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2017/06/21 - Agenda Packet
CITY OF RANCHO CUCAMONGA AGENDAS FIRE PROTECTION DISTRICT BOARD — HOUSING SUCCESSOR AGENCY — SUCCESSOR AGENCY — PUBLIC FINANCING AUTHORITY - CITY COUNCIL WEDNESDAY, JUNE 21, 2077 REGULAR MEETINGS: 1st d 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION Tapia Conference Room REGULAR MEETINGS Council Chambers MEMBERS: MAYOR MAYOR PRO TEM COUNCIL MEMBERS L. Dennis Michael Lynne B. Kennedy William Alexander Sam Spagnolo Diane Williams 5:00 P.M. 7:00 P.M. CITY MANAGER CITY ATTORNEY CITY CLERK CITY TREASURER John R. Gillison James L. Markman Janice C. Reynolds James C. Frost Rancho Cucamonga City Council Mission Statement Make decisions, and be perceived as making decisions, for the general welfare of the community. Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. Set the vision for the community for the future. Have a professional, objective, and respectful relationship with each other in order to more effectively address the challenges of the future. INFORMATION FOR THE PUBLIC ..Ailekio eoCAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority 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, Housing Successor Agency, Successor Agency, Public Financing Authority 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. Any handouts for the Fire Board, Successor Agency, Public Financing Authority 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 Libraries 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, Housing Successor Agency, Successor Agency, Public Financing Authority 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. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Financing Authority 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, Housing Successor Agency, Successor Agency, and Public Financing Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. CITY OF RANCHO CUCAMONGA JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA 5:00 P.M. — CLOSED SESSION CALL TO ORDER — TAPIA CONFERENCE ROOM Roll CaII: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS (No DISCUSSION OR ACTION WILL OCCUR) D. CONDUCT OF CLOSED SESSION — TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION, TEAMSTERS LOCAL 1932, FIRE MANAGEMENT EMPLOYEE GROUP, AND FIRE SUPPORT SERVICES ASSOCIATION. — CITY/FIRE D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632. — CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT BASE LINE ROAD AND DAY CREEK (APN#: 1089- 031-36-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, CITY OF RANCHO CUCAMONGA AND STEVE PONTELL, PRESIDENT AND CEO, NATIONAL COMMUNITY RENAISSANCE; REGARDING PRICE AND TERMS. — HOUSING SUCCESSOR AGENCY Page 1 of 10 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, 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. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, 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, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A. ANNOUNCEMENT / PRESENTATIONS Al. Announcement of the 2017/18 Season at the Lewis Family Playhouse. B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, 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 Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, 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. Page 2 of 10 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR — FIRE PROTECTION DISTRICT 01. Consideration to approve Minutes of: June 7, 2017 (Regular Meeting) June 8, 2017 (Special Meeting) C2. Consideration to approve Check Register dated May 30, 2017 through June 12, 2017 and Electronic Debit Register for the month of May 2017 for the total of $486,436.50. 1 C3. Consideration to receive and file current Investment Schedule as of May 31, 2017. 11 C4. Consideration to approve Seventh Amendment to Agreement for Legal Services with Richards, Watson 17 & Gershon, A Professional Corporation. C5. Consideration to approve the award of a contract for Facility Landscape Maintenance at Fire Station 175 (Banyan Station) to Mariposa Landscapes Inc., in an amount not to exceed $20,000. 21 C6. Consideration of approval of a Resolution adopting a Memorandum of Understanding between the Rancho Cucamonga Fire Protection District and the Fire Support Services Association for the period 23 of 2017-2019. RESOLUTION NO. FD17-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE SUPPORT SERVICES ASSOCIATION RELATIVE TO WAGES, 25 BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2017- 2018 AND 2018-2019 C7. Consideration of approval of a Resolution adopting a Memorandum of Understanding between the Rancho Cucamonga Fire Protection District and the Fire Management Employee Group for the period of 2017-2019. 63 RESOLUTION NO. FD17-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, 65 BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2017- 2018 AND 2018-2019 C8. Consideration of approval of a Resolution adopting Fire District salary schedules for Fiscal Year 2017- 18. 