of development is called a demand factor. Demand factors used in this study are shown in Table 2.1, later in this chapter. • Population. Population is used as a demand variable to measure the impact of development on several types of facilities in this study. Because population growth is a function of resi- dential development, the value of this variable is zero for all non-residential development types. Existing and potential population figures used in this study are intended to represent a"zero- vacancy" population, calculated as the number or existing or potential dwelling units in a category multiplied by the average population per unit(see Table 2.1, below). Colgan Consulting uses this approach because fluctuating vacancy rates can obscure the po- tential demand for public service represented by existing or potential dwelling units, once they are constructed. A zero-vacancy population reflects the total demand the City is com- mitted to serve. Persons-per-dwelling unit factors used in this study are based on an analysis of data from 5-year estimates in the 2007-2011 U. S. Census Bureau American Community Survey. Police Calls for Service. In this study, police calls for service per-unit per-year are used to represent the demand for police services by different types of development. The calls per- unit per-year factors shown in Table 2.1 were derived from analysis of a random sample of all calls for service for calendar year 2012. The total number of calls for service logged by the Rancho Cucamonga Police Department for 2012 was 139,696. From those calls for service, Colgan Consulting extracted a random sample consisting of 699 calls or 1 of every zoo calls. Then the Rancho Cucamonga Planning Department classified the sampled call locations by development type to establish a distribu- tion of those calls by development type. Of the 699 sample calls, 91 (13.0%)were excluded from the analysis because the location was unknown or the development type could not be determined. Of the remaining 608 calls, 79 were for traffic stops and 45 were information calls. Colgan Consulting ultimately decided to exclude traffic stops and information calls from the distribution analysis. April22, 2019 Co/gan Consulting Corporation Page 2-3 P630 City o1 Rancho Cucamonga-Development Impact Fee Study Land Use and Development After excluding those calls, 484 calls remained. Those calls were used to analyze the distribu- tion of calls for service by development type. Table 7.1 in Chapter 7 shows that distribution. The sample size used in the distribution analysis results in a 4%margin of error at the 95%con- fidence level. In other words, statistically, we can be 95% sure that the results of the sample • analysis are within 4% of the results we would have obtained if we had analyzed all 139,696 2012 calls for service. Finally, to calculate the demand factors for each type of development in terms of calls for service per unit per year, the percentage of calls attributed to each development type in the analysis of the random sample, was applied to the total number of 2012 calls for service to determine the number of calls per year associated with each development type. That num- ber was then divided by the number of existing units in each development type to arrive at the average calls for service per unit per year factors. Those factors are shown in Tables 2.1 and 7.1. It should also be noted that of the 484 calls used in the final distribution analysis, 12.8% were attributed to public facilities, such as schools, parks and public buildings. The demand repre- sented by those calls was not used in the impact fee analysis, so the impact fees calculated for private development will not include the cost of facilities needed to support that share of total demand. Table 2.1 presents some of the basic demand factors used in this study. Other demand fac- tors are presented in connection with fee calculations for individual facility types. Table 2.1:Demand Factors Used in This Study Development Dev Population PD Calls Type Units' per Unit 2 per Unit 3 Residential,Single-Family(Detached) DU 3.45 1.25 Residential,Multi-Family(Attached) DU 2.35 1.41 Commercial/Retail KSF 3.85 Office KSF 0.89 Industrial KSF 0.33 Hotel/Motel Rooms 0.47 'Units of development: DU=dwelling unit;Occ=Occupant;KSF=i,000 gross square feet of building area;Room=hotel/motel room or suite 2 Estimated average population per unit based on data from 5-year estimates in the U.S.Census Bureau 2007-2011 American Community Survey 3 Estimated average Police Department calls for service per unit per year based on analysis of a random sample of calls for the 2012 calendar year by Colgan Consulting and the Rancho Cucamonga Planning Department(see explanation in the text above) April22,2019 Colgan Consulting Corporation Page 2-9 P631 • City of Rancho Cucamonga-Development Impact Fee Study Land Use and Development Development Data Tables 2.2 through 2.4 present data on existing and future development in the City of Rancho Cucamonga that will be used throughout this report. Table 2.2 shows data for existing de- velopment as of October 1,2013. Table 2.2: Existing Development-October t, 2013 Development Dev Estimated Estimated Estimated Types Units Units Population 3 PD Calls 4 Residential,Single-Family(Detached) DUs 35,610 122,855 44,449 Residential,Multi-Family(Attached) DUs 21,833 51,308 30,883 Commercial/Retail KSF 7,870 30,306 Office KSF 3,900 3,464 Industrial KSF 37,100 12,411 Hotel/Motel Rooms 944 446 Total 174,163 121,958 Units of development: DU=dwelling unit; KSF=1,000 gross square feet of building area; Room=hotel/motel room or suite 'Existing units based on City of Rancho Cucamonga Planning Dept.2013 demo- graphic overview;commercial/retail square footage has been adjusted to reflect the inclusion of hotel/motel development as a separate category 3 Estimated existing population=residential units X population per unit from Table 2.1; estimate assumes zero vacancy rate 4 Estimated police calls for service per year based on analysis of a random sample of police calls for service for calendar year 2012;calls associated with public facilities are not included in the total;see discussion in the text of this chapter Table 2.3 presents a forecast of planned future development in the City, based on data from the 2010 General Plan Environmental Impact Report(EIR). April22,2014 Colgan Consulting Corporation Page 2-5 P632 City of Rancho Cucamonga-Development Impact Fee Study Land Use and Development Table 2.3: Forecasted Future Development Development Dev Added Added Added Types Units' Units 2 Population 3 PD Calls 4 Residential,Single-Family(Detached) DUs 3,305 11,402 4,125 Residential,Multi-Family(Attached) DUs 1,109 2,606 1,569 Commercial/Retail KSF 11,341 43,674 Office KSF 5,238 4,652 Industrial KSF 27,259 9,119 Hotel/Motel Rooms 320 151 Total 14,008 57,596 'Units of development: DU=dwelling unit; KSF=1,000 gross square feet of building area; Room=hotel/motel room or suite 'Forecasted new development units=the difference between buildout units in Table 2.4 and existing units in Table 2.2 3 Added population=added residential units X population per unit from Table 2.1 `Added police calls=added units X calls per unit from Table 2.1 Table 2.4 represents total development in the City at buildout of undeveloped land covered by the 2010 General Plan. Table 2.4: Forecasted Total Development at General Plan Buildout Development Dev Buildout Buildout Buildout Types Units' Units 2 Population 3 PD Calls 4 Residential,Single-Family(Detached) DU 38,915 134,257 48,574 Residential,Multi-Family(Attached) DU 22,942 53,914 32,452 Commercial/Retail KSF 19,210 73,980 Office KSF 9,138 8,116 Industrial KSF 64,359 21,530 Hotel/Motel Rooms 1,264 597 Total 188,171 179,554 'Units of development: DU=dwelling unit;KSF=1,000 gross square feet of building area; Room=hotel/motel room or suite 'Buildout development units based on 2010 General Plan DR 3 Buildout population=buildout residential units X population per unit from Table 2.1 4 Buildout police calls=buildout units X calls per unit from Table 2.1 The forecasted buildout population in Table 2.4 is lower than the total projected in the Gen- eral Plan EIR, because this study used estimated current persons per dwelling unit factors rather than the higher population per unit factors from the EIR. Apri122, 2014 Colgan Consulting Corporation Page 2-6 P633 City of Rancho Cucamonga-Development Impact Fee Study Land Use and Development The potential development shown in Table 2.3 represents approximately an 8% increase in population, and a 50% increase in the number police calls for service per year compared with existing levels. The larger increase in demand for police services reflects the relatively greater potential for commercial, office and industrial development in the City, compared with residential devel- opment. These figures give a general picture of the potential impacts of future development on public facilities in Rancho Cucamonga. The fees calculated in subsequent chapters are intended to pay for the capital facilities needed to serve that additional demand. April 22, 2014 Colgan Consulting Corporation Page 2-7 P634 City of Rancho Cucamonga -Development Impact Fee Study Parks Chapter 3 Park In-Lieu Fees/Park Impact Fees Types of Park Fees This chapter calculates two broad types of development fees for parks: fees for park land acquisition, and fees for park improvements. Fees for park land acquisition are subdivided into two types:fees in lieu of park land dedication under the Quimby Act, which apply to res- idential subdivisions, and impact fees for park land acquisition which apply to residential de- velopment not involving a subdivision. The relationship among different types of park fees is more easily seen in outline form: 1. Fees for park land acquisition are either a. Quimby Act fees in lieu of park land dedication (subdivisions), or b. Impact fees for park land acquisition(projects with no subdivision) 2. Impact fees for park improvements (all residential development) Park land dedication requirements and fees in-lieu of dedication for subdivisions are imposed under the authority of the Quimby Act (Govt. Code Section 66477), which is part of the Sub- division Map Act. Park impact fees for both land acquisition and park improvements are govemed by the Mitigation Fee Act (Govt. Code Sections 66000 et seq.) As detailed below, the in-lieu ("Quimby") fees are subject to different requirements and limitations than park impact fees. Fees In Lieu of Park Land Dedication. Under the Quimby Act, the City may, by ordinance, "require the dedication of and or impose a requirement for the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition of ap- proval of a tentative map or parcel map...." This provision of the statute applies only to resi- dential subdivisions. An ordinance imposing dedication and fee requirements under the Quimby Act must contain "definite standards for determining the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof." Before imposing these requirements, the City must have adopted a general plan or specific plan containing policies and standards for parks and recreation facilities. The dedicated land and/or in-lieu fees "are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision (paying the fees)." The Quimby Act provides that only in-lieu fees, not land dedication, may be required for subdivisions of less than 5o parcels. Otherwise, the City may choose to re- quire either land dedication or payment of in-lieu fees. Park Impact Fees. Because the provisions of the Quimby Act apply only to land acquisition, and only in residential subdivisions, this study calculates separate park impact fees for park land acquisition in non-subdivision projects and for park improvements. April22, 2014 Colgan Consulting Corporation Page 3-1 P635 City of Rancho Cucamonga -Development impact Fee Study Parks Service Area All park fees are calculated for a single service area encompassing the entire City. Demand Variable A "demand variable" is some quantifiable attribute of development that can be used in fee calculation formulas to represent the impact of development on a particular type of public facility. The demand variable used to calculate park in-lieu fees and impact fees is added population. The value of a demand variable can differ by development type, so each type of development has its own "demand factor." Since population is a function of residential development, the fees calculated in this chapter apply only to residential development. The demand factor for each type of residential development is the average population per unit for that type. Population is used as the demand variable for these fees because the need for parks in a community is almost always based on population, and the Quimby Act specifies that park land dedication/in-lieu fee standards must be based on the relationship between park acre- age and population. Also, as discussed in the next section, the City's adopted level-of-service standard for parks is stated in terms of the relationship between acreage and population. Level of Service The level of service standard for parks, as adopted in the Community Services Element of the 2010 General Plan, is 5.o acres per thousand residents. However,the General Plan recognizes that the 5.0 acre standard is a goal, and is not necessarily applicable to development fees. This study will use the relevant Quimby Act standard for fees in-lieu of park land dedication, and the existing level of service for other park fees. Both are lower than the adopted 5.0 acre standard. Those levels are discussed below. Table 3.1 on the next page lists the City's existing parks and shows both total acres and im- proved acres of park land. Total acreage of city-owned park land will be used to determine the existing level of service for purposes of calculating impact fees for park land acquisition. Improved park acreage will be used to determine the existing level of service for the calcula- tion of impact fees for park improvements. April 22,2014 Colgan Consulting Corporation Page 3-2 P636 City o7 Rancho Cucamonga-Development Impact Fee Study Parks Table 3.1: Existing Parks Park Total Improved Name Acres' Acres' Community Parks Central Park 103.0 30.0 Etiwanda Creek Park 33.5 12.0 Heritage Community Park 40.0 40.0 Red Hill Community Park 44.0 44.0 Epicenter Sports Complex 42.0 42.0 Subtotal Community Parks 262.5 168.0 Neighborhood Parks Bear Gulch Park 5.0 5.0 Beryl Park East 10.0 10.0 Beryl Park West 10.0 10.0 Church Street Park 6.5 6.5 Coyote Canyon Park 5.0 5.0 Day Creek Park 11.0 11.0 Ellena Park 6.5 6.5 Garcia Park 5.5 5.5 Golden Oak Park 5.0 5.0 Hermosa Park 10.0 10.0 Kenyon Park 6.5 6.5 Legacy Park 3.7 3.7 Lions Park 1.5 1.5 Milliken Park 10.0 10.0 Mountain View Park 5.o 5.0 Old Town Park 5.0 5.0 Olive Grove Park 7.9 7.9 Ralph M. Lewis Park 9.5 9.5 Rancho Summit Park 6.6 6.6 Spruce Avenue Park 5.0 5.0 Victoria Arbors Park 9.1 9.1 Victoria Grove Park 6.5 6.5 Vintage Park 6.5 6.5 West Greenway Park 5.0 5.0 Windrows Park 8.o 8.0 Subtotal Neighborhood Parks 170.; 170.3 Total 432.80 338.30 'Source:City of Rancho Cucamonga Community Services Department Table 3.2 on the next page calculates the existing level of service in terms of acres per thou- sand residents for total City-owned park land and improved park land. April22, 2014 Colgan Consulting Corporation Page 3-3 P637 City of Rancho Cucamonga-Development Impact Fee Study Parks Table 3.2:Existing Level of Service -Park Land/Improved Park Land Existing Existing Acres per Acres per 4 Component Acres' Population' Capita 3 i,000 Total Park Land 432.80 174,163 0.00249 2.49 Improved Park Land 338.30 174,163 0.00194 t94 'See Table 3.1 2 See Table 2.2 3 Acres per capita=existing acres/existing population 4 Acres per 1,000 residents=acres per capita X 1,000 Level-of-Service Standard for Park Land Acquisition In-Lieu Fees (In Subdivisions). The Quimby Act provides that park land dedication and in-lieu fee requirements may be based on a minimum ratio of 3.o acres per thousand residents. In this case, as shown in Table 3.2, the current ratio of City-owned park land to population is less than 3.o acres per thousand, so the standard used to calculate park land acquisition in- lieu fees in this study is 3.0 acres per 1,000 residents. Level-of-Service Standard for Park Land Acquisition Impact Fees (No Subdivision). The standard used to calculate park land acquisition impact fees in this study is the existing ratio of total park land to population in acres per t,000 residents,as shown in Table 3.2. Level-of-Service Standard for Park Improvement Impact Fees (All Development). The standard used to calculate park improvement impact fees in this study is the existing ratio of improved park land to population in acres per 1,000 residents, as shown in Table 3.2. Methodology This chapter calculates impact fees using the standard-based method discussed in Chapter 1. Standard-based fees are calculated using a specified relationship or standard that determines • the number of service units to be provided for each unit of development. Both in-lieu and impact fees are calculated using ratios of park acreage to population, as dis- cussed in the previous section on level-of-service standards. Facility Needs Because the method used to calculate impact fees in this section is standard-based rather than plan-based, those calculations are not dependent on a list of specific park projects. However, the Community Services element of the General Plan does identify sites for some future parks. Both in-lieu fees and impact fees must expended for parks that adequately serve the devel- opment projects from which the fees are collected. Within the constraints of land availability for future parks, the City should consider that requirement when expending revenue from in- lieu and impact fees. April22, 2014 Colgan Consulting Corporation Page 3-4 P638 City of Rancho Cucamonga—Development Impact Fee Study Parks The impact fees calculated in this chapter are based on the cost of maintaining the existing level of service for parks as additional development occurs. Revenue from in-lieu fees and impact fees calculated in this chapter may be used for, but shall not be limited to the following: land acquisition and site improvements (landscape, hardscape, parking areas, perimeter street), picnic amenities, minor sports amenities, major sports amenities, playground equipment, amphitheaters, shelters, equestrian amenities, ca- nine amenities, and building/structural exterior and interior improvements necessary to sup- port the aforementioned items. Per-Capita Cost Table 3.3 shows the per-capita cost for each type of fee calculated in this chapter. Because different standards are used for land acquisition in-lieu fees and land acquisition impact fees, per capita cost is calculated separately for those cost components. Cost-per-acre for acquisi- tion of residential land is based on estimates used in updating the Housing Element of the General Plan in 2010. Estimated cost for park improvements is based on the most recent data available for park improvements in the City. Table 3.3:Cost per Capita -Park In-Lieu and Impact Fees Cost Acres per Acres per Cost per Cost per Component 1,o00 Capita' Acre 3 Capita Park Land Acquisition(In Subdivisions) 3.00 0.00300 $ 505,000 $ 1,515.00 Park Land Acquisition(No Subdivision) 2.49 0.00249 $ 505,000 $ 1,254.94 Park Improvements(All Development) 1.94 0.00194 $380,000 $ 738.12 'See Table 3.2;in-lieu fees for park and acquisition under the Quimby Act may be based on a minimum of 3.o acres per 1,o00 residents 'Acres per capita=acres per 1,000/1,000 3 Cost per acre for land based on estimates developed for the 2010 General Plan Housing Element;cost per acre for park improvements represents average cost for community and neighborhood parks `Cost per Capita=acres per per capita X cost per acre In the next section, the per-capita costs from Table 3.3 are used to calculate in-lieu fees and impact fees per unit of development. In-Lieu Fees and Impact Fees per Unit Park Land Acquisition In-Lieu Fees (In Subdivisions). Table 3.4 shows the calculation of park land acquisition in-lieu fees per unit of development by development type. Those fees are calculated using per-capita costs from Table 3.3 and average population per dwelling unit from Table 2.1. April22, 2014 Colgan Consulting Corporation Page 3-5 P639 City of Rancho Cucamonga—Development Impact Fee Study Parks Table 3.4: Park Land Acquisition In-Lieu Fee per Unit(In Subdivisions) Development Population Cost per In-Lieu Fee Type Units' per Unit' Capita 3 per Unit 4 Residential,Single-Family(Detached) DU 3.45 $ 1,515.00 $ 5,226.75 Residential,Multi-Family(Attached) DU 2.35 $ 1,515.00 $ 3,560.25 'Units of development;DU=dwelling unit 2 See Table 2.1 3 Cost per capita;see Table 3.3 4 In-lieu fee per unit=population per unit X cost per capita Note on Fees for Assisted Living Facilities. The impact fees shown in the tables below in- clude fees for assisted living facilities. Assisted living is not one of the basic development types used in this report. However, assisted living facilities are allowed in some residential zoning districts with a conditional use permit, and residents of those facilities do make use of City parks. Impact fees for this type of development are based on a population-per-dwelling- unit factor specific to such facilities. That factor was estimated using data from a telephone survey of existing assisted living facilities in the City conducted by Colgan Consulting. Impact fees for other specialized development types could be calculated in the same way if the need arises. Park Land Acquisition Impact Fees (No Subdivision). Table 3.5 shows the calculation of park land acquisition impact fees per unit of development by development type. Those fees are calculated using per-capita costs from Table 3.3 and average population per dwelling unit. Table 3.5: Park Land Acquisition Impact Fee per Unit(No Subdivision) Development Population Cost per Impact Fee Type Units' per Unit 2 Capita 3 per Unit 4 Residential,Single-Family(Detached) DU 3.45 S 1,254.94 $ 4,329.54 Residential,Multi-Family(Attached) DU 2.35 $ 1,254.94 $ 2,949.11 Assisted Living Facility DU 1.10 $ 1,254.94 $ 1,380.43 'Units of development; DU=dwelling unit 2 See Table 2.t;.factor for Assisted Living Facilities based on a survey of existing facilities 3 Cost per capita;see Table 3.3 4 Impact fee per unit=population per unit X cost per capita Park Land Improvement Impact Fees (All Development). Table 3.6 shows the calculation of park improvement impact fees per unit of development by development type. Those fees are calculated using per-capita costs from Table 3.3 and average population per dwelling unit. April22, 2014 Colgan Consulting Corporation Page 3-6 P640 City of Rancho Cucamonga -Development Impact Fee Study Parks Table 3.6: Park Improvement Impact Fee per Unit(All Residential Development) Development Population Cost per Impact Fee Type Units' per Unit' Capita 3 per Unit 4 Residential,Single-Family(Detached) DU 3.45 $ 738.12 $ 2,546.53 Residential, Multi-Family(Attached) DU 2.35 $ 738.12 $ 1,734.59 Assisted Living Facility DU 1.10 $ 738.12 $ 811.94 'Units of development; DU=dwelling unit 2 See Table 2.1;factor for Assisted Living Facilities based on a survey of existing facilities 3 Cost per capita;see Table 3.3 4 Impact fee per unit=population per unit X cost per capita Projected Revenue Estimating potential revenue from the park land acquisition and improvement fees is compli- cated by the fact that there is no way of accurately projecting how much future residential development will involve subdivisions. Since the fees differ for subdivisions and non- subdivision projects,the ultimate mix will affect fee revenue. The revenue to buildout projected in Table 3.7 assumes that 6o% of future residential devel- opment will occur in subdivisions, and that future development will occur as anticipated in the City's current General Plan. No revenue is projected for Assisted Living Facilities because that type of development would displace other development in the Residential, Multi-Family (Attached)category. Table 3.7: Projected Revenue- Park In-Lieu Fees and Park Impact Fees Development Dev Avg Fee Future Projected Type Units' per Unit' Units 3 Revenue 4 Residential,Single-Family(Detached) DU $ 7,414.40 3,305 $ 24,504,580 Residential,Multi-Family(Attached) DU $ 5,050.39 1,109 $ 5,600,878 Total - $ 30,105,458 'Units of development; DU=dwelling unit 'Average fee per unit of development assumes that 6o%of future residential development will occur in subdivisions 3 See Table 2.3 4 Projected revenue =average fee per unit X future units The fees calculated in this chapter are based on estimated current land and improvement costs. This study assumes that the projects covered by park in-lieu fees and park impact fees will be funded on a pay-as-you-go basis, so no financing costs are included. To maintain pari- ty between impact fees and land and improvement costs, the impact fees must be adjusted periodically to reflect changes in price levels. April22, 2014 Colgan Consulting Corporation Page 3-7 P641 City of Rancho Cucamonga-Development Impact Fee Study Parks A common practice is to adjust impact fees annually. Improvement costs can be adjusted using an index such as the Engineering News Record Building Cost Index. Adjustments to land costs should be based on local cost data. See the Implementation Chapter for more on in- dexing of fees. April22, 2019 Colgan Consulting Corporation Page 3-8 P642 City of Rancho Cucamonga-Development Impact Fee Study Community/and Recreation Centers Chapter 4 Community and Recreation Center Impact Fees This chapter calculates impact fees for community and recreation centers needed to serve future development in the City. The City of Rancho Cucamonga has a number of existing community and recreation centers, as well as the Victoria Gardens Cultural Center, which is included in this analysis. Libraries, including the Paul A. Biane Library which is a part of the Victoria Gardens Cultural Center, are addressed separately in Chapter 5 of this report. The community and recreation center impact fees calculated in this chapter are based on the relationship between the City's existing population and the replacement cost of existing community center, recreation center, and cultural center facilities. Service Area Rancho Cucamonga's community and recreation centers serve the entire City, so the com- munity and recreation center impact fees are calculated for a single service area encompass- ing the entire City. Demand Variable A "demand variable" is some quantifiable attribute of development that can be used in fee calculation formulas to represent the impact of development on a particular type of public facility. The demand variable used to calculate impact fees for community and recreation centers is added population. The value of a demand variable can differ by development type, so each type of development has its own "demand factor." Since population is a function of residential development, the fees calculated in this chapter apply only to residential development, and the demand factor for each type of residential development is the average population per unit for that type. • Population is used as the demand variable for these fees because the need for community and recreation centers is normally defined in terms of population. Although these facilities may be used by non-residents or businesses located in the City, such use is considered inci- dental. Since planning for these facilities is based on the needs of the resident population, added population is used in this chapter to measure the impact of development on the need for community and recreation center facilities. Level of Service The City has not adopted a formal level of service standard for community and recreation centers. Since some facilities such as the Family Sports Center and the Lewis Family Play- house at the Victoria Gardens Cultural Center are one-of-a-kind, a ratio of facility square foot- age to population would not reflect differences in cost for individual facilities. Consequently, April22, 2074 Colgan Consulting Corporation Page 4-1 • P643 City of Rancho Cucamonga-Development Impact Fee Study Community and Recreation Centers the level of service standard used to calculate impact fees in this chapter is the existing ratio of facility replacement cost to population. Table 4.1 lists the City's existing community and recreation centers and their estimated re- placement cost. Table 4.1:Existing Community and Recreation Centers Replacement Cost Facility Site Land Site Building Bldg Cost Building Facility Name Acres Value/Ac' Value Sq.Feet per Sq Ft Repl Costs Repl Costs Lion's Center West 0.24 $505,000 5 121,200 11,400 $ 371.00 $ 4,229,400 $ 4,350,600 Lion's Center East 0.37 $505,000 $ 186,850 11,384 5 371.00 $ 4,223,464 5 4,410,314 RC Family Sports Center 1.47 $505,000 5 742,350 32,000 $ 371.00 $ 11,872,000 $ 12,614,350 Lewis/Brulte Community/Sr.Ctr. Located in Central Park 57,000 $ 371.00 $ 21,147,000 $ 21,147,000 Heritage Park Equestrian Center 10.00 $505,00o $ 5,050,000 3,045 $ 371.00 $ 1,129,695 $ 6,179,695 Victoria Gardens Cultural Center 9.50 $505,000 5 4,797,500 67,584 $ 5o6.00 $ 34,197,504 $ 38,995,004 Total $10,897,900 182,413 $ 76,799,063 $ 87,696,963 'Estimated land value per acre based on 2010 residential land cost estimates for the Housing Element of the General Plan 'Existing site value=site acres X land value per acre 3 Building square footage provided by the City of Rancho Cucamonga Community Services Department 4 Building replacement cost per square foot estimated by the City of Rancho Cucamonga Community Services Department s Building replacement cost=building square feet X building cost per square foot 6 Facility replacement cost=site value+building replacement cost Methodology This chapter calculates impact fees using the standard-based method discussed in Chapter 1. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development. In this case, the standard is the average facility replacement cost per capita, which is calcu- lated in Table 4.2, below. That cost per capita will be applied to future population to com- pute impact fees per unit. This approach is used so that the community and recreation cen- ter impact fees paid by new development are based on the same level of service currently provided to the existing residents of the City. Facility Needs Because the method used to calculate impact fees in this section is standard-based rather than plan-based, those calculations are not dependent on a list of specific future improve- ments. The impact fees calculated in this chapter are based on the cost of maintaining the existing level of service for community and recreation center facilities as additional develop- ment occurs. Revenue from those impact fees may be used for but shall not be limited to the following: land acquisition and site improvements (landscape, hardscape, parking areas, perimeter street), building construction/expansion, interior building improvements, furniture, fixtures and equipment(including but not limited to carpet, desk, blinds,tables, chairs, shelving, cab- inets, communication systems, electronic equipment) exercise, sports and play equipment, special needs equipment,technical centers, aquatic facilities, and transportation facilities). April22,2079 Colgan Consulting Corporation Page 4-2 P644 City of Rancho Cucamonga—Development impact Fee Study Communityand Recreation Centers Per-Capita Cost Table 4.2 calculates the replacement cost per capita for community and recreation center facilities. The per-capita cost is calculated using the replacement costs from Table 4.1 and the existing population of the City from Table 2.2. Table 4.2:Community/Recreation Centers-Replacement Cost per Capita Facility Current Existing Repl Cost Type Repl Cost' Population' per Capita 3 Community/Rec Centers $87,696,963 174,163 $503.53 See Table 4.1 2 See Table 2.2 3 Replacement cost per capita =existing replacement cost/existing population In the next section,the replacement cost per-capita from Table 4.2 is used to calculate com- munity and recreation center impact fees per unit of development by development type. Impact Fees per Unit Table 4.3 shows the calculation of community and recreation center impact fees per unit of development by development type. Those fees are calculated using the facility replacement cost per capita from Table 4.2 and average population per dwelling unitfrom Table 2.1. Note on Fees for Assisted Living Facilities. The impact fees shown in Table 4.3 include fees for assisted living facilities. Assisted living is not one of the basic development types used in this report. However, assisted living facilities are allowed in some residential zoning districts with a conditional use permit, and residents of those facilities do make use of community and recreation facilities. Impact fees for this type of development are based on a population-per- dwelling-unit factor specific to such facilities. That factor was estimated using data from a telephone survey of existing assisted living facilities in the City conducted by Colgan Consult- ing. Impact fees for other specialized development types could be calculated in the same way if the need arises. Table 4.3: Community and Recreation Centers-Impact Fees per Unit Development Population Cost per Impact Fee Type Units' per Unit' Capita per Unit' Residential,Single-Family(Detached) DU 3.45 $503.53 $ 1,737.19 Residential,Multi-Family(Attached) DU 2.35 $503.53 $ 1,183.30 Assisted Living Facility DU 1.10 $503.53 $ 553.89 'Units of development;DU=dwelling unit 'See Table 2.1 3 Cost per capita;see Table 4.2 4 Impact fee per unit=population per unit X cost per capita April 22,2014 Colgan Consulting Corporation Page 4-3 P645 City of Rancho Cucamonga—Development Impact Fee Study Comm unityand Recmation Centers Projected Revenue Potential revenue from the community and recreation center impact fees can be estimated by applying the fees per unit from Table 4.3 to forecasted future units from Table 2.3. Be- cause population is used as the demand variable in calculating these impact fees,and popula- tion is a function of residential development,the fees apply only to residential development. Table 4.4 shows the projected revenue to buildout from the community and recreation cen- ter impact fees calculated in this chapter. This projection assumes that future development occurs as anticipated in the City's current General Plan. No revenue is projected for Assisted Living Facilities because that type of development would displace other development in the Residential, Multi-Family(Attached)category. Table 4.4: Projected Revenue-Community/Recreation Center Impact Fees Development Dev Impact Fee Future Projected Type Units' per Unit' Units 3 Revenue' Residential,Single-Family(Detached) DU $ 1,737.19 3,305 $ 5,741,419 Residential,Multi-Family(Attached) DU $ 1,183.30 1,709 $ 1,312,285 Total $ 7,053,703 • 'Units of development; DU=dwelling unit 2 Impact fee per unit of development;see Table 4.3 3 Future units;see Table 2.3 4 Projected revenue =impact fee per unit X future units The fees calculated in this chapter are based on estimated current replacement costs for ex- isting community and recreation center facilities. This study assumes that the projects cov- ered by the community and recreation center impact fees will be funded on a pay-as-you-go basis, so no financing costs are included. To maintain parity between impact fees and asset replacement costs,the impact fees should be adjusted periodically to reflect changes in price levels. A common practice is to adjust impact fees annually. Improvement costs can be adjusted using an index such as the Engineering News Record Building Cost Index. Adjustments to land costs should be based on local cost data. See the Implementation Chapter for more on in- dexing of fees. April22, 2074 Colgan Consulting Corporation Page 4-4 P646 City of Rancho Cucamonga-Development lmpad Fee Study Libraries Chapter 5 Library Impact Fees This chapter calculates impact fees for library facilities and materials needed to serve future development in the City. The City of Rancho Cucamonga has two existing libraries, the Archibald Library and the Paul A. Biane Library which is part of the Victoria Gardens Cultural Center. The Paul A. Biane Li- brary includes space for future expansion, and the City will assess the need for a third library in the future. The library impact fees calculated in this chapter are based on the relationship between the City's existing population and the replacement cost of existing library facilities and materials. Service Area Rancho Cucamonga's public libraries comprise a system that serves the entire City, so the library impact fees are calculated for a single service area encompassing the entire City. Demand Variable A "demand variable" is some quantifiable attribute of development that can be used in fee calculation formulas to represent the impact of development on a particular type of public facility. The demand variable used to calculate impact fees for libraries is added population. The value of a demand variable can differ by development type, so each type of development has its own"demand factor." Since population is a function of residential development, the fees calculated in this chapter apply only to residential development, and the demand factor for each type of residential development is the average population per unit for that type. Population is used as the demand variable for these fees because the need for libraries is normally defined in terms of population. Although these facilities may be used by non- residents or businesses located in the City, such use is considered incidental. Since planning for these facilities is based on the needs of the resident population,added population is used in this chapter to measure the impact of development on the need for libraries Level of Service It common practice to calculate library impact fees using a square feet-per-capita standard for library facilities and an items-per-capita standard for library materials. That approach is not used here because the City's Paul A. Biane Library includes a large area of unfinished ex- pansion space. That shell space is an existing library asset, but if it were included in a square footage standard, it would overstate the City's currently usable library space. And if it were excluded, it would understate the City's existing investment in library facilities. April22, 2014 Colgan Consulting Corporation Page 5-1 • P647 City of Rancho Cucamonga—Development lmpad Fee Study Libraries To resolve that issue, this study uses replacement cost instead of square footage to deter- mine the existing level of service used to calculate impact fees for library facilities. The same approach is used for library materials. Table 5.1 lists the City's existing libraries and their estimated replacement cost, including the unfinished space in the Paul A. Biane Library. Table 5.1: Existing Library Facilities Library Site Site Building Bldg Cost Building Facility Name Acres Value Sq.Feet' per Sq Ft 3 Repl Cost° Repl Cost 5 Paul A.Biane Library 1.35 $ 387,750 26,813 $ 430.37 $ 11,539,462 $ 11,927,212 Paul A.Biane Library(shell space) 0.00 $ 0 15,500 $ 200.00 $ 3,100,000 $ 3,100,000 Archibald Library 1.67 $ 843,350 22,500 $ 350.00 $ 7,875,000 $ 8,718,350 Total 64,813 $ 23,745,562 'Site value for the Paul A. Biane Library site from the original development program;site value for the Archibald Library based on$5o5,000 per acre estimate from the 2010 General Plan Housing Element 'Building square footage provided by the City of Rancho Cucamonga Library Services Department 3 Building cost per square foot for Paul A.Biane Library is actual cost;cost per square foot for other facilities estimated by the City of Rancho Cucamonga Library Services Department Building replacement cost=building square feet X building cost per square foot s Facility replacement cost=site value+building replacement cost Table 5.2 shows the number of items in the Rancho Cucamonga Public Library collection,the average replacement cost per item, and the total replacement cost for the entire collection. Table 5.2: Existing Library Materials Number Avg Repl Cost Repl Cost of of Items' per Item' Existing Items 3 298,985 $18.00 $5,381,730.00 From Rancho Cucamonga Public Library 2012-2013 Collection Inventory 'Estimated by the Rancho Cucamonga Library Services Department 3 Replacement cost of existing library materials= number of items X average cost per item Methodology This chapter calculates impact fees using the standard-based method discussed in Chapter 1. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development. In this case, the standard is the average replacement cost per capita from Table 5.3. That cost per capita will be applied to future population to compute impact fees per unit. This approach is used so that the library impact fees paid by new development are based on the same level of service currently provided to the existing residents of the City. April22,2014 Colgan Consulting Corporation Page 5-2 P648 City of Rancho Cucamonga—Development Impact Fee Study Libraries Facility Needs Because the method used to calculate impact fees in this section is standard-based rather than plan-based, those calculations are not dependent on a list of specific future improve- ments. The most likely use of the library impact fees collected by the City will be to build out the unfinished expansion area that exists in the Paul A. Biane Library. The impact fees calculated in this chapter are based on the cost of maintaining the existing level of service for libraries as additional development occurs. Revenue from those impact fees may be used for but shall not be limited to the following: land acquisition and site improvements (landscape, hardscape, parking areas, perimeter street), building construction/expansion, interior building improvements, furniture fixtures and equipment (including but not limited to carpet, desks, blinds, tables, chairs, shelving, cabinets, communication systems, electronic equipment), library materials, (including but not limited to books, magazines, audio and video materials) theater facilities, special needs equipment/facilities, technical centers, and special activities facilities. Per-Capita Cost Table 5.3 shows the replacement cost per capita for library facilities and library materials. The per-capita costs are calculated using the replacement costs from Tables 5.1 and 5.2, and the existing population of the City from Table 2.2. Table 5.3: Library Facilities and Materials -Replacement Cost per Capita Current Existing Repl Cost Percent by Component Repl Cost' Population per Capita 3 Component 4 Library Facilities $23,745,562 174,163 $ 136.34 81.52% Library Materials $5,381,730 174,163 $ 30.90 18.48% $29,127,292 174,163 $ 167.24 1oo.00% 'See Table 3.1 'See Table 2.2 Replacement cost per capita=current replacement cost/existing population 4 Percentage of total replacement cost by component;this percentage should be used to split fee revenue into separate accounts for tracking and expenditure In the next section, the per-capita costs from Table 5.3 are used to calculate library impact fees per unit of development by development type. Impact Fees per Unit Table 5.4 on the next page shows the calculation of library impact fees per unit of develop- ment by development type. Those fees are calculated using the per-capita costs for library facilities and materials from Table 5.3 and average population per dwelling unit from Table 2.1. April22, 2014 Colgan Consulting Corporation Page 5-3 P649 City of Rancho Cucamonga-Development Impact Fee Study Libraries Note on Fees for Assisted Living Facilities. The impact fees shown in Table 5.4 include fees for assisted living facilities. Assisted living is not one of the basic development types used in this report. However, assisted living facilities are allowed in some residential zoning districts with a conditional use permit, and residents of those facilities do make use of community and recreation facilities. Impact fees for this type of development are based on a population-per- dwelling-unit factor specific to such facilities. That factor was estimated using data from a telephone survey of existing assisted living facilities in the City conducted by Colgan Consult- ing. Impact fees for other specialized development types could be calculated in the same way if the need arises. Table 5.4: Library Impact Fees per Unit of Development Development Dev Population Cost per Impact Fee Type Units' per Unit' Capita 3 per Unit 4 Residential,Single-Family(Detached) DU 3.45 $ 167.24 $ 576.98 Residential,Multi-Family(Attached) DU 2.35 $ 167.24 $ 393.02 Assisted Living Facilities DU 1.10 $ 167.24 $ 183.97 'Units of development; DU=dwelling unit 'See Table 2.1 3 Cost per capita;see Table 5.3 4 Impact fee per unit=population per unit X cost per capita Projected Revenue Potential revenue from the library impact fees can be estimated by applying the fees per unit from Table 5.4 to forecasted future units from Table 2.3. Because population is used as the demand variable in calculating these impact fees, and population is a function of residential development,the fees apply only to residential development. Table 5.5 on the next page shows the projected revenue to buildout from the library impact fees calculated in this chapter. This projection assumes that future development occurs as anticipated in the City's current General Plan. No revenue is projected for Assisted Living Fa- cilities because that type of development would displace other development in the Residen- tial, Multi-Family(Attached)category. April22, 2014 Colgan Consulting Corporation Page 5-4 P650 City of Rancho Cucamonga-Development impact Fee Study Libraries Table 5.5: Projected Revenue-Library Impact Fees Development Dev Impact Fee Future Projected Type Units' per Unit Units 3 Revenue 4 Residential,Single-Family(Detached) DU $ 576.98 3,305 $ 1,906,930 Residential, Multi-Family(Attached) DU $ 393.02 1,109 $ 435,857 Total $ 2,342,787 'Units of development; DU=dwelling unit;Occ=occupant Impact fee per unit of development;see Table 5.4 3 Future units;see Table 2.3 4 Projected revenue =impact fee per unit X future units The fees calculated in this chapter are based on estimated current replacement costs for ex- isting library facilities and materials. This study assumes that the projects covered by library impact fees will be funded on a pay-as-you-go basis, so no financing costs are included. To maintain parity between impact fees and asset replacement costs, the impact fees should be adjusted periodically to reflect changes in price levels. A common practice is to adjust impact fees annually. Facility construction costs can be ad- justed using an index such as the Engineering News Record Building Cost Index. Adjustments to land costs should be based on local cost data. See the Implementation Chapter for more on indexing of fees. Apri/22, 2074 Colgan Consulting Corporation Page 5-5 P651 City of Rancho Cucamonga—Development/mpad Fee Study Animal Center Chapter 6 • Animal Center Impact Fees This chapter calculates impact fees for additional animal center facilities needed to serve fu- ture development in the City. The City's existing Animal Center is at capacity and additional space will be needed for the growing demand imposed by future development. The Animal Center impact fees calculated in this chapter are based on the relationship be- tween the City's existing population and the replacement cost of the existing Animal Center. Service Area Rancho Cucamonga's Animal Center serves the entire City, so the Animal Center impact fees are calculated for a single service area encompassing the entire City. Demand Variable The need for Animal Center facilities cannot be related directly to development. However, it is reasonable to assume that the demand for Animal Center facilities depends on the number of pets owned by City residents, which is clearly related to population. Consequently, added population will be used to measure the impact of development on the need for additional Animal Center facilities. It should be noted that because population is a function of residential development,the fees calculated in this chapter apply only to residential development Level of Service The City has not adopted a formal level of service standard for animal center facilities. Con- sequently, the level of service standard used to calculate impact fees in this chapter is the existing ratio of facility replacement cost to population. Table 6.1 shows the estimated replacement cost for the City's existing Animal Center. Table 6.1:Existing Animal Shelter Replacement Cost Site Land Site Building Bldg Cost Building Facility Acres Value/Ac Value 2 Sq. Feet 2 per Sq Ft 3 Repl Cost 4 Repl Cost 5 1.60 $ 505,000 $ 8o8,000 12,148 $ 450.00 $ 5,466,600 $ 6,274,600 'Land value per acre based on estimates in the 2010 General Plan Housing Element 2 Existing site value=site acres X land value per acre 3 Building square footage provided by the City of Rancho Cucamonga Engineering Services Dept. 4 Building cost per sq.ft.based on a similar facility built in the City of Moreno Valley in 2000 5 Building replacement cost=building square feet X building cost per square foot 6 Facility replacement cost=site value+building replacement cost April22, 2014 Colgan Consulting Corporation Page 6-1 P652 City of Rancho Cucamonga—Development impact Fee Study Anima/Center Methodology This chapter calculates impact fees using the standard-based method discussed in Chapter 1. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development. In this case, the standard is the average replacement cost per capita for the existing Animal Center, which is calculated in Table 6.2, below. That cost per capita will be applied to future population to compute impact fees per unit. This approach is used so that the Animal Center impact fees paid by new development are based on the same level of service currently pro- vided to the existing residents of the City. Faci I ity Needs Because the method used to calculate impact fees in this section is standard-based rather than plan-based, those calculations are not dependent on the details of specific future im- provements. The Animal Services department is in the early stages of planning for its future facility needs. It has not yet been determined whether additional Animal Center space will be provided by expanding the existing facility or by constructing a second facility in a different location. The impact fees calculated in this chapter are based on the cost of maintaining the existing level of service for animal center facilities as additional development occurs. Revenue from those impact fees may be used for but shall not be limited to the following: land acquisition and site improvements (landscape, hardscape, parking areas, perimeter street), building construction/expansion, interior building improvements, furniture fixtures and equipment (including but not limited to carpet, desks, blinds, tables, chairs, shelving, cabinets, counters, communication systems, electronic equipment), special needs equip- ment/facilities, veterinarian equipment/facilities, transportation facilities, kennel facilities, outdoor dog runs and play areas) Per-Capita Cost Table 6.2 shows the replacement cost per the existing Animal Center. The per-capita cost is calculated using the replacement cost from Table 6.i and the existing population of the City from Table 2.2. Table 6.z:Animal Shelter-Replacement Cost per Capita Current Existing Repl Cost Repl Cost Population' per Capita 3 $6,274,600 174,163 $36.03 See Table 6.i 2 See Table 2.2 3 Replacement cost per capita =existing replacement cost/ existing population April 22, 2014 Colgan Consulting Corporation Page 6-2 P653 City o1 Rancho Cucamonga—Development Impact Fee Study Animal Center In the next section, the per-capita cost from Table 6.2 is used to calculate Animal Center im- pact fees per unit of development by development type. Impact Fees per Unit Table 6.3 calculates Animal Center impact fees per unit of development by development type. Those fees are calculated using the per-capita cost of existing facilities from Table 6.2 and average population per dwelling unit from Table 2.1. Table 6.3:Animal Shelter-Impact Fees per Unit Development Population Cost per Impact Fee Type Units per Unit' Capita 3 per Unit° Residential,Single-Family(Detached) DU 3.45 $36.03 $ 124.29 Residential, Multi-Family(Attached) DU 2.35 $ 36.03 $ 84.66 Units of development; DU =dwelling unit 'See Table 2.1 3 Cost per capita;see Table 6.2 'Impact fee per unit=population per unit X cost per capita Projected Revenue Potential revenue from the Animal Center impact fees can be estimated by applying the fees per unit from Table 6.3 to forecasted future units from Table 2.3. Because population is used as the demand variable in calculating these impact fees, and population is a function of resi- dential development,the fees apply only to residential development. Table 6.4 shows the projected revenue to buildout from the Animal Center impact fees calcu- lated in this chapter. This projection assumes that future development occurs as anticipated in the City's current General Plan. Table 6.4: Projected Revenue-Animal Shelter Impact Fees Development Dev Impact Fee Future Projected Type Units' per Unit Units 3 Revenue 4 Residential,Single-Family(Detached) DU $ 124.29 3,305 $ 410,791 Residential,Multi-Family(Attached) DU $ 84.66 1,109 $ 93,892 Total $ 504,683 Units of development; DU =dwelling unit ' Impact fee per unit of development;see Table 6.3 3 Future units;see Table 2.3 4 Projected revenue =impact fee per unit X future units April22, 2014 Colgan Consulting Corporation Page 6-3 P654 City of Rancho Cucamonga-Development Impact Fee Study Animal Center The fees calculated in this chapter are based on estimated current replacement costs for the existing Animal Center. This study assumes that the projects covered by the animal shelter impact fees will be funded on a pay-as-you-go basis, so no financing costs are included. To maintain parity between impact fees and asset replacement costs, the impact fees should be adjusted periodically to reflect changes in price levels. A common practice is to adjust impact fees annually. Facility construction costs can be ad- justed using an index such as the Engineering News Record Building Cost Index. Adjustments to land costs should be based on local cost data. See the Implementation Chapter for more on indexing of fees. • April22, 2014 Colgan Consulting Corporation Page 6-4 P655 City of Rancho Cucamonga-Development Impact Fee Study Police Chapter 7 Police Impact Fees This chapter calculates impact fees for police facilities needed to serve future development in the City. The City's existing police facility is at capacity and additional space will be needed to serve the growing demand imposed by future development. The impact fees calculated in this chapter for police facilities are based on the existing rela- tionship between the Police Department calls for service per year generated by existing de- velopment and the replacement cost of the department's existing facilities. Service Area Rancho Cucamonga's Police Department serves the entire City, so the police impact fees are calculated for a single service area encompassing the entire City. Demand Variable A "demand variable" is some quantifiable attribute of development that can be used in fee calculation formulas to represent the impact of development on a particular type of public facility. The demand variable used to calculate impact fees for police facilities and equipment is added calls for service per year. The value of a demand variable can differ by development type, so each type of development has its own"demand factor." The demand factor for each type of development in this chap- ter is the average number of calls for service per unit per year for that type. The best available measure of demand for police services in Rancho Cucamonga is the num- ber of calls for service logged by the Police Department each year. In 2012, the department logged 139,696 calls. As part of this study, Colgan Consulting and the Rancho Cucamonga Planning Department analyzed a random sample of 699(i of each zoo) 2012 calls to establish the distribution of those calls by development type. Given the sheer volume of calls, it was not possible to analyze all of the calls received, but the sample used in the analysis provided a 4%margin of error at the 95%confidence level. (See additional discussion in Chapter 2.) In the analysis, the Planning Department classified each sampled call location by develop- ment fype. Then Colgan Consulting determined the percentage of sampled calls associated with each development type and applied those percentages to the total volume of calls for 2012 to estimate the number of annual calls generated by each type of development. Finally, the number of calls was divided by the number of existing units for each type of develop- ment to arrive at a factor representing the average number of calls per unit per year. As discussed in Chapter 2, some sampled calls were excluded from the distribution analysis. The excluded calls were traffic stops, information calls, and any call for which a location could not be determined or a specific land use type could not be identified. The calls-per-unit-per-year factors resulting from the distribution analysis are shown in Table 7.1. Table 7.1 also shows that 12.7%of the analyzed calls were associated with public facilities April22, 2014 Colgan Consulting Corporation Page 7-1 P656 City of Rancho Cucamonga—Development Impact Fee Study Police or other public uses. This study does not calculate impact fees for public facilities because those fees would not provide revenue to the City. However, it is important to point out that the method used to calculate impact fees in this chapter excludes costs associated with po- lice services provided to public facilities. Table 7.1:Distribution of Police Calls for Service by Development Type Development %of 2012 2012 Calls Existing Calls per Unit Type Calls for Service Units3 per Year Residential, Single-Family(Detached) 31.8% 44,449 35,610 1.25 Residential, Multi-Family(Attached) 22.1% 30,883 21,833 1.41 Commercial/Retail 21.7% 30,306 7,870 3.85 Office 2.5% 3,464 3,900 0.89 Industrial 8.9% 12,411 37,100 0.33 Hotel/Motel 0.3% 446 944 0.47 Subtotal Private Development 87.3% 121,958 N/A N/A Public Facilities 12.7% 17,738 N/A N/A Total 100.0% 139,696 • 'Distribution of 2012 calls for service as a percentage of total calls,based on analysis of a random sample of those calls;see discussion in Chapter 2 2 2012 calls for service by development type =total 2012 calls for service X%of 2012 calls 3 See Table 2.2 Calls per unit per year=2012 calls for service/existing units Level of Service The level of service standards normally applied to police departments, such as sworn officers per thousand residents, are not useful in calculating impact fees. The level of service stand- ard used in this analysis is the existing relationship between service demand, as measured by calls for service per year, and the replacement value of facilities and equipment used by the Police Department to provide that service. Table 7.2 shows the estimated replacement cost for the City's existing Public Safety Building. The cost estimate uses the actual cost of a re- cent 10,000 square foot third floor addition ($821.00 per sq. ft.) and the estimated replace- ment cost for the original 25,000 square foot building($450.00 per sq.ft.). Table 7.2:Existing Police Facilities Facility Building Est Repl Cost Building Name Sq. Feet' per Sq Ft 2 Repl Cost 3 Existing Public Safety Building 35,000 $550.00 $19,250,000 'Area of existing public safety building in gross square feet Estimated average replacement cost per square foot 3 Estimated building replacement cost=building square feet X cost per square foot Apri722, 2014 Colgan Consulting Corporation Page 7-2 P657 City of Rancho Cucamonga-Development Impact Fee Study Police Methodology This chapter calculates impact fees using the standard-based method discussed in Chapter 1. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for each unit of development. In this case, the standard is the average replacement cost per call for service per year, which is calculated in Table 7.4, on the next page. That cost per call, and the calls-per-unit-per-year factors from Table 7.1 are used to calculate impact fees for each type of development. This approach is used so that the police impact fees paid by new development are based on the same level of service currently provided to the existing residents of the City. Facility Needs The Rancho Cucamonga Police Department's primary facility is the Public Safety Building lo- cated in the Civic Center Complex. A satellite station in the Victoria Gardens Mall is not treat- ed as an existing facility in this analysis because it is not owned by the City. However, as de- scribed in the Public Health and Safety Element of the General Plan, the City does intend to construct another police facility in the Northeastern portion of the City in the future. The impact fees calculated in this chapter are based on the cost of maintaining the existing level of service for police facilities as additional development occurs. Revenue from those impact fees may be used for, but shall not be limited to the following types of Police facility improvements: land acquisition and improvements (landscape, hard- scape, parking areas, perimeter street), building construction, fumiture fixtures and equip- ment (including but not limited to carpet, desks, blinds, tables, chairs, shelving, cabinets, communication systems, electronic equipment, exercise equipment, special needs equip- ment),technical centers and transportation facilities . Cost per Call for Service Table 7.3 calculates the average cost per call for service per year using costs from Table 7.2 and total 2012 calls for service from Table 7.1. Table 7.3:Average Facility Cost per Call for Service per Year Cost Estimated 2012 Calls Avg Cost per Component Repl Cost I for Service 2 Call for Service 3 Existing Public Safety Bldg $19,250,000 139,696 $137.80 ' See Table 7.2 2 See Table 7.1 3 Average cost per call for service per year In the next section, the per-capita cost from Table 7.3 is used to calculate police impact fees per unit of development by development type. April22, 2014 Colgan Consulting Corporation Page 7-3 P658 City of Rancho Cucamonga—Development Impact Fee Study Po/ice Impact Fees per Unit Table 7.4 shows the calculation of police impact fees per unit of development by develop- ment type. Those fees are calculated using the average cost per call for service from Table 7.3 and the calls-per-unit factors from Table 7.1. Note on Fees for Assisted Living Facilities. The impact fees shown in Table 7.4 include fees for assisted living facilities. Assisted living is not one of the basic development types used in this report. However, assisted living facilities are allowed in some residential zoning districts with a conditional use permit, and those facilities do generate demand for police services. Impact fees for this type of development are based on a calls-per-unit factor specific to such facilities. That factor was estimated using location-specific data from the calls-for-service database. Impact fees for other specialized development types could be calculated in the same way if the need arises. Table 7.4:Police Impact Fees per Unit of Development Development Avg Cost per Avg Calls Impact Fee Type Units' Call for Service 2 per Unit per Unit Residential,Single-Family(Detached) DU $137.80 1.25 $ 172.0o Residential, Multi-Family(Attached) DU $137.80 1.41 $ 194.92 Assisted Living Facilities DU $137.80 0.30 $ 41.34 Commercial/Retail KSF $137.80 3.85 $ 530.67 Office KSF $137.80 0.89 $ 122.38 Industrial KSF $137.80 0.33 $ 46.10 Hotel/Motel Room $137.80 0.47 S 65.10 Units of development; DU=dwelling unit; KSF=1,00o gross square feet of building area Room=single guest room or suite 'See Table 7.3 3 See Table 7.1 4 Impact fee per unit=average cost per call for service X average calls per unit Projected Revenue Potential revenue from the police impact fees can be estimated by applying the fees per unit from Table 7.4 to forecasted future units from Table 2.3. Table 7.5 on the next page shows the projected revenue to buildout from the police impact fees calculated in this chapter. This projection assumes that future development occurs as anticipated in the City's current General Plan. No revenue is projected for Assisted Living Fa- cilities because that type of development would displace other development in the Residen- tial, Multi-Family(Attached)category. April 22, 2014 Colgan Consulting Corporation Page 7-4 • P659 City of Rancho Cucamonga-Development Impact Fee Study _ Police Table 7.5:Projected Revenue-Police Impact Fees Development Dev Impact Fee Future Projected Type Units' per Unit 2 Units 3 Revenue 4 Residential,Single-Family(Detached) DU $ 172.00 3,305 $ 568,467 Residential,Multi-Family(Attached) DU $ 194.92 1,109 $ 216,166 Commercial/Retail KSF $ 530.67 11,341 $ 6,018,187 Office KSF $ 122.38 5,238 $ 641,014 Industrial KSF $ 46.10 27,259 $ 1,256,579 Hotel/Motel Room $ 65.10 320 $ 20,833 Total $ 8,721,247 'Units of development; DU=dwelling unit; KSF=1,000 gross square feet of building area Room= single guest room or suite 2 Impact fee per unit of development; see Table 7.4 3 Future units;see Table 23 4 Projected revenue =impact fee per unit X future units The fees calculated in this chapter are based on estimated current replacement costs for ex- isting Police Department facilities and equipment. This study assumes that the projects cov- ered by the police impact fees will be funded on a pay-as-you-go basis, so no financing costs are included. To maintain parity between impact fees and asset replacement costs, the im- pact fees should be adjusted periodically to reflect changes in price levels. A common practice is to adjust impact fees annually. Facility construction costs can be ad- justed using an index such as the Engineering News Record Building Cost Index. Adjustments to land and equipment costs should be based on local cost data. See the Implementation • Chapter for more on indexing of fees. April22, 2014 Colgan Consulting Corporation Page 7-5 P660 City of Rancho Cucamonga-Development Impact Fee Study Public Art Chapter 8 Public Art Fee Background As part of this study, Colgan Consulting was asked to assist the City in developing a public art program. Goal LU-14 of in the Rancho Cucamonga General Plan is to"support public art as an important amenity of a beautiful city." General Plan Policy LU-14.3 addresses development of a public art ordinance in the Development Code We don't recommend treating developer fees for public art as impact fees because it is diffi- cult to structure public art fees in a way that can be justified as impact fees. Cities that charge fees for public art typically treat them as in-lieu fees. That is, the choice to pay a fee is offered an alternative way of satisfying a requirement to include public art in a development project. Legally, a requirement to provide public art can established as a design standard, analogous to requiring a certain amount and quality of landscaping in a development project. As a prac- tical matter, the only way of defining the amount or quality of public art required of a devel- oper is by its monetary value. Consequently, most public art programs define their requirements in terms of the cost of the art to be provided as a percentage of the valuation of the development project. Building permit valuation is most often used as the cost basis in such programs. Considerations in Establishing a Public Art Fee Program Should the City Contribute to the Program? Some cities choose to invest a percentage of the value of new public buildings in public art. The percentage is often 1% (e.g., Pasadena), but can be higher(e.g., 1.5%in Emeryville and 2%in Sacramento and San Diego). What types of development should be subject to the fees? Many public art programs estab- lish a minimum size or value, below which development projects are exempt from the re- quirements of the program. Below are some examples of different ways those standards can be applied. For simplicity, some details have been omitted. The City of Brea requires that all development projects valued between $1,500,000 and $3,999,999 pay a "sculpture allocation"equal to 1%,of the project valuation into the public art fund. Projects valued at$4,000,000 or more must provide public sculpture on site. No public art requirement applies to projects valued at less than $1,500,0oo. In Culver City, new residential development of 5 or more units, and most commercial, indus- trial and public building projects valued at $5oo,000 or more, are subject to a public art re- quirement equal to 1% of the project valuation. That requirement can be met either by providing approved art on site or by paying a public art fee. Palm Springs and Palm Desert impose public art requirements equal to 0.25%of project valua- tion for residential development and o.5% for non-residential development. For individual residential units, the first$100,000 of valuation is exempt. April22, 2019 Colgan Consulting Corporation Page 8-1 P661 City of Rancho Cucamonga-Development Impact Fee Study Public Art In San Diego, new commercial or industrial development exceeding $5,000,000 of valuation must EITHER provide on-site art works valued at 1% of the project value, OR contribute 0.5% of the project value in cash to the City's public art fund. Residential development is exempt. These examples show a range of possibilities that can be considered by the City of Rancho Cucamonga in designing its public art fee program. Does the City want to encourage on-site provision of public art vs. payment of fees? The City could design a program that includes incentives either to include public art in a develop- ment project or to pay a public art fee. For example, the cost of complying with San Diego's public art requirement is 0.5% if the development contributes to the public art fund com- pared with 1% if the developer includes public art in the development project. Presumably, that differential encourages developers to contribute cash that the City can spend for public art of its choosing. To the extent that the program is geared toward collecting fees as opposed to requiring on- site public art within a development project,the City is faced with assuming responsibility for acquiring, owning, and maintaining public art. That is probably unavoidable in any case, un- less the program applies only to projects large enough to make on-site placement of art works feasible. What works of art will the City approve for this program? If the program allows developers the option of acquiring and placing public art, as opposed to paying in-lieu fees, the City would need a procedure for approving the works of art, or at least the artist. The City of Brea's Public Art Manual contains detailed guidelines for the types of art that are acceptable under that City's program. The manual addresses the size and type of art (three-dimensional sculpture, monumental in scale, constructed of durable, low-maintenance materials), as well as placement for visibility, safety and other considerations. It also establishes a process for reviewing the qualifications of a proposed artist. Brea's guidelines include detailed application forms for developers seeking approval of an art project, and standards to guide the review of those applications. Property owners must agree to be responsible for ongoing maintenance of public art placed on private property. What costs may be included in the value of an art work? The Brea Public Art Manual details which costs related to the acquisition and installation of art works will be considered in de- termining the value of the piece. How is a development project defined for purposes of the public art fee program? Since the requirement to provide public art in many cities is triggered by the number of units or the valuation of a development project, issues can arise when a project is submitted in phases or constructed in phases. Whether intentional or not, breaking a project into phases could have the effect of avoiding the public art requirement, whether the project-size is defined in terms of units or valuation. That is more of an issue when the minimum project size subject to the public art requirement is fairly large, as is the case in San Diego. Standards for projects subject to the public art fee program should be defined with a view to the types of development expected in the City. April22, 2074 Colgan Consulting Corporation Page 8-2 P662 City of Rancho Cucamonga-Development impact Fee Study Public Art Is the added cost imposed on development by the public art fee program at odds with other City priorities? The design of a public art program should consider potential conflicts with goals and policies such as housing affordability and economic development. Steps in Developing a Public Art Fee Program In developing a public art fee program, the City will need to make policy decisions in a num- ber of areas. Several relate to issues that were discussed in the previous sections. Below is a list of elements that should be addressed in designing a public art fee program for Rancho Cucamonga. • Determine the type/size of development projects to be subject to the program re- quirements (e.g., Does it apply to both residential and non-residential development? Are there exemptions for some types of development such as non-profits or afforda- ble housing? What is the minimum project size or valuation subject to the program requirements?) • Determine the amount of the fee or allocation as a percentage of project value (Does the allocation differ by project size or type?) • Determine how the program requirements can be met (e.g., by including art works • on site or by paying a fee,or by choosing between the two options) • Determine what types of art are acceptable when a developer commissions or ac- quires art to meet the program requirements • Establish a process for approving art to be commissioned or acquired by a developer • Establish a process for collecting public art fees from developers,when applicable • Provide for permanent ownership and long-term maintenance of public art on private property • Prepare a program manual (The City of Brea Art in Public Places Policy Manual is an excellent example) • Establish a Public Art review committee or assign responsibility to an existing board or committee. • Define an appeal process • Assign departmental responsibility for implementation of the program at the staff level • Develop policies and procedures for acquisition and placement of art works by the City with money collected from public art fees The list above is not necessarily exhaustive, but it outlines many of the decisions that must be made by the City in developing a public art program and ordinance. Unlike the establish- ment of an impact fee program which is govemed by to a large extent by legal constraints, a public art program involves many discretionary elements that are subject to local prefer- ences. April22,2014 Colgan Consulting Corporation Page 8-3 P663 City of Rancho Cucamonga-Development Impact Fee Study Implementation Chapter 9 Implementation This chapter of the report contains recommendations for adoption and administration of a development impact fee program based on this study, and for the interpretation and applica- tion of impact fees recommended herein. Statutory requirements for the adoption and administration of fees imposed as a condition of development approval are found in the Mitigation Fee Act (Government Code Sections 66000 et seq.). For implementation of fees in lieu of park land dedication, see the Quimby Act(Government Code Section 66477). Adoption The form in which development impact fees are enacted, whether by ordinance or resolu- tion, should be determined by the City Attomey. Ordinarily, it is desirable that specific fee amounts be set by resolution to facilitate periodic adjustments. Procedures for adoption of fees subject to the Mitigation Fee Act, including notice and public hearing requirements, are specified in Government Code Sections 66016 and 66018. It should be noted that Section 66018 refers to Government Code Section 6o62a, which requires that the public hearing no- tice be published at least twice during the 10-day notice period. Government Code Section 66017 provides that fees subject to the Mitigation Fee Act do not become effective until 60 days after final action by the governing body. Actions establishing or increasing fees subject to the Mitigation Act require certain findings, as set forth in Government Code Section 66001 and discussed below and in Chapter 1 of this report. Establishment of Fees. Pursuant to the Mitigation Fee Act (Section 66001(a)),when the City establishes fees to be imposed as a condition of development approval, it must make find- ings to: 1. Identify the purpose of the fee; 2. Identify the use of the fee;and 3. Determine how there is a reasonable relationship between: a. The use of the fee and the type of development project on which it is imposed; b. The need for the facility and the type of development project on which the fee is imposed Examples of findings that could be used for impact fees calculated in this study are shown below. The specific language of such findings should be reviewed and approved by the City Attorney. • April 22 2014 Colgan Consulting Corporation Page 9-1 P664 City of Rancho Cucamonga —Development Impact Fee Study Implementation Finding: Purpose of the Fee. The City Council finds that the purpose of the impact fees hereby enacted is to prevent new development from reducing the quality and availability of public services provided to residents of the City by requiring new de- velopment to contribute to the cost of additional capital assets needed to serve addi- tional development. Finding: Use of the Fee. The City Council finds that revenue from the impact fees hereby enacted will be used to construct public facilities and pay for other capital as- sets needed to serve new development. Those public facilities and other assets are identified in the 2013 Development Impact Fee Study prepared by Colgan Consulting Corporation.' Finding: Reasonable Relationship: Based on analysis presented in the 2013 Devel- opment Impact Fee Study prepared by Colgan Consulting Corporation, the City Coun- cil finds that there is a reasonable relationship between: a. The use of the fees and the types of development projects on which they are imposed;and, b. The need for facilities and the types of development projects on which the fees are imposed. Administration The California Mitigation Fee Act (Government Code Sections 66000 et seq.) mandates pro- cedures for administration of impact fee programs, including collection and accounting, re- porting, and refunds. References to code sections in the following paragraphs pertain to the California Government Code. Imposition of Fees. Pursuant to the Mitigation Fee Act(Section 66001(a)), when the City im- poses an impact fee upon a specific development project, it must make essentially the same findings adopted upon establishment of the fees to: 1. Identify the purpose of the fee; 2. Identify the use of the fee; and 3. Determine how there is a reasonable relationship between: a. The use of the fee and the type of development project on which it is imposed; b. The need for the facility and the type of development project on which the fee is imposed 'According to Gov't Code Section 6600i(a)(2),the use of the fee may be specified in a capital im- provement plan,the General Plan, or other public documents that identify the public facilities for which the fee is charged. The findings recommended here identify this impact fee study as the source of that information. April 22 2014 Colgan Consulting Corporation Page 9-2 P665 City of Rancho Cucamonga-Development Impact Fee Study Implementation Per Section 66001 (b), at the time when an impact fee is imposed on a specific development project, the City is also required to make a finding to determine how there is a reasonable relationship between: c. The amount of the fee and the facility cost attributable to the development project on which it is imposed. In addition, Section 66006 (f) provides that a local agency, at the time it imposes a fee for public improvements on a specific development project, "... shall identify the public im- provement that the fee will be used to finance." In this case, the fees will be used to finance public facilities, infrastructure, and other development-related capital expenditures identified in the 2013 Development Impact Fee Study prepared by Colgan Consulting Corporation. Section 66020 (d) CO requires that the City, at the time it imposes an impact fee provide a written statement of the amount of the fee and written notice of a go-day period during which the imposition of the fee can be protested. Failure to protest imposition of the fee during that period may deprive the fee payer of the right to subsequent legal challenge. Section 66022 (a) provides a separate procedure for challenging the establishment of an im- pact fee. Such challenges must be filed within 120 days of enactment. The City should develop procedures for imposing fees that satisfy those requirements for findings and notice. Collection of Fees. Section 66007 (a), provides that a local agency shall not require payment of fees by developers of residential projects prior to the date of final inspection, or issuance of a certificate of occupancy, whichever occurs first. However, "utility service fees" (not de- fined)may be collected upon application for utility service. In a residential development pro- ject of more than one dwelling unit, Section 66007 (a)allows the agency to choose to collect fees either for individual units or for phases upon final inspection, or for the entire project upon final inspection of the first dwelling unit completed. Section 66007 (b) provides two exceptions when the local agency may require the payment of fees from developers of residential projects at an earlier time: CO when the local agency determines that the fees"will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy" or(2)the fees are "to reimburse the local agency for expenditures previously made." Statutory restrictions on the time at which fees may be collected do not apply to non- residential development. In cases where the fees are not collected upon issuance of building permits, Sections 66007 (c)(1) and (2) provide that the city may require the property owner to execute a contract to pay the fee, and to record that contract as a lien against the property until the fees are paid. April 22 2074 Colgan Consulting Corporation Page 9-3 P666 City of Rancho Cucamonga-Development Impact Fee Study Implementation Earmarking and Expenditure of Fee Revenue. Section 66006 (a) mandates that fees be de- posited "with other fees for the improvement" in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments and expend those fees solely for the purpose for which the fee was collected. Section 66006 (a)also requires that interest earned on the fee revenues be placed in the capital account and used for the same purpose. The language of the law is not clear as to whether depositing fees "with other fees for the improvement" refers to a specific capital improvement or a class of improvements (e.g., street improvements). We are not aware of any city that has interpreted that language to mean that funds must be segregated by individual projects. As a practical matter, that approach is unworkable because it would mean that no pay-as- you-go project could be constructed until all benefiting development had paid the fees. Common practice is to maintain separate funds or accounts for impact fee revenues by facili- ty category (i.e., streets, park improvements), but not for individual projects. We recom- mend that approach. It is important that fee revenue be expended so as to provide a reasonable benefit to the development projects from which the fees are collected. Some fees in this report were cal- culated without knowing the specific locations of all facilities to be funded by the fees. The City should exercise caution in expending such fees to ensure that facilities are located in such as way as to serve the development projects from which the fees were collected. Impact Fee Exemptions, Reductions, and Waivers. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. If a project has characteristics that indicate its impacts on a particular public facility or infra- structure system will be significantly and permanently smaller than the average impact used to calculate impact fees in this study, the fees should be reduced accordingly. Per Section 66001 (b), there must be a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed. The fee reduction is required if the fee is not proportional to the impact of the development on relevant public facilities. In some cases,the City may desire to voluntarily waive or reduce impact fees that would oth- erwise apply to a project, as a way of promoting goals such as affordable housing or econom- ic development. Such a waiver or reduction may not result in increased costs to other devel- opment projects, and are allowable only if the City offsets the lost revenue from other fund sources. Credit for Improvements Provided by Developers. If the City requires a developer, as a con- dition of project approval, to dedicate land or construct facilities or improvements for which impact fees are charged, the impact fee imposed on that development project for that type of facility must be adjusted to reflect a credit for such dedication or construction. April 22 2014 Colgan Consulting Corporation Page 9-4 P667 City of Rancho Cucamonga -Development Impact Fee Study Implementation In the event that a developer voluntarily offers to dedicate land, or construct facilities or im- provements in lieu of paying impact fees, the City may accept or reject such offers, and may negotiate the terms under which such an offer would be accepted. Credit for Existing Development. If a project involves replacement, redevelopment or inten- sification of previously existing development, impact fees should be applied only to the por- tion of the project which represents a net increase in demand for relevant City facilities, ap- plying the measure of demand used in this study to calculate that particular impact fee. Reporting. Section 66006(b)CO requires that once each year,within i8o days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues: 1. A brief description of the type of fee in the account or fund; 2. The amount of the fee; 3. The beginning and ending balance of the account or fund; 4. The amount of the fees collected and interest earned; 5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees; 6. Identification of the approximate date by which the construction of a public im- provement will commence, if the City determines sufficient funds have been col- lected to complete financing of an incomplete public improvement; 7. A description of each inter-fund transfer or loan made from the account or fund, in- cluding interest rates, repayment dates,and a description of the improvement on which the transfer or loan will be expended; 8. The amount of any refunds or allocations made pursuant to Section 66001, para- graphs(e)and(f). That information must be reviewed by the City Council at its next regularly scheduled public meeting, but not less than 15 days after the statements are made public, per Section 66006 (b)(2). Refunds. Prior to 1996, a local agency collecting impact fees was required to expend or commit impact fee revenue within five years, or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways. Now, Section 66001 (d)requires that,for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all of the following findings for any fee revenue that remains unexpended,whether committed or uncommitted: April22 2014 Colgan Consulting Corporation Page 9-5 P668 • City ol Rancho Cucamonga -Development Impact Fee Study Implementation 1. Identify the purpose to which the fee will be put; 2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; 3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used; 4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund. Those findings are to be made in conjunction with the annual reports discussed above. If such findings are not made as required by Section 6600i, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d). Once the agency determines that sufficient funds have been collected to complete an in- complete improvement for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public im- provement will be commenced (Section 6600i (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures spec- ified in Section 6600i (d). Annual Update of the Capital Improvement Plan. Section 66002 (b) provides that if a local agency adopts a capital improvement plan to identify the use of impact fees, that plan must be adopted and annually updated by a resolution of the goveming body at a noticed public hearing. The alternative, per Section 6600i (a)(2) is to identify improvements by applicable general or specific plans or in other public documents. In most cases,the CI P identifies projects for a limited number of years and may not include all improvements needed to serve future development covered by the impact fee study. We recommend that this development impact fee study be identified by the City Council as the public document on which the use of the fees is based. Indexing of Impact Fees. Development impact fees calculated in this report assume the facil- ities in question will be constructed on a pay-as-you-go basis. Those fees are based on cur- rent costs and should be adjusted at least annually to account for inflation. That adjustment is intended to account for future escalation in costs for land and construction. We recom- mend the Engineering News Record Building Cost Index as the basis for indexing construction costs. Where land costs make up a significant portion of the costs covered by a fee, land costs should be adjusted relative to changes in local land prices. Training and Public Information Effective administration of an impact fee program requires considerable preparation and training. It is important that those responsible for collecting the fees, and for explaining them to the public, understand both the details of the fee program and its supporting ra- tionale. Before fees are imposed, a staff training workshop is highly desirable if more than a handful of employees will be involved in collecting or accounting for fees. April 22 2074 Colgan Consulting Corporation Page 9-6 P669 City of Rancho Cucamonga-Development Impact Fee Study Implementation It is also useful to pay close attention to handouts that provide information to the public re- garding impact fees. Impact fees should be clearly distinguished from other fees, such as user fees for application processing, and the purpose and use of particular impact fees should be made clear. Finally, anyone who is responsible for accounting, capital budgeting, or project management for projects involving impact fees must be fully aware of the restrictions placed on the ex- penditure of impact fee revenues. The fees recommended in this report are tied to specific improvements and cost estimates. Fees must be expended accordingly and the City must be able to show that funds have been properly expended. Recovery of Study Cost Colgan Consulting recommends that the City add an administrative charge to the fees calcu- lated in this report to cover the cost of periodic fee updates and program administration. The amount of that fee should be determined by the City, based on its costs. • April 22 2014 Colgan Consulting Corporation Page 9-7 APPENDIX "C" P670 CITY OF RANCHO CUCAMONGA TRANSPORTATION DEVELOPMENT IMPACT FEE STUDY May 2014 BACKGROUND On April 17, 1991, the City Council adopted Ordinance No. 445 which created the Transportation Development Impact Fee (DIF) Program and authorized the imposing and charging of city-wide transportation development fees. The fee schedule for the DIF is established and amended by resolution of the City Council. The current fee schedule was established on June 20, 2007 by Resolution No. 07-160. The DIF Program Ordinance requires an annual review of the program to evaluate and update the project list and fee schedule. As well, the Congestion Management Program for San Bernardino County (CMP) requires that each local jurisdiction adopt a development mitigation program to collect funds to construct mitigation improvements for the impacts of developments on the regional CMP system. In order to obtain Gas Tax and Measure 1 2010- 2040 revenue, the City must maintain compliance with the CMP. One requirement for CMP compliance is an annual update of the DIF Program as required by the Board of the San Bernardino Associated Governments (SANBAG). The last update required by the SANBAG Board for CMP compliance was in 2007. On November 6, 2013, the SANBAG Board approved updated Development Mitigation Nexus Study project lists and cost estimates. Based on this adoption, the City must adopt its annual update prior to July 1, 2014. UPDATED DEVELOPMENT IMPACT FEES ANALYSIS • The City's DIF Program encompasses mitigation projects that affect both the regional CMP and local systems. In order to calculate the proposed updates to the fee schedule, staff reviewed the program's project list and provided updated estimates of cost for each project in present day dollars. Based on these updated cost estimates, the current program cost is estimated at $210,332,700. This cost was then divided by 23,363 Equivalent Dwelling Units (EDU) -- the Total Estimated Future Equivalent Dwelling Units as established in the 2005 update to the program in order to determine the fee per EDU. The use of EDUs ensures that the program cost is divided fairly between developments of differing traffic impact (e.g. a single family dwelling unit versus a commercial building). Utilizing the EDU methodology, updating the project cost, and maintaining the 2005 Total Estimated Future EDUs ensures that there is a reasonable relationship between the amount of the fee imposed and the type of development across the life of the DIF Program. The proposed project listing and cost estimate is attached as Exhibit "A". As well, a listing of the proposed fees and their supporting calculations are provided as Exhibit's "B" and "C" respectively. APPENDIX "C" P671 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY— MAY2014 PAGE 2 Below is a summary of the existing and proposed fees. Development Type Existing Proposed Fee Fee Residential - Single Family Detached Unit $4,654 $9,002 Residential - Multiple Family Attached Unit $2,792 $5,401 Apartment or Condominium -Attached Unit $2,792 $5,401 Senior Housing Attached Unit(Condo or Apartment)—Per Bedroom $930 $1,800 Nursing /Congregate Care- Per Bed $930 $1,800 Commercial - Per.1,000 Square Feet $6,976 $13,503 Office/Business Park- Per 1,000 Square Feet $5,585 $10,802 Industrial - Per 1,000 Square Feet $2,792 $5,401 Warehouse - Per 1,000 Square Feet $2,327 $4,501 Hotel/ Motel - Per Room $3,722 $7,202 Day Care- Per Student $1,163 $2,251 • Self-Storage- Per Unit $92 $180 Service Station - Per Pump $23,271 $45,010 Based on the updated cost estimate for the DIF Program, the fee per EDU is recommended to increase approximately 93% from $4,654 to $9,002. This increase is due primarily to increases in estimated construction costs since the last update in 2007. As well, an evaluation of the program's project list indicated a need to include development mitigation projects not currently listed. The projects proposed for addition to the program include the City's development share of interchange improvements at the Grove Avenue / 4th Street at I- 10 Freeway Interchange, traffic signal improvements at the intersection of Wilson Avenue and Canistel Avenue, and left turn phase upgrades at seventeen (17) intersections. While these projects would add $5.3 Million to the overall cost of the program, the fee calculation methodology described above ensures that future developments will pay only their fair share of this added cost. CONCLUSION AND RECOMMENDATION A review of the DIF Program's project list and estimate of program cost indicates that the project costs have increased significantly since 2007 and that additional development mitigation projects should be added to the project list. In order to meet the City's compliance obligations under the CMP and to ensure that a funding mechanism is in place to construct projects that are needed to mitigate the impacts of development within the City, it is recommended that the DIF Program Fee Schedule be increased to reflect a fee of$9,002 per EDU. APPENDIX "C" P672 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY— MAY 2014 PAGE 3 EXHIBIT "A" • TRANSPORTATION FEE PROGRAM PROJECTS & PROJECT COSTS Freeway Interchanges Project Estimate Fl Base Line Road at 1-15 Freeway - Widen NB & SB On-Ramps $340,000 F2 Foothill Boulevard at 1-15 Freeway -Widen NB &SB On-Ramps $1,105,000 F3 Base Line Road at 1-15 Freeway- Interchange Improvements $20,500,000 F4 Arrow Route at 1-15 Freeway- Interchange $41,100,000 F5 Grove Avenue/4th Street at 1-10 Freeway- Interchange Improvements $4,500,000 Total: $67,545,000 Railroad Grade Separations and Crossings Project Estimate R1 Haven Avenue at Metrolink Crossing - Grade Separation $10,840,000 R2 6th Street W/O Lucas Ranch Road - Improve RXR Crossing Gates $880,000 R3 6th Street E/O Santa Anita Avenue- Install new RXR Crossing Gates $880,000 R4 Hellman Avenue at 8th Street - Upgrade Existing RXR Crossing Gates $880,000 Total: $13,480,000 Bridges Project Estimate B1 6th Street at Cucamonga Creek Channel -Widen Existing Bridge $2,050,000 B2 9th Street at Cucamonga Creek Channel -Widen Existing Bridge $972,000 B3 Arrow Route at Etiwanda Ditch -Widen Existing Bridge $954,000 B4 Banyan Street at Etiwanda Creek Channel - Bridge $1,086,000 B5 Hellman Avenue at Cucamonga Creek Channel -Widen Existing Bridge $6,203,000 B6 Whitram Avenue at Etiwanda Ditch - Bridge $1,196,000 B7 Wilson Avenue at Day Creek Channel - Bridge $1,231,000 88 Wilson Avenue at Etiwanda Creek Channel - Bridge $2,073,000 Total: $15,765,000 APPENDIX "C" P673 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY— MAY 2014 PAGE 4 Streets Project Estimate S1 6th Street-Santa Anta Avenue to Etiwanda Avenue - Backbone $666,000 S2 Arrow Route - Grove Avenue to Baker Avenue-Widen 2 to 4 Lanes $1,347,000 S3 Arrow Route - 500' E/O I-15 Fwy to 1,300' E/O I-15 Fwy -Widen South Side $1,118,000 S4 Banyan Street- Etiwanda Avenue to East Avenue -Widen North Side $987,000 S5 Banyan Street- East Avenue to Wardman Bullock Road - New Alignment $8,139,000 S6 Base Line Road - Etiwanda Avenue to I-15 Fwy-Widen North Side 2 to 3 Lanes $983,000 S7 Cherry Avenue -Wilson Avenue to 1-15 Freeway -Widen West Side $1,191,000 58 Church Street-Archibald Avenue to Haven Avenue-Widen 2 to 4 Lanes $1,276,000 S9 East Avenue - 1-15 to Victoria Street-Various Bottlenecks $816,000 S10 East Avenue - Fire Station to Wilson - New $1,295,000 S11 East Avenue -Wilson Avenue to North Rim Way- New $438,000 S12 Etiwanda Avenue-6th Street to Arrow Route-Widen 2 to 4 Lanes $4,125,000 S13 Etiwanda Avenue- Miller Avenue to 850' N/O Miller Avenue-Widen East Side $282,000 S14 Etiwanda Avenue - Banyan St. to Wilson Ave. - Curb and Gutter East Side Only $929,000 S15 Etiwanda Avenue - Existing Northern Terminus to North Rim Way- New $525,000 S16 Foothill Boulevard -Vineyard Avenue to Hellman Avenue -Widen 4 to 6 Lanes $1,204,000 S17 Foothill Boulevard - Hellman Ave. to 700' E/O Hellman Ave. -Widen N/S Only $1,930,000 S18 Foothill Boulevard at Archibald Avenue -Widen Intersection $7,245,000 S19 Foothill Boulevard -Archibald Avenue to Hermosa Avenue-Widen 4 to 6 Lanes $1,959,000 S20 Grove Avenue -8th Street to Tapia Via -Widen 1 to 2 Lanes East Side Only $1,074,000 S21 Grove Avenue-San Bernardino Rd to Foothill Blvd -Widen 1-2 Lanes E/S Only $661,000 S22 Haven Avenue- Base Line Road to 1-210 Freeway-Widen West.Side Only $12,338,000 S23 Lower Crest Road - Etiwanda Avenue to East Avenue- New $1,606,000 S24 Miller Avenue - Etiwanda Avenue to East Avenue -Widen 2 to 4 Lanes $2,426,000 S25 Milliken Avenue - 5th Street to 700' S/O 5th Street -Widen West Side Only $305,000 S26 Victoria Street—E. P.L. of Etiwanda H.S. to I-15 Fwy- Improve Both Shoulders $294,000 S27 Vintage Drive -Etiwanda Avenue to 1,300'W/O Etiwanda Avenue- New $860,000 S28 Wilson Avenue - Milliken Avenue to Day Creek Boulevard - New $6,824,000 S29 Wilson Avenue - Etiwanda Avenue to East Avenue - Backbone Only $565,000 S30 Wilson Avenue- East Avenue to Wardman Bullock Road - New $6,000,000 S31 Youngs Canyon - Cherry Avenue to Wardman Bullock- New $9,400,000 Total: $78,808,000 APPENDIX "C" P674 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY- MAY 2014 PAGE 5 Traffic Signals Project Estimate T1 4th Street at Richmond Place $350,000 T2 4th Street at Utica Avenue $350,000 T3 6th Street at Buffalo Avenue $350,000 T4 6th Street at Cleveland Avenue $350,000 T5 6th Street at Etiwanda Avenue $350,000 T6 6th Street at Hellman Avenue $350,000 T7 6th Street at Pittsburgh Avenue $350,000 TO 6th Street at Rochester Avenue $350,000 T9 6th Street at Santa Anita Avenue $350,000 T10 6th Street at Utica Avenue $350,000 T11 Archibald Avenue at Banyan Street $350,000 T12 Archibald Avenue at San Bernardino Road $350,000 T13 Archibald Avenue at Victoria Street $350,000 T14 Archibald Avenue at Wilson Avenue $350,000 T15 Arrow Route at Center Avenue $350,000 T16 Banyan Street at Rochester Avenue $350,000 T17 Banyan Street at Wardman Bullock Road $350,000 T18 Base Line Road at San Carmela Court $350,000 T19 Base Line Road at Shelby Place $350,000 T20 Carnelian Street at Banyan Street $350,000 T21 Carnelian Street at Wilson Avenue $350,000 T22 Cherry Avenue at Youngs Canyon Road $350,000 T23 Church Street at Elm Avenue $350,000 T24 Church Street at Mayten Avenue $350,000 T25 Church Street at Ramona Avenue $350,000 T26 Church Street at Terra Vista Parkway $350,000 T27 Civic Center Drive at Red Oak Street $350,000 T28 Ridgeline Place at Wilson Avenue $350,000 T29 Day Creek Boulevard at Madrigal Place $350,000 T30 Day Creek Boulevard at Wilson Avenue $350,000 T31 East Avenue at Miller Avenue $350,000 T32 East Avenue at Highland Avenue $350,000 T33 Etiwanda Avenue at Garcia Drive $350,000 T34 Etiwanda Avenue at Whittram Avenue $350,000 T35 Foothill Boulevard at Cornwall Court $350,000 T36 Foothill Boulevard at East Avenue $350,000 APPENDIX "C" P675 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY- MAY 2014 PAGE 6 Project • Estimate T37 Foothill Boulevard at Malachite Avenue $350,000 T38 Haven Avenue at Trademark Street $350,000 T39 Haven Avenue at Valencia Avenue $350,000 T40 .Haven Avenue at Wilson Avenue $350,000 T41 Hellman Avenue at 8th Street $350,000 T42 Hermosa Avenue at Church Street $350,000 T43 Milliken Avenue at 5th Street $350,000 T44 Milliken Avenue at Wilson Avenue $350,000 T45 Rochester Avenue at Jersey Boulevard $350,000 T46 Spruce Avenue at Elm Avenue $350,000 T47 Spruce Avenue at Mountain View Drive $350,000 T48 Spruce Avenue at Red Oak Street $350,000 T49 Terra Vista Parkway at Spruce Avenue $350,000 T50 Terra Vista Parkway at Town Center Drive $350,000 T51 Town Center Drive at Elm Avenue $350,000 T52 Wilson Avenue at East Avenue $350,000 T53 Wilson Avenue at Etiwanda Avenue $350,000 T54 Wilson Avenue at Etiwanda Avenue (West) $350,000 T55 Wilson Avenue at San Sevaine Road $350,000 T56 Wilson Avenue at Wardman Bullock Road $350,000 T57 Wilson Avenue at Canistel Avenue $350,000 T58 4th Street at Golden Lock Road - Left Turn Phasing Upgrade $25,000 T59 Archibald Avenue at Banyan Street -Left Turn Phasing Upgrade $25,000 T60 Arrow Route at Etiwanda Avenue - Left Turn Phasing Upgrade $50,000 T61 Arrow Route at Red Oak Street- Left Turn Phasing Upgrade $25,000 T62 Arrow Route at White Oak Street- Left Turn Phasing Upgrade $25,000 T63 Banyan Street at East Avenue - Left Turn Phasing Upgrade $25,000 . • T64 Base Line Road at Mountain View Drive -Left Turn Phasing Upgrade $25,000 T65 Base Line Road at Spruce Avenue - Left Turn Phasing Upgrade $25,000 T66 Base Line Road at Valencia Avenue - Left Turn Phasing Upgrade $25,000 T67 Day Creek Boulevard at Silverberry Street- Left Turn Phasing Upgrade $25,000 T68 Day Creek Boulevard at Sugar Gum Street - Left Turn Phasing Upgrade $25,000 T69 Day Creek Boulevard at Victoria Park Lane - Left Turn Phasing Upgrade $25,000 T70 Milliken Avenue at Millenium Court - Left Turn Phasing Upgrade $25,000 T71 Milliken Avenue at Mountain View Drive- Left Turn Phasing Upgrade $25,000 T72 Milliken Avenue at Terra Vista Parkway- Left Turn Phasing Upgrade $25,000 T73 Milliken Avenue at Victoria Park Lane- Left Turn Phasing Upgrade $25,000 T74 Milliken Avenue at Vintage Drive - Left Turn Phasing Upgrade $25,000 Total: $19,600,000 • APPENDIX "C" P676 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY— MAY2014 PAGE 7 Signal Interconnect System Project Estimate SI1 Signal Interconnect System $7,700,000 Total: $7,700,000 Program Totals Category Estimate Freeway Interchanges $67,545,000 Railroad Grade Separations and Crossings $13,480,000 Bridges $15,765,000 Streets $78,808,000 Traffic Signals $19,600,000 Signal Interconnect System $7,700,000 Total: $202,898,000 DIF Program Cost Item Estimate Program Total $202,898,000 Less Fund Balance as of 2005 -$20,000,000 Sub-Total $182,898,000 Administration Fee (15%) $27,434,700 Total: $210,332,700 APPENDIX "C" P677 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY- MAY 2014 PAGE 8 EXHIBIT "B" TRANSPORTATION DEVELOPMENT FEES Land Use Type Fee Residential— Single Family Detached Unit $9,002 Residential— Multiple Family Attached Unit I $5,401 Apartment or Condominium —Attached Unit I $5,401 Senior Housing Attached (Condo or Apartment)— $1,800 Per Bedroom Nursing / Congregate Care — Per Bed $1,800 Commercial — Per 1,000 Square Feet $13,503 Office /Business Park — Per 1,000 Square Feet $10,802 Industrial— Per 1,000 Square Feet $5,401 Warehouse — Per 1,000 Square Feet $4,501 Hotel / Motel— Per Room $7,202 Day Care— Per Student $2,251 Self-Storage — Per Unit $180 Service Station — Per Pump $45,010 APPENDIX "C" P678 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY— MAY 2014 PAGE 9 EXHIBIT "C" TRANSPORTATION FEE PROGRAM CALCULATIONS Vacant Land as of February 2005 Vacant Residential Property = 950 acres Single Family Dwelling Units (SFDU) = 5,363 units Multi-Family Dwelling Units (MFDU) = 5,248 units Vacant Industrial Property = 719 acres = 31,319,640 square feet Assuming that the average floor area ratio for General Industrial is 0.5, then the future square footage of industrial development is 31,319,640 square feet x 0.5 = 15,659,820 square feet. Vacant Commercial Property = 334 acres = 14,549,040 square feet Assuming that the average floor area ratio for General Commercial is 0.25, then the future square footage of commercial development is 14,549,040 square feet x 0.25 = 3,637,260 square feet. Equivalent Dwelling Units(EDU)per Land Use Different types of land uses have different traffic trip generation rates. In order for nexus fees to be tabulated for each type of land use, the "Equivalent Dwelling Units" or EDU for each type of land use must first be determined. The calculation of a particular land use type's EDU is based on the traffic trip generation rate for that land use from the ITE Trip Generation Manual. Per City Resolution No. 91-092, the EDU for various land uses was determined to be as follows: Land Use Type EDU Residential —Single Family Detached Unit 1.0 EDU Residential —Multiple Family Attached Unit 0.6 EDU Apartment or Condominium —Attached Unit 0.6 EDU Senior Housing Attached (Condo or Apartment)—Per Bedroom 0.2 EDU Nursing/Congregate Care— Per Bed 0.2 EDU Commercial — Per 1,000 Square Feet 1.5 EDU Office/ Business Park— Per 1,000 Square Feet 1.2 EDU Industrial —Per 1,000 Square Feet 0.6 EDU Warehouse— Per 1,000 Square Feet 0.5 EDU Hotel / Motel— Per Room 0.8 EDU Day Care— Per Student 0.25 EDU Self-Storage— Per Unit 0.02 EDU Service Station—Per Pump 5.0 EDU APPENDIX "C" P679 CITY OF RANCHO CUCAMONGA TRANSPORTATION DIF STUDY- MAY 2014 PAGE 10 Total Future Equivalent Dwelling Units(EDU) Vacant Land EDU by Future Land Use as of February 2005 Land Use Equivalent Dwelling Units Single-Family Dwelling Unit 5,363 Units 1.00 5,363 Multi-Family Dwelling Unit 5,248 Units 0.60 3,149 Industrial Park(per 1,000 SF) 15,659,820 Square Feet 0.60 9,396 Commercial (per 1,000 SF) 3,637,260 Square Feet 1.50 5,455 Total Future EDU 23,363 Calculate Cost per Equivalent Dwelling Unit(EDU) Item Fees Total Cost of Projects $210,332,700 Total Future EDU (as of February 2005) 23,363 Cost per EDU $9,002 Calculate Transportation Development Fees by Land Use Item EDU by Fees Land Use Residential -Single Family Detached Unit 1.0 $9,002 Residential -Multiple Family Attached Unit 0.6 $5,401 Apartment or Condominium -Attached Unit 0.6 $5,401 Senior Housing Attached (Condo or Apartment)-Per Bedroom 0.2 $1,800 Nursing/ Congregate Care- Per Bed 0.2 $1,800 Commercial -Per 1,000 Square Feet 1.5 $13,503 Office/Business Park- Per 1,000 Square Feet 1.2 $10,802 Industrial -Per 1,000 Square Feet 0.6 $5,401 Warehouse- Per 1,000 Square Feet 0.5 $4,501 Hotel/Motel- Per Room 0.8 $7,202 Day Care-Per Student 0.25 $2,251 Self-Storage-Per Unit 0.02 $180 Service Station - Per Pump 5.0 $45,010 P680 .n to o F. m a a _ o tD o r co p m m _ _- m o a m Q o p c� O a V V CS, t0 CD P) CD O r O 0 O O 0 M CO l7 A r, 8 Of • 0 N a [o U) C, M a 7 C0 O r V P CC Cv O N a N M N O :7 O 8(p A1p C7 t0 M U) CO CO 69 CO CO CO '9 0 t0 N_ V N_ O N C9 O . 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C (n N !n LL co N r II u u u u u u T T T u a 0Q m m m m m m m c = = " E m 7,r- r C I F- f- 5 : 5 - 0 .0 0 0 0 0 0 0 0 0 0 o 0 to _0 .o n 15 N 0 0 a0) CU 0u) 0 41 0) V 01 N o)vf) O N 0 0, 0. 0, 0. 0. 0. 8. 8 C rn a YI C C C V) C to, C C <a M C a) T ON co,` C c c c C C c c c c a 13 c '5 69 Appendix "E° P684 ORDINANCE NO. 865 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 AND TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REPEAL CHAPTERS 3.24 AND 16.32 IN THEIR ENTIRETY AND • ADDING CHAPTERS 3.52, 3.56, 3.60, 3.64, AND 3.68 ESTABLISHING DEVELOPMENT IMPACT FEES FOR COMMUNITY AND RECREATION CENTER, LIBRARY, ANIMAL CENTER, POLICE, AND PARK IN-LIEU/PARK IMPACT FEES A. RECITALS 1. Colgan Consulting Corporation has prepared a Development Impact Fee Study Report (the"Fee Study"), dated April 22, 2014, that analyzes the impact of development on certain of the City's capital facilities and calculates development impact fees based on that analysis. 2. On June 4, 2014, the City Council held a duly noticed open and public meeting, at which it considered the proposed adoption of the development impact fees development impact fees for community and recreation center, library, animal center, police, and park in-lieu/park impact fees (collectively, the "Development impact Fees"). The Fee Study, which contains data indicating the estimated cost, required to provide the public facilities for which the Development Impact Fees would be levied and the revenue sources anticipated to provide the service, was made available to the public at least ten days prior to the JUNE 4, 2014 City Council meeting. 3. On June 4, 2014, the City Council held a duly noticed public hearing regarding the adoption of the Development Impact Fees and this Ordinance. Following the receipt of all staff reports, public testimony and other evidence, the public hearing was closed. 4. City staff has evaluated the potential environmental impacts of the adoption of this Ordinance, pursuant to the California Environmental Quality Act ("CEQA"). City staff has determined that these actions do not constitute a "project" under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, City Staff has determined that these actions are categorically exempt from CEQA under CEQA guidelines Section 15273(a)(4) because these actions and documents are merely establishing a fee to obtain funds for those capital projects necessary to maintain service within existing service areas and these actions do not provide for the creation of new service areas. The capital projects described in the Development Impact Fee Study will maintain the level of service currently provided by the City's existing facilities by ensuring that the impacts of new development will not negatively impact existing service levels. 5. All prerequisites to the adoption of this Ordinance as specified by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and other applicable laws have been satisfied. B. ORDINANCE SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Ordinance are true and correct. P685 Ordinance No. 865 June 4, 2014 Page 2 SECTION 2. Chapters 3.24 and 16.32 of the Rancho Cucamonga Municipal Code are hereby repealed and deleted, effective May 1, 2015. SECTION 3. Chapter 3.52 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective May 1, 2015, to read as follows: "Chapter 3.52 Community and Recreation Center Impact Fee 3.52.010 Purpose The City Council finds that the purpose of the community and recreation center impact fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of community and recreation center assets in the City. The City finds: A. There are a number of existing community and recreation centers within the City, as well as the Victoria Gardens Cultural Center. B. Fees apply only to residential development. C. There is a need for fees to serve future development in the City without placing a burden on existing resources. D. Community and recreation centers serve the entire population. E. Revenue from the impact fees will be used to expand the availability of community and recreation center assets in the City; through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion of existing development, within the City impose a burden on the existing community and recreation facilities by adding additional population. G. The fees are based on the relationship between the City's existing population and the replacement cost of existing community center, recreation center, and cultural center facilities. H. Population is used as the demand variable when calculating these fees because the need for community and recreation centers is normally defined in the terms of population per unit for that type. The level of service standard used to calculate impact fees is the existing ratio of facility replacement cost to population. J. The cost per capita will be applied to future population to compute impact fees per unit, P686 Ordinance No. 865 June 4, 2014 Page 3 • K. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the community and recreation center facilities, impact fees will apply to new development of these types of facilities. L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.52.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for • one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those park and recreation facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Study" means the Development Impact Fee Study Report dated April 22, 2014. Section 3.52.030 Establishment and Administration of Community and Recreation Center Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. P687 Ordinance No. 865 June 4, 2014 Page 4 A. The Finance Director shall establish a special interest-bearing fund entitled community and recreation center impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of community and recreation center assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.52.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Community and Recreation Center Impact Fee. 3.52.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.52.050 Fees • The fees to be paid by this chapter shall be set by resolution of the City Council. 3.52.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.52.070 Use of fees The City Council finds that there is established a community and recreation center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of community and recreation center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.52.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 4. Chapter 3.56 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective January 1, 2015, to read as follows: "Chapter 3.56 Library Impact Fee • 3.56.010 Purpose The City Council finds that the purpose of the library impact fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the City by requiring new residential P688 Ordinance No. 865 June 4, 2014 Page 5 development to contribute to the cost of expanding the availability of library and cultural center assets in the City. The City finds: A. There are two libraries currently in the City; Archibald and Paul A. Biane Library. B. Paul A. Biane Library is part of the Victoria Gardens Cultural Center. C. Paul A. Biane Library includes space for future expansion. • D. The City will assess the need for any future development of a new library. E. Fees apply only to residential development. F. The need for fees to serve future development in the City without placing a burden on existing resources. G. The libraries serve the entire population. H. Revenue from the impact fees will be used to expand the availability of library and cultural center assets in the City through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. New residential development and the expansion of existing development, within the City impose a burden on the existing libraries by adding additional population. J. The fees are based on the relationship between the City's existing population and the replacement cost of existing libraries, cultural center facilities, and material. • K. Population is used as the demand variable when calculating these fees because the need for libraries is normally defined in the terms of population per unit for that type. L. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. M. The cost per capita will be applied to future population to compute impact fees per unit. N. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the library facilities, impact fees will apply to new development of these types of facilities. P689 Ordinance No. 865 June 4, 2014 Page 6 0. Impact fees for other specialized development types should be calculated in the same way if the need arises. P. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. Q. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.56.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those libraries or cultural center facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Study" means the Development Impact Fee Study Report dated April 2014. 3.56.030 Establishment and Administration of Library Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled library impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of library facilities and material assets in the City. • P69O Ordinance No. 865 June 4, 2014 Page 7 B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.56.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the Library Impact Fee. 3.56.040 Payment • The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.56.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. • 3.56.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.56.070 Use of Fees The City Council finds that there is established a library fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of library and cultural center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. • 3.56.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 5. Chapter 3.60 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective January 1, 2015, to read as follows: "Chapter 3.60 Animal Center Impact Fee 3.60.010 Purpose The City Council finds that the purpose of the animal center impact fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of animal center assets in the City. P691 Ordinance No. 865 June 4, 2014 Page 8 The City finds: A. There is only one animal center that serves the entire population. B. The current animal center is at maximum capacity, and that there will be need for expansion or construction of a new animal center as the population continues to grow. C. These fees apply only to residential development. D. The need for fees is to serve future development in the City without placing a burden on existing resources. E. Revenue from the impact fees may be used to expand the availability of animal center assets in the City through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion of existing development, within the City impose a burden on the existing animal center by adding additional population. G. Population is used as the demand variable when calculating these fees because the need for animal center services is normally defined in the terms of population per unit for that type. H. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. The cost per capita will be applied to future population to compute impact fees per unit. J. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. L. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.60.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. • P692 Ordinance No. 865 • June 4, 2014 Page 9 B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those animal center facilities, land, improvements, or infrastructure located in Rancho Cucamonga. • F. "Equipment/material" shall include all necessary materials that are required for the proper operation of the facility for which this fee is imposed. G. "Study" means the Development Impact Fee Study Report dated April 2014 3.60.030 Establishment and Administration of Animal Center Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on whichthey are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled animal center impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of animal center facilities and material assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.60.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Animal Center Impact Fee. 3.60.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.60.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. • P693 Ordinance No. 865 June 4, 2014 • Page 10 3.60.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.60.070 Use of fees The City Council finds that there is established an animal center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of the animal center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.60.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 6. Chapter 3.64 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective January 1, 2015, to read as follows: "Chapter 3.64 Police Impact Fee 3.64.010 Purpose The City Council finds that the purpose of the police impact fee herby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the City by requiring new residential and business development to contribute to the cost of expanding the availability of police assets in the City. The City finds: A. Police services, facilities, and equipment are needed to serve future development in the City. B. Police services serve the entire population of residential and businesses. C. The need to expand the existing fleet of police vehicles and equipment will be necessary as the population continues to grow. D. The City will assess the need to expand policy facilities into the Northeastern portion of the City as indicated in the current City General Plan. E. These fees apply to all residential and business development. P694 Ordinance No. 865 June 4, 2014 Page 11 F. Revenue from the impact fees may be used to expand the availability of police assets in the City through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. G. New residential and business development within the City imposes a burden on the existing police facility by adding additional population. H. The demand variable that determine the fees are based on the relationship between the City's existing population and the calls for service, and the replacement cost for police facilities and equipment. Police impact fees paid by new development are based on the same level of service currently provided to the existing residential and businesses in the City. J. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of police services, impact fees will apply to new development of these types of facilities. K. The cost per capita will be applied to future population to compute impact fees per unit. • L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.64.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or P695 Ordinance No. 865 June 4, 2014 Page 12 condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Businesses" shall include all commercial/industrial, hotel/motel, and office units. E. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. F. "Facilities" means those police facilities, land, improvements, or infrastructure located in Rancho Cucamonga. G. "Equipment/material" shall include all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the Development Impact Fee Study dated April 2014 H. "Study" means the Development Impact Fee Study Report dated April 2014 3.64.030 Establishment and Administration of Police Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled police impact fees. All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of police facilities and material assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 3.64.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Police Impact Fee. • 3.64.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. 3.64.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. 3.64.060 Fee Exemptions In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. P696 Ordinance No. 865 June 4, 2014 Page 13 3.64.070 Use of fees The City Council finds that there is established an Police fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of police facility assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.64.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 7. Chapter 3.68 is hereby added to Title 3 of the Rancho Cucamonga Municipal Code, effective May 1, 2015, to read as follows: "Chapter 3.68 Park In-Lieu/Park Impact Fees 3.68.010 Purpose The City Council finds that the purpose of the park in-lieu/park impact fees herby enacted is to prevent new residential from reducing the quality and availability of public services provided to residents of the City by requiring new residential and commercial development to contribute to the cost of expanding the availability of police assets in the City. The City finds: A. The need for two types of development fees for parks: fees for park land acquisition and fees for park improvement. B. Fees for park land acquisition are subdivided: fees in-lieu of park land dedication for subdivisions, and impact fees for park land acquisition not involving subdivisions. C. The need for fees to serve future development in the City without placing a burden on existing resources. D. A general plan has been adopted containing specific policies and standards for parks and recreation facilities. E. Dedicated land and/or in-lieu fees are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision paying the fees. F. Park impact fees apply only to land acquisition in residential subdivisions. • P697 Ordinance No. 865 June 4, 2014 Page 14 G. The demand factor for each type of residential development is the average population per unit for that type because the need for parks in a community is almost always based on population. H. The total acreage of City-owned park land will be used to determine the existing level of service for purposes of calculating impact fees for park land acquisition. Improved park acreage will be used to determine the existing level of service for the calculation of impact fees for park improvements. J. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.68.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "City/Service Area" shall mean the entire City of Rancho Cucamonga. B. "Residential development" shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. C. "Dwelling unit" shall include each single family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. D. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. E. "Facilities" means those park and recreation facilities, land, improvements, or infrastructure located in Rancho Cucamonga. F. "Study" means the Development Impact Fee Study Report dated April 2014 P698 Ordinance No. 865 June 4, 2014 Page 15 3.68.030 Establishment and Administration of Park In-Lieu/Park Impact Fees City Council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The Finance Director shall establish a special interest-bearing fund entitled park in-lieu/park impact fees. All fees collected pursuant to this chapter shall be deposited in this fund,and shall be expended on the availability of park and recreation assets in the City. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in Section 16.51.020 constructed in the City after the effective date of the ordinance codified in this chapter and shall be known as the Park In-Lieu/Park Impact Fee. 3.68.040 Payment The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. - 3.68.050 Fees The fees to be paid by this chapter shall be set by resolution of the City Council. 3.68.060 Fee Exemptions . In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.68.070 Use of fees The City Council finds that there is established a park in-lieu/park fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expanded on the availability of park and recreation center assets in the City to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. 3.68.080 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council P699 Ordinance No. 865 June 4, 2014 Page 16 hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause • the same to be published in the manner prescribed by law. • a Appendix "F P700 RESOLUTION NO. 14-101 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION 12-196, TO UPDATE FEES APPLICABLE FOR SERVICES PERFORMED BY THE ENGINEERING SERVICES DEPARTMENT A. Recitals. 1. The California Government Code allows the City to establish fees and charges for municipal services and facilities, 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. 2. The City Council has heretofore established fees, costs and charges for municipal services provided by the City's Engineering Department. Costs to the City in providing these services have either increased or decreased since those fees and charges were last revised. • 3. The City of Rancho Cucamonga has heretofore conducted a thorough and comprehensive study, as identified in Section B of this Resolution, to determine actual costs to the City in providing the various municipal services for which the fees and charges set forth herein apply. 