104 RESOLUTION NO. FD17-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARY 105 SCHEDULES FOR FISCAL YEAR 2017-18 Page 3 of 10 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY D1. Consideration to approve Minutes of: June 7, 2017 (Regular Meeting) D2. Consideration to approve Amendment to Disposition, Development and Loan Agreement Between the City of Rancho Cucamonga in its capacity as the Housing Successor to the Rancho Cucamonga Redevelopment Agency, and Day Creek Senior Housing Partners, LP for a140 Unit Affordable Senior 111 Housing To be Developed West of Day Creek Boulevard and North of Base Line Road (APN 1089- 031-36). E. CONSENT CALENDAR - SUCCESSOR AGENCY E1. Consideration to approve Minutes of: June 7, 2017 (Regular Meeting) E2. Consideration to approve Amendment No. 3 to Amended and Restated Agreement for Legal Services with Richards, Watson & Gershon, A Professional Corporation. F. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY F1. Consideration to approve Minutes of: June 7, 2017 (Regular Meeting) G. CONSENT CALENDAR - CITY COUNCIL G1. Consideration to approve Minutes of: May 22, 2017 (Special Meeting) June 7, 2017 (Regular Meeting) June 8, 2017 (Special Meeting) G2. Consideration to approve Check Register and Payroll dated May 30, 2017 through June 12, 2017 and Electronic Debit Register for the month of May 2017 for the total of $4,537,918.31. G3. Consideration to receive and file current Investment Schedule as of May 31, 2017. G4. Consideration of approval of corrections to Amended Fiscal Year 2016/17 Appropriations. G5. Consideration to approve Amendment No. 3 to Amended and Restated Agreement for Legal Services with Richards, Watson & Gershon, A Professional Corporation. 167 139 144 154 165 G6. Consideration of approval of Resolutions ordering the preparation of the Annual Engineer's Reports to initiate proceedings to levy annual assessments; approving the preliminary 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, Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7, and 8, and Park and Recreation Improvement District No. PD -85 for Fiscal Year 2017/18 and setting the time and place for a Public Hearing thereon. 172 RESOLUTION NO. 17-043 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 593 ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4-R, 5, 6- R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2017/18 Page 4 of 10 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA RESOLUTION NO. 17-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF 594 ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2017/18 RESOLUTION NO. 17-045 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 2017/18 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 596 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 RESOLUTION NO. 17-046 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 601 ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2017/18 RESOLUTION NO. 17-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF 602 ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2017/18 RESOLUTION NO. 17-048 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 2017/18 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 604 RESOLUTION NO. 17-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL 608 ASSESSMENT LEVY WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 FOR FISCAL YEAR 2017/18. RESOLUTION NO. 17-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF 609 ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 FOR FISCAL YEAR 2017/18 RESOLUTION NO. 17-051 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 611 ASSESMENTS FOR FISCAL YEAR 2017/18 WITHTIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON G7. Consideration to approve the proposal from Gyroscope, Inc. to provide Professional Museum Consulting Services to the Rancho Cucamonga Public Library for the development of the interactive learning space on the 2nd Floor of the Paul A. Biane Library. Page 5 of 10 614 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA G8. Consideration to approve Amendment No. 002 renewing the Professional Services Agreement in the amount of $175,000 with Vanderhawk Consulting LLC (CO#14-249), for the City's Asset Management 635 Program Support for FY 2017/2018. G9. Consideration to adopt Resolution No. 17-052, adopting the amended Measure "I" Five -Year Capital Improvement Plan covering Fiscal Years 2016/2021. 645 RESOLUTION NO. 17-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 646 COVERING FISCAL YEARS 2016/2021 FOR THE EXPENDITURE OF MEASURE "I" FUNDS G10. Consideration to award a Contract with Alfaro Communication Construction Inc. in the amount of $2,327,205 Plus 10% Contingency and Authorize an Appropriation in the amount of $841,426 from the Transportation Fund for the Fiscal Year 2016/17 Installation of Four (4) Traffic Signals at Various 648 Locations Project. G11. Consideration to award a Contract with All American Asphalt in an amount Of $188,000 plus 10% contingency for the FY 2016-2017 Local Street Pavement Rehabilitation Overlay of Various Streets. 651 G12. Consideration to award a Contract with Roy Allan Slurry Seal, Inc. in an amount of $432,153 plus 10% contingency for the FY 2016-2017 Local Street Pavement Rehabilitation Slurry Seal of Various Streets 654 Project. G13. Consideration to award a Contract with All American Asphalt in an amount of $1,120,000 plus 10% contingency for the San Bernardino Road, Church Street, Hellman Avenue and 9th Street Pavement 657 Rehabilitation Projects. G14. Consideration to authorize release of Maintenance Guarantee Bond. No. 08712145 in the amount of $35,728 for the Red Hill Lake Modernization Project, Contract No.15-248. 660 G15. Consideration to accept Public Improvements on Madrone Avenue South of Arrow Route for Tract 18976 as complete, file the Notice of Completion and authorize Release of Retention and Bonds. 662 G16. Consideration to award a Contract with KDC, Inc. DBA Dynalectric in an amount of $292,324 plus 10% contingency and authorize an appropriation in the amount of $126,585 from the Computer Equipment 665 Replacement Fund for the Arrow Route Street Lights and Fiber Optic Conduit Project. G17. Consideration to award a Contract with Horizons Construction Company International, Inc. in the amount of $104,998 plus a 6% contingency for the Pacific Electric Trail at Victoria Park Lane Tunnel 668 Crossing Protective Fencing Project. G18. Consideration to approve Amendment No.006 authorizing the renewal of the Professional Services Agreement (Co#12-077) with Butsko Utility Design, Inc. for Technical Electrical Engineering Support 671 for Fiscal Year 2017/18. G19. Consideration to approve Amendment No.004 authorizing the renewal of a Professional Services Agreement (CO#13-196) with Industrial Electric Machinery, LLC and an annual Contract Amount increase to $52,000 for tri -annual Maintenance Testing at the Arbors Substation for Fiscal Year 672 2017/18. G20. Consideration to approve Amendment No.009 authorizing the renewal of a Professional Services Agreement (CO#12-075) with International Line Builders, Inc. for operation and maintenance of the 673 Arbors Substation and Municipal Utilities Electrical Distribution System for Fiscal Year 2017/18. Page 6 of 10 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA G21. Consideration to accept the Madrone Avenue Street Widening Project along the frontage of Los Amigos Park as complete, approve final contract amount of $473,759, file a Notice of Completion and 674 release bonds accordingly. G22. Consideration to execute a single source Professional Service Agreement with Neighborhood Partnership Housing Services Inc. in an amount not to exceed $186,500 for the completion of the rehabilitation and sell of the Neighborhood Stabilization Program home located at 6948 Spinel Avenue, 677 Rancho Cucamonga, CA. G23. Consideration of approval of a reimbursement in the amount of $147,584 to the County of San Bernardino Flood Control District in Accordance with Agreement (CO# 02-139) and the Appropriation 723 of $147,584 from the Etiwanda/San Sevaine Drainage Fund. G24. Consideration to approve Amendment No.007 authorizing an increase to Professional Services Agreement (CO#12-078) to Applied Metering Technologies, Inc. in the amount of $12,310 and 724 authorize an appropriation in the amount of $12,310 from Rancho Cucamonga Municipal Utility Fund. G25. Consideration to approve the award of a contract for Citywide Janitorial Services in an amount not to exceed $720,000. 725 G26. Consideration to approve the award of a contract for Landscape and Irrigation Maintenance for General Fund, LMD 3A and LMD 3B Parkways, Paseos and Medians to Mariposa Landscapes, Inc. in an amount not to exceed $648,000. 726 G27. Consideration to approve the award of a contract for Park Mowing and Facility Landscape Maintenance to Mariposa Landscapes, Inc. in an amount not to exceed $423,000. 728 G28. Consideration to approve the renewal of the annual contract with LandCare for Maintenance of Parkway, Paseo and Median Landscapes within Landscape Maintenance Districts 9 and 10 in an amount not to exceed $206,000. G29. Consideration to approve the award of a contract for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians to Mariposa Landscapes, Inc. in an amount not to exceed $313,000. G30. Consideration to approve the renewal of the annual contract with LandCare for Maintenance of Parkway, Paseo and Median Landscapes within Landscape Maintenance Districts 6, 7 and 8 in an amount not to exceed $635,000. H. 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. 730 731 733 H1. Consideration to conduct Second Reading and Adoption of Ordinance No. 909, amending the Terra Vista Community Plan to modify the development standards within the Medium High (MH) District of 734 the Terra Vista Community Plan. ORDINANCE NO. 909 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715—A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT MULTI -FAMILY DEVLEOPMENT ON 12.21 ACRES OF LAND WITHIN THE MEDIUM Page 7 of 10 735 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA HIGH (MH) DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36 H2. Consideration to conduct Second Reading and Adoption of Ordinance No. 910, amending Chapter 3.08 of the Rancho Cucamonga Municipal Code as it relates to Professional Service Contracts and Contracts for Public Projects under the Uniform Public Construction Cost Accounting Act. 740 ORDINANCE NO. 910 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICPAL CODE REGARDING 742 PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT I. ADMINISTRATIVE HEARING ITEM Speaker cards may be submitted for all those who wish to speak on the following topic. The following item has no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the City Council, not to members of the audience. 