4. All data indicating the estimated or actual cost to the City to provide each service for which the fees and charges set forth herein apply was made available to the public at least ten (10) days prior to the date of the public hearing referred to in Recital (5) below. 5. On (June 4, 2014), City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The 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: The City Council hereby specifically finds that the fees and charges set forth in Sections 3 and 4 do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied. SECTION 3: The City Council hereby amends Resolution 12-196 and adopts the following fees for services performed by the Engineering Services Department, including a technology fee of 4.5%. RESOLUTION NO. 14-101 — Page 1 P7O1 ENGINEERING SERVICES FEES Fee Application Current Fee Proposed New Fee Amending Map $1,964.60 $1,492.95 Bond Substitution $2,321.99 $1,575.56 Certificate of Compliance $2,528.90 $1,376.50 Certificate of Correction $1,525.70 $1,211.28 Lot Line Adjustment($1,380.00 for • each additional parcel) $2,027.30 $1,625.32 Private Street Designation $3,521.65 $1,460.11 Reapportionment Maps (two sheet parcel/tract map; $30 each additional sheet $1,828.75 $1,460.11 Reimbursement Agreement-Storm Drain $5,371.30 $3,135.20 Reimbursement Agreement-Street and Utilities $6,092.35 $3,135.20 Release of Lien Agreement $1,212.20 $878.85 Standard Agreement/Document Processing $1,149.50 $1,144.60 Street Vacation $4,127.75 $1,542.72 Traffic Study Review (Development Project) $230.95 $696.71 Flood Hazard Letter $150.00 $150.00 Property Legal Description $1,442.10 $1,244.13 Residential Parcel Map (+$240 per parcel) $4,545.75+240/lot $3,881.67+240/lot Tract Maps and Non-Residential $5298.15(+$290.00 per $4,014.04(+$290.00 per parcel Parcel Maps over ten (10) lots parcel or lot) or lot) Tract Maps and Non-Residential Parcel Maps of ten (10) lots or less $5,726.60 $4,180.00 Map Printing (as adopted by County) N/A N/A Interior Streets - 1 sheet $3824.70 LS $3,682.61 LS Interior Streets - 2 streets $4629.35 LS $4,478.85 LS Interior Streets - 3 and 4 $1316.70 each $1,194.36 each Interior Streets - 5 sheets $8307.75 LS $7,862.87 LS Interior Streets - 6 through 9 $1316.70 each $1,194.36 each Interior Streets - 10 sheets $15,633.20 LS $14,929.50 LS Interior Streets - Sheets 11 and more $1316.70 each $1,194.36 each Storm Drain Plans Same as for Interior Streets Same as for Interior Streets Landscaped and Irrigation Plans for City-Maintained Areas $1,348.05 each $1,244.13 each Hydrology Study Drainage Areas up to 150 Acres $3,375.35 $2,587.78 RESOLUTION NO. 14-101 — Page 2 P702 Hydrology Study Drainage Areas greater than 150 acres $4,608.45 $3,583.08 Public Works Construction Permit (CPI) Inspection: Drainage Catch Basin W=4', 7'or 21' $72.58 each $72.66 each Inspection: Drainage Collar Pipe PCC $24.19 each $23.99 each Inspection: Drainage Headwall 48" Wing $48.37 each $48.27 each Inspection: Drainage Junction Structure w/o Manhole $32.25 each $31.85 each Inspection: Drainage Junction Structure with Manhole $32.25 each $31.85 each Inspection: Drainage RCP 18"thru 54" $14.50 LF $13.93 LF Inspection: Drainage RCP 60"thru 96" $24.19 LF $23.89LF Unit Modified • Inspection: V-Ditch $4.84 LF $.80 SF Inspection: V-Ditch cobblestone New $.80 SF Inspection: Landscape Cobblestone/Boulders 1st 2,000 SF + Unit Modified $92.61 each addl 1,000 SF $385.07 $.80 SF Inspection: Landscapte Concrete Header $1.61 LF $1.00 LF Inspection: Landscape Decomposed $96.77 per inspection Unit Modified Granite • Occurrence $.80 CY Inspection: Landscape Fence Tubular • Steel $6.44 LF $6.07 LF Inspection: Landscape Gates Tubular Steel $16.11 each $15.43 each Inspection: Landscape Irrigation Unit Modified System $2.40 LF $2.39 SF Inspection: Landscape Unit Modified Maintenance 180 Day $772.43 each $.30 SF Inspection: Landscape Masonry Column/Pilaster $12.90 each $12.14 each Inspection: Landscape Mulch Shredded 4" $3.39 CY $3.09 CY Inspection: Landscape Pavers $3.21 SF $3.09 SF Inspection: Landscape Shrub 1 and 5 gallon $1.61 each $1.39 each Inspection: Landscape Slope Erosion Control $0.80 SF (Jute Matting) $.80 SF (Jute Matting) Inspection: Landscape Trail Fence ' PVC 2-rail and 3-rail $6.44 LF $6.27 LF Inspection: Landscape Trail Gate $96.77 each $94.55 each RESOLUTION NO. 14-101 - Page 3 P703 Inspection: Landscape Tree 5 and 15 Gallon $14.50 each $14.43 each Inspection: Landscape Tree 24" Box $19.34 each $18.41 each Inspection: Landscape Tree Palm $32.25 each $31.35 each Inspection: Landscape Vine 5 Gallon $1.61 each $1.49 each • Inspection: Landscape Wall Garden 6' $12.90 LF $12.74 LF Inspection: Landscape Wall Retaining 3' $12.90 LF $11.84 LF Inspection: Landscape Wall Retaining Drain $8.06 LF $7.86 LF Inspection: Landscaping New $.90SF Unit Modified Inspection: Removal Clear and Grub $72.58 each LS Inspection: Removal cold plane existing pavement New $.90 SF Inspection: Removal of AC Berm $0.80 LF $.70 LF Inspection: Removal AC Pavement New $.40 SF Inspection: Removal of PCC Curb $0.76 LF $.70 LF Inspection: Removal of PCC Sidewalk $0.39 SF $.40 SF Inspection: Removal Tree $35.42 each $35.33 each Unit Modified Inspection: Street AC (500-900 tons) $72.58 each $.80 ton Inspection: Street AC (900-1300 tons) $.80 ton • • Inspection: Street AC (over 1300 tons) $.80 ton Inspection: Street AC (under 500 tons) $.80 ton Inspection: Street Access Ramp $32.25 each $32.05 each Inspection: Street Adjust Manhole and Valves/CO to Grade $8.06 each _ $7.86 each _ Inspection: Street adjust valves to grade New $7.86 each Unit Modified Inspection: Street Aggregate Base $72.58 each $.80 ton Inspection: Street Barricades $1.61 LF $1.59 LF Inspection: Street Berm AC $1.61 LF $1.59 LF Inspection: Street Cross-gutter $0.48 SF $.40 SF Inspection: Street Curb& Gutter 6" $0.28 LF $.30 LF Inspection: Street Curb& Gutter 8" 0.33 LF $.30 LF RESOLUTION NO. 14-101 - Page 4 P704 Inspection: Street Curb& Gutter 12" 0.39 LF $.30 LF Inspection: Street Curb& Gutter Cobble $2.40 LF $2.49 LF Inspection: Street Curb Core $48.37 each $48.57each Inspection: Street Curb Only $0.40 LF $.30 LF Inspection: Street Curb Rolled $0.80 LF $.70 LF Inspection: Street Curbside Drain STD 107-A, B &C $144.4 each $134.37 each Inspection: Street Drive Approach $72.58 per inspection Unit Modified Commercial occurrence $1.49 SF • Inspection: Street Drive Approach $35.52 per inspection Unit Modified Residential occurrence $1.00 SF Inspection: Street Light/Signal Interconnect Conduit $0.57 LF $.60 LF Inspection: Street Lights $8.06 each $8.06 each Inspection: Street Right Turn Unit Modified Lane/Busbay PCC 8" $482.48 each $1.49 SF Inspection: Street Sidewalk PCC 4" $0.17 SF $.20 SF Inspection: Street Subgrade Unit Modified Preparation/Fine Grading $0.19 LF $.20 SF Inspection:Traffic Pavement Markings $0.80 each $.80 each $192.53 per inspection Unit Modified Inspection: Traffic Pavement Striping occurrence $.40 LF Inspection:Traffic Reflectors and $48.37 per inspection Unit Modified Posts occurrence $.80 each Inspection: Traffic Signal $4,902.74 each - $4,811.08 each Inspection: Traffic Signal Modification $2,418.13 each $2,398.67 each Inspection: Traffic Street Sign $8.06 each $8.06 each Inspection: Utility Fiber Optic Conduit &Trench $2.40 LF $1.99 LF Inspection: Utility Underground Existing Electrical $2.40 LF $1.99 LF Inspection: Utility Underground Existing Telecom $2.40 LF $1.99 LF Note: Inspection: Miscellaneous; Construction items not listed above will be charged based upon an estimated hourly inspection need at the rate of($95.24) per hour(OT-$142.86). Minimum Public Works Construction Permit Fee shall be $50.00. SECTION 4: Subject to the provisions of Section 5, in accordance with California Government Code Section 66017, those fees and charges set forth in Section 3, that constitute "a fee or charge...upon a development project...which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use" shall become effective and payable sixty (60) days from the date of adoption of this Resolution. SECTION 5: Each fee set forth in Section 3 shall be adjusted annually, commencing on July 1, 2015, and each year thereafter, without further action of the City Council, based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during RESOLUTION NO. 14-101 - Page 5 P705 the 12 month period ending on December 31st of the immediately preceding year, as released by the U.S. Department of Labor's Bureau of Labor Statistics and rounded to the nearest whole dollar. If this index is discontinued, a replacement index, as determined by the City Council, shall be utilized. SECTION 6: The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 14-101 — Page 6 P706 Appendix "G" RESOLUTION NO. 14-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 07-160, REVISING CITY-WIDE TRANSPORTATION DEVELOPMENT FEES FOR ALL DEVELOPMENTS WITHIN THE CITY OF RANCHO CUCAMONGA, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS 1. The City Council of the City of Rancho Cucamonga ("City Council") adopted Ordinance No. 445 in April, 1991 creating and establishing the authority for imposing and charging city-wide transportation development fees. 2. The City Council has previously adopted Resolution No. 07-160, establishing city- wide transportation fees as authorized by Ordinance No. 445. 3. The City's Engineering Services Department is responsible for reviewing the continued need for the described capital improvements, and revising the cost estimates and fees when appropriate. 4. On June 4, 2014, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the fee revision adopted herein. 5. The revised cost estimates and fee calculations applicable to the fee revision herein were presented to a the City Council at an open and public meeting on May 7, 2014, at which members of the public were able to present written and oral comments regarding the revised fees, and the report regarding the revised fees was available for public inspection and review ten (10) days prior to that public meeting. The fee revision adopted herein is based on that report, which is incorporated herein by this reference. 6. It is a requirement of the Development Mitigation Program approved by the San Bernardino County Congestion Management Agency (CMA) that project costs and fees, including transportation development fees, be updated annually. 7. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION The City Council of the City of Rancho Cucamonga hereby finds, declares, and resolves as follows: 1. The facts set forth in the Recitals, above, are true and correct. 2. The City Council hereby further finds as follows: a. The purpose of the fee revision herein is to finance transportation improvements needed to mitigate the impacts of traffic generated by new development. RESOLUTION NO. 14-102 — Page 1 P707 b. The fees collected pursuant to this Resolution shall be used to finance only the public facilities described or identified in Exhibit "A", attached hereto and incorporated herein by this reference. c. The construction of the described or identified public facilities is consistent with the Circulation Element of the City's General Plan. d. There is a reasonable relationship between the need for the described or identified public facilities, and the mitigation of traffic impacts associated with new development. e. There is a reasonable relationship between the amount of the fee shown in Exhibit "B," attached hereto and incorporated herein by this reference, and the type of development for which the fee is charged. f. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the transportation development fees expected to be generated by new development will not exceed the total of these costs. 3. The following defined terms shall have the meaning set forth in this numbered paragraph: a. "Development projects"shall mean construction of residential, commercial, industrial, office, or other non-residential improvements, or the addition of floor space to existing improvements. A "development project" includes any project involving the issuance of a building permit for construction or reconstruction. b. "Exempted development" shall mean a floor space addition to an existing residential building, and the following types of uses: public schools, colleges, libraries, churches, parks, county jail, or sports complex. c. "Equivalent dwelling unit" or"EDU", is used to convert all types of land uses into an equivalent unit that enables Nexus fees to be tabulated as dollars per EDU. One residential single family detached housing unit is equal to one EDU. 4. Payment of Fee: The revised Transportation Development Fee shall be paid prior to issuance of any building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. The City Engineer shall determine the amount of the fee based upon the size and type of development. 5. Fee Schedule: The amount of the revised Transportation Development Fee was determined to be $9,002 per EDU. The calculations used to make this determination are shown in the attached Exhibit "C", which is hereby incorporated in full by this reference. 6. EDU / Land Use Equivalent Schedule: The calculation of EDU for each land use is based on the trip generation rates shown in the ITE Trip Generation Manual, 5th Edition. The EDU for each identified land use type is as follows: Land Use Type EDU • Residential — Single Family Detached Unit 1.0 EDU Residential — Multiple Family Attached Unit 0.6 EDU Apartment or Condominium —Attached Unit 0.6 EDU RESOLUTION NO. 14-102 — Page 2 P7O8 Senior Housing Attached (Condo or Apartment) — 0.2 EDU Per Bedroom Nursing / Congregate Care — Per Bed 0.2 EDU Commercial — Per 1,000 Square Feet 1.5 EDU Office/ Business Park — Per 1,000 Square Feet 1.2 EDU Industrial — Per 1,000 Square Feet 0.6 EDU Warehouse — Per 1,000 Square Feet 0.5 EDU Hotel / Motel — Per Room 0.8 EDU Day Care — Per Student 0.25 EDU Self-Storage — Per Unit 0.02 EDU Service Station — Per Pump 5.0 EDU • 7. Use of Fee: The Transportation Development Fee shall be solely used to pay for the public facilities described in Exhibit"A", or for reimbursing the City for development's fair share of those capital improvements already constructed by the City, or to reimburse other developers who have constructed public facilities described in Exhibit "A". 8. Administration Fee: The City shall include an Administration Fee in the amount of 15% of the total project cost for the management of the Transportation Fee Program. 9. Fee Review: The Engineering Services Department shall review the estimated cost of the described capital improvements, the continued need for these improvements, and the reasonable relationship between such need and the traffic impacts of the various types of development pending or anticipated and for which the fee is charged. The City Engineer shall report the findings to the City Council at a noticed public hearing, and recommend any adjustment to this fee or other action as may be needed. 10. Effective Date: This Resolution shall take effect upon adoption, provided that the fees as herein adopted, described, and amended shall not be collected by the City until September 1, 2014. 11. Judicial Action to Challenge This Resolution: Any judicial action proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days of its adoption. • 12. Certification: The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 14-102 — Page 3 P709 RESOLUTION NO. 14-102 EXHIBIT "A" TRANSPORTATION FEE PROGRAM PROJECTS & PROJECT COSTS _Freewayfterchanges 7.747.? 771'7-1,7-777, _ ,7 Project Estimate Fl Base Line Road at I-15 Freeway -Widen NB & SB On-Ramps $340,000 F2 Foothill Boulevard at 1-15 Freeway-Widen NB & SB On-Ramps $1,105,000 F3 Base Line Road at I-15 Freeway - Interchange Improvements $20,500,000 F4 Arrow Route at 1-15 Freeway - Interchange $41,100,000 F5 Grove Avenue/4th Street at 1-10 Freeway- Interchange Improvements $4,500,000 Total: $67,545,000 Railroad Grade Separations and Crossings ^_ Project Estimate R1 Haven Avenue at Metrolink Crossing - Grade Separation $10,840,000 R2 6th Street W/O Lucas Ranch Road - Improve RXR Crossing Gates $880,000 R3 6th Street E/O Santa Anita Avenue- Install new RXR Crossing Gates $880,000 R4 Hellman Avenue at 8th Street- Upgrade Existing RXR Crossing Gates $880,000 Total: $13,480,000 Bridges__ w ;: .: 1 Project Estimate B1 6th Street at Cucamonga Creek Channel -Widen Existing Bridge $2,050,000 B2 9th Street at Cucamonga Creek Channel -Widen Existing Bridge $972,000 B3 Arrow Route at Etiwanda Ditch -Widen Existing Bridge $954,000 B4 Banyan Street at Etiwanda Creek Channel - Bridge $1,086,000 B5 Hellman Avenue at Cucamonga Creek Channel -Widen Existing Bridge $6,203,000 B6 Whitram Avenue at Etiwanda Ditch - Bridge $1,196,000 B7 Wilson Avenue at Day Creek Channel - Bridge $1,231,000 B8 Wilson Avenue at Etiwanda Creek Channel - Bridge $2,073,000 Total: $15,765,000 RESOLUTION NO. 14-102 — Page 4 • • P710 streets , Project Estimate S1 6th Street - Santa Anta Avenue to Etiwanda Avenue- Backbone $666,000 S2 Arrow Route- Grove Avenue to Baker Avenue -Widen 2 to 4 Lanes $1,347,000 S3 Arrow Route- 500' E/O 1-15 Fwy to 1,300' E/O 1-15 Fwy -Widen South Side $1,118,000 S4 Banyan Street- Etiwanda Avenue to East Avenue -Widen North Side $987,000 55 Banyan Street- East Avenue to Wardman Bullock Road - New Alignment $8,139,000 S6 Base Line Road - Etiwanda Avenue to 1-15 Fwy -Widen North Side 2 to 3 Lanes $983,000 S7 Cherry Avenue -Wilson Avenue to 1-15 Freeway -Widen West Side $1,191,000 S8 Church Street-Archibald Avenue to Haven Avenue-Widen 2 to 4 Lanes $1,276,000 S9 East Avenue - 1-15 to Victoria Street-Various Bottlenecks $816,000 S10 East Avenue - Fire Station to Wilson - New $1,295,000 511 East Avenue -Wilson Avenue to North Rim Way - New $438,000 S12 Etiwanda Avenue -6th Street to Arrow Route -Widen 2 to 4 Lanes $4,125,000 S13 Etiwanda Avenue - Miller Avenue to 850' N/O Miller Avenue -Widen East Side $282,000 S14 Etiwanda Avenue - Banyan St. to Wilson Ave. -Curb and Gutter East Side Only $929,000 S15 Etiwanda Avenue - Existing Northern Terminus to North Rim Way - New $525,000 S16 Foothill Boulevard - Vineyard Avenue to Hellman Avenue-Widen 4 to 6 Lanes $1,204,000 S17 Foothill Boulevard - Hellrhan Ave. to 700' E/O Hellman Ave. -Widen N/S Only $1,930,000 518 Foothill Boulevard at Archibald Avenue -Widen Intersection $7,245,000 S19 Foothill Boulevard -Archibald Avenue to Hermosa Avenue -Widen 4 to 6 Lanes $1,959,000 S20 Grove Avenue -8th Street to Tapia Via -Widen 1 to 2 Lanes East Side Only $1,074,000 S21 Grove Avenue - San Bernardino Rd to Foothill Blvd -Widen 1-2 Lanes E/S Only $661,000 S22 Haven Avenue - Base Line Road to 1-210 Freeway -Widen West Side Only $12,338,000 S23 Lower Crest Road - Etiwanda Avenue to East Avenue - New $1,606,000 S24 Miller Avenue- Etiwanda Avenue to East Avenue -Widen 2 to 4 Lanes $2,426,000 S25 Milliken Avenue - 5th Street to 700' 5/0 5th Street-Widen West Side Only $305,000 S26 Victoria Street— E. P.L. of Etiwanda H.S. to 1-15 Fwy- Improve Both Shoulders $294,000 S27 Vintage Drive- Etiwanda Avenue to 1,300' W/O Etiwanda Avenue - New $860,000 S28 Wilson Avenue - Milliken Avenue to Day Creek Boulevard - New $6,824,000 S29 Wilson Avenue - Etiwanda Avenue to East Avenue - Backbone Only _ $565,000 S30 Wilson Avenue - East Avenue to Wardman Bullock Road - New $6,000,000 S31 Youngs Canyon -Cherry Avenue to Wardman Bullock- New $9,400,000 Total: $78,808,000 • RESOLUTION NO. 14-102 — Page 5 P711 Traffic Sign/s_ Project Estimate T1 4th Street at Richmond Place $350,000 T2 4th Street at Utica Avenue $350,000 T3 6th Street at Buffalo Avenue $350,000 T4 6th Street at Cleveland Avenue $350,000 T5 6th Street at Etiwanda Avenue $350,000 T6 6th Street at Hellman Avenue $350,000 T7 6th Street at Pittsburgh Avenue $350,000 T8 6th Street at Rochester Avenue $350,000 T9 6th Street at Santa Anita Avenue $350,000 T10 6th Street at Utica Avenue $350,000 T11 Archibald Avenue at Banyan Street $350,000 T12 Archibald Avenue at San Bernardino Road $350,000 T13 Archibald Avenue at Victoria Street $350,000 T14 Archibald Avenue at Wilson Avenue $350,000 T15 Arrow Route at Center Avenue $350,000 T16 Banyan Street at Rochester Avenue $350,000 T17 Banyan Street at Wardman Bullock Road $350,000 T18 Base Line Road at San Carmela Court $350,000 T19 Base Line Road at Shelby Place $350,000 T20 Carnelian Street at Banyan Street $350,000 121 Carnelian Street at Wilson Avenue $350,000 T22 Cherry Avenue at Youngs Canyon Road $350,000 T23 Church Street at Elm Avenue $350,000 T24 Church Street at Mayten Avenue $350,000 T25 Church Street at Ramona Avenue $350,000 T26 Church Street at Terra Vista Parkway $350,000 T27 Civic Center Drive at Red Oak Street $350,000 T28 Ridgeline Place at Wilson Avenue $350,000 T29 Day Creek Boulevard at Madrigal Place $350,000 T30 Day Creek Boulevard at Wilson Avenue $350,000 T31 East Avenue at Miller Avenue $350,000 T32 East Avenue at Highland Avenue $350,000 T33 Etiwanda Avenue at Garcia Drive $350,000 T34 Etiwanda Avenue at Whittram Avenue $350,000 T35 Foothill Boulevard at Cornwall Court $350,000 T36 Foothill Boulevard at East Avenue $350,000 T37 Foothill Boulevard at Malachite Avenue $350,000 T38 Haven Avenue at Trademark Street $350,000 T39 Haven Avenue at Valencia Avenue $350,000 RESOLUTION NO. 14-102 - Page 6 P712 Project Estimate T40 Haven Avenue at Wilson Avenue $350,000 T41 Hellman Avenue at 8th Street $350,000 T42 Hermosa Avenue at Church Street $350,000 T43 Milliken Avenue at 5th Street $350,000 T44 Milliken Avenue at Wilson Avenue $350,000 T45 Rochester Avenue at Jersey Boulevard $350,000 T46 Spruce Avenue at Elm Avenue $350,000 T47 Spruce Avenue at Mountain View Drive $350,000 T48 Spruce Avenue_at Red Oak Street I $350,000 T49 Terra Vista Parkway at Spruce Avenue $350,000 T50 Terra Vista Parkway at Town Center Drive $350,000 T51 Town Center Drive at Elm Avenue $350,000 T52 Wilson Avenue at East Avenue $350,000 T53 Wilson Avenue at Etiwanda Avenue $350,000 T54 Wilson Avenue at Etiwanda Avenue (West) $350,000 T55 Wilson Avenue at San Sevaine Road $350,000 T56 Wilson Avenue at Wardman Bullock Road $350,000 T57 Wilson Avenue at Canistel Avenue $350,000 T58 4th Street at Golden Lock Road - Left Turn Phasing Upgrade $25,000 T59 Archibald Avenue at Banyan Street- Left Turn Phasing Upgrade $25,000 T60 Arrow Route at Etiwanda Avenue- Left Turn Phasing Upgrade $50,000 T61 Arrow Route at Red Oak Street Left Turn Phasing Upgrade $25,000 T62 Arrow Route at White Oak Street - Left Turn Phasing Upgrade $25,000 T63 Banyan Street at East Avenue - Left Turn Phasing Upgrade $25,000 T64 Base Line Road at Mountain View Drive - Left Turn Phasing Upgrade $25,000 T65 Base Line Road at Spruce Avenue - Left Turn Phasing Upgrade $25,000 T66 Base Line Road at Valencia Avenue- Left Turn Phasing Upgrade $25,000 T67 Day Creek Boulevard at Silverberry Street- Left Turn Phasing Upgrade $25,000 T68 Day Creek Boulevard at Sugar Gum Street- Left Turn Phasing Upgrade $25,000 T69 Day Creek Boulevard at Victoria Park Lane- Left Turn Phasing Upgrade $25,000 T70 Milliken Avenue at Millenium Court- Left Turn Phasing Upgrade $25,000 • T71 Milliken Avenue at Mountain View Drive- Left Turn Phasing Upgrade $25,000 T72 Milliken Avenue at Terra Vista Parkway - Left Turn Phasing Upgrade $25,000 T73 Milliken Avenue at Victoria Park Lane - Left Turn Phasing Upgrade $25,000 T74 Milliken Avenue at Vintage Drive - Left Turn Phasing Upgrade $25,000 Total: $19,600,000 Signal Interconnect System Project Estimate SI1 Signal Interconnect System $7,700,000 Total: $7,700,000 RESOLUTION NO. 14-102 - Page 7 P713 Program Totals Category Estimate Freeway Interchanges $67,545,000 Railroad Grade Separations and Crossings $13,480,000 Bridges $15,765,000 Streets $78,808,000 Traffic Signals $19,600,000 Signal Interconnect System $7,700,000 Total: $202,898,000 DlF Program Cost wy a , -1377. ° 7 v 1 -71 Item Estimate Program Total $202,898,000 Less Fund Balance as of 2005 -$20,000,000 Sub-Total $182,898,000 Administration Fee (15%) $27,434,700 Total: $210,332,700 RESOLUTION NO. 14-102 — Page 8 P714 RESOLUTION NO. 14-102 EXHIBIT "B" TRANSPORTATION DEVELOPMENT FEES Land Use Type Fee Residential — Single Family Detached Unit $9,002 Residential — Multiple Family Attached Unit $5,401 Apartment or Condominium —Attached Unit $5,401 Senior Housing Attached (Condo or Apartment) — $1,800 Per Bedroom Nursing / Congregate Care — Per Bed $1,800 Commercial — Per 1,000 Square Feet $13,503 Office / Business Park — Per 1,000 Square Feet $10,802 Industrial — Per 1,000 Square Feet $5,401 Warehouse — Per 1,000 Square Feet $4,501 Hotel / Motel — Per Room $7,202 Day Care — Per Student $2,251 Self-Storage — Per Unit $180 Service Station — Per Pump $45,010 RESOLUTION NO. 14-102 — Page 9 P715 RESOLUTION NO. 14-102 EXHIBIT "C" TRANSPORTATION FEE PROGRAM CALCULATIONS Vacant Land as ofFebruary 2005 . ..,, w,; Vacant Residential Property = 950 acres Single Family Dwelling Units (SFDU) = 5,363 units Multi-Family Dwelling Units (MFDU) = 5,248 units Vacant Industrial Property = 719 acres = 31,319,640 square feet Assuming that the average floor area ratio for General Industrial is 0.5, then the future square footage of industrial development is 31,319,640 square feet x 0.5 = 15,659,820 square feet. Vacant Commercial Property = 334 acres = 14,549,040 square feet Assuming that the average floor area ratio for General Commercial is 0.25, then the future square footage of commercial development is 14,549,040 square feet x 0.25 = 3,637,260 square feet. •Equivalent Dwelling Umts(EDU)per Land Use Different types of land uses have different traffic trip generation rates. In order for nexus fees to be tabulated for each type of land use, the "Equivalent Dwelling Units" or EDU for each type of land use must first be determined. The calculation of a particular land use type's EDU is based on the traffic trip generation rate for that land use from the ITE Trip Generation Manual. Per City Resolution No. 91-092, the EDU for various land uses was determined to be as follows: Land Use Type EDU Residential— Single Family Detached Unit 1.0 EDU Residential— Multiple Family Attached Unit 0.6 EDU Apartment or Condominium—Attached Unit 0.6 EDU Senior Housing Attached (Condo or Apartment)— Per Bedroom 0.2 EDU Nursing / Congregate Care—Per Bed 0.2 EDU Commercial— Per 1,000 Square Feet 1.5 EDU Office/ Business Park— Per 1,000 Square Feet 1.2 EDU Industrial — Per 1,000 Square Feet 0.6 EDU Warehouse— Per 1,000 Square Feet 0.5 EDU Hotel/ Motel— Per Room 0.8 EDU Day Care— Per Student 0.25 EDU Self-Storage— Per Unit 0.02 EDU Service Station— Per Pump 5.0 EDU RESOLUTION NO. 14-102 — Page 10 • P716 ' Total Future Equivalent Dwelling Units(EDU) L _ �_ Vacant Land EDU by Future Land Use Equivalent as of February 2005 Land Use Dwelling Units Single-Family Dwelling Unit 5,363 Units 1.00 5,363 Multi-Family Dwelling Unit 5,248 Units 0.60 3,149 Industrial Park (per 1,000 SF) 15,659,820 Square Feet 0.60 9,396 Commercial (per 1,000 SF) 3,637,260 Square Feet 1.50 5,455 Total Future EDU 23,363 Calculate Cost per Equivalent Dwelling Unrt(EDU)^ ^ „ _. -, ., { Item Fees Total Cost of Projects $210,332,700 Total Future EDU (as of February 2005) 23,363 Cost per EDU $9,002 Calculate Transportation Development Feesmby Land.Use Item . EDU by Fees Land Use Residential — Single Family Detached Unit 1.0 $9,002 Residential — Multiple Family Attached Unit 0.6 $5,401 Apartment or Condominium—Attached Unit 0.6 $5,401 Senior Housing Attached (Condo or Apartment) — Per Bedroom 0.2 $1,800 Nursing / Congregate Care— Per Bed 0.2 $1,800 Commercial— Per 1,000 Square Feet 1.5 $13,503 Office/ Business Park— Per 1,000 Square Feet 1.2 $10,802 Industrial— Per 1,000 Square Feet 0.6 $5,401 Warehouse— Per 1,000 Square Feet 0.5 $4,501 Hotel/ Motel— Per Room 0.8 $7,202 Day Care—Per Student 0.25 $2,251 Self-Storage— Per Unit 0.02 $180 Service Station— Per Pump 5.0 $45,010 RESOLUTION NO. 14-102 - Page 11 P717 RESOLUTION NO. 14-128 A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL ESTABLISHING THE AMOUNT OF DEVELOPMENT IMPACT FEES FOR COMMUNITY AND RECREATION CENTER, LIBRARY, ANIMAL CENTER, POLICE, AND PARK IN-LIEU/PARK IMPACT FEES. A. Recitals. 1. The City Council of the City of Rancho Cucamonga ("City Council") adopted Ordinance 865 on June 18, 2014, creating and establishing the authority for imposing and charging city-wide development impact fees for community and recreation center, library, animal center, police, and park in-lieu/park impact • fees (collectively, "Development Impact Fees"). 2. On June 4, 2014, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning establishment of the Development Impact Fees. 3. The cost estimates and fee calculations applicable to the establishment of the Development Impact Fees were presented to a the City Council at an open and public meeting on June 4, 2014, at which members of the public were able to present written and oral comments regarding the revised fees, and the a report regarding the fees was available for public inspection and review ten (10) days prior to that public meeting. The Development Impact Fees established herein are based on that report, which is incorporated herein by this reference. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. The City Council of the City of Rancho Cucamonga finds and resolves as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby further finds as follows: a. The purpose of the Development Impact Fees established herein is to finance public facility improvements needed to mitigate the impacts generated by new development. b. The fees collected pursuant to this Resolution shall be used to finance only the public facilities described or identified in Ordinance 865. c. The construction of the described or identified public facilities in Ordinance 865 is consistent with the City's General Plan. d. There is a reasonable relationship between the need for the described or identified public facilities, and the mitigation of impacts associated with new development. e. There is a reasonable relationship between the amount of the fees shown in Exhibit "A," attached hereto and incorporated herein by this reference, and the type of development for which the Development Impact Fees will be charged. Resolution No. 14-128 - Page 1 of 3 P718 f. The cost estimates established in accord with Ordinance 865 are reasonable cost estimates for constructing these facilities, and the Development Impact Fees expected to be generated by new development will not exceed the total of these costs. 3. Payment of Fee: The Development Impact Fees shall be paid prior to issuance of any building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State regulations. The City Engineer shall determine the amount of the fee based upon the size and type of development in accordance with Ordinance 865 and this Resolution. 4. Effective Date. The effective date of the Development Impact Fees, the amount of which are established this Resolution, shall be in accord with the effective dates of the relevant provisions of Ordinance 865 establishing each respective Development Impact Fee. 5. Judicial Action to Challenge This Resolution: Any judicial action proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days of its adoption. 6. Certification: The City Clerk shall certify to the adoption of this Resolution. Resolution No. 14-128 - Page 2 of 3 Exhibit "A" P719 Part 1. Library Impact Fee (per dwelling unit) Residential, Single Family (Detached) $ 576.98 Residential, Multi Family (Attached) $ 393.02 Assisted Living Facilities $ 183.97 Animal Center Impact Fee (per dwelling unit) Residential, Single Family (Detached) $ 124.29 Residential, Multi Family (Attached) $ 84.66 Police Impact Fee Residential, Single Family (Detached) (per dwelling unit) $ 172.00 Residential, Multi Family (Attached) (per dwelling unit) $ 194.92 Assisted Living Facilities (per dwelling unit) $ 41.34 Commercial/Retail KSF $ 530.67 Office KSF $ 122.38 Industrial KSF $ 46.10 Hotel/Motel per Room $ 65.10 Each fee set forth in Part 1. shall be adjusted annually, commencing on July 1, 2016, and each year thereafter, without further action of the City Council, according to the percentage change in the Engineering News Record Construction Cost Index for the Los Angeles Area, for the 12-month period ending on December 31st of the immediately preceding year. If the Engineering News Record Construction Cost Index for the Los Angeles Area is discontinued, then the replacement index in use and accepted as the industry and business standard for Southern California, as determined by the City Council, shall be utilized. Part 2. Park In-Lieu/Park Impact (per dwelling unit) Park Land Acquisition In Lieu Fee (In Subdivisions) Residential, Single Family (Detached) $ 5,226.75 Residential, Multi Family (Attached) $ 3,560.25 Park Land Acquisition Impact Fee (No Subdivision) Residential, Single Family (Detached) $ 4,329.54 Residential, Multi Family (Attached) $ 2,949.11 Assisted Living Facility $ 1,380.43 Park Improvement Impact Fee (All Residential Development) (per dwelling unit) Residential, Single Family (Detached) $ 2,546.53 Residential, Multi Family (Attached) $ 1,734.59 Assisted Living Facility $ 811.94 Community and Recreation Center Impact Fee (per dwelling unit) Residential, Single Family (Detached) $ 1,737.19 Residential, Multi Family (Attached) $ 1,183.30 • Assisted Living Facility $ 553.89 Each fee set forth in Part 2 shall be adjusted annually, commencing on July 1, 2016, and each year thereafter, without further action of the City Council, according to the percentage change in the Engineering News Record Construction Cost Index for the Los Angeles Area, for the 12-month period ending on December 31st of the immediately preceding year. If the Engineering News Record Construction Cost Index for the Los Angeles Area is discontinued, then the replacement index in use and accepted as the industry and business standard for Southern California, as determined by the City Council, shall be utilized. Resolution No. 14-128 - Page 3 of 3 P720 STAFF REPORT ADMINISTRATIVE SERVICES GROUP LINO RANCHO Date: July 16, 2014 CUCAMONGA • To: Mayor and Members of City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Ingrid Y. Bruce, GIS/Special Districts Manage t,12. Subject: APPROVAL OF A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS FOR COMMUNITY FACILITIES DISTRICT NO.2000-03(RANCHO SUMMIT)SPECIAL TAX REFUNDING BONDS,SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$8,500,000(EIGHT MILLION, FIVE HUNDRED THOUSAND DOLLARS)AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS. RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the issuance of Bonds for Community Facilities District No. 2000-03 Special Tax Refunding Bonds, Series 2014 in an aggregate principal amount not to exceed $8,500,000 (eight million, five hundred thousand dollars) (the "Refunding Bonds") and the defeasance and refunding of prior special tax bonds, approving the form of a Fiscal Agent Agreement, Escrow Deposit and Trust Agreement, and other documents, and authorizing certain actions in connection with the issuance of such revenue bonds. BACKGROUND Community Facilities District No. 2000-03 (Rancho Summit) ("CFD No. 2000-03") was originally formed in October 2000. In 2005, the City of Rancho Cucamonga CFD No. 2000-03 2005 Special Tax Bonds (the "Prior Special Tax Bonds") in the amount of $9.8 million were issued to finance various park improvements at Rancho Summit, Legacy and Olive Grove Parks. Pursuant to the Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy special taxes on properties in this District to pay debt service on the bonds. The City Council, acting for and on behalf of itself and in its capacity as the legislative body of the CFD 2000-03, is being asked to consider authorizing the issuance of Refunding Bonds for the purpose of refunding the Prior Special Tax Bonds. By taking advantage of favorable interest rates in the bond market, the goal of the refunding is to reduce the required special taxes for the property owners that live in CFD No. 2000-03, while not extending the life of the debt service. Staff is recommending a private placement of the Refunding Bonds. Shifts in interest rates and market conditions have made a private placement to a bank an alternative that results in higher savings for the taxpayers. The private placement provides a lower cost of issuance and the opportunity to reduce reserve fund requirement to approximately 50% of the amount that would be typically required in a public sale resulting in additional annual cash flow savings. In comparison, public issuance of the Refunding Bonds would have a higher cost of issuance and a reserve fund requirement at 100% of the maximum annual debt service. Based on current market conditions, the public sale could have a borrowing cost as much as 15 to 20 basis points higher than a private placement. Finally, a private placement can also be accomplished more expeditiously than a public sale so as to enable the City and District to take advantage of these favorable market conditions. P721 Approval of a Resolution Authorizing the Issuance of Bonds for CFD 2000-03 July 16, 2014 Page 2 The City has entered into a term sheet with Municipal Finance Corporation, the agent to City National Bank (the "Purchaser") which has set the interest rate on the Refunding Bonds at 4.10%, fixed through maturity (September 1, 2035). The anticipated savings projected to result from the refunding will be generated from the interest rate savings provided by the private placement of the Refunding Bonds with the Purchaser. Based upon pro formas run to date, the refunding has the potential of saving the property owners of approximately $71,000 annually over the remaining life of the bond issue. For the reasons stated above, staff is recommending approval of the attached resolution and sale of the special tax refunding bonds. By approving the attached resolution the City Council will be: • Approving the issuance of the Special Tax Refunding Bonds; • Approving the form of the following agreements: o Fiscal Agent Agreement to establish the terms and conditions pursuant to which the Special Tax Refunding Bonds will be issued and administered; o Escrow Deposit and Trust Agreement to establish the terms and conditions pursuant to which the Prior Special Tax Bonds will be defeased and refunded. • Authorizing the City Manager and Assistant City Manager to execute the various agreements and the City Manager, Assistant City Manager, Deputy City Manager and the Finance Director to execute the various other documents subject to the pricing of the Special Tax Refunding Bonds meeting the financial parameters included in the resolution. Attachments 1. Resolution 2. Fiscal Agent Agreement 3. Escrow Deposit and Trust Agreement P722 RESOLUTION NO. 14-127 RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO CUCAMONGA AUTHORIZING THE ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) SPECIAL TAX REFUNDING BONDS, SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,500,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT; APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AN ESCROW DEPOSIT AND TRUST AGREEMENT AND AUTHORIZING THE DIRECT SALE OF THE BONDS TO CITY NATIONAL BANK AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS WHEREAS, the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the "District") was originally established on September 20,2000 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311 et seq. of the California Government Code) (the "Act"), by adoption by the City Council (the "City Council") of City of Rancho Cucamonga (the "City") of Resolution No. 00-190; and WHEREAS, under the provisions of the Act, on September 21 , 2000, the City Council also adopted Resolution No. 00-191 which resolution, among other matters, expressed the determination of the City Council of the necessity to issue special tax bonds in the maximum aggregate principal amount of $3,000,000 for the District; WHEREAS, subsequent to the adoption of Resolution Nos. 00-190 and 00- 191, the City Council initiated proceedings in 2005 to consider modifications to the facilities authorized to be financed the District, the rate and method of apportionment of special taxes authorized to be levied within the District and the authorized bonded indebtedness of the District (the "Modification Proceedings"); and WHEREAS, on June 15, 2005, consolidated special elections were held within the District as a part of the Modification Proceedings and there was submitted to the qualified voters of the District, among other propositions to revise the facilities authorized to be financed by the District and to revise the rate and method of apportionment of the special taxes authorized to be levied with the District, the proposition of whether to authorize the increase the bonded indebtedness authorized to be incurred by the District from $3,000,000 to an aggregate principal amount not to exceed $10,000,000 for the purpose of providing public facilities for the benefit of the District, and more than two-thirds of the votes cast in such consolidated special elections were cast in favor of incurring such bonded indebtedness, and the District was therefore authorized to issue bonds in an aggregate principal amount not to exceed$10,000,000 for the purposes set forth in said proposition; and P723 WHEREAS, on September 21, 2005, the City Council adopted Resolution No. 05-278 authorizing the issuance and sale of bonds of the District pursuant to the Fiscal Agent Agreement, dated as of September 1, 2005 (the "Prior Fiscal Agent Agreement"), by and between the City, for and on behalf of the District, and Wells Fargo Bank, National Association, as fiscal agent (the "Prior Fiscal Agent"), designated the "City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds (the "Prior Special Tax Bonds"), for the purpose of funding the acquisition, rehabilitation and construction of certain public improvements for the benefit of the District; and WHEREAS, on October 18, 2005, the Prior Special Tax Bonds were issued in the aggregate principal amount of $9,835,000; and WHEREAS, the Prior Special Tax Bonds are outstanding in the aggregate principal amount of $8,575,000; and WHEREAS, as a result of a combination of more favorable conditions in the municipal bond market and the level of development and increase in value of the properties within the District, the City Council has determined that it is necessary that bonds of the District to be designated "City of Rancho Cucamonga Community Facilities District No. 2000-03 Special Tax Refunding Bonds, Series 2014" be issued in an aggregate principal amount that will not exceed $8,500,000 (the "Bonds") for the purpose of defeasing and refunding the Prior Special Tax Bonds in order to provide debt service savings and reduce the levy of the special taxes within the District; and WHEREAS, the Bonds shall be issued pursuant to the terms and provisions of the Act and the statement of goals and policies of the City Council regarding the establishment of community facilities districts, as amended to date (the "Goals and Policies"); and WHEREAS, payment of the principal of and interest on the Bonds will be secured by special taxes to be levied on parcels of taxable property in the District (the "Special Taxes"); and WHEREAS, pursuant to Section 53345.8 of the California Government Code, the City Council, as the legislative body of the District, may sell bonds of the District only if it determines prior to the award of the sale of such bonds that the value of the real property that would be subject to the special tax to pay debt service on such bonds will be at least three (3) times the principal amount of such bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the District; and WHEREAS, David Taussig & Associates, the special tax consultant to the City, has determined, based on a review of the San Bernardino County Assessor's Assessment Roll for fiscal year 2013-2014, that the total assessed value of taxable property in the District is $152,727,954; and 2 P724 WHEREAS, upon the issuance of the Bonds and the deposit of the appropriate portion of the proceeds of the sale of the Bonds in the escrow fund to be established to accomplish the defeasance and refunding of the Prior Special Tax Bonds, the Prior Special Tax Bonds will be defeased and the property in the District will no longer be subject to the levy of special taxes to pay debt service on the Prior Special Tax Bonds; and WHEREAS, if the Bonds are issued and sold in an aggregate principal amount that does not exceed $8,500,000, the value of the parcels of real property within the District that will be subject to the levy of the Special Taxes will be more than three (3) times the principal amount of the Bonds and the principal amount of all other bonds outstanding, if any, that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the District; and WHEREAS, there will be no other bonds outstanding, other than the Bonds, that are secured by a special tax or a special assessment levied on property within the District; and WHEREAS, the City financing team is recommending the direct sale of the Bonds to City National Bank (the "Purchaser") pursuant to the terms set forth in the term sheet dated June 18, 2014 (the "Term Letter") from Municipal Finance Corporation ("Municipal Finance"), as the representative of the Purchaser, and the Purchaser subject to the terms and conditions set forth in this Resolution; and WHEREAS, there has also been presented to the City Council a form of Fiscal Agent Agreement with respect to the Bonds (the "Fiscal Agent Agreement") to be executed and delivered by the City, acting for and on behalf of the District, and Wells Fargo Bank, National Association, as Fiscal Agent, whereby the Fiscal Agent will authenticate and deliver the Bonds and perform certain other duties; and WHEREAS, there has also been presented to the City Council a form of Escrow Deposit and Trust Agreement with respect to the Prior Special Tax Bonds (the "Escrow Agreement") to be executed and delivered by the City, the District and Wells Fargo Bank, National Association, as Escrow Bank, whereby the Escrow Bank will receive a portion of the proceeds of the sale of the Bonds and certain funds related to the Prior Special Tax Bonds that will be deposited in an escrow fund to provide for the defeasance and redemption of the Prior Special Tax Bonds, and will perform certain other duties; and WHEREAS, the City Council has considered the forms of the Fiscal Agent Agreement and the Escrow Agreement, and has determined that it is in the best interest of the owners of property in and the residents of the District that the City Council authorize the issuance and sale of the Bonds and the execution and delivery of said agreements, subject to the conditions hereinafter contained; 3 P725 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, acting for and on behalf of the City and in its capacity as the legislative body of the District, as follows: Section 1. Findings. The City Council finds (a) that the preceding recitals are true and correct, (b) that the sale of the Bonds at private sale, without advertising for bids, will result in a lower overall cost to the District, (c) that if the Bonds are issued and sold in an aggregate principal amount that does not exceed $8,500,000, the value of the parcels of real property within the District that will be subject to the levy of the Special Taxes to pay the principal of and interest on the Bonds will be more than three (3) times the aggregate principal amount of the Bonds, and (d) that upon the issuance of the Bonds there will be no other bonds, other than the Bonds, that will be secured by a special tax or a special assessment levied on property within the District. In furtherance of the issuance of the Bonds, the City Council hereby makes the following further findings and determinations: (i) that it is prudent in the management of the fiscal affairs of the City, the City Council and the District to issue the Bonds for the purpose, inter alia, of refunding the Prior Special Tax Bonds on an current basis, (ii) that the total net interest cost to maturity on the portion of the Bonds being issued to refund the Prior Special Tax Bonds plus the principal amount of the portion of the Bonds being issued to refund the Prior Special Tax Bonds will not exceed the total net interest cost to maturity on the Prior Special Tax Bonds plus the principal amount of the Prior Special Tax Bonds, and (iii) that the issuance of the Bonds is in compliance with the City's Goals and Policies. For purposes of Section 53363.2 of the Act, the City Council hereby further finds and determines: (i) that it is expected that the purchase of the Bonds will occur on or before September 1, 2014, (ii) that the date, denomination, maturity dates, places of payment, terms of redemption and form of the Bonds shall be as set forth in the Fiscal Agent Agreement, as executed, (iii) that the annual interest rate cost to be paid on the Bonds shall not exceed four and one-tenth percent (4.10%); (iv) the place of payment for the Prior Special Tax Bonds shall be as set forth in the Prior Fiscal Agent Agreement; and (v) the designated costs of issuing the Bonds shall be as described in Sections 53363.8(a) and 53363.8(b) of the Act, and as otherwise described in the Fiscal Agent Agreement and in the closing certificates for the Bonds, including Bond Counsel, placement agent, Special Tax Consultant and Financial Advisor (defined below) fees and expenses, escrow verification costs, initial fiscal agent fees, and costs of City staff incurred in connection with the sale and issuance of the Bonds. • Section 2. Authorization of the Issuance of the Bonds. The City Council authorizes the issuance and sale of the Bonds in an aggregate principal amount that shall not exceed $8,500,000, and the City Manager and the Assistant City Manager are authorized and directed to take all steps and actions which are necessary to accomplish the issuance, sale and delivery of the Bonds pursuant to the authorization given by and the conditions specified in this resolution. The Mayor and the City Clerk of the City are authorized to execute the Bonds for and on behalf of the City and the District by their manual or facsimile signatures. The Bonds shall be dated as of their 4 P726 date of delivery pursuant to the Fiscal Agent Agreement. The last maturity date of the Bonds shall not be later than the last maturity date of any of the Prior Special Tax Bonds. Each of the Mayor (and in the absence of the Mayor, the Mayor Pro Tem) and the City Manager (and in the absence of the City Manager, the Assistant City Manager) (each, an "Authorized Representative"), acting singly and on behalf of the City or the District, as applicable, is hereby authorized and directed to execute and deliver the final form of the various agreements described in this Resolution, with such additions thereto or changes therein as such Authorized Representative may deem necessary and advisable; provided, however, that no additions or changes shall authorize an aggregate principal amount of the Bonds in excess of the amount specified in the preceding paragraph. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such agreements by an Authorized Representative, following consultation with and review by Best Best & Krieger LLP, as bond counsel ("Bond Counsel"). Section 3. Approval of Fiscal Agent Agreement. The Fiscal Agent Agreement which provides generally for (i) the authentication and delivery by the Fiscal Agent of the Bonds, (ii) the establishment and administration by the Fiscal Agent of certain funds and accounts for the benefit of the City and the owners of the Bonds, (Hi) the payment by the Fiscal Agent of the principal of and interest on the Bonds from the Special Tax Revenues (as defined therein), (iv) the performance of other duties by the Fiscal Agent and (v) the documents to be delivered upon the delivery of the Bonds to the Purchaser, is approved in substantially the form submitted to the City Council at the meeting at which this resolution is adopted, subject only to such changes as are authorized pursuant to Section 2 of this resolution. Section 4. Approval of Escrow Agreement. The Escrow Agreement which provides for (i) the defeasance and redemption of the Prior Special Tax Bonds, (ii) the creation and administration by the Escrow Bank of the Escrow Fund for the benefit of the owners of the Prior Special Tax Bonds, and (iii) the performance of other duties by the Escrow Bank, is approved substantially in the form presented to the City Council at the meeting at which this resolution is adopted, subject only to such changes as are authorized pursuant to Section 2 of this resolution. Notwithstanding the preceding provisions of this section, as required by Section 53363.9 of the California Government Code, the amount of the proceeds of the sale of the Bonds and other amounts to be deposited in the Escrow Fund, shall be in an amount sufficient to pay the principal of and interest on the Prior Special Tax Bonds on September 1, 2005 (or such other redemption date as may be determined in accordance with the terms of this resolution) and to pay the principal and redemption premium due on the Prior Special Tax Bonds on such date, and the designated costs of issuing the Bonds. Section 5. Issuance of Bonds. The City Council approves and authorizes the issuance and direct sale of the Bonds to the Purchaser pursuant to the 5 P727 Fiscal Agent Agreement and the Term Letter, together with any changes therein or additions thereto which are deemed advisable by the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director, upon consultation with Bond Counsel. An Authorized Representative is authorized and directed to execute and deliver the final form of the Fiscal Agent Agreement on behalf of the City and the District; provided that the interest rate on any maturity of the Bonds shall not exceed three and nine-tenths percent (3.90%) per annum; and the last maturity of date of the Bonds shall not be later than the last maturity date of the Prior Special Tax Bonds. No Authorized Representative shall approve the offer to purchase the Bonds, however, unless the total net interest cost to maturity of the Bonds plus the principal amount of the Bonds will be less than the total net interest cost to maturity with respect to the Prior Special Tax Bonds, plus the principal amounts of the Prior Special Tax Bonds, and before approving such offer, the Authorized Representative shall receive verbal verification from Fieldman Rolapp & Associates, as the financial advisor to the City and the District (the "Financial Advisor"), that such a total net interest cost and principal amount with respect to the Bonds will be achieved. Section 6. Reserve Fund and Other Funds Related to the Prior Special Tax Bonds. The City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director is authorized to direct the Prior Fiscal Agent, and said fiscal agent is authorized, to transfer the amount on deposit in the funds and accounts that are held by the Prior Fiscal Agent pursuant to the Prior Fiscal Agent Agreement, including the reserve fund and redemption fund established for the Prior Special Tax Bonds, in such amounts as shall be specified in written instructions, to be executed by such officer providing direction, to the Fiscal Agent for deposit in the Project Fund to be established pursuant to the Fiscal Agent Agreement and to the Escrow Bank for deposit in the Escrow Fund to be used to defease and redeem the Prior Special Tax Bonds. Section 7. Notice of Redemption. The City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director is authorized and directed to cause to be provided for mailing, and the Escrow Bank, is authorized to mail notice, of the redemption of Prior Special Tax Bonds to the registered owners thereof as required by Section 53365 of the California Government Code and the Prior Fiscal Agent Agreement. Pursuant to said Section 53365, the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director shall also provide for the mailing of, and the Escrow Bank shall mail notice of the redemption of the Prior Special Tax Bonds to the investment banking firm which was the original purchaser and underwriter of the Prior Special Tax Bonds. Section 8. Bond Issuance Services. The following entities are hereby appointed to provide professional services pertaining to the issuance of the Bonds: Wells Fargo Bank, National Association is appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement and as Escrow Bank pursuant to the Escrow Agreement; Best Best & Krieger LLP is appointed as Bond Counsel; Fieldman, Rolapp & Associates is 6 P728 appointed as Financial Advisor; David Taussig & Associates is appointed as Special Tax Consultant and Causey, Demgen & Moore Inc., certified public accountants, is appointed as Verification Agent. Section 9. Action. All actions heretofore taken by the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services, the Finance Director and the other officers and agents of the City, acting for and on behalf of the City or the District, with respect to the establishment of the District, and the sale and issuance of the Bonds are hereby approved, confirmed, and ratified, and the proper officers of the City, acting for and on behalf of the City or the District, as applicable, are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Act, this Resolution, the Fiscal Agent Agreement, the Escrow Agreement, and any certificate, agreement, contract, and other document described in the documents herein approved. Section 10. Conditions of Approval. The approvals, authorization and direction given by this resolution are conditioned upon the satisfaction of the requirements of Section 7 hereof with respect to the issuance and sale of the Bonds. The officers of the City designated above shall not take any action with respect to the execution and delivery of the Fiscal Agent Agreement and the Escrow Agreement, or the issuance, sale and delivery of the Bonds unless and until such conditions are satisfied; provided, however, that upon satisfaction of such conditions, this resolution shall be fully effective and shall be carried out by such officers without further approval or action of the City Council. The approvals, authorization and direction provided by this resolution shall continue, subject to the satisfaction of such conditions, until December 31, 2014, and the Bonds may be sold, and the Bonds, the Fiscal Agent Agreement and the Escrow Agreement, may be dated, entered into, executed and delivered or distributed, as appropriate, on any date selected by the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director and the Purchaser prior to said date. 7 P729 Section 13. Effective Date. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this day of July, 2014. 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 , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 09960.00000\9075388.2 8 P730 FISCAL AGENT AGREEMENT by and between CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Fiscal Agent and acknowledged and agreed to by CITY NATIONAL BANK, as the Original Purchaser Dated as of July I, 2014 Relating to: City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014 09960.00000\9073258.2 P731 TABLE OF CONTENTS Page FISCAL AGENT AGREEMENT 1 ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS 2 Section 1.01. Authority for this Agreement 2 Section 1.02. Agreement for Benefit of Bondowners 2 Section 1.03. Definitions 3 ARTICLE II THE BONDS 9 Section 2.01. Principal Amounts; Designations 9 Section 2.02. Terms of Bonds 9 Section 2.03. Redemption 10 Section 2.04. Form of Bonds 13 Section 2.05. Execution of Bonds 13 Section 2.06. Transfer of Bonds 14 Section 2.07. Exchange of Bonds 14 Section 2.08. Bond Register 15 Section 2.09. Temporary Bonds 15 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen 15 Section 2.11. Type and Nature of the Bonds; Limited Obligation 16 Section 2.12. Equality of Bonds and Pledge of Net Special Tax Revenues 16 Section 2.13. Description of Bonds; Interest Rates 16 Section 2.14. No Acceleration 17 Section 2.15. Additional Bonds 17 Section 2.16. Validity of the Bonds 17 • ARTICLE III ISSUANCE OF BONDS 17 Section 3.01. Issuance and Delivery of the Bonds 17 Section 3.02. Application of Proceeds of Sale of the Bonds and Transfers from the Prior Special Tax Bonds 17 Section 3.03. Special Tax Fund 18 Section 3.04. Costs of Issuance Fund 20 Section 3.05. Administrative Expense Fund 20 ARTICLE IV NET SPECIAL TAX REVENUES; BOND FUND 21 09960.00000\9073258.2 _i_ P732 TABLE OF CONTENTS (continued) Page Section 4.01. Pledge of Net Special Tax Revenues 21 Section 4.02. Bond Fund 21 Section 4.03. Establishment of Reserve Fund 22 ARTICLE V• OTHER COVENANTS OF THE DISTRICT 23 Section 5.01. Warranty 23 Section 5.02. Covenants 23 Section 5.03. Punctual Payment 23 Section 5.04. Limited Obligation 23 Section 5.05. Payment of Claims 23 Section 5.06. Extension of Time for Payment 24 Section 5.07. Against Encumbrances 24 Section 5.08. Books and Records 24 Section 5.09. Protection of Security and Rights of Owners 24 Section 5.10. Collection of Special Tax Revenues 24 Section 5.11. Further Assurances 25 Section 5.12. Tax Covenants 25 Section 5.13. Covenant to Foreclose 26 Section 5.14. Annual Reports to CDIAC 27 Section 5.15. Annual Reporting Requirements to Original Purchaser 27 Section 5.16. Public Access to Facilities 27 Section 5.17. Modification of Maximum Authorized Special Tax 27 Section 5.18. Covenant to Defend 27 ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE DISTRICT 28 Section 6.01. Deposit and Investment of Moneys in Funds 28 Section 6.02. Rebate Fund; Rebate to the United States 29 Section 6.03. Limited Obligation 29 Section 6.04. Liability of District 29 Section 6.05. Employment of Agents by District or the City 30 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BOND OWNERS 31 09960.00000\9073258.2 _ij_ P733 TABLE OF CONTENTS (continued) Page Section 7.01. Events of Default 31 Section 7.02. Remedies of Bond Owners 31 Section 7.03. Application of Special Taxes and Other Funds After Default 31 Section 7.04. Absolute Obligation of the District 32 Section 7.05. Termination of Proceedings 32 Section 7.06. Remedies Not Exclusive 33 Section 7.07. No Waiver of Default 33 Section 7.08. Attorney's Fees 33 ARTICLE VIII THE FISCAL AGENT 33 Section 8.01. Appointment of Fiscal Agent 33 Section 8.02. Liability of Fiscal Agent 34 Section 8.03. Information 35 Section 8.04. Notice to Fiscal Agent 35 Section 8.05. Compensation, Indemnification 36 ARTICLE IX MODIFICATION OR AMENDMENT OF THIS AGREEMENT 36 Section 9.01. Amendments Permitted 36 Section 9.02. Owners' Meetings 37 Section 9.03. Procedure for Amendment with Written Consent of Owners 37 Section 9.04. Disqualified Bonds 38 Section 9.05. Effect of Supplemental Agreement 38 Section 9.06. Endorsement or Replacement of Bonds Issued After Amendments 38 Section 9.07. Amendatory Endorsement of Bonds 38 ARTICLE X MISCELLANEOUS 39 Section 10.01. Benefits of Agreement Limited to Parties 39 Section 10.02. Cancellation of Bonds 39 Section 10.03. Successor is Deemed Included in All References to Predecessor 39 Section 10.04. Execution of Documents and Proof of Ownership by Owners 39 Section 10.05. Waiver of Personal Liability 40 Section 10.06. Notices to and Demands on District and Fiscal Agent 40 09960.00000\9073258.2 _iii_ P734 TABLE OF CONTENTS (continued) Page Section 10.07. Partial Invalidity 40 Section 10.08. Unclaimed Moneys 40 Section 10.09. Provisions Constitute Contract 41 Section 10.10. Future Contracts 41 Section 10.11. Further Assurances 41 Section 10.12. Applicable Law 41 Section 10.13. Conflict with Act 41 Section 10.14. Conclusive Evidence of Regularity 41 Section 10.15. Payment on Business Day 41 Section 10.16. Counterparts 42 ARTICLE XI DOCUMENTS TO BE DELIVERED AT CLOSING 42 Section 11.01. Documents to be Delivered at Closing 42 Section 11.02. Final Opinion of Bond Counsel 42 Section 11.03. Supplemental Opinion of Bond Counsel 42 Section 11.04. Defeasance Opinion of Bond Counsel 42 Section 11.05. Opinion of City Attorney 42 Section 11.06. Opinion of Counsel to the Escrow Bank and Fiscal Agent 43 Section 11.07. District Certificate 44 Section 11.08. Bank's Certificate 45 Section 11.09. Verification Letter 46 Section 11.10. Resolutions 46 Section 11.11. CDIAC Statements 46 Section 11.12. Form 8038-G 46 Section 11.13. Tax Certificate 46 Section 11.14. Additional Documents 46 EXHIBIT A FORM OF BOND A-1 EXHIBIT B FORM OF OPINION OF BOND COUNSEL B-1 EXHIBIT C PERMITTED INVESTMENTS C-1 EXHIBIT D FORM OF LETTER OF REPRESENTATIONS D-1 09960.00000\9073258.2 -iv- P735 FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (the "Agreement") is made and entered into as of July 1, 2014, by and between the City of Rancho Cucamonga Community Facilities District No. 2000- 03 (Rancho Summit) (the "District"), a community facilities district, organized and existing under and by virtue of the laws of the State of California, and Wells Fargo Bank, National Association, a national banking association organized and existing under the laws of the United States of America, as fiscal agent (the "Fiscal Agent"). WITNESSETH: WHEREAS, the City Council of the City of Rancho Cucamonga (the "City") has formed the District under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311 et seq. of the California Government Code) (the "Act") and Resolution No. 00-190 of the City Council adopted on September 20,2000, as amended by Resolution No. 05-201 of the City Council, adopted on June 15, 2005; WHEREAS, the City Council is authorized under the Act and pursuant to Ordinance No. 699 to levy special taxes within the District to pay for the costs of facilities provided by the District; WHEREAS, under the provisions of the Act, on , 20 , the City Council, acting as the legislative body of the District, adopted Resolution No. (the "Resolution") which resolution, among other matters, expressed the determination of the City Council of the necessity to issue special tax bonds in the maximum aggregate principal amount of$ for the District secured by the special taxes; WHEREAS, on September 21, 2005, the City Council adopted Resolution No. 05-278 (the "Resolution") authorizing the issuance and sale of bonds for the District pursuant to the Fiscal Agent Agreement, dated as of September 1, 2005 (the "Prior Fiscal Agent Agreement"), by and between the City of Rancho Cucamonga, for and on behalf of the District, and Wells Fargo Bank, National Association, as fiscal agent, designated the "City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds" (the "Prior Special Tax Bonds"), for the purpose of funding the acquisition, rehabilitation and construction of certain public improvements (defined in the Prior Fiscal Agent Agreement as the "Project"); WHEREAS, on October 18, 2005, the Prior Special Tax Bonds in the principal amount of$9,835,000 were issued; WHEREAS, on July 16, 2014, the City Council adopted Resolution No. 14- (the "Resolution of Issuance") authorizing the issuance and sale of bonds of the District pursuant to this Agreement designated "City of Rancho Cucamonga Community Facilities District No. 2000- 03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014" (the "Bonds"), for the purpose of financing the defeasance and refunding of the Prior Special Tax Bonds; 09960.00000\9073258.2 P736 WHEREAS, it is in the public interest and for the benefit of the City, the District, the persons responsible for the payment of special taxes and the owners of the Bonds that the District enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the special taxes securing the Bonds, and the administration and payment of the Bonds; WHEREAS, all things necessary to cause the Bonds, when authenticated by the Fiscal Agent and issued as provided in the Act, the Resolution and this Agreement, to be legal, valid and binding and limited obligations in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this Agreement and the creation, authorization, execution and issuance of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, in order to secure the payment of the principal of, premium, if any, and the interest on all Bonds at any time issued and outstanding under this Agreement, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the holders thereof, and for other valuable considerations, the receipt of which is hereby acknowledged, the District does hereby covenant and agree with the Fiscal Agent, for the benefit of the respective holders from time to time of the Bonds, as follows: ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution. Section 1.02. Agreement for Benefit of Bondowners. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the District shall be for the equal benefit, protection, and security of the Owners from time to time. In consideration of the acceptance of the Bonds by the Owners thereof, this Agreement shall be deemed to be and shall constitute a contract between the District and the Owners; and the covenants and agreements herein set forth to be performed by the District shall be for the equal and proportionate benefit, security, and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution, or delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the Owner of any of the Bonds in its own or any other capacity with the same rights it would have if it were not Fiscal Agent. 09960.00000\9073258.2 2 P737 Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code. "Action" shall have the meaning given to such term in Section 11.07E hereof. "Administrative Expense Fund" means the fund by that name established by Section 3.05 hereof "Administrative Expenses" means any or all of the following: the fees and expenses of the Fiscal Agent (including the fees and expenses of its counsel), the expenses of the City, acting for and on behalf of the District, or the District in carrying out its duties hereunder (including, but not limited to, the levying and collection of the Special Taxes, complying with the disclosure provisions of the Act and this Agreement, including those related to public inquiries regarding the Special Tax and disclosures to Bondowners); the costs of the City and the District or their designees related to an appeal of the Special Tax; any costs of the City and the District (including fees and expenses of counsel) to defend the first lien on and pledge of the Special Taxes to the payment of the Bonds or otherwise in respect of litigation relating to the District or the Bonds or with respect to any other obligations of the District, the salaries of City staff directly related to the carrying out by the City, for and on behalf of the District, the District's obligations hereunder and a proportionate amount of City general administrative overhead related thereto allocable to the Bonds; and all other costs and expenses of the City, the District, and the Fiscal Agent incurred in connection with the discharge of their respective duties hereunder, and in the case of the City, in any way related to the administration of the District and all actual costs and expenses incurred in connection with the administration of the Bonds. • "Agreement" means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement adopted pursuant to the provisions hereof. "Annual Debt Service" means, for each Bond Year, the sum of(i) the interest due on the Outstanding Bonds in such Bond Year, and (ii) the principal amount of the Outstanding Bonds scheduled to be paid in such Bond Year. "Auditor" means the auditor/tax collector of the County of San Bernardino. "Authorized Officer" means the City Manager, Assistant City Manager, Deputy City Manager, Finance Director, or City Clerk of the City, or any other officer or employee authorized by the City Council of the City or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer. 09960.00000\9073258.2 3 P738 "Bank" shall have the meaning given to such term in Section 11.06 hereof. "Bank Agreements" shall have the meaning given to such term in Section 11.06(A) hereof. "Bond Counsel" means (i) Best Best & Krieger LLP; or (ii) any attorney or firm of attorneys acceptable to the District and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. "Bond Fund" means the fund by that name established by Section 4.02A hereof. "Bond Year" means the one-year period beginning on September 2 in each year and ending on September 1 in the following year except that the first Bond Year shall begin on the Closing Date and end on March 1, 2015. "Bonds" means the City of Rancho Cucamonga Community Facilities District No. 2000- 03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014, authorized by, and at any time Outstanding pursuant hereto. "Business Day" means a day which is not a Saturday, Sunday, or legal holiday on which banking institutions in the State of California, or in any state in which the Principal Office of the Trustee is located, or the New York Stock Exchange are closed. If any payment hereunder is due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day with the same effect as if made on such previous day. "CDIAC" means the California Debt and Investment Advisory Commission of the office of the State Treasurer of the State of California or any successor agency or bureau thereto. "City" means the City of Rancho Cucamonga, California. "City Council" means the City Council of the City, acting in its capacity as the legislative body of the District. "Closing Date" means the date upon which there is a physical delivery of the Bonds in exchange for the amount representing the purchase price of the Bonds by the Original Purchaser. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the District and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, closing costs, filing and recording fees, initial fees and charges of the Fiscal Agent including its first annual administration fee and the fees of its counsel, expenses incurred by the District in connection with the issuance of the Bonds, legal fees and charges, including the 09960.00000\9073258.2 4 • P739 fees of Bond Counsel, financial advisor's fees, charges for authentication, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. "County" means the County of San Bernardino, California. "Debt Service" means the scheduled amount of interest and amortization of principal payable on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Defeasance Obligations" means those obligations described in paragraph A. of the definition of Permitted Investments. "District" means the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) formed pursuant to the Resolution of Formation. "District Documents" shall have the meaning given such term in Section 11.03A hereof. "Escrow Bank" means Wells Fargo Bank, National Association, acting as escrow agent under the Escrow Agreement. "Escrow Agreement" means that Escrow Agreement Deposit and Trust Agreement, dated as of July 1, 2014, by and between the City, the District, the Prior Fiscal Agent and the Escrow Bank relating to defeasance of the Prior Special Tax Bonds. "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if(i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code; (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code; (iii) the investment is a United States Treasury Security - State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt; or (iv) any commingled investment fund in which the City and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of the investment. "Finance Director" means the Finance Director of the City. "Fiscal Agent" means the Fiscal Agent appointed by the District and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 8.01. 09960.00000A9073258.2 5 P740 "Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. "Independent Accountant" means any nationally recognized firm of certified public accountants or firm of such accountants duly licensed or registered or entitled to practice and practicing as such under the laws of the State, appointed by the City, acting for and on behalf of the District, and who, or each of whom: (I) is in fact independent and not under domination of the City or the District; (2) does not have any substantial interest, direct or indirect, with the City or the District; and (3) is not connected with the City or the District as an officer or employee of the City or the District, but who may be regularly retained to make reports to the City or the District. "Independent Financial Consultant" means any financial consultant or firm of such financial consultants appointed by the City, acting for and on behalf of the District, and who, or each of whom: (I) is judged by the City to have experience with respect to the financing of public capital improvement projects; (2) is in fact independent and not under the domination of the City or the District; (3) does not have any substantial interest, direct or indirect, with the City or the District; and (4) is not connected with the City, or the District as an officer or employee of the City or the District, but who may be regularly retained to make reports to the City, or the District. "Interest Payment Dates" means March 1 and September 1 of each year, commencing March 1, 2015. "Investment Earnings" means all interest earned and any gains and losses on the investment of moneys in any fund or account created by this Agreement. "Letter of Representations" means a letter substantially in the form and of the substance of the Letter of Representations attached hereto as Exhibit D and satisfactory to Bond Counsel executed and delivered by each purchaser of the Bonds to the District to the effect, among other things, that such purchaser (a) has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the Bonds, (b) is acquiring the Bonds for its own account for the purpose of placing the Bonds in its loan portfolio and not with a view to the distribution thereof, and (c) has no present intention of selling, negotiating, transferring, or otherwise disposing of the Bonds so purchased. 09960.00000\9073258.2 6 P741 "Material Adverse Effect" means an event or occurrence which adversely affects in a material manner (a) the District or the business, facilities, or operations of the District, (b) the ability of the District to meet or perform its obligations under this Fiscal Agent Agreement on a timely basis, (c) the validity or enforceability of this Fiscal Agent Agreement. "Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. "Net Special Tax Revenues" means, for each Fiscal Year, all Special Tax Revenues received by the District less an amount equal to the Priority Administrative Expenses Amount. "Officer's Certificate" means a written certificate of the District or the City signed by an Authorized Officer of the City. "Ordinance" means an ordinance of the City levying the Special Taxes, including Ordinance No. 643, as amended by Ordinance No. 744, adopted by the City Council on July 6, 2005. "Original Purchaser" means City National Bank, a , and its successors and assigns. "Outstanding," means (subject to the provisions of Section 9.04), when used as of any particular time with reference to Bonds, all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds paid or deemed to have been paid within the meaning of Section 10.01; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued, and delivered by the District pursuant to this Agreement or any Supplemental Agreement. "Owner" or "Bondowner" means any person who shall be the registered owner of any Outstanding Bond, including, without limitation, the Original Purchaser. "Penalties and Interest" means any penalties or interest in excess of the interest payable on the Bonds collected in connection with delinquent Special Taxes. "Penalties and Interest Account" means the account by that name within the Special Tax Fund pursuant to Section 3.03D hereof. "Permitted Investments" shall have the meaning given such term in Exhibit C hereto. "Person" means an individual, corporation, firm, association, partnership, trust, or other legal entity or group of entities, including a governmental entity or any agency or political subdivision thereof "Prepayments" means Special Tax Revenues identified to the Fiscal Agent by an Authorized Officer as representing a prepayment of the Special Tax pursuant to the RMA. 09960.00000\9073258.2 7 P742 "Principal Office" means the principal corporate trust office of the Fiscal Agent as may be designated from time to time by the Fiscal Agent in writing to the District initially set forth in Section 11.06 hereof. "Prior Administrative Expense Fund" means the Administrative Expense Fund established pursuant to the Prior Fiscal Agent Agreement. "Prior Fiscal Agent" means Wells Fargo Bank, National Association, acting in its capacity as the fiscal agent pursuant to the Prior Fiscal Agent Agreement. "Prior Fiscal Agent Agreement" means the Fiscal Agent Agreement, dated as of May 1, 2006, by and between the District and Wells Fargo Bank, National Association, as fiscal agent, pertaining to the Prior Special Tax Bonds. "Prior Special Tax Bonds" means the outstanding City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2006 Special Tax Bonds. "Priority Administrative Expense Amount" means an annual amount equal to $ for fiscal year 2014-15 subject to escalation by 2% each fiscal year thereafter commencing July 1, 2015, or such lesser amount as may be designated by written instruction from an Authorized Officer of the District to be allocated as the first priority of Special Taxes received each Fiscal Year for the payment of Administrative Expenses allocated to the Bonds. "Rebate Certificate" means the certificate delivered by the District upon the delivery of the Bonds relating to Section 148 of the Code, or any functionally similar replacement certificate. "Rebate Fund" means the fund by that name established by Section 6.02 hereof. "Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest Payment Date. "Reserve Fund" means the fund by that name established by Section 4.03 hereof. "Reserve Requirement" means on any date in any Bond Year the lesser of fifty percent (50%) of (i) ten percent (10%) of the stated principal amount of the Bonds, (ii) Maximum Annual Debt Service on the Bonds or (iii) 125 percent of average Annual Debt Service on the Bonds, as determined by the District. "Resolution of Formation" means Resolution No.00-190, adopted by the City Council on September 20, 2000, as amended by Resolution No. 05-201, adopted by the City Council on June 15,2005. "Resolution of Issuance" shall have the meaning given such term in the recitals hereto. "RMA" means the Rate and Method of Apportionment of the Special Tax for the District approved by the qualified electors within the District at a special election held on 2000. 09960.00000\9073258.2 8 P743 "Special Tax Fund" means the fund by that name established by Section 3.03A hereof. "Special Tax Revenues" means the proceeds of the Special Taxes received by the District including any scheduled payments and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien and interest and penalties thereon. Notwithstanding the foregoing, "Special Tax Revenues" does not include Penalties and Interest. "Special Taxes" means the special taxes levied within the District pursuant to the Act, the RMA, the Ordinance, and this Agreement. "Supplemental Agreement" means an agreement the execution of which is authorized by a resolution which has been duly adopted by the City Council under the Act and which agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder. "Treasurer" means the person who is acting in the capacity as treasurer or finance director to the City or the designee of either such officer. ARTICLE II THE BONDS Section 2.01. Principal Amounts; Designations. Bonds in the aggregate principal amount of ($ ) are hereby authorized to be issued by the District under and subject to the terms of the Resolution of Issuance and this Agreement, the Act and other applicable laws of the State of California. The Bonds shall be designated "City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014." This Agreement constitutes a continuing agreement of the District with the Owners from time to time of the Bonds to secure the full payment of the principal of, premium, if any, and interest on all such Bonds subject to the covenants, provisions, and conditions herein contained. Section 2.02. Terms of Bonds. A. Form; Denominations. The Bonds shall be issued as fully registered bonds without coupons in the denomination of $100,000 or any integral multiple of $1,000 in excess thereof. Notwithstanding the foregoing, the Bonds may be redeemed in the principal amount of $1,000 or any integral multiple thereof pursuant to Section 3.01(b) hereof provided that the Bonds that remain Outstanding after any such redemption shall be in authorized denominations of$100,000 or any integral multiple of$5,000 in excess thereof. The Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent. B. Date of the Bonds. The Bonds shall be dated the Closing Date. C. Maturities, Interest Rates. The Bonds shall be issued as one term Bond in the aggregate principal amount of $ , which Bond shall mature and be payable on 09960.00000\9073258.2 9 P744 September 1, 2035 and shall bear interest at the rate of three and nine tenths percent (3.90%) per annum. D. Interest. The Bonds shall bear interest at the rates set forth above payable five (5) days preceding the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication; or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. E. Method of Payment. Interest on the Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Fiscal Agent mailed at least five (5) days preceding the Interest Payment Dates by first class mail to the registered Owner thereof at such registered Owner's address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon instructions of any Owner of$1,000,000 or more in aggregate principal amount of Bonds or the Original Purchaser. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America upon surrender of the Bonds at the Principal Office of the Fiscal Agent; provided, however, the Bonds shall not be required to be surrendered on the account of any Mandatory Sinking Fund redemption as provided in Section 2.03C. All Bonds paid by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and issue a certificate of destruction thereof to the District in accordance with its retention policy then in effect. Section 2.03. Redemption. A. Optional Redemption. The Bonds or any portion of the principal thereof, in the principal amount of $100,000 or any integral multiple of $5,000 in excess thereof, may be redeemed, at the option of the City from any source of funds (excluding Prepayments transferred from the Prepayment Account of the Bond Service Fund) on any date on or after March 1, 2024, subject to the restrictions upon refunding of bonds specified in the Act, by giving notice as provided in Section 2.03D hereof, causing the Fiscal Agent to give notice as provided by Section 2.03E hereof and by paying the redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest to the date of redemption. B. Mandatory Redemption from the Prepayment of Special Taxes. The Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part from such maturities, as are selected by the District, from Prepayments of Special Taxes, at a 09960.00000\9073258.2 10 P745 redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest thereon to the date of redemption; provided, however, that the Bonds that remain Outstanding after any such redemption pursuant to this Section 2.03B shall be in authorized denominations of$100,000 or any integral multiple of$5,000 in excess thereof. C. Mandatory Sinking Fund Redemption. The Bonds maturing on September 1, 2035, shall be called before maturity and redeemed, from the sinking fund payments that have been deposited into the Bond Service Fund, on March 1, 2015, and on each September 1 thereafter prior to maturity, in accordance with the schedule of sinking fund payments set forth below. The Bonds so called for redemption shall be selected by the Fiscal Agent by lot and shall be redeemed at a redemption price for each redeemed Bond equal to the principal amount thereof, plus accrued interest to the redemption date, without premium, as follows: BONDS MATURING SEPTEMBER 1, 2035 Redemption Date Principal (September 1) Amount 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 In the event of a partial optional redemption or special mandatory redemption of any Bonds maturing on September 1, 2036, pursuant to Section 2.03A or 2.03B hereof, each of the remaining Sinking Fund Payments for such Bonds, as described above, will be reduced, as nearly as practicable, on a pro rata basis, provided that the reductions shall be made in multiples of not less than $5,000. D. Notice to Fiscal Agent and Others. 09960.00000\9073258.2 I I P746 1. The Finance Director shall notify the Fiscal Agent of the Bonds to be called for redemption upon Prepayment of Special Taxes in amounts sufficient therefor, or whenever sufficient surplus funds are available therefor in the Bond Service Fund. The Fiscal Agent shall select Bonds for retirement in such a way that the ratio of Outstanding Bonds to issued Bonds shall be approximately the same in each annual series or maturity insofar as possible. Within each annual series or maturity, the Fiscal Agent shall select Bonds for retirement randomly by lot. The Finance Director shall give the Fiscal Agent written notice of the aggregate amount of Bonds and maturities to be redeemed pursuant to Section 2.03B hereof not less than thirty (30) days prior to the applicable redemption date. 2. The Finance Director shall give the Fiscal Agent and the Original Purchaser written notice of the aggregate amount of Bonds and maturities that the District has preliminarily determined to redeem pursuant to Section 2.03A hereof not less than thirty (30) days prior to the applicable proposed redemption date. E. Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the Bond numbers of the Bonds to be redeemed by giving the individual Bond number of each Bond to be redeemed or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called in part the principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of mailing any such redemption notice and any expenses incurred by the Fiscal Agent in connection therewith shall be paid by the District. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the Bond number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. The District shall have the right to rescind any notice of redemption for any optional or mandatory redemption pursuant to Section 2.03A or Section 2.03B hereof, on or prior to the date fixed for redemption. Any notice of optional redemption shall be cancelled and annulled if for any reason funds will not be or are not available on the date so fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default hereunder. The Fiscal Agent shall have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Fiscal Agent 09960.00000\9073258.2 12 P747 shall mail notice of such recession of redemption in the same manner as the original notice of redemption. Whenever provision is made in this Agreement for the redemption of less than all of the Bonds or any given portion thereof, the Fiscal Agent shall select the Bonds to be redeemed, from all Bonds or such given portion thereof not previously called for redemption, among maturities as specified by the District in a written certificate delivered to the Fiscal Agent, and by lot within a maturity in any manner which the District in its sole discretion shall deem appropriate and fair. In providing such certificate, the District shall provide for the redemption of Bonds such that the remaining Debt Service payable on the Bonds shall remain level as possible. Upon surrender of Bonds redeemed in part only, the District shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the District, a new Bond or Bonds, of the same Series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. F. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of and interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund, such Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice. All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and, upon written request of the District, issue a certificate of destruction thereof to the District in accordance with its retention policy then in effect. Section 2.04. Form of Bonds. The Bonds, the form of Fiscal Agent's certificate of authentication and the form of assignment, to appear thereon, shall be substantially in the forms, respectively, set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution, and the Act. The Bonds of any other Series and the form of the certificate of authentication and assignment to appear thereon shall be in such form or forms as may be specified in the Supplemental Agreement creating such Series of Bonds. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the District by the manual or facsimile signatures of the Mayor and City Clerk, who are in office on the date of adoption of this Agreement or at any time thereafter. The Bonds shall then be delivered to the Trustee for authentication. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the Owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the Owner. Any Bond may be signed and attested on behalf of the District by such persons as at the actual date of the execution of such Bond shall be the proper officers of the District although at the nominal date of such Bond any such person shall not have been such officer of the District. 09960.00000\9073258.2 13 P748 Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, in whole or in part, upon the books required to be kept pursuant to the provisions of Section 2.08 by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in substantially the form set forth in Exhibit D hereto. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the District shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfers of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond after such Bond has been selected for redemption; or(iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond after such Bond has been selected for redemption; or(iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. 09960.00000\9073258.2 14 P749 Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds which books shall show the number, date, amount, rate of interest and last known Owner of each Bond and shall at all times be open to inspection by the District or the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. The District and the Fiscal Agent will treat the Owner of any Bond whose name appears on the Bond register as the absolute Owner of such Bond for any and all purposes, and the District and the Fiscal Agent shall not be affected by any notice to the contrary. The District and the Fiscal Agent may rely on the address of the Bond Owner as it appears in the Bond register for any and all purposes. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the District, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the District upon the same conditions and in substantially the same manner as the definitive Bonds. If the District issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the District, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it and destroyed by the Fiscal Agent in accordance with its retention policy then in effect, who shall deliver a certificate of destruction thereof to the District. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity for the District and the Fiscal Agent satisfactory to the Fiscal Agent shall be given, the District, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The District may require payment of a sum not exceeding the actual cost of preparing each new Bond delivered under this Section and of the expenses which may be incurred by the District and the Fiscal Agent for the preparation, execution, authentication and delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the District whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and 09960.00000\9073258.2 15 P750 shall be equally and proportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.11. Type and Nature of the Bonds; Limited Obligation. Neither the faith and credit nor the taxing power of the City, the State of California or any political subdivision thereof other than the District is pledged to the payment of the Bonds. Except for the Special Taxes, no other taxes are pledged to the payment of the Bonds. The Bonds are not general or special obligations of the City nor general obligations of the District but are limited obligations of the District payable solely from Net Special Tax Revenues. The District's limited obligation to pay the principal of, premium, if any, and interest on the Bonds from the Net Special Tax Revenues is absolute and unconditional, free of deductions and without any abatement, offset, recoupment, diminution or set-off whatsoever. No Owner of the Bonds may compel the exercise of the taxing power by the District (except as it pertains to the Special Taxes) or the City or the forfeiture of any of their property. The principal of and interest on the Bonds and premiums upon the redemption thereof, if any, are not a debt of the City, the State of California or any of its political subdivisions except the District within the meaning of any constitutional or statutory limitation or restriction. The Bonds are not a legal or equitable pledge, charge, lien, or encumbrance upon any of the District's property, or upon any of its income, receipts or revenues, except the Net Special Tax Revenues and amounts on deposit in the Special Tax Fund and the Bond Fund to the extent pledged hereunder which are, under the terms of this Agreement and the Act, set aside for the payment of the Bonds and interest thereon and neither the members of the legislative body of the District nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. Section 2.12. Equality of Bonds and Pledge of Net Special Tax Revenues. Pursuant to the Act and this Agreement, the Bonds shall be equally payable from the Net Special Tax Revenues and other amounts in the Special Tax Fund without priority for number, date of the Bonds, date of sale, date of execution, or date of delivery, and the payment of the interest on and principal of the Bonds and any premiums upon the redemption thereof, shall be exclusively paid from the Net Special Tax Revenues and other certain other amounts in the Special Tax Fund, which are hereby set aside for the payment of the Bonds. Amounts in the Special Tax Fund shall constitute a trust fund held for the benefit of the Owners to be applied to the payment of the interest on and principal of the Bonds and so long as any of the Bonds or interest thereon remain Outstanding shall not be used for any other purpose, except as permitted by this Agreement. Nothing in this Fiscal Agent Agreement shall preclude, subject to the limitations contained hereunder, the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State of California, which shall be payable from Net Special Tax Revenues. Section 2.13. Description of Bonds; Interest Rates. The Bonds shall be issued in fully registered form in any authorized denomination. The Bonds shall be numbered as desired by the Fiscal Agent. 09960.00000A9073258.2 16 P751 Section 2.14. No Acceleration. The principal of the Bonds shall not be subject to acceleration hereunder. Nothing in this Section shall in any way prohibit the prepayment or redemption of Bonds under Section 2.03 hereof. Section 2.15. Additional Bonds. Other than for the purpose of refunding the Bonds, no additional Bonds entitled to a lien on the Net Special Tax Revenues shall be issued hereunder. Section 2.16. Validity of the Bonds. The validity of the authorization and issuance of the Bonds shall not be affected in any way by any defect in any proceedings taken by the District for the issuance and sale of the Bonds and the recital contained in the Bonds that the same are issued pursuant to the Act and other applicable laws of the State shall be conclusive evidence of their validity and the regularity of their issuance. ARTICLE III ISSUANCE OF BONDS Section 3.01. Issuance and Delivery of the Bonds. At any time after the execution of this Agreement, the District may issue the Bonds in the aggregate principal amount set forth in Section 2.01 and deliver the Bonds to the Original Purchaser. The Authorized Officers of the District are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the Resolution of Issuance and this Agreement and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser, upon payment of the purchase price for the Bonds. Section 3.02. Application of Proceeds of Sale of the Bonds and Transfers from the Prior Special Tax Bonds. A. The proceeds of the purchase of the Bonds by the Original Purchaser being $ .00 shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and transfer such proceeds on the Closing Date as follows: 1. $ shall be transferred to the Escrow Bank for deposit into the Escrow Fund held by the Escrow Bank under the Escrow Agreement; 2. $ shall be deposited into the Reserve Fund, the Reserve Requirement as of the Closing Date; and 3. $ shall be deposited in the Costs of Issuance Fund. B. On the Closing Date, the Prior Fiscal Agent shall transfer to the Fiscal Agent all moneys then on deposit in the Prior Administrative Expense Fund to the Fiscal Agent for deposit in the Administrative Expense Fund. 09960.00000A9073258.2 17 P752 Section 3.03. Special Tax Fund. A. Establishment of Special Tax Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the "Special Tax Fund," to the credit of which the District or the City, on behalf of the District, shall deposit, immediately upon receipt, all Special Tax Revenue received by the District or the City, on behalf of the District. Moneys in the Special Tax Fund, other than Penalties and Interest, shall be held by the Fiscal Agent for the benefit of the District and the Owners of the Bonds, shall be disbursed as provided below and, pending any disbursement, shall be subject to a lien in favor of the Owners of the Bonds. B. Disbursements of Special Tax Revenues. The Special Tax Revenues deposited in the Special Tax Fund shall be held and, other than Special Tax Revenues representing Prepayments, subsequently transferred to the following funds and accounts not later than the dates and in the amounts set forth in the following paragraphs and in the following order of priority: l.. to the District for deposit in Administrative Expense Fund an amount equal to the Priority Administrative Expense Amount estimated to be due and payable during the Fiscal Year; 2. not later than ten (10) Business Days prior to each Interest Payment Date, to the Bond Fund: a. the amount representing past due installments of principal, interest and premium on the Bonds (including any interest thereon pursuant to the second sentence of the second paragraph of Section 4.02B), if any, resulting from the delinquency in the payment of such Special Taxes; and b. an amount, taking into account any amounts then on deposit in the Bond Fund (other than by reason of the preceding paragraph a.) such that the amount in the Bond Fund equals the principal, premium, if any, and interest due on the Bonds on the next Interest Payment Date; 3. no later than ten (10) Business Days prior to each Interest Payment Date, to the Reserve Fund that amount, in addition to the amount transferred to the Bond Fund pursuant to paragraph 2. above, necessary to replenish any draw on the Reserve Fund; 4. on September 2 of each year after making the deposits and transfers required under paragraphs 1 and 2 above and the transfer, if any, authorized under paragraph 3 above, to the Rebate Fund, upon receipt of written instructions from an Authorized Officer on or before the preceding June 30, the amount specified in such written instructions necessary for the payment of any rebate amount due and owing to the United States of America by the District on the Bonds; 09960.0000019073258.2 18 P753 5. on September 2 of each year after making the deposits and transfers required under paragraphs 1 through 4 above, upon receipt of written instructions from an Authorized Officer, to the District for deposit in the Administrative Expense Fund the amount specified in such written instructions necessary for (a) payment of the estimated Administrative Expenses projected to be due and payable in the next Fiscal Year, (b) reimbursement of any Administrative Expenses incurred during the Fiscal Year ending on such June 30 or (c) the establishment or replenishment of a reasonable operating reserve within the Administrative Expense Fund, and not included in any prior transfer made pursuant to paragraph 1 above; and 6. after September 2 of each year, after making the deposits and transfers made pursuant to paragraphs 1 through 5 above, moneys then on deposit in the Special Tax Fund shall remain therein and shall be subsequently deposited or transferred pursuant to the provisions of paragraphs 1 through 5 above. C. Transfer of Prepayments. Amounts constituting Prepayments shall be transferred by the Treasurer to the Fiscal Agent, and placed by the Fiscal Agent in a segregated account within the Bond Fund designated as "Prepayment Account" and used to redeem Bonds pursuant to paragraph 2 of Section 2.03B. Any such transfer of Prepayments shall be accompanied by written instructions executed by the Treasurer or an Authorized Officer directing the Fiscal Agent to place such Prepayments in the Prepayment Account. D. Penalties and Interest. Amounts constituting Penalties and Interest shall be transferred by the Treasurer to the Fiscal Agent, and placed by the Fiscal Agent in a segregated account within the Special Tax Fund designated as "Penalties and Interest Account." The moneys on deposit in the Penalties and Interest Account shall be held and subsequently transferred, upon receipt of written instructions contained in an Officer's Certificate, to the following funds and accounts not later than the dates and in the amounts set forth in the following paragraphs and in the following order of priority: 1. to the Administrative Expense Fund that amount as specified in such written instructions necessary for payment of the estimated Administrative Expenses projected to be due and payable in the next Fiscal Year, reimbursement of any Administrative Expenses incurred during the Fiscal Year ending on such June 30 or establishment or replenishment of a reasonable operating reserve within the Administrative Expense Fund not included in any prior transfer made pursuant to paragraphs 3 or 6 of subsection B above; 2. to the Bond Fund that amount as specified in such Officer's Certificate for the payment of debt service on the Bonds; 3. to the Reserve Fund that amount as specified in such Officer's Certificate as necessary to increase the balance therein up to the Reserve Requirement; or 4. to such other fund or account as specified in such Officer's Certificate for any authorized purpose of the District. 09960.00000\9073258.2 19 P754 E. Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. Section 3.04. Costs of Issuance Fund. A. Establishment of Costs of Issuance Fund. There is hereby established, as a separate account to be held by the Fiscal Agent, the "Costs of Issuance Fund" to the credit of which a deposit shall be made as required by Section 3.02A. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection B of this Section for the payment or reimbursement of Costs of Issuance. B. Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal Agent on the Closing Date. The Fiscal Agent shall pay all Costs of Issuance upon receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee in such requisition, or upon receipt of an Officer's Certificate requesting payment of a Cost of Issuance not listed on the initial requisition delivered to the Fiscal Agent on the Closing Date. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of ninety (90) days from the Closing Date and shall then transfer and deposit any moneys remaining therein, including any Investment Earnings thereon, to the Special Tax Fund. C. Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the Fiscal Agent in the Cost of Issuance Fund to be used for the purposes of such fund. Section 3.05. Administrative Expense Fund. A. Establishment of Administrative Expense Fund. There is hereby established, as a separate account to be held by the District, the "Administrative Expense Fund" to the credit of which transfers from the Fiscal Agent shall be made to the District as required by Sections 3.02B, 3.03B or 3.03D hereof. Moneys in the Administrative Expense Fund shall be held in trust by the District for the benefit of the City and the District, and shall be disbursed as provided below. B. Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the District and paid to the payee specified in an Officer's Certificate stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense and the nature of such expense. Amounts on deposit in the Administrative Expense Fund at the end of any Fiscal Year shall be retained in such fund as an operating reserve and shall be disbursed as provided for in this paragraph B. C. Investment. Moneys in the Administrative Expense Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the District in the Administrative Expense Fund to be used for the purposes of such fund. 09960.00000\9073258.2 20 P755 ARTICLE IV NET SPECIAL TAX REVENUES; BOND FUND Section 4.01. Pledge of Net Special Tax Revenues. The Bonds shall be secured by a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of the Net Special Tax Revenues and all moneys deposited in the Bond Fund and, until disbursed as provided herein, in the Special Tax Fund, except for moneys on deposit in the Penalties and Interest Account. The Bonds are further secured by a first pledge of all moneys deposited in the Reserve Fund. The Net Special Tax Revenues and all moneys deposited into said funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired. Section 4.02. Bond Fund. A. Establishment of Bond Fund. There is hereby established as a separate fund to be held by the Fiscal Agent for the "Bond Fund" and, within the Bond Fund, the "Prepayment Account" to the credit of which deposits shall be made as required by paragraph 2 of Section 3.03B. and by Section 3.03C., and any other amounts required to be deposited therein by this Agreement or the Act. Moneys in the Bond Fund shall be held by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. B. Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the Owners of the Bonds the principal of, and interest and any premium, then due and payable on the Bonds, including any amounts due under Section 2.03A. hereof; provided, however, that available amounts in the Bond Fund shall first be used to pay to the Owners of the Bonds any past due installments of interest, principal (including mandatory sinking payments) of and premium, if any, on the Bonds, in that order. Amounts transferred to the Bond Fund from the Special Tax Fund pursuant to paragraph 2.a. of Section 3.03B. shall immediately be paid to the Owners of the Bonds in respect of past due payments on the Bonds, and amounts transferred to the Prepayment Account pursuant to Section 3.03C. shall be used to redeem Bonds pursuant to Section 2.03B. If after the foregoing transfers, there are insufficient funds in the Bond Fund to make the payments provided for in the first sentence of this Section 4.02B., the Fiscal Agent shall apply the available funds first to the payment of interest on the Bonds, then to the payment of principal and any mandatory sinking payments due on the Bonds. Any installment of principal (including mandatory sinking payments), premium, if any, or interest on the Bonds which is not paid when due shall accrue interest at the rate of interest on the Bonds until paid, and shall be paid whenever funds in the Bond Fund are sufficient therefor. 09960.00000\9073258.2 21 P756 If at any time the Fiscal Agent fails to pay principal and interest due on any scheduled payment date for the Bonds, the Fiscal Agent shall notify the District and the Treasurer in writing of such failure, and the Treasurer shall notify the California Debt Advisory Commission of such failure within 10 days of the failure to make such payment, as required by Section 53359(c)(1) of the Act. C. Investment. Moneys in the Bond Fund shall be invested and deposited in accordance with Section 6.01. Investment Earnings shall be retained in the Bond Fund, except to the extent they are required to be deposited by the Fiscal Agent in the Rebate Fund in accordance with Section 6.02 hereof. Interest earnings and profits resulting from the investment and deposit of amounts in the Bond Fund shall be retained in the Bond Fund. Section 4.03. Establishment of Reserve Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the "Reserve Fund," to the credit of which a deposit shall be made as required by Section 3,02B. hereof. Moneys in the Reserve Fund shall be held by the Fiscal Agent for the benefit of the Bondowners and shall be disbursed as provided in Section 4.03B below. A. Procedure for Disbursement. Moneys on deposit in the Reserve Fund shall be used solely for the purpose of paying the principal of and interest on the Bonds as such amounts shall become due and payable in the event that the moneys in the Special Tax Fund and the Bond Fund for such purpose are insufficient therefor or redeeming Bonds as described below. The Fiscal Agent shall, when and to the extent necessary, withdraw money from the Reserve Fund and transfer such money to the Bond Fund or the Redemption Fund for such purpose. On any date after either the transfers, if any, required by the preceding paragraph have been made for any Bond Year or the valuation of the Permitted Investments in the Reserve Fund pursuant to Section 6.01 below, if the amount on deposit in the Reserve Fund is less than the Reserve Requirement, the Fiscal Agent shall transfer to the Reserve Fund from the first available moneys in the Special Tax Fund an amount necessary to increase the balance therein to the Reserve Requirement. If at least ten (10) Business Days prior to each Interest Payment Date of each year, the amount on deposit in the Reserve Fund, less Investment Earnings resulting from the investment of the funds therein which pursuant to Section 6.02 hereof must be rebated to the United States, is in excess of the Reserve Requirement, the Fiscal Agent shall transfer such excess to the Bond Fund. In connection with any optional redemption of Bonds pursuant to Section 2.03A., amounts on deposit in the Reserve Fund which would be in excess of the Reserve Requirement following such redemption shall be transferred to the Redemption Fund or the Bond Fund, as applicable, prior to such redemption and applied to such redemption of Bonds pursuant to written instructions of the District contained in an Officer's Correspondence. Upon receipt of an Officer's Correspondence instructing the Fiscal Agent to transfef certain moneys representing a Reserve Fund credit for a Prepayment pursuant to the RMA , the Fiscal Agent shall transfer the amount specified in such instructions from the Reserve Fund to the Redemption Fund for the purpose of redeeming Bonds pursuant to such instructions. 09960.00000\9073258.2 22 P757 Whenever the balance in the Reserve Fund and the Bond Fund exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall transfer the amount in the Reserve Fund to the Bond Fund to be applied, on the next succeeding interest payment date, to the payment and redemption, in accordance with Section 2.03A of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to the District to be used for any lawful purpose of the District as set forth in the Act. B. Investment. Moneys in the Reserve Fund shall be invested and deposited by the Fiscal Agent in accordance with Section 6.01 hereof. Interest earnings and profits from such investment and deposit shall be retained in the Reserve Fund to be used for the purposes of such fund. All Authorized Investments in the Reserve Fund shall be valued at their cost at least semi- annually on February 1 and August 1 so long as at least 25% of the moneys in the Reserve Fund are invested for a period not to exceed two (2) years in length. ARTICLE V OTHER COVENANTS OF THE DISTRICT Section 5.01. Warranty. The District shall preserve and protect the security pledged hereunder to the Bonds against all claims and demands of all persons. Section 5.02. Covenants. So long as any of the Bonds issued hereunder are Outstanding and unpaid, the District makes the covenants set forth herein below in this Article V with the Bondowners under the provisions of the Act and this Fiscal Agent Agreement (to be performed by the District or the City, acting for and on behalf of the District, or its proper officers, agents and employees), which are covenants necessary and desirable to secure the Bonds and tend to make the Bonds more marketable; provided, however, that such covenants do not require the District to expend any funds or moneys other than the Net Special Tax Revenues. Section 5.03. Punctual Payment. The District shall punctually pay or cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds. Section 5.04. Limited Obligation. The Bonds are limited obligations of the District and are payable solely from and secured solely by the Net Special Tax Revenues and the amounts in the Special Tax Fund, the Bond Fund and the Reserve Fund created hereunder. Section 5.05. Payment of Claims. The District will pay and discharge any and all lawful claims for labor, materials, or supplies which, if unpaid, might become a lien or charge upon the Special Tax Revenues or which might otherwise impair the security of the Bonds then Outstanding; provided that nothing herein contained shall require the District to make any such payments so long as the District in good faith shall contest the validity of any such claims. 09960.00000A9073258.2 23 P758 Section 5.06. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the District shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the District, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.07. Against Encumbrances. The District will not encumber, pledge or place any charge or lien upon any of the Net Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement. Section 5.08. Books and Records. The District will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the District, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Bond Fund and the Special Tax Fund and relating to the Special Tax Revenues. Section 5.09. Protection of Security and Rights of Owners. The District will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the District, the Bonds shall be incontestable by the District. Section 5.10. Collection of Special Tax Revenues. The District shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. On or about July 10 of each year, the Treasurer shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. The Treasurer shall effect the levy of the Special Taxes each Fiscal Year on the parcels within the District in accordance with the Ordinance, such that the computation of the levy is complete before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the next secured tax roll. Upon the completion of the computation of the amounts of the levy, the Treasurer shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next secured tax roll. The Special Taxes so levied shall be payable and be collected in the same manner and at the same time and in the same installments as the general taxes on real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property, unless otherwise provided by the District. 09960.00000\9073258.2 24 P759 In the event that the Treasurer determines to levy all or a portion of the Special Taxes by means of direct billing of the property owners of the parcels within the District, the Treasurer shall, not less than forty-five (45) days prior to each Interest Payment Date, send bills to the owners of such real property located within the District subject to the levy of the Special Taxes for Special Taxes in an aggregate amount necessary to meet the financial obligations of the District due on the next Interest Payment Date, said bills to specify that the amounts so levied shall be due and payable not less than thirty (30) days prior to such Interest Payment Date and shall be delinquent if not paid when due. In any event, the Treasurer shall fix and levy the amount of Special Taxes within the District required for the payment of principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing year, an amount necessary to replenish the Reserve Fund pursuant to Section 3.03B.3. and an amount estimated to be sufficient to pay the Administrative Expenses during such year, all in accordance with the RMA and the Ordinance. The Special Taxes so levied shall not exceed the authorized amounts as provided in the proceedings pursuant to the Resolution of Formation. The Treasurer is hereby authorized to employ consultants to assist in computing the levy of the Special Taxes hereunder and any reconciliation of amounts levied to amounts received. The fees and expenses of such consultants and the costs and expenses of the Treasurer (including a charge for City or District staff time) in conducting its duties hereunder shall be an Administrative Expense hereunder. Section 5.11. Further Assurances. The District shall adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Agreement. Section 5.12. Tax Covenants. The District covenants that: A. It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of the initial issuance and delivery of the Bonds, would have caused any of the Bonds to be "arbitrage bonds" within the meaning of Section 103(6) and Section 148 of the Code; B. It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would result in loss of exclusion from gross income for purposes of federal income taxation under Section 103(a) of • the Code of interest paid with respect to the Bonds; C. It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would have caused any of the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code; D. It will comply with the Rebate Certificate as a source of guidance for achieving compliance with the Code; and 09960.00000\9073258.2 25 P760 E. In order to maintain the exclusion from gross income for purposes of federal income taxation of interest paid with respect to the Bonds, it will comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Code. The covenants of the District contained in this Section 5.12 shall survive the payment or the redemption of the Bonds pursuant to Section 2.03 hereto. Section 5.13. Covenant to Foreclose. On or before March 1 and June 1 of each Fiscal year, the City will review the public records of the County in connection with the Special Taxes levied in such Fiscal Year to determine the amount of Special Taxes actually collected in such Fiscal Year. If the City determines that (a) any single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of$3,000 or more or (b) any parcels under common ownership subject to the Special Taxes are delinquent in the payment of Special Taxes in the aggregate of$10,000 or more, the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner. The City shall cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to • this section and for which the Special Taxes remain delinquent. With respect to aggregate delinquencies throughout the CFD, if the City determines that it has collected less than 95% of the Special Taxes levied in the such Fiscal Year, then the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the owner of each delinquent parcel (regardless of the amount of such delinquency). The City will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to this section and for which the Special Taxes remain delinquent. The City Attorney is hereby authorized to employ counsel to conduct any such foreclosure proceedings. The fees and expenses of any such counsel and costs and expenses of the City Attorney (including a charge for City or District staff time) in conducting foreclosure proceedings shall be an Administrative Expense hereunder. Section 5.14. Annual Reports to CDIAC. Not later than October 30 of each year, commencing October 30, 2014, and until the October 30 following the final maturity of the Bonds, the Treasurer shall supply the information required by Section 53359.5(b) or (c) of the Act to CDIAC (on such forms as CDIAC may specify) and the Original Purchaser. Section 5.15. Annual Reporting Requirements to Original Purchaser. On or before each March 31 of each year, the District shall provide to the Original Purchaser copies of the audited financial statements, along with the following information: (a) the amount of Bonds outstanding (as of January 1); (b) the balance in each fund administered by this Fiscal Agent Agreement (as of January 1); (c) a summary of special taxes levied within the District and an update of the assessed value within the District; (d) a summary of any changes to the Rate or method of apportionment of special taxes approved or submitted to the electors for approval pier to the annual report; (e) the status of foreclosure action being pursued by the District with respect to special taxes; (f) the delinquency rate for the special taxes for the preceding fiscal year and 09960.00000A90732582 26 P761 the identity of any property owner whose delinquent special taxes represented more than 5% of the amount levied and assessed value to lien ratios of such delinquent properties; (g) any additional information provided to California Debt and Investment Advisory pursuant to Section 5.14 and not otherwise provided to the Original Purchaser. Such information shall be updated on each September 30 with unaudited financial information. The District shall further provide to the Original Purchaser: (a) within three (3) Business Days after the District obtains knowledge thereof, notice by telephone, promptly confirmed in writing, of any event that constitutes an Event of Default under this Fiscal Agent Agreement, together with a statement by an Authorized Representative of the District of the steps being taken by the District to cure such Event of Default; (b) within ten (10) days after the District obtains knowledge thereof, written notice of any Material Adverse Effect; and (c) within ten (10) days after receipt of request therefor by the Original Purchaser, updates, if any, of the information described in Section 5.14 of this Fiscal Agent Agreement. Section 5.16. Public Access to Facilities. The City and the District shall provide or cause to be provided access to members of the general public to all portions of the Project financed with the proceeds of the Prior Special Tax Bonds. Said access shall not grant priority to any one person over that of another person. Section 5.17. Modification of Maximum Authorized Special Tax. The District, to the maximum extent that the law permits it to do so, covenants that no modification of the minimum or maximum authorized Special Tax shall be approved by the District nor shall the District take any other action which would (i) prohibit the District from levying the Special Tax within the District in any Fiscal Year at such a rate as would generate Net Special Tax Revenues in such Fiscal Year at least equal to 110% of Annual Debt Service on all Bonds then Outstanding; (ii) discontinue or cause the discontinuance of such levy; or (iii) permit the prepayment of the Special Tax except as permitted pursuant to the RMA. Section 5.18. Covenant to Defend. The District covenants, in the event that any initiative is adopted by the qualified electors in the District which purports to reduce the minimum or the maximum Special Tax below the levels specified in Section 5.17 above or to limit the power of the District to levy the Special Taxes within the District for the purposes set forth in Section 5.10 above, it will commence and pursue legal action in order to preserve its ability to comply with such covenants. ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE DISTRICT Section 6.01. Deposit and Investment of Moneys in Funds. Moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Officer's Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer's Certificate, the Fiscal Agent shall invest any such moneys in Permitted Investments described in clause B(5) of the definition thereof to the extent practicable which by their terms mature prior to the date on which such moneys are 09960.00000\9073258.2 27 P762 required to be paid out hereunder, or are held uninvested. The Treasurer shall make note of any investment of funds hereunder in excess of the yield on the Bonds, so that appropriate actions can be taken to assure compliance with Section 5.10. Moneys in any fund or account created or established by this Agreement and held by the Treasurer shall be invested by the Treasurer in Permitted Investments, which in any event by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of interest earnings and profits resulting from investment of amounts in funds and accounts. Whenever in this Agreement any moneys are required to be transferred by the District to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Permitted Investments. The Fiscal Agent or an affiliate or the Treasurer may act as principal or agent in the acquisition or disposition of any investment and shall be entitled to its customary fee therefor. Neither the Fiscal Agent nor the Treasurer shall incur any liability for losses arising from any investments made pursuant to this Section. For purposes of determining the amount on deposit in any fund or account held hereunder, all Permitted Investments or investments credited to such fund or account shall be valued at provided for in Exhibit C attached hereto. Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Agreement or the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under the applicable provisions of the Code shall be valued at their present value (within the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for verification of the application of such sections of the Code. Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent or the Treasurer hereunder, provided that the Fiscal Agent or the Treasurer, as applicable, shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. The Fiscal Agent or the Treasurer, as applicable, shall sell at the highest price reasonably obtainable, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the Treasurer shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith. Section 6.02. Rebate Fund; Rebate to the United States. There is hereby created, to be held by the Fiscal Agent, as a separate fund distinct from all other funds and accounts held by 09960.00000\9073258.2 28 P763 the Fiscal Agent under this Agreement, the Rebate Fund. The Fiscal Agent shall, in accordance with written directions received from an Authorized Officer, deposit into the Rebate Fund moneys transferred by the District to the Fiscal Agent pursuant to the Rebate Certificate or moneys transferred by the Fiscal Agent from the Bond Fund. The Rebate Fund shall be held either uninvested or invested only in Federal Securities at the written direction of the District. Moneys on deposit in the Rebate Fund shall be applied only to payments made to the United States, to the extent such payments are required by the Rebate Certificate. The Fiscal Agent shall, upon written request and direction of the District, make such payments to the United States. The Fiscal Agent's sole responsibilities under this Section 6.02 are to follow the written instructions of the District pertaining hereto. The District shall be responsible for any fees and expenses incurred by the Fiscal Agent pursuant to this Section 6.02. The Fiscal Agent shall, upon written request and direction from the District, transfer to or upon the order of the District any moneys on deposit in the Rebate Fund in excess of the amount, if any, required to be maintained or held therein in accordance with the Rebate Certificate. Section 6.03. Limited Obligation. The District's obligations hereunder are limited obligations of the District and are payable solely from and secured solely by the Net Special Tax Revenues and the amounts in the Special Tax Fund, the Bond Fund and the Reserve Fund. Section 6.04. Liability of District. The District shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The District shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The District shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants, or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds, or as to the existence of a default or event of default thereunder. In the absence of bad faith, the District, including the Treasurer, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the District and conforming to the requirements of this Agreement. The District, including the Treasurer, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the District to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Net Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The District may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party 09960.00000\9073258.2 29 P764 or proper parties. The District may consult with counsel, who may be the City Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The District shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the District shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the District, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent, and such certificate shall be full warrant to the District for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the District may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.05. Employment of Agents by District or the City. In order to perform their respective duties and obligations hereunder, the City, the District and/or the Treasurer may employ such persons or entities as they deem necessary or advisable. The City, the District, and/or the Treasurer shall not be liable for any of the acts or omissions of such persons or entities employed by them in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BOND OWNERS Section 7.01. Events of Default. The following events shall be Events of Default: A. Failure to pay any installment of principal of any Bonds when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption or otherwise. B. Failure to pay any installment of interest on any Bonds when and as the same shall become due and payable. C. Failure by the District to observe and perform any of the other covenants, agreements, or conditions on its part in this Agreement or in the Bonds contained, if such failure shall have continued for a period of 60 days after written notice thereof, specifying such failure and requiring the same to be remedied, shall have been given to the District by the Fiscal Agent or the Owners of not less than 25% in aggregate principal amount of the Bonds at the time Outstanding; provided, however, if in the reasonable opinion of the District the failure stated in the notice can be corrected, but not within such 60-day period, such failure shall not constitute 09960.00000A9073258.2 30 P765 an Event of Default if corrective action is instituted by the District within such 60-day period and the District shall thereafter diligently and in good faith cure such failure in a reasonable period of time. D. Commencement by the District of a voluntary case under Title 11 of the United States Code or any substitute or successor statute. Section 7.02. Remedies of Bond Owners. Subject to the provisions of Section 7.07, any Bond Owner shall have the right, for the equal benefit and protection of all Bond Owners similarly situated: A. by mandamus, suit, action or proceeding, to compel the City and its officers, agents or employees to perform each and every term, provision and covenant contained in this Agreement and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the City and the fulfillment of all duties imposed upon it by the Act; B. by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bond Owners' rights; or C. upon the happening of any Event of Default, by suit, action or proceeding in any court of competent jurisdiction, to require the City and its officers and employees to account as if it and they were the trustees of an express trust. Section 7.03. Application of Special Taxes and Other Funds After Default. If an Event of Default shall occur and be continuing, all Special Taxes, including any penalties, costs, fees and other charges accruing under the Act, and any other funds then held or thereafter received by the Fiscal Agent under any of the provisions of this Agreement shall be applied by the Fiscal Agent as follows and in the following order: A. To the payment of any expenses necessary to protect the interests of the Owners of the Bonds and payment of reasonable fees, charges, and expenses of the Fiscal Agent (including reasonable fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Agreement; B. To the payment of the principal of and interest then due with respect to the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Agreement, as follows: First: To the payment to the Persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, to the Persons entitled thereto, without any discrimination or preference; and Second: To the payment to the Persons entitled thereto of the unpaid principal of any Bonds which shall have become due, whether at maturity or by call for redemption, with interest on the overdue principal at the rate borne by the respective Bonds on the date of maturity or redemption, and, if the amount available shall not be sufficient to pay 09960.00000\9073258.2 31 P766 in full all the Bonds, together with such interest, then to the payment thereof ratably, according to the amounts of principal due on such date to the Persons entitled thereto, without any discrimination or preference. C. Any remaining funds shall be transferred by the Fiscal Agent to the Bond Fund. D. Upon occurrence of any Event of Default, by suit, action, or proceeding, in law or in equity as may be necessary or desirable to collect amounts due hereunder. Section 7.04. Absolute Obligation of the District. Nothing in Section 7.08 or in any other provision of this Agreement or in the Bonds contained shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the principal of and interest on the Bonds to the respective Owners of the Bonds at their respective dates of maturity, or upon call for redemption, as herein provided, but only out of the Net Special Tax Revenues and other moneys herein pledged therefor and received by the District or the Fiscal Agent, or affect or impair the right of such Owners, which is also absolute and unconditional, to enforce such payment by virtue of the contract embodied in the Bonds. Section 7.05. Termination of Proceedings. In case any proceedings taken by any one or more Bond Owners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Bond Owners, then in every such case the District, and the Bond Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers and duties of the City, and the Bond Owners shall continue as though no such proceedings had been taken. Section 7.06. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Fiscal Agent or to the Owners of the Bonds is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. Section 7.07. No Waiver of Default. No delay or omission of any Owner of the Bonds to exercise any right or power arising upon the occurrence of any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Agreement to the Owners of the Bonds may be exercised from time to time and as often as may be deemed expedient. Section 7.08. Attorney's Fees. If the District defaults under any of the provisions hereof and any Original Purchaser employs attorneys (including in-house counsel) or incurs other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the District herein contained, the District will on demand therefor pay to such Original Purchaser the reasonable fees of such attorneys (including those of in-house counsel) and such other expenses so incurred by such Original Purchaser. 09960.00000\9073258.2 32 P767 ARTICLE VIII THE FISCAL AGENT Section 8.01. Appointment of Fiscal Agent. Wells Fargo Bank, National Association, is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The District, and upon the Event of Default, the Original Purchaser, may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Seventy-Five Million Dollars ($75,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 8.01, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the District and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to the District written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Bondowner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. If, by reason of the judgment of any court, the Fiscal Agent is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the Fiscal Agent hereunder shall be assumed by and vest in the Treasurer of the City in trust for the benefit of the Owners. The District covenants for the direct benefit of the Owners that the Treasurer in such case shall be vested with all of the rights and powers of the Fiscal Agent hereunder, and shall 09960.00000\9073258.2 33 P768 assume all of the responsibilities and perform all of the duties of the Fiscal Agent hereunder, in trust for the benefit of the Owners of the Bonds. Section 8.02. Liability of Fiscal Agent. The recitals of facts, covenants, and agreements herein and in the Bonds contained shall be taken as statements, covenants, and agreements of the District, and the Fiscal Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, nor shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants, or agreements of the City or the District herein or of any of the documents executed by the City or the District in connection with the Bonds, or as to the existence of a default or event of default thereunder. The Fiscal Agent shall not be liable for any error of judgment made in good faith by a responsible officer unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or 09960.00000\9073258.2 34 P769 indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Fiscal Agent may become the Owner of the Bonds with the same rights it would have if it were not the Fiscal Agent. All indemnifications and releases from liability granted to the Fiscal Agent hereunder shall extend to the directors, officers, and employees of the Fiscal Agent. Section 8.03. Information. The Fiscal Agent shall provide to the District such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the District shall reasonably request, including, but not limited to, quarterly statements reporting funds held and transactions by the Fiscal Agent. Section 8.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Fiscal Agent may consult with counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Fiscal Agent shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of the District, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may deem reasonable. Section 8.05. Compensation, Indemnification. The District shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, counsel fees, and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The District further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the District under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and 09960.00000\9073258.2 35 P770 discharge of this Agreement, but any monetary obligation of the District arising under this Section shall be limited solely to amounts on deposit in the Local Refunding Obligation Administrative Expense Fund. ARTICLE IX MODIFICATION OR AMENDMENT OF THIS AGREEMENT Section 9.01. Amendments Permitted. This Agreement and the rights and obligations of the District and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of the Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 9.04. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the District to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond; or (ii) permit the creation by the District of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or reduce the percentage of Bonds required for the amendment hereof. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. This Agreement and the rights and obligations of the District and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (i) to add to the covenants and agreements of the District in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the District; (ii) to make modifications not adversely affecting any Outstanding Bonds of the District in any material respect; (iii) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting, or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the District and the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners of the Bonds; (iv) to make such additions, deletions, or modifications as may be necessary or desirable to assure the exclusion from gross income for federal income tax purposes of interest on the Bonds. Section 9.02. Owners' Meetings. The District may at any time call a meeting of the Owners. In such event the District is authorized to fix the time and place of said meeting and to 09960.00000\9073258.2 36 P771 provide for the giving of notice thereof, and to fix and adopt rules and regulations for the conduct of said meeting. Section 9.03. Procedure for Amendment with Written Consent of Owners. The District and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 9.01, to take effect when and as provided in this Section. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consent of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 9.04 and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 11.04. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the District shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 9.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the District and the Owners of all Bonds at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty-day period. Section 9.04. Disqualified Bonds. Bonds owned or held for the account of the City or the District, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article IX, and shall not be entitled to vote upon, consent to, or take any other action provided for in this Article IX. 09960.00000\9073258.2 37 P772 Section 9.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article IX, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the District and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 9.06. Endorsement or Replacement of Bonds Issued After Amendments. The District may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article IX shall bear a notation, by endorsement or otherwise, in form approved by the District, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the District may select and designate for that purpose, a suitable notation shall be made on such Bond. The District may determine that new Bonds, so modified as in the opinion of the District is necessary to conform to such Owners' action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds. Section 9.07. Amendatory Endorsement of Bonds. The provisions of this Article IX shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. ARTICLE X MISCELLANEOUS Section 10.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the District, the City, the Fiscal Agent, and the Owners, any right, remedy, claim under or by reason of this 'Agreement. Any covenants, stipulations, promises, or agreements in this Agreement contained by and on behalf of the District shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 10.02. Cancellation of Bonds. All Bonds surrendered to the Fiscal Agent for payment upon maturity or for redemption shall be upon payment therefor, and any Bond purchased by the District as authorized herein and delivered to the Fiscal Agent for such purpose shall be, cancelled forthwith and shall not be reissued. The Fiscal Agent shall destroy such Bonds, as provided by law, and, upon request of the District, furnish to the District a certificate of such destruction. Section 10.03. Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the District or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on 09960.00000\9073258.2 38 P773 behalf of the District or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 10.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration, or other instrument which this Agreement may require or permit to be executed by the Owners may be in one or more instruments of similar tenor, and shall be executed by the Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the District or the Fiscal Agent in good faith and in accordance therewith. Section 10.05. Waiver of Personal Liability. No member, officer, agent or employee of the District or the City shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 10.06. Notices to and Demands on District and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the District may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the District with the Fiscal Agent) as follows: City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: City Manager Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the District to or on the Fiscal Agent may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Fiscal Agent with the District) as follows: 09960.00000\9073258.2 39 • P774 Wells Fargo Bank, National Association 707 Wilshire Blvd. 17th Floor Los Angeles, CA 90017 Attention: Corporate Trust Department Section 10.07. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The District hereby declares that it would have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 10.08. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payments of such principal, interest and premium have become payable, if such moneys were held by the Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the District as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Bond Owners shall look only to the District for the payment of the principal of, and interest and any premium on, such Bonds. Section 10.09. Provisions Constitute Contract. The provisions of this Agreement shall constitute a contract between the District and the Bondowners and the provisions hereof shall be construed in accordance with the laws of the State of California. In case any suit, action, or proceeding to enforce any right or exercise any remedy shall be brought or taken and, should said suit, action, or proceeding be abandoned, or be determined adversely to the Bondowners or the Fiscal Agent, then the District, the Fiscal Agent, and the Bondowners shall be restored to their former positions rights and remedies as if such suit, action, or proceeding had not been brought or taken. After the issuance and delivery of the Bonds this Agreement shall be irrepealable, but shall be subject to modifications to the extent and in the manner provided in this Agreement, but to no greater extent and in no other manner. Section 10.10. Future Contracts. Nothing herein contained shall be deemed to restrict or prohibit the District from making contracts or creating bonded or other indebtedness payable from a pledge of the Net Special Tax Revenues which is subordinate to the pledge hereunder, or which is payable from taxes or any source other than the Net Special Tax Revenues and other amounts pledged hereunder. Section 10.11. Further Assurances. The District will adopt, make, execute, and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the Bonds the rights and benefits provided in this Agreement. 09960.00000\9073258.2 40 P775 Section 10.12. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Section 10.13. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 10.14. Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. Section 10.15. Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Agreement is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period after such date. Section 10.16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. ARTICLE XI DOCUMENTS TO BE DELIVERED AT CLOSING Section 11.01. Documents to be Delivered at Closing. On or prior to the Closing Date, each of the District, the Fiscal Agent, and the Original Purchaser shall receive one copy of each of the following documents relating to the authorization and issuance of the Bonds: Section 11.02. Final Opinion of Bond Counsel. The final opinion of Bond Counsel, dated the Closing Date, substantially in the form set forth in the Form of Bond attached as in Exhibit B hereto, together with a letter dated the Closing Date and addressed to each of the Fiscal Agent and the Original Purchaser authorizing the Original Purchaser to rely on said opinion. Section 11.03. Supplemental Opinion of Bond Counsel. A supplemental opinion of Bond Counsel, dated the Closing Date, addressed to the Fiscal Agent and the Original Purchaser to the effect that: A. the District is a community facilities district duly organized and existing under the Constitution and laws of the State of California; B. the District has full legal power and lawful authority to enter into this Fiscal Agent Agreement, the Escrow Agreement, and the Bonds (collectively the "District Documents") and carry out the transactions contemplated under the District Documents; and 09960.00000\9073258.2 41 P776 C. the District Documents have been duly authorized, executed, and delivered by the District and constitute the legal, valid, and binding obligations of the District enforceable against the District in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditors' rights, to the application of equitable principles where equitable remedies are sought, and to the exercise of judicial discretion in appropriate cases. Section 11.04. Defeasance Opinion of Bond Counsel. A defeasance opinion of Bond Counsel, dated the Closing Date, with respect to the Prior Special Tax Bonds. Section 11.05. Opinion of City Attorney. An opinion of the City Attorney of the City on behalf of the District, dated the Closing Date and addressed to the Fiscal Agent and the Original Purchaser to the effect that: A. the resolution approving the issuance of the Bonds has been duly adopted at a meeting of the City Council, acting as the legislative body of the District, which meeting was called and held pursuant to law with all public notice required by law and at which a quorum was present and acting throughout and such resolution is in full force and effect and has not been modified, amended, or rescinded; B. to the best knowledge of such counsel, there is no action, suit, proceeding, or investigation before or by any court, public board, or body pending (notice of which has been served on and received by the District) or threatened in writing against the District, challenging the creation, organization, existence, or powers of the District or the titles of its members and officers to their respective offices, seeking to restrain or enjoin the repayment of the Bonds, in any way contesting or challenging the validity of the District Documents or the authority of the District to enter into or perform its obligations under any of the District Documents, questioning the right of the District to use the Special Taxes levied within the District for repayment of the Bonds or the right or ability of the District to collect or pledge the Special Taxes levied within the District, or wherein an unfavorable decision, ruling, or finding would materially adversely affect the right of the District to use the Special Taxes levied within the District for repayment of the Bonds or the right or ability of the District to collect or pledge the Special Taxes levied within the District; and C. to the best knowledge of such counsel, the execution and delivery of the District Documents and compliance with the provisions thereof under the circumstances contemplated thereby, (a) do not in any material respect conflict with or constitute on the part of the District a breach of or default under any agreement or other instrument to which the District is a party or by which it is bound, and (b) do not and will not in any material respect constitute on the part of the District a violation, breach of, or default under any court order or consent decree to which the District is subject. Section 11.06. Opinion of Counsel to the Escrow Bank and Fiscal Agent. An opinion of counsel to the Escrow Bank and the Fiscal Agent (the "Bank"), dated the Closing Date, and addressed to the District and the Original Purchaser to the effect that: 09960.00000\9073258.2 42 P777 A. the Bank is a national banking association, duly organized and validly existing under the laws of the United States, having full power to enter into and perform its obligations under the Fiscal Agent Agreement, and the Escrow Agreement (collectively, the "Bank Agreements"); B. assuming due execution by the other parties thereto, the Bank Agreements have been duly authorized, executed, and delivered by the Bank and constitute the legal, valid, and binding obligations of the Bank enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; C. no consent, approval, authorization, or other action by any governmental or regulatory authority having jurisdiction over the Bank that has not been obtained is or will be required for the execution and delivery of the Bank Agreements or the consummation of the transactions contemplated by the Bank Agreements; and D. to the best knowledge of the Bank after due inquiry, the execution and delivery by the Bank of the Bank Agreements and compliance with the terms thereof will not conflict with, or result in a violation or breach of, or constitute a default under, any loan agreement, indenture, bond, note, resolution, or any other agreement or instrument to which the Bank is a party or by which it is bound, or any law or any rule, regulation, order, or decree of any court or governmental agency or body having jurisdiction over the Bank or any of its activities or properties (except that no representation, warranty, or agreement is made by the Bank with respect to any federal or state securities or blue sky laws or regulations). Section 11.07. District Certificate. A certificate of the District, dated the Closing Date and signed by an authorized official of District, to the effect that: A. the District is a community facilities district, duly organized and validly existing under the Constitution and laws of the State, with full right, power, and authority to enter into the District Documents, adopt the resolution authorizing the issuance of the Bonds and the entering into the District Documents and to take all other actions on the part of the District relating thereto, issue, sell, and deliver the Bonds to the Original Purchaser, and carry out and consummate the transactions on its part contemplated by the District Documents; B. by all necessary official action of the City Council, as the legislative body of the District, the District has duly authorized and approved the execution and delivery by the District of, and the performance by the District of the obligations on its part contained in, the District Documents and, as of the Closing Date, such authorizations and approvals are in full force and effect and have not been amended, modified, or rescinded. When executed and delivered by the parties thereto, the District Documents will constitute the legally valid and binding obligations of the District enforceable upon the District in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, or similar laws or equitable principles relating to or affecting creditors' rights generally; 09960.00000\9073258.2 43 P778 C. the Special Taxes have been duly and lawfully levied under and pursuant to the provisions of the Act; and the Special Taxes constitute a valid and legally binding lien on land in the District. The Special Taxes are not subject to repeal or reduction by action of the City Council if the effect thereof would interfere with the timely payment of the principal of and interest on the Bonds; D. as of the Closing Date, the District is not, in any material respect, in breach of or in default under any applicable constitutional provision, law, or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement, or other instrument to which the District is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach, default, or event could have a materially adverse effect on the District's ability to perform its obligations under the District Documents; and, as of the Closing Date, the authorization, execution, and delivery of the District Documents and compliance by the District with the provisions of each of such agreements or instruments does not and will not, in any material respect, conflict with or constitute a breach of or default under any applicable constitutional provision, law, or administrative rule or regulation of the State or the United States, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement, or other instrument to which the District (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound, nor will any such authorization, execution, delivery, or compliance result in the creation or imposition of any lien, charge, or other security interest or encumbrance of any nature whatsoever upon any of its assets or properties or under the terms of any such law, regulation or instrument, except as may be provided by the District Documents; E. as of the Closing Date, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, government agency, public board, or body (collectively and individually, an "Action") pending (notice of which has been served on and received by the District) or, to the best knowledge of the District, threatened, in which any such Action (i) in any way questions the corporate existence of the District or the titles of the officers of the District to their respective offices; (ii) affects, contests, or seeks to prohibit, restrain, or enjoin the issuance or delivery of the Bonds or the payment or collection of installments of the Special Taxes or any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contests or affects the validity of the District Documents or the consummation of the transactions on the part of the District contemplated thereby; or (iii) contests the exemption of interest on the Bonds from State income taxation or contests the powers of District which may result in any material adverse change relating to the financial condition of the District; and, as of the Closing Date, and to the best knowledge of the District, there is no basis for any Action of the nature described in clauses (i) through (iii) of this paragraph; F. the Bonds, when issued, executed, and delivered in accordance with this Fiscal Agent Agreement, will be validly issued and outstanding limited obligations of the District, entitled to the benefits of this Fiscal Agent Agreement. This Fiscal Agent Agreement creates a valid pledge of the monies in certain funds and accounts established pursuant thereto, subject in 09960.00000\9073258.2 44 P779 all cases to the provisions of this Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth herein; and G. all authorizations, approvals, licenses, permits, consents, elections, and orders of or filings with any governmental authority, legislative body, board, agency, or commission having jurisdiction in the matters which are required by the Closing Date for the due authorization of, or which would constitute a condition precedent to, or the absence of which would materially adversely affect the due performance by the District of, its obligations in connection with the District Documents have been duly obtained or made and are in full force and effect. Section 11.08. Bank's Certificate. A certificate of the Bank, dated the Closing Date, to the following effect: A. the Bank is duly organized and existing as a national banking association in good standing under the laws of the United States, having the full power and authority to accept and perform its duties under the Bank Agreements; B. the Bank Agreements have been duly authorized, executed, and delivered by the Bank and constitute the legal, valid, and binding obligations of the Bank enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, or other laws affecting enforcement of creditors rights, or by the application of equitable principles if equitable remedies are sought; C. the Bank is duly authorized to accept the obligations created by the Bank Agreements, and to authenticate the Bonds pursuant to the terms of this Fiscal Agent Agreement; and to authenticate the Bonds pursuant to the terms of the Fiscal Agent Agreement; D. the Bonds have been duly authenticated pursuant to the terms of this Fiscal Agent Agreement; E. to the best knowledge of the Bank, after due inquiry, there is no action, suit, proceeding, or investigation, at law or in equity, before or by any court or governmental agency, public board or body pending against the Bank or threatened against the Bank which in the reasonable judgment of the Bank would affect the existence of the Bank or in any way contesting or affecting the validity or enforceability of the Bank Agreements or contesting the powers of the Bank or its authority to enter into and perform its obligations under the Bank Agreements; and F. no consent, approval, authorization, or other action by any governmental or regulatory authority having jurisdiction over the Bank that has not been obtained is or will be required for the authentication of the Bonds or the consummation by the Bank of the other transactions contemplated to be performed by the Bank in connection with the authentication of the Bonds and the acceptance and performance. by the Bank of the obligations created by the Bank Agreements. 09960.00000\9073258.2 45 P780 Section 11.09. Verification Letter. A letter addressed to the District, dated on or before the Closing Date, from Causey, Demgen & Moore Inc., Denver, Colorado (the "Verification Agent"), verifying the accuracy of the mathematical computations concerning the adequacy of the moneys to be deposited with the Escrow Bank in the Escrow Fund under the Escrow Agreement to pay when due pursuant to the stated maturity or call for redemption the principal of and interest and premium with respect to the Prior Special Tax Bonds. Section 11.10. Resolutions. Copies of the resolution adopted by the City Council, as the legislative body of the District, authorizing the issuance of the Bonds, certified by the City Clerk of the City and the authorizing resolutions of the Bank; Section 11.11. CDIAC Statements. Copies of the statements with respect to the sale of the Bonds required to be delivered to the California Debt and Investment Advisory Committee pursuant to Sections 53583 and 8855 of the California Government Code; Section 11.12. Form 8038-G. Evidence that the federal tax information form 8038-G has been prepared by Bond Counsel for filing; Section 11.13. Tax Certificate. The Tax Certificate of the District, in form satisfactory to Bond Counsel, signed by an appropriate officer of the District; and Section 11.14. Additional Documents. Such additional legal opinions, certificates, instruments, and other documents as Bond Counsel or the Original Purchaser may reasonably deem necessary. [Remainder of this page intentionally left blank.] 09960.00000\9073258.2 46 P781 IN WITNESS WHEREOF, the District has caused this Agreement pertaining to the Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014 to be executed in its name and the Fiscal Agent has caused this Agreement to be executed in its name, all as of the date and year first herein above written. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) By: John R. Gillison City Manager WELLS FARGO BANK,NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer Acknowledged and Agreed to by: CITY NATIONAL BANK By: Name: Title: S - 1 09960.00000\9073258.2 P782 EXHIBIT A FORM OF BOND No. R-1 $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) SPECIAL TAX REFUNDING BONDS, SERIES 2014 THIS BOND MAY ONLY BE TRANSFERRED TO AN "ACCREDITED INVESTOR" WITHIN THE MEANING OF REGULATION D UNDER THE SECURITIES ACT OF 1933, AS AMENDED, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. MATURITY DATE DATED DATE INTEREST RATE 3.90% September 1, 2035 July_, 2014 REGISTERED OWNER: CITY NATIONAL BANK, a PRINCIPAL AMOUNT: DOLLARS The City of Rancho Cucamonga (the "City") for and on behalf of the City of Rancho Cucamonga. Community Facilities District No. 2000-03 (Rancho Summit) (the "District"), for value received, hereby promises to pay solely from Net Special Tax Revenues (as defined in the Agreement) to be collected within the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner (the "Owner") named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually five (5) days prior to each September 1 and March 1, commencing March 1, 2015 (each an "Interest Payment Date"), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered Owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the office of Wells Fargo Bank, National Association (the "Fiscal Agent"). Interest on the Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Fiscal Agent mailed at least five (5) days preceding the Interest Payment Dates by first class mail to the A - 1 09960.00000\9073258.2 P783 registered Owner thereof at such registered Owner's address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon instructions of any Owner of$1,000,000 or more in aggregate principal amount of Bonds. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $ .00 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-Roos Act") and designated the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014. The Bonds have been issued for the purpose of refunding the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds (the "Prior Special Tax Bonds"). The issuance of the Bonds and the terms and conditions thereof are provided for by the Fiscal Agent Agreement, dated as of July 1, 2014 (the "Agreement"), by and between the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) and the Fiscal Agent and this reference incorporates the Agreement herein, and by acceptance hereof the Owner of this Bond assents to said terms and conditions. Capitalized terms used herein shall have the meanings ascribed to such terms in the Agreement unless otherwise specified herein. Pursuant to the Mello-Roos Act and the Agreement, the principal of and interest on this Bond are payable solely from Net Special Tax Revenues of the annual special tax authorized under the Mello-Roos Act to be collected within the District (the "Special Tax") and certain funds held under the Agreement. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication; or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City of Rancho Cucamonga for which said City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The District has covenanted for the benefit of the Owners of the Bonds that it will order, and cause to be commenced as provided in the Agreement, and thereafter diligently prosecute to judgment, an action in the superior court to foreclose the lien of any Special Tax or installment thereof not paid when due. A - 2 09960.00000\9073258.2 P784 The Bonds or any portion of the principal thereof, in the principal amount of$100,000 or any integral multiple of$5,000 in excess thereof, may be redeemed, at the option of the City from any source of funds (excluding Prepayments transferred from the Prepayment Account of the Bond Service Fund) on any date on or after March 1, 2024, subject to the restrictions upon refunding of bonds specified in the Act and subject to the conditions and provisions of the Agreement, by giving notice as provided in the Agreement, causing the Fiscal Agent to give notice as provided by the Agreement and by paying the redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest to the date of redemption. The Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part from such maturities, as are selected by the District, from Prepayments of Special Taxes a redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest thereon to the date of redemption; provided, however, that the Bonds that remain Outstanding after any such mandatory redemption pursuant shall be in authorized denominations of$100,000 or any integral multiple of$5,000 in excess thereof. The Bonds maturing on September 1, 2035, shall be called before maturity and redeemed, from the sinking fund payments that have been deposited into the Bond Service Fund, on March 1, 2015, and on each September 1 thereafter prior to maturity, in accordance with the schedule of sinking fund payments set forth in Attachment I hereto. The Bonds so called for redemption shall be selected by the Fiscal Agent by lot and shall be redeemed at a redemption price for each redeemed Bond equal to the principal amount thereof, plus accrued interest to the redemption date, without premium. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered Owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. This Bond shall be registered in the name of the Owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. Except as provided in the Agreement, any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of the Agreement by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form approved by the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the District shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfers of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond A - 3 09960.00000\9073258.2 P785 after such Bond has been selected for redemption; or (iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond after such Bond has been selected for redemption; or (iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. The Fiscal Agent Agreement and the rights and obligations of the Agency thereunder may be modified or amended as set forth therein. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or Constitution of the State of California. [Remainder of this page intentionally left blank.] A - 4 09960.00000\9073258.2 P786 IN WITNESS WHEREOF, the City of Rancho Cucamonga Community Facilities District 2000- 03 (Rancho Summit) has caused this Bond to be dated February _, 2014, to be signed by the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of the City Clerk, each acting for and on behalf of such community facilities district. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) BY: Mayor BY: City Clerk A - 5 09960.00000\9073258.2 P787 FISCAL AGENT'S CERTIFICATE OF AU THENTICAHON This is one of the Bonds described in the Resolution and the Agreement which has been authenticated on WELLS FARGO BANK, NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer A - 6 09960.00000\9073258.2 P788 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint , attorney, to transfer the same on the registration books of the Fiscal Agent, with full power of substitution in the premises. Dated: NOTICE: The signature(s) on this assignment must correspond with the name(3) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. A - 7 09960.00000\9073258.2 P789 EXHIBIT B FORM OF OPINION OF BOND COUNSEL City of Rancho Cucamonga, for and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: $ City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014 BOND OPINION Ladies and Gentlemen: We have acted as Bond Counsel in connection with the issuance and sale by the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the "District") of the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014 in the aggregate principal amount of$ , (the "Bonds"). The Bonds are issued pursuant to the Mello Roos Community Facilities Act of 1982, as amended (comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California), Resolution No. 14- adopted by the City Council of the City of Rancho Cucamonga, acting in its capacity as the Legislative Body of the District, on July 16, 2014, and the Fiscal Agent Agreement, dated as of July 1, 2014 (the "Fiscal Agent Agreement"), and entered into by and between the District and Wells Fargo Bank, National Association, as Fiscal Agent. Capitalized terms used herein and not otherwise defined shall have the meanings given such terms in the Fiscal Agent Agreement. As Bond Counsel, we have examined copies certified to us as being true and complete copies of the proceedings in connection with the formation of the District and the issuance of the Bonds (the "Proceedings"). We have also examined certificates and representations of fact made by public officials and officers of the City on behalf of itself and the District and others as we have deemed necessary to render this opinion. Attention is called to the fact that we have not been requested to examine and have not examined any documents or information relating to the District or the City other than the record of the Proceedings hereinabove referred to, and no opinion is expressed as to any financial or other information, or the adequacy thereof which has been or may be supplied to any purchaser of the Bonds. In rendering this opinion, we have relied upon the representations of fact and certifications referred to above, and we have not undertaken by independent investigation to verify the accuracy of the factual matters represented, warranted or certified therein. B - 1 09960.00000\9073258.2 P790 The opinions expressed herein are based on an analysis of existing laws, regulations, rulings and court decisions. The opinions may be affected by actions or events occurring after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions or events occur. As to questions of fact material to our opinion, we have relied upon the representations of fact and certifications referred to above, and we have not undertaken by independent investigation to verify the authenticity of signatures or the accuracy of the factual matters represented, warranted or certified therein. It is to be understood that the rights and obligations under the Bonds and the Fiscal Agent Agreement are subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws heretofore or hereafter enacted, affecting the enforcement of creditors' rights and remedies, to the application of equitable principles when equitable remedies are sought, and to the exercise of judicial discretion in appropriate cases. Based on and subject to the foregoing, and in reliance thereon, and our consideration of such questions of law as we have deemed relevant to the circumstances, we are of the following opinions: 1. The District has, and the Proceedings show, full power and authority to issue the Bonds. The Bonds constitute legal, valid and binding limited obligations of the District, payable in accordance with their terms. The District has the full right, power and authority to levy and pledge the Special Taxes (as defined in the Fiscal Agent Agreement) to the owners of the Bonds. The Bonds are limited obligations of the District payable solely from and secured by a pledge of the Net Special Tax Revenues (as defined in the Fiscal Agent Agreement), and from certain other funds and accounts pursuant to the Fiscal Agent Agreement and are not obligations of the City, the State of California, or any public agency thereof(other than the District). 2. The Fiscal Agent Agreement has been duly and validly authorized, executed and delivered by, and constitutes the valid and binding obligation of, the District. 3. Under existing statutes, regulations, rulings and court decisions, and assuming compliance by the District with the covenants mentioned hereinbelow, the interest on the Bonds is excluded from gross income for purposes of federal income taxation. Interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that, with respect to corporations, such interest will be included as an adjustment in the calculation of alternative minimum taxable income, which may affect the alternative minimum tax liability of corporations. 4. Interest on the Bonds is exempt from personal income taxation imposed by the State of California. B - 2 09960.00000A9073258.2 P791 The opinions expressed in paragraph 3. above as to the exclusion from gross income for federal income tax purposes of interest on the Bonds are subject to the condition that the District comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds to assure that such interest will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The District has covenanted to comply with all such requirements. Except as set forth in paragraph 3. above, we express no opinion as to any federal tax consequences related to the Bonds. We are admitted to the practice of law only in the State of California and our opinions is limited to matters governed by the laws of the State of California and federal law. We assume no responsibility with respect to the applicability or the effect of the laws of any other jurisdiction. The opinions expressed herein may be affected by actions taken (or not taken) or events occurring (or not occurring) after the date hereof. Our engagement as Bond Counsel with respect to the Bonds terminates upon the issuance of the Bonds and we have not undertaken to determine, or to inform any person, whether any such actions or events are taken (or not taken) or do occur (or do not occur). We express no opinion as to any matter other than as expressly set forth above. Respectfully Submitted, BEST BEST & KRIEGER LLP • B - 3 09960.00000\9073258.2 P792 EXHIBIT C PERMITTED INVESTMENTS "Permitted Investments" means any of the investments listed below that at the time of investment are legal investments under the laws of the State of California for the moneys proposed to be invested therein (provided that the Trustee shall have no duty to investigate the legality of any investments): A. The following obligations may be used for all purposes, including defeasance investments: (1) Cash (insured at all times by the Federal Deposit Insurance Corporation). (2) Obligations of, or obligations guaranteed as to principal and interest by, the U.S. or any agency or instrumentality thereof, when such obligations are backed by the full faith and credit of the U.S. including: (a) U.S. treasury obligations, (b) all direct or fully guaranteed obligations, (c) Farmers Home Administration, (d) General Services Administration, • (e) Guaranteed Title XI financing, (0 Government National Mortgage Association (GNMA), (g) State and Local Government Series. Any security used for defeasance must provide for the timely payment of principal and interest and cannot be callable or pre-payable prior to maturity or earlier redemption of the rated debt (excluding securities that do not have a fixed par value and/or whose terms do not promise a fixed dollar amount at maturity or call date). B. The following obligations may be used as for all purposes other than defeasance investments in refunding escrow accounts: (1) Obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including: (a) Export-Import Bank, (b) Rural Economic Community Development Administration, (c) U.S. Maritime Administration, C - 1 09960.00000A9073258.2 P793 (d) Small Business Administration, (e) U.S. Department of Housing & Urban Development(PHAs), (f) Federal Housing Administration, (g) Federal Financing Bank. (2) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America: (a) senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC); (b) obligations of the Resolution Funding Corporation (REFCORP); (c) senior debt obligations of the Federal Home Loan Bank System. (3) U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-I" by Moody's and "A-I" or "A-I+" by S&P and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank). (4) Commercial paper which is rated at the time of purchase in the single highest classification, "P-l" by Moody's and "A-I+" by S&P and which matures not more than 270 calendar days after the date of purchase. (5) Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P including funds for which the Trustee or an affiliate provides investment advice or other services. (6) Pre-refunded municipal obligations defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice: (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of Moody's or S&P or any successors thereto; or (b) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in A.(2) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which C - 2 09960.00000\9073258.2 P794 escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate. (7) Municipal obligations rated "Aaa/AAA" or general obligations of States with a rating of"A2/A" or higher by both Moody's and S&P. (8) Investment in the Local Agency Investment Fund of the State of California (LAIF), provided that any investment of the type authorized pursuant to paragraphs (d), (e), (h), and (i) of Section 53601 of the California Government Code are additionally restricted as provided in the appropriate paragraph or paragraphs above applicable to such type of investment and provided further that investments authorized pursuant to paragraphs (r) and (m) of Section 53601 of the California Government Code are not permitted. • C - 3 09960.00000\9073258.2 P795 EXHIBIT D FORM OF LETTER OF REPRESENTATIONS City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: Finance Director Re: City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014 The undersigned, WAB Investments, Inc. (the "Purchaser"), hereby certifies, represents, and warrants to the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the "District") as follows: (i) The Purchaser has purchased on the date hereof the above-referenced bonds (the "Bonds"), the outstanding principal amount of which is $ .00, issued pursuant to the Fiscal Agent Agreement, dated as of July 1, 2014 (the "Fiscal Agent Agreement"), by and between the District and Wells Fargo .Bank, National Association, as fiscal agent, and acknowledged and agreed to by the Purchaser, as the original purchaser of the Bonds. (ii) The Bonds are being acquired by the Purchaser for its own account and not with a present intent for any resale or distribution thereof, in whole or in part, to others; provided, however, that the Purchaser shall not be precluded from transferring or assigning its interest in the Bonds in accordance with the terms and conditions set forth in the Fiscal Agent Agreement; provided, however, the Purchaser will not transfer or assign its interest in the Bonds unless the proposed transferee or assignee executes and provides to the District a Letter of Representations substantially similar in form and substance to this Letter of Representations and acceptable to Bond Counsel (as such term is defined in the Fiscal Agent Agreement). The Purchaser is not participating, directly or indirectly, in a distribution of the Bonds and will not take, or cause to be taken, any action that would cause the Purchaser to be deemed an "underwriter" of such Bonds as defined in Section 2(11) of the Securities Act of 1933, as amended (the "Securities Act"). The Purchaser understands that the District has no obligation to register the Bonds for resale under the Securities Act. The Purchaser further understands that the Bonds are being sold in a transaction that is exempt from the registration requirements of the Securities Act. The Purchaser acknowledges that the District will not be entering into a continuing disclosure agreement pursuant to Section 15c2-12 of the Securities Exchange Act of 1934, as amended. D - 1 09960.00000\9073258.2 P796 (iii) The Purchaser has received and carefully read all information and other items of disclosure relating to the District and the Bonds that the Purchaser has deemed material (the "Disclosure Items") and, in connection therewith, has had access to all other materials; books, records, documents, and information relating to the District and the Bonds, and has been able to verify the accuracy of, and supplement, the information contained therein. (iv) The Purchaser has had an opportunity to ask questions of, and receive satisfactory answers from, duly designated representatives of the District concerning the terms and conditions pursuant to which the offer to purchase the Bonds is being made, and any request for such information has been fully complied with to the extent the District possesses such information or can acquire it without unreasonable effort or expense. (v) The Purchaser is a bank that has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of a loan of bond proceeds (i) the information (including the information set forth in the Disclosure Items) furnished to it by the District; (ii) its or such representative's personal knowledge of the business and affairs of the District; (iii) the records, files, and plans of the District, to all of which it or such representative has had full access; (iv) such additional information as it or such representative may have requested and have received from the District; and (v) the independent inquiries and investigations undertaken by it or such representative. (vi) The Purchaser represents that it can bear the economic risk of loss of a loan of bond proceeds; it has adequate means for providing for its current needs and personal contingencies; and it has no need for liquidity with respect to its acquisition of the Bonds. (vii) The Purchaser's overall commitment to a loan of bond proceeds that are not readily marketable is not disproportionate to its net worth, and its purchase of the Bonds will not cause such overall commitment to become excessive. (viii) The Purchaser certifies that it is an "accredited investor" within the meaning of Regulation D under the Securities Act and applicable state securities laws. (ix) No person has given any information or made any representation not contained in any Disclosure Items referred to above or otherwise provided to the Purchaser in writing by a person employed or authorized in writing by the District. The Purchaser understands and agrees that any information or representation not contained therein must not, and will not, be relied upon and that nothing contained therein should be construed as legal or tax advice to the Purchaser. (x) No person has made any direct or indirect representation or warranty of any kind to the Purchaser with respect to the economic return which may accrue to the Purchaser. The Purchaser has consulted with its own tax counsel and other advisors with respect to an investment in the Bonds. D - 2 09960.00000\9073258.2 P797 (xi) The signatory of this letter is a duly authorized officer of the Purchaser with the authority to sign this letter on behalf of the Purchaser, and this letter has been duly authorized, executed, and delivered by the Purchaser. DATED: CITY NATIONAL BANK By: Name: Title: • D - 3 09960.00000\9073258.2 P798 ESCROW DEPOSIT AND TRUST AGREEMENT among CITY OF RANCHO CUCAMONGA, CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank Dated as of July 1, 2014 Re: CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) 2005 SPECIAL TAX BONDS 09960.00000\9075431.2 P799 ESCROW DEPOSIT AND TRUST AGREEMENT This ESCROW DEPOSIT AND TRUST AGREEMENT, dated as of July 1, 2014 (the "Escrow Agreement"), among CITY OF RANCHO CUCAMONGA (the "City"), CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), a community facilities district organized and existing by virtue of the Constitution and laws of the State of California (the "District"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank (the "Escrow Bank") and as Prior Fiscal Agent (defined below); WITNESSETH: WHEREAS, the City, acting for and on behalf of the District, has heretofore entered into a Fiscal Agent Agreement with Wells Fargo Bank, National Association, as fiscal agent (the "Prior Fiscal Agent"), dated as of September 1, 2005 (the "Prior Fiscal Agent Agreement"); and WHEREAS, pursuant to the Prior Fiscal Agent Agreement the City, acting for and on behalf of the District, issued the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds, in the original principal amount of$9,835,000 (the "Prior Special Tax Bonds"); and WHEREAS, the Prior Fiscal Agent Agreement provides that City, acting on behalf of the District, shall have the option to pay and discharge the entire indebtedness on the outstanding Prior Special Tax Bonds by irrevocably depositing with the Prior Fiscal Agent, in trust, cash and Federal Securities (as defined in the Prior Fiscal Agent Agreement) in such amount as the City shall determine, as confirmed by an independent certified public accountant, will, together with moneys then on deposit in certain funds and accounts established pursuant to the Prior Fiscal Agent Agreement [and certain additional moneys then on deposit with the City for and on behalf of the District], be fully sufficient to pay and discharge the indebtedness on the Prior Special Tax Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates; and WHEREAS, the City and the District have determined that it is in the best interests of the District at this time to refinance the Prior Special Tax Bonds and cause the redemption thereof on September 1, 2014, at a redemption price equal to 101% of the principal amount thereof, plus accrued interest thereon to the date of redemption; and WHEREAS, the City and the District propose to make and/or cause the deposit of moneys to be made with the Escrow Bank and to appoint the Escrow Bank as their agent for the purpose of applying said deposit to the payment and redemption of the Prior Special Tax Bonds in accordance with the instructions provided by this Escrow Agreement and the Prior Fiscal Agent Agreement, and the Escrow Bank will accept said appointment; and WHEREAS, to obtain moneys to make such deposit, the District proposes to issue its $ Community Facilities District No. 2000-03 (Rancho Summit) Special Tax Refunding Bonds, Series 2014 (the "2014 Bonds") pursuant to that certain Fiscal Agent Agreement, dated as of July 1, 2014 (the "Fiscal Agent Agreement"), by and between the 1 09960.00000\9075431.2 P800 Community Facilities District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"); and WHEREAS, the City and the District wish to make such deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the irrevocable escrow and trust created herein and to perform the duties and obligations to be undertaken pursuant to this Escrow Agreement. NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The City and the District hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the City and the District with, and to be held by, the Escrow Bank, an irrevocable escrow to be maintained in trust by the Escrow Bank on behalf of the District and for the benefit of the owners of the Prior Special Tax Bonds, said escrow to be designated the "Escrow Fund." All moneys deposited in the Escrow Fund shall be held as a special fund for the payment of the redemption price of the Prior Special Tax Bonds, plus accrued interest thereon to the date of redemption, in accordance with the provisions of the Prior Fiscal Agent Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 3 hereof, the Escrow Bank shall notify the District of such fact and the District shall immediately cure such deficiency. Section 3. Deposit into Escrow Fund. Concurrently with delivery of the Bonds, the City and Community Facilities District shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ (the "Escrow Fund Deposit Amount") in immediately available funds which shall be derived as follows: (a) $ with respect to the Prior Special Tax Bonds representing (i) $ of funds on deposit in the Reserve Fund established pursuant to the Prior Fiscal Agent Agreement, and (ii) $ of funds on deposit in the Redemption Fund established pursuant to the Prior Fiscal Agent Agreement, (b) $ of Special Taxes on deposit with the City and held for and on behalf of the District for the payment of debt service on the Prior Special Tax Bonds, and (c) $ from the Fiscal Agent pursuant to the Fiscal Agent Agreement from the proceeds of the 2014 Bonds. Causey, Demgen & Moore Inc., certified public accountants, has prepared a report at to the sufficiency of the Escrow Fund Deposit Amount to pay the principal and interest on the outstanding Prior Special Tax Bonds on September 1, 2014 (the "Verification Report"), a copy of which is attached as Appendix A hereto and incorporated herein by this reference. 2 09960.00000\9075431.2 P801 The Escrow Bank shall hold the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in cash uninvested (the "Cash"). Such Cash shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. Section 4. Instructions to Escrow Bank and Prior Fiscal Agent. The City and the District hereby irrevocably direct and instruct the Escrow Bank to redeem the outstanding Prior Special Tax Bonds in full on September 1, 2014 at a redemption price equal to 101% of the principal amount thereof, together with accrued interest to the date of redemption, all as more particularly set forth in Exhibit B to the Verification Report. For such purpose of call and redemption prior to maturity of the Prior Special Tax Bonds, the District hereby instructs the Prior Fiscal Agent, and the Prior Fiscal Agent hereby agrees to cause to be given notice of redemption of the Prior Special Tax Bonds to the Owners (as such term is defined in the Prior Fiscal Agent Agreement) thereof and to Stifel, Nicolaus & Company, Incorporated, as successor to Stone & Youngberg LLC as the initial purchaser of the Prior Special Tax Bonds, on or before August 1, 2014, such notice of redemption to be given substantially in the form set forth in Exhibit B attached hereto and hereby made a part hereof and timely for redemption of the Prior Special Tax Bonds on September 1, 2014, in accordance with the applicable provisions of the Prior Fiscal Agent Agreement. Section 5. Application of Certain Terms of Prior Fiscal Agent Agreement. All of the terms of the Prior Fiscal Agent Agreement relating to the making of payments of principal and interest with respect to the Prior Special Tax Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Fiscal Agent Agreement relating to the limitations from liability and protections afforded the Prior Fiscal Agent and the resignation and removal of the Prior Fiscal Agent are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 6. Compensation to Escrow Bank. The District shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto pursuant to a separate agreement between the District and the Escrow Bank. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. Section 7. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the District shall have deposited sufficient funds with the Escrow Bank to satisfy such obligation. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the City and/or the District or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank undertakes such duties as specifically set forth herein and no implied duties or obligations shall be read into this Escrow Agreement against the Escrow Bank. 3 09960.00000\9075431.2 P802 The District hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys or securities by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties;provided, however, that the District shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement and the resignation and removal of the Escrow Bank. The Escrow Bank shall not have any liability hereunder except to the extent of its own negligence or willful misconduct. In no event shall the Escrow Bank be liable for any special indirect or consequential damages. The Escrow Bank may consult with counsel of its own choice and the opinion of such counsel shall be full and complete authorization to take or suffer in good faith any action hereunder in accordance with such opinion of counsel. The Escrow Bank shall not be responsible for any of the recitals or representations contained herein. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. Section 8. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the Prior Special Tax Bonds then outstanding shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, but only (1) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the District, (2) to cure, correct or supplement any ambiguous or defective provision contained herein, or (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not adversely affect the interests of the owners of the Prior Special Tax Bonds or the Bonds, and that such amendment will not cause interest on the Prior Special Tax Bonds or the Bonds to become subject to federal income taxation. 4 09960.00000\9075431.2 P803 Section 9. Termination; Unclaimed Money. This Escrow Agreement shall terminate when the Prior Special Tax Bonds have been paid; provided, however, that (i) money held by the Escrow Bank pursuant to this Escrow Agreement for the payment and discharge of any of the Prior Special Tax Bonds (which shall not be payable as to interest from and after the date set for redemption) which remain unclaimed for two (2) years after such payments were due, shall be repaid by the Escrow Bank to the District free from the trust created by the Prior Fiscal Agent Agreement and this Escrow Agreement, and the Escrow Bank shall thereupon be released and discharged with respect thereto and hereto and all liability of the Escrow Bank with respect to such money shall thereupon cease and (ii) excess moneys held by the Escrow Bank not needed for the payment and discharge of the Prior Special Tax Bonds shall be transferred to the Bond Fund under the Fiscal Agent Agreement. Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice to Escrow Bank, the Prior Fiscal Agent, the City and the District. Any notice or demand which by any provision of this Escrow Agreement is required or permitted to be given or served by the Escrow Bank or the Prior Fiscal Agent to or on the City and/or the District may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the City and/or the District with the Escrow Bank or the Prior Fiscal Agent, as applicable) as follows: City of Rancho Cucamonga Community Facilities District No. 2000-03 c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: City Manager Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City and/or the District to or on the Prior Fiscal Agent or Escrow Bank may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Prior Fiscal Agent or Escrow Bank with the City and/or the District) as follows: Wells Fargo Bank, National Association 707 Wilshire Blvd. 17th Floor Los Angeles, CA 90017 Attention: Corporate Trust Department Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as Prior Fiscal Agent, 5 09960.00000\9075431.2 P804 and the Prior Fiscal Agent Agreement, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall constitute but one and the same instrument. [Balance of this page intentionally left blank.] 6 09960.00000\9075431.2 P805 IN WITNESS WHEREOF, the City, the District and the Escrow Bank have each caused this Escrow Deposit and Trust Agreement to be executed by their duly authorized officers all as of the date first above written. CITY OF RANCHO CUCAMONGA By: John R. Gillison City Manager CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) By: John R. Gillison City Manager WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank By: Authorized Officer S-1 09960.00000\9075431.2 P806 EXHIBIT A VERIFICATION REPORT • A - 1 09960.00000\9075431.2 P807 EXHIBIT B CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) 2005 SPECIAL TAX BONDS NOTICE IS HEREBY GIVEN that the above-captioned bonds (the `Bonds") have been called for redemption on September 1, 2014 (the "Redemption Date") pursuant to Section 2.3(A)(i) of the Fiscal Agent Agreement, dated as of September 1, 2005, by and between Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"), and the City of Rancho Cucamonga, for and on behalf of Community Facilities District No. 2000-03 (Rancho Summit") (the "District"). The Bonds will be prepaid at 101% of the principal amount, plus accrued interest (the "Redemption Price"). Interest will be paid in the usual manner. Subject to the satisfaction of the above contingency, the following Bonds will be redeemed and paid upon presentation: Maturity Redemption Se s tember 1 Princi s al Interest Rate Price CUSIP* 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2025 2025 2029 2029 2035 2035 09960.00000\9075431.2 B-1 P808 Subject to the completion of the sale and delivery of the Refunding Bonds, on the date fixed for redemption there shall become due and payable on each Bond called for redemption, the Redemption Price stated above (representing the principal thereof, together with the redemption premium) and interest accrued to the redemption date, and from and after such date, interest thereon shall cease to accrue and be payable. The Bonds are due and payable at the office of the Fiscal Agent on Redemption Date. Interest will cease to accrue on the Bonds from and after the Redemption Date. The Bonds should be presented for redemption to the office of the Fiscal Agent at the following address: Registered/Certified Mail: In person: Air Courier: Wells Fargo Bank,N.A. Wells Fargo Bank, N.A. Wells Fargo Bank,N.A. Attn: Corporate Trust Operations Northstar East Building Attn: Investor& Payment Services P.O. Box 1517 608 2nd Avenue South 12th Fl. MAC Code: N9303-12I. Minneapolis, MN 55480-1517 Minneapolis, MN 6th& Marquette Avenue Minneapolis, MN 55479 To avoid a 28% back-up withholding tax required by Federal law, holders of Bonds must submit with their Bonds a completed IRS Form W-9. For your convenience a Form W-9 has been enclosed. Dated: , 2014 WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank * The CUSIP number has been assigned by Standard & Poor's Corporation and is included solely for the convenience of the holders of Bonds. 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C O ci r o O till 1111rIMI 1 . ti) '', ....-.- cp = u) 11111 I 0 u) -17 O cn ilk 0— UQ I ,■ • E O C7 V ->ic 10 110 U •.-1 Aare 0111LJ.c (1 5 cntei I= V CC P STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: July 16, 2014 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: Linda Ceballos, Environmental Programs Manager Subject: CONSIDERATION OF REGIONAL NPDES PERMIT CONCERNS RECOMMENDATION It is recommended that the City Council authorize the Mayor to submit a letter of opposition to the Regional Water Quality Control Board related to the intention to encompass both Riverside and San Bernardino Counties into a regional MS4 NPDES Permit. BACKGROUND/ANALYSIS In 1990, the San Bernardino County Flood Control District, the County of San Bernardino, the City of Rancho Cucamonga, and the incorporated cities in the Santa Ana River watershed, as co-permittees, obtained an area-wide Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit issued by the Santa Ana Regional Water Quality Control Board (RWQCB). San Bernardino County Flood Control District serves as the lead permittee for the San Bernardino County Areawide Program. The current MS4 NPDES Permit will be up for renewal in 2015. The Santa Ana Regional Water Quality Control Board (RWQCB) has stated that it intends to draft a regional MS4 NPDES Permit encompassing both San Bernardino and Riverside Counties (and the cities that are co-permittees). Both San Bernardino County and Riverside County have expressed both legal, fiscal, and practical concerns regarding the RWQCB intended course of action. Some of the concerns include: • Significant cost increases to the San Bernardino County's Areawide Program and co-permittees. • Need to reallocate resources to fund certain projects under a regional permit could place projects being implemented under the current permit in jeopardy. • The two counties manage stormwater infrastructure differently based upon district topography and other physical conditionals • The two counties have different NPDES program funding structures (predominately annual parcel assessment for Riverside County vs. predominately general fund for San Bernardino County) which raises significant issues with ability to fund programs under a regional permit structure. • No single jurisdiction will have lead permittee status to ensure implementation, enforcement, and coordination for compliance with the MS4 NPDES Permit. • The counties' Implementation Agreements and/or MOUS will need to be revised increasing legal costs to all co-permittees. P808-2 CITY COUNCIL STAFF REPORT-CONSIDERATION OF REGIONAL NPDES PERMIT CONCERNS July 16, 2014 Page 2 The San Bernardino County Areawide Program remains committed to working collaboratively with the RWQCB on a single-county MS4 permit that will enhance local and regional water quality. This approach will minimize the fiscal and administrative burdens associated with a regional permit that encompasses both counties. Staff recommends submitting a letter opposing a regional MS4 NPDES Permit encompassing San Bernardino and Riverside Counties signed by the Mayor to the RWQCB prior to the next scheduled RWQCB Meeting on July 23, 2014. If approved, staff will draft a letter similar to the attached letter submitted to the RWQCB by the San Bernardino County Flood Control District. Respectfully submitted, i�✓L r Director of Engineering Services/ City Engineer MS:LC Attachments: Letter of opposition P808-3 SAN BERNARDINO COUNTY cu h BYORMWAiLR PR09RAMa - STORMWATER PROGRAM t� A Cot sor(ium of Local Agencies 825 First Third Street, Room I17 .•'�?iF ti San Bernardino, CA 92415-0835 (909)387-8109 1 FAX(909)387,0305 June 13, 2014 File: 10(NPD)-2.00 Mr. Kurt Berchtold Executive Officer California Regional Water Quality Control Board—Santa Ana Region 3737 Main Street, Suite 500 Riverside, California 92501 RE: RENEWAL OF MS4 NPDES PERMIT, RWQCB ORDER NO. 118-2010-0036 Dear Mr. Berchtold: We understand that the Santa Ana Regional Water Quality Control Board (RWQCB) intends to draft a regional MS4 NPDES permit encompassing both San Bernardino and Riverside Counties (and their cities that are co-Permittees). For the reasons discussed below, the County of San Bernardino, San Bernardino County Flood Control District, and the co-Permittee cities (collectively, "Permittees"), working together as the "San Bernardino County Areawide Program", are strongly opposed to any attempt by the RWQCB to impose a regional permit against the Permittees' wishes. This letter briefly introduces what the Permittees perceive to be the most significant of the many serious practical and legal concerns regarding the RWQCB's intended course of action. The concept of a regional NPDES permit - while it seems, at first blush, to be an efficient and cost- effective way to manage stormwater - presents, under these circumstances, a host of practical impediments which effectively diminish any purported administrative (or environmental) benefits. For example, San Bernardino and Riverside Counties each manage their stormwater infrastructure differently; based upon distinct topography and other physical conditions. As a result, stormwater program resources are managed and allocated very differently within each of the County Programs; and it would be very difficult to accommodate those differences in a regional permit. The distinctions between San Bernardino and Riverside Counties are exacerbated by the fact that, unlike other jurisdictions where regional stormwater permits have been (or are being) implemented, there is no single joint powers authority or lead agency that has primary jurisdiction for implementing, coordinating, and enforcing stormwater requirements. To effectuate the governing provisions of a regional permit, we anticipate, at a minimum, that each County-wide Programs' implementation agreements and/or related MOUs would need to be revised. At best, this will be a lengthy, expensive, and time consuming process that will divert time and resources from the primary mission of the MS4 h&•n>brr Aeencirc • Cif,of Big Bear lrrkr • Ci y nJl irGbland ♦ (.'r(y of Rialto • Ciy of Chino ► Ci(y oJLanro Limb • Up al'Smr Bernardino ♦ cty q china 7-]ill, • CY.y of,Wontdrir • Ci_ry ofUph"Id ♦ G/)'ofcolron ♦ CilyV oalario • Ciy of Y"Carpa • Ciy olFootvnr • Ciy of It ..rho Cnrnmonp ♦ Camrly afSan Bemmn(ino ♦ io of Grpnd Tenn • Ci1•o Redloadr J / • Sari Bernar,$na Coan;l'fPood Cuvlra(Ui.r/rir! San Bernardino County Areawide Program P808-4 Renewal of MS4 NPDES Permit June 13, 2014 Program. Further, each County-wide Program has different NPDES program funding structures, which could pose 'roadblocks" and delays for programs authorized or required under a regional permit. In short, we do not believe a regional permit will produce the administrative efficiencies anticipated by the RWQCB. Additionally, the RWQCB does not have the legal authority to unilaterally impose a regional permit structure, absent the consent of the Permittees. We understand other Regional Boards have taken the position that the Clean Water Act authorizes system- and jurisdiction-wide permits. However, those provisions never were intended to compel permittees to enter into a joint permit but, rather, to provide U.S. EPA (and the States) with flexibility in accommodating applicants looking to adapt their MS4 permitting program to local needs; for example, for cities whose systems are so interconnected as to make it practical to place the entire municipal separate storm sewer system under a single permit. The Permittees are also concerned about the potential for enhanced legal liability and litigation risk associated with a regional permit. For example, liability issues will arise based, in essence, upon a "shared" watershed basis, causing each of the Permittees to potentially be liable for exceedences (if any) caused by Permittees in the other County. These are risks which are not acceptable to the Permittees. The Permittees remain committed to working collaboratively with the RWQCB on a single-County MS4 permit that will enhance local and regional water quality while minimizing the administrative burdens associated with the permit for all concerned parties to the maximum extent practicable. I would appreciate the opportunity to meet with you to discuss these issues in more detail and therefore look forward to meeting with you at a mutually agreeable time in the near future. Sincerely, I- ' GERRY NEWCOMBE, (Director San Bernardino Flood Control District cc: Areawide Program Co-Permittees NPDES Coodinators Arewide Program Co-Permittee City Mangers and Public Works Directors Mitchell L. Norton, Deputy County Counsel Scott Runyan, Deputy County Counsel Chris M. Amantea, Squire Patton Boggs Warren "Dusty"Williams, General Manager-Chief Engineer, RCFCD&WCD Jason Uhley, Chief of Watershed Protection, RCFCD&WCD Annesley Ignatius, Deputy Director— Environmental & Construction rr P809 STAFF REPORT CITY MANAGER'S OFFICE RANCHO Date: July 16, 2014 CUCAMONGA To: Mayor and Members of the City Council John Gillison, City Manager From: Donna Finch, Management Analyst I Subject: Designation of a Voting Delegate and Alternates for the League of California Cities Annual Business Meeting RECOMMENDATION It is recommended that the City Council designate one Voting Delegate and up to two Alternates for the Business Meeting of the 2014 League of California Cities Annual Conference. BACKGROUND • This year's League of California Cities Annual Conference is scheduled for Wednesday, September 3 through Friday, September 5, 2014, in Los Angeles. The Annual Business Meeting will take place at noon on Friday, September 5th at the Los Angeles Convention Center. The membership will be taking action on a number of Conference Resolutions, which establish League policy on municipal issues of statewide importance. The League of California Cities (i.e., the "League") requires that each member city designate one (1) Voting Delegate and up to two (2) Alternates, which according to the League bylaws must be designated by an official vote of the City Council. The designated Voting Delegate and Alternates must be registered to attend the Conference and sign in at the Voting Delegate Desk to pick up their voting delegate card. Only one (1) voting card will be provided at sign-in to be used by either the Voting Delegate OR the Alternates. The task of voting at the Business Meeting cannot be transferred to any other city official beyond the designated Voting Delegate and Alternates. The Voting Delegate and Alternates may be designated at the Council's discretion from Council Members or City Staff scheduled to attend the Conference. Either the Voting Delegate or the Alternates must be present with the Voting Card at the Business Session to vote. CONCLUSION For your consideration, it is offered as a recommendation that the City Council designate one Council Member to serve as the primary Delegate and another Council Member to serve as an Alternate; with Staff or an additional Council Member serving as the second Alternate. Respectfully Submitted7 �, �rj 7 Donna Finch Management Analyst I Attachment— League Annual Conference Voting Procedures and Submittal Form P810 1400 K Street, Suite 400 • Sacramento, California 95814 L Phone: 916.658.8200 Fax: 916.658.8240.8240 OF CALIFORNIA www.cacities.org CITIES Council Action Advised by July 31, 2014 May 1, 2014 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference—September 3 - 5, Los Angeles The League's 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 15, 2014. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the -over- P811 Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Los Angeles Convention Center, will be open at the following times: Wednesday, September 3, 9:00 a.m. — 5:30 p.m.; Thursday, September 4, 7:00 a.m. —4:00 p.m.; and Friday, September 5, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 15. If you have questions, please call Karen Durham at (916) 658-8262. Attachments: • 2014 Annual Conference Voting Procedures • Voting Delegate/Alternate Form P812 LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org CITIES Annual Conference Voting Procedures 2014 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute,the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. P813 LEAGUE CITY: CITIES 2014 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 15, 2014. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting(General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals(voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE -ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, August 15,2014 League of California Cities FAX: (916) 658-8220 ATTN: Karen Durham E-mail: kdurham @cacities.org 1400 K Street, 4th Floor (916) 658-8262 Sacramento, CA 95814