11. Consideration to Conduct First Reading and introduce by title only, Ordinance No. 911 to approve the 748 Local Agency Management Program (LAMP) Ordinance for Onsite Wastewater Treatment Systems. ORDINANCE NO. 911 (1St Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING TITLE 19, ARTICLE 28 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATING 751 TO ONSITE WASTEWATER TREATMENT SYSTEMS J. 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. J1. Public Hearing to consider First Reading of Ordinance No. 912, amending Titles 2, 3 and 17 of the Municipal Code to enact requirements and standards for creative place making through Public Art. 806 ORDINANCE NO. 912 (1St Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CREATIVE 864 PLACEMAKING AND PUBLIC ART J2. Public Hearing to consider adoption of Resolution No. 17-053, adjusting Parking Citation Fees for the 877 Rancho Cucamonga Police Department. RESOLUTION NO. 17-053 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADJUSTING 878 PARKING CITATION FEES FOR THE RANCHO CUCAMONGA POLICE DEPARTMENT Page 8 of 10 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA K. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. K1. Consideration to adopt the Rancho Cucamonga Municipal Utility Electric Vehicle Commercial Charger Rebate Program. 880 K2. Consideration to approve a contract with EVgo Services for the installation of an Electric Vehicle (EV) Level 3 DC Fast Charging Station provided through a grant from the South Coast Air Quality Management District and approve amendments to the Victoria Gardens Public Parking Facilities 889 Ground Lease and Operating Agreements. K3. Consideration to adopt Resolution No. 17-054, Establishing a Partnership with Grid Alternatives to Promote Community Participation in their No -Cost Solar Installation Program for Low -Income Homeowners and Waive Solar Permit Fees. RESOLUTION NO. 17-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PARTNERSHIP WITH GRID ALTERNATIVES TO PROMOTE COMMUNITY PARTICIPATION IN THEIR NO -COST SOLAR INSTALLATION PROGRAM FOR LOW-INCOME HOMEOWNERS AND WAIVE SOLAR PERMIT FEES K4. Consideration of approval of a Resolution adopting salary schedules for Fiscal Year 2017-18. 909 912 914 RESOLUTION NO. 17-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 916 CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2017-18 L. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Li. Consideration to designate a Voting Delegate and Alternates for the League of California Cities Annual Business Meeting. L2. Consideration of the City Council Library Subcommittee's recommendation regarding reappointments to the Library Board of Trustees. L3. Consideration of the City Council Library Subcommittee's recommendation regarding reappointments to the Library Foundation Board. L4. Consideration of the City Council West -Side Districts Subcommittee's recommendation regarding appointment to the West -Side Districts Citizens' Oversight Committee. L5. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) L6. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Page 9 of 10 927 932 933 934 JUNE 21, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on June 15, 2017, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California, and on the City's website. Linda A. Troyan, MMC City Clerk Services Director City of Rancho Cucamonga Page 10 of 10 May 22, 2017 CITY OF RANCHO CUCAMONGA JOINT CITY COUNCIL AND CHAFFEY COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEETING MINUTES CALL TO ORDER A special meeting of the Rancho Cucamonga City Council with Chaffey Community College District Governing Board was held on Monday, May 22, 2017 in Celebration Hall of the Cultural Center, 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739. Mayor L. Dennis Michael called the meeting to order at 3:00 p.m. on behalf of the Rancho Cucamonga City Council. Governing Board President Katie Roberts called the meeting to order at 3:00 p.m. on behalf of the Chaffey Community College District Governing Board. Board President Roberts led the Pledge of Allegiance. Present were Council Members Alexander, Spagnolo, Mayor Pro Tem Kennedy and Mayor Michael. Council Member Williams arrived at 3:12 p.m. Present were Governing Board Members Ovitt, McDougal, Brugger, Roberts, McLeod, and Student Trustee Alwin. PUBLIC COMMUNICATIONS There were no public comments. ITEMS OF DISCUSSION 1. AN INTRODUCTION TO CHAFFEY COLLEGE Dr. Henry Shannon, Chaffey College Superintendent/President, provided an introduction to the college. He covered the district campuses, Rancho Cucamonga Campus groundbreaking in 1958, aerial view of the Rancho Cucamonga Campus in 1960, mission statement, vision, core values, and the Aspen Prize for Community College Excellence. 2. CHAFFEY COLLEGE ECONOMIC IMPACT Jim Fillpot, Dean of Institutional Research, Policy and Grants, provided information about the college's economic impact, including operations spending impact, student spending impact, and alumni impact. He also provided economic impact information from a student perspective, taxpayer perspective, and social perspective. Furthermore, Mr. Fillpot discussed degrees and certificates awarded over the past several years, and he distributed a document titled, "The Economic Value of Chaffey College Fact Sheet." Page 1 of 2 3. A. CHAFFEY COLLEGE WORKFORCE DEVELOPMENT Lisa Bailey, Associate Superintendent of Business Services and Economic Development and Sandra Sisco, Director or Economic Development provided a presentation regarding workforce training, Employment Training Panel, customized training, contract education, career placement assistance, CalWorks, and vocational education. They also covered partnership opportunities with the City including: public works/building and safety academy, AA/AS cohort for Rancho Cucamonga city employees, employee retention skills, joint professional development workshops, and Rapid Response and Streamlined Workforce Training. Ms. Sisco provided information about the InTech Center. Materials were distributed containing information on the InTech Center, Career Transitions, Career Technical Educational Programs, and Employment Training Panel. B. FIRE DISTRICT ALL RISK TRAINING CENTER - POTENTIAL PARTNERSHIPS ON SPECIALIZED CLASSES, PREVENTION ACADEMY Fire Chief Mike Costello distributed an informational flyer and gave an overview of the Fire District's Regional All -Risk Training Center which is anticipated to be completed in spring of 2018. He also spoke about the potential for partnerships in the future with the College. 4. A. CHAFFEY COLLEGE FACILITIES AND SUSTAINABILITY UPDATE Melanie Siddiqi, Vice President of Administrative Affairs, provided a presentation covering the Measure L Build -Out Plan, Facilities Master Plan, and recycled shipping containers project. She also covered sustainability projects including the Thermal Energy Storage (TES) Tank, water conservation efforts, xeriscaping project, carbon footprint reduction, and solar carports. B. RANCHO CUCAMONGA SUSTAINABLE COMMUNITY ACTION PLAN AND SOLAR PROJECTS Fabian Villenas, Principal Management Analyst, provided a Power Point presentation on the SolarRC expansion project and reviewed the Sustainable Community Action Plan including: transportation and mobility, land use and open space, energy efficiency and renewables, green building performance, water and wastewater, and waste reduction (with economic development and public health integrated throughout). C. UPDATE ON RANCHO CUCAMONGA MUNICIPAL UTILITY Fred Lyn, Utility Division Manager, provided a presentation covering the Astoria 2 Solar Project; Boulder Canyon Project at Hoover Dam; streetlight acquisition from SCE; and LED lighting advantages. May 22, 2017 1 City Council and Chaffey Community College District Governing Board 1 Joint Special Meeting Minutes 1 Page 2 of 4 D. UPDATE ON CITY INFRASTRUCTURE PROJECTS Via Power Point presentations, Jason Welday, Director of Engineering, City Engineer, discussed the 1-15 Baseline Road Interchange improvement project; Hellman Avenue widening and railroad crossing improvements; Upper Cucamonga Storm Drain Phase 3 improvements; and citywide pavement rehabilitation. Bill Wittkopf, Director of Public Works Services reported on the Civic Center landscape renovation, Terra Vista Parkway landscape renovation, Base Line median east of Haven, Base Line south side east of Haven, and the new warehouse at public works facility (he mentioned including a makerspace with Chaffey College). 5. CITY/FIRE DISTRICT EMERGENCY OPERATIONS CENTER (EOC) UPGRADES AND INTEROPERABILITY WITH CHAFFEY COLLEGE EOC Fire Chief Mike Costello provided information about the collaboration between the City and Chaffey College on emergency preparedness. 6. CHAFFEY COLLEGE INSTRUCTIONAL UPDATE Dr. Meridith Randall, Associate Superintendent of Instruction and Institutional Effectiveness, presented on the topics of accreditation, new faculty and programs, health sciences, adult education and high school partnerships, Guided Pathways, and scheduling goals. She also mentioned recent discussions with the City regarding: customer service/21st Century skills, fire prevention academy, public works certificates, building inspection, and a makerspace collaboration. 7. CHAFFEY COLLEGE STUDENT SERVICES UPDATE Dr. Eric Bishop, Vice President of Student Services presented information regarding the student population, including: predominant majors or areas of student interest, age, ethnicities, male vs. female ratio, full-time vs. part-time ratios, income levels, and financial aid data. He also provided information about the College's 100th Commencement ceremony and about the Panther Promise design. 8. A. CHAFFEY COLLEGE ELECTION DATE CHANGE AND REDISTRICTING Dr. Henry Shannon, Superintendent/President provided information regarding the College's request to move to even -year elections and request to hold elections by district. B. RANCHO CUCAMONGA CITY COUNCIL DISTRICT ELECTIONS City Manager John Gillison reported on the City's recent voter approved change to elect City Council Members through district -based voting rather than at -large, beginning November 2018. The position of Mayor remains elected at -large. He displayed a map outlining district boundaries. May 22, 2017 1 City Council and Chaffey Community College District Governing Board 1 Joint Special Meeting Minutes 1 Page 3 of 4 ADJOURNMENT Mayor Michael adjourned the meeting at 5:30 p.m. on behalf of the Rancho Cucamonga City Council. President Roberts adjourned at 5:30 p.m. on behalf of the Chaffey Community College District Governing Board. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: ************* May 22, 2017 1 City Council and Chaffey Community College District Governing Board 1 Joint Special Meeting Minutes 1 Page 4 of 4 JUNE 7, 2017 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, June 7, 2017 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:OOp.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. I A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. No discussion or actions were taken. D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION, TEAMSTERS LOCAL 1932, FIRE MANAGEMENT EMPLOYEE GROUP, AND FIRE SUPPORT SERVICES ASSOCIATION. — CITY/FIRE D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632. — CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT BASE LINE ROAD AND DAY CREEK (APN#: 1089-031-36-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, CITY OF RANCHO CUCAMONGA AND STEVE PONTELL, PRESIDENT AND CEO, NATIONAL COMMUNITY RENAISSANCE; REGARDING PRICE AND TERMS. — HOUSING SUCCESSOR AGENCY **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 1 of 11 D4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS The closed session recessed at 6:15 p.m. REGULAR MEETING - 7:00 P.M. CALL TO ORDER - COUNCIL CHAMBERS The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and the City of Rancho Cucamonga City Council were held on June 7, 2017 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; and Linda A. Troyan, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A. ANNOUNCEMENTS/PRESENTATIONS Al. Certificate of Appreciation honoring Rancho Cucamonga Police Department Deputies for Performing Bystander CPR. Mayor Michael and Members of the City Council including Don Cloughesy, Deputy Fire Chief; Miranda Mulhall, Emergency Medical Services Administrator (EMS); and Sandy Griffin, Emergency Medical Services (EMS) Quality Improvement (QI) Nurse, presented Certificates of Appreciation to Police Department Deputies: Guyon Foxwell, Ivan Arce, Alejandro Barrero, Gabriel Jasso, Daniel Renear, and Melissa Harrison honoring them for performing Bystander CPR. B. PUBLIC COMMUNICATIONS Andres Ramirez, Program Manager with the San Bernardino County Transportation Authority, provided information on the West Valley Connector Corridor Project and invited the public to attend an informational meeting on June 14, 2017 from 3:00 p.m. to 7:00 p.m. at North Hills Community Church in Rancho Cucamonga. Mr. Ramirez provided flyers with additional information on meeting events. Faheem Ahmed invited the City Council Members to attend a dinner event on June 22, 2017 at 6:30 p.m. at the Baiul Hameed Mosque and provided invitations with additional information. Janet Walton thanked the public for attending the National Day of prayer event on May 4, 2017 and offered a prayer. Doug Strenger addressed the City Council on a Planning Commission issue concerning his private residence. City Manager Gillison referred Mr. Strenger to speak with Deputy City Manager Bloom and Planning Director Burnett to answer his questions. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 2 of 11 CONSENT CALENDARS C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT C1. Consideration to approve Minutes of:May 17, 2017 (Regular Meeting) C2. Consideration to approve Check Register dated May 9, 2017 through May 29, 2017 for the total of $1,531,423.00. C3. Consideration to approve and award a Professional Services Agreement to Erickson -Hall Construction for Construction Management Services for the new (relocation) San Bernardino Road Fire Station (172). MOTION: Moved by Board Member Spagnolo, seconded by Vice -President Kennedy, to approve Consent Calendar Items C1. through C3. Motion carried unanimously, 5-0. D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY D1. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) D2. Consideration of approval of First Amendment to Operation and Maintenance Agreement for Rancho Verde Village. MOTION: Moved by Vice -Chair Kennedy, seconded by Agency Member Alexander, to approve Consent Calendar Item D1 through D2. Motion carried unanimously, 5-0. E. CONSENT CALENDAR - SUCCESSOR AGENCY E1. Consideration to approve Minutes of: May 3, 2017 (Regular Meeting) MOTION: Moved by Agency Member Williams, seconded by Agency Member Alexander, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY F1. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) MOTION: Moved by Agency Member Spagnolo, seconded by Vice -Chair Kennedy, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G. CONSENT CALENDAR - CITY COUNCIL G1. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) G2. Consideration to approve Check Register and Payroll dated May 9, 2017 through May 29, 2017 for the total of $9,017,327.20. G3. Consideration to approve the proposed 2017/2018 Fall/Winter Field Allocation recommendations for all City Based Sports Advisory Committee Youth Sports Groups use during July 31, 2017 through January 27, 2018. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 3 of 11 G4. Consideration of a light variance requested for Minors, Majors, Juniors and Senior Divisions All- Star Tournament hosted by District 71 Little League during June 19 — July 15, 2017 at Epicenter Sports Complex, Heritage Park and Red Hill Community Parks. G5. Consideration to award a contract to Moore Flooring, Inc. for the "Central Park -Flooring Replacement Project". G6. Consideration to approve the renewal of the contract for Traffic Signal and Safety Lighting Maintenance Services for FY 2017/2018. G7. Consideration to approve the renewal of the annual contract for Citywide Tree Maintenance Services. G8. Authorization to install video surveillance equipment at the Banyan Street and Carnelian Street intersection through our existing sole source vendor, Leverage Information Systems, in the amount of $25,255.03 and authorization to appropriate $25,255.03 from the Law Enforcement Reserve Fund. G9. Authorization to install video surveillance equipment at the 6th Street and Utica Avenue intersection through our existing sole source vendor, Leverage Information Systems, in the amount of $17,265.69 and authorization to appropriate $17,265.69 from the Law Enforcement Reserve Fund. G10. Consideration to approve a Household Hazardous Waste Collection Agreement with the County of San Bernardino Fire Protection District. G11. Consideration to approve a Donation Agreement with the Inland Empire Resource Conservation District (IERCD) for the transfer of approximately 62 acres of City -owned land lying northeast of the City for Wildlife and Plant Life Conservation Purposes (APNs 0226-061-16, 0226-061-62, 0226-401-01, and 0226-421-07. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G1 through G11. Motion carried unanimously, 5-0. H. CONSENT ORDINANCES H1. Consideration to Conduct Second Reading and Adoption of Ordinance No. 908, amending Chapter 12.04.010 of the Rancho Cucamonga Municipal Code as it relates to possession and consumption of alcoholic beverages at specifically designated park and other recreation facilities. ORDINANCE NO. 908 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AS IT RELATES TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SPECIFICALLY DESIGNATED PARK AND OTHER RECREATION FACILITIES MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to waive full reading and adopt Ordinance No. 908. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 908. VOTES NOW CAST ON MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to waive full reading and adopt Ordinance No. 908 by title only. Motion carried unanimously, 5-0. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 4 of 11 I. ADMINISTRATIVE HEARING ITEM 11. Verbal Update by Southern California Gas Company on the Archibald (near La Gloria and Jadeite Streets) Gas Leak Cleanup. Mayor Michael announced that the City is concerned with the gas leak situation and that it is being handled appropriately by the Southern California Gas Company even though the City does not have authority over them. In addition, Mayor Michael announced that the City wanted to facilitate a dialog between residents, staff and Southern California Gas Company by having public discussion at tonight's City Council meeting. Mayor Michael introduced Gillian Wright, Vice President -Customer Services from SoCalGas, who provided a verbal update on the gas leak cleanup, including the timeline for the gas leak repair, extraction and monitoring, and the extraction equipment being utilized. Jeorge Aspa, Senior Vice -President Gas Operations & System Integrity from SoCalGas, explained the clean-up process, gas line replacements, and reported distress vegetation. Discussion ensued on measurements on hazardous methane. Discussion ensued on lack of timely notification to the City on the gas leak from SoCalGas and findings on the testing done in the area. Mayor Michael declared the Public Hearing open. Public Communications: Mark Pacheco expressed concerns with the gas leak and spoke on the replacement of pipes in his streets. David Love spoke on the gas leak cleanup noting increased traffic created by the leak and commended the Post Office and Burrtec for maneuvering through the repairs. Rebecca Davies expressed concerns with the gas leak, including the longevity of the leak, spoke on recommended actions SoCalGas should take, and presented suggestions for the future. Ms. Davies submitted two letters to the City in regards to the gas leak. The first letter is on behalf of herself and Trudy Usatorres and the second letter submitted is on behalf of Janet C. Luke. Robert Hanson spoke on the gas leak clean up and communications the residents received by SoCalGas; went over data received from SoCalGas; expressed concerns with uncertainty and recommended monitoring the deep wells. Judith Newsome expressed concerns with the gas leak situation and with how SoCalGas and the City is handling the situation. Trudy Usatorres spoke on gas readings in her neighborhood and the work SoCalGas performed; expressed concerns with the information provided by SoCalGas and asked if the City can guarantee that residents will be provided with support. Brooke Usatorres expressed concerns with her health and asked the City for assistance in resolving the gas leak issue. Trudy Usatorres read a letter on behalf of Dr. Mowjood in which he expresses concerns with the welfare of the community due to the gas leak. Adriana Cuyler expressed concerns about the gas leak and long term health effects; and spoke on gas reading levels at her home. Les Davis indicated that he came to speak in support of his neighbors; spoke on information received by SoCalGas; and on his health. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 5 of 11 Linda Aguilera stated that there is a strong smell of gas in her neighborhood; expressed concerns with her health and the gas leak; and recommended additional testing. Mayor Michael closed the Public Hearing. SoCalGas Vice President -Customer Services Wright spoke on conditions of hazards with methane. Ms. Wright encouraged the public to contact SoCalGas if they detect methane odor. City Manager Gillison informed the public that questions will be taken down and will be followed up with. Discussion ensued on detecting gas leaks. Council Member Spagnolo expressed concern that there was a delay to communicate with the City on what was occurring in the neighborhood and suggested SoCalGas be honest with the community, and expressed sympathy for the community for what they are experiencing. SoCalGas Vice President -Customer Services Wright acknowledged and apologized for the delay in getting the information out. Ms. Wright thanked the City for their outreach support and for helping the gas company get information out to the public. City Manager Gillison reported there was a delay in informing the City on ground contamination and that the City has been working diligently with Southern California Gas Company, Air Quality Management District and the County Health Department to get all the information out to the public. He stated that the City will follow up with the Gas Company to keep monitoring the issue and address long term effects. SoCalGas Vice President -Customer Services Wright offered and encouraged residents to consult with Dr. McDaniels who has stated that no long term effects can be caused by methane exposure. SoCalGas can provide residents with Dr. McDaniel's information. Council Member Williams expressed concerns with effects due to the gas leak, stated that she hopes that the gas company can assume responsibility for the cost of tests that need to be done for children and bring assurance to the parents, and spoke on tracing gas leaks. Discussion ensued on maintenance of the pipelines and replacing a section on Archibald Avenue between Banyan Street to Lemon Avenue. Mayor Pro Tem Kennedy spoke on trust and transparency being a priority to the Council, and indicated that it has been strained by the lack of communication by the gas company. Mayor Pro Tem Kennedy inquired on 1.) how the gas company will monitor the prevention and detection of gas leaks; 2.) how long the gas company will monitor the issue; 3.) how far will the Gas Company look into the lines and infrastructure; 4.) information on timeline for restoration of properties; 5.) and data received from day one to present. Mayor Pro Tem Kennedy asked the gas company to take all concerns into account and keep the City Manager and staff informed. Council Member Alexander spoke about the lack of communication from SoCalGas with the residents; and stated that there are expectations from the City and residents on resolving the matter. SoCalGas Vice President -Customer Services Wright stated that they are committed to working with the community. Discussion ensued between the City Council and Ms. Wright on notifications made to the City to inform on the situation and data; the importance on communicating to the residents; protocols to do a home inspection; engaging a third party consultant to do testing; conducting further readings; and safety being a priority. Mayor Michael stated that he expects SoCalGas will work diligently with neighbors on addressing any concerns that were addressed at tonight's meeting and that may arise. Mayor Michael thanked SoCalGas for being present and thanked the residents that came to the meeting to address their concerns. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 6 of 11 12. Summary of Review of Results of Annual Independent Audit of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda for Fiscal Year 2015/16. City Manager Gillison introduced Jaime Garcia, Chairman of the Planned Communities Citizen's Oversight Committee, who gave a verbal update on the review of the annual independent audit. Mayor Michael on behalf of the City Council thanked Mr. Garcia for his work. Mr. Garcia thanked the City Council, City staff and volunteers for the Second Floor Library renovation. J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL Item J1 and J2 were taken out of order. J2. Public Hearing to consider: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00964 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to modify General Plan Figure LU -8 related to the removal of the Historic Resource Designation of an on-site tree related to the site plan and architectural review of a 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089- 031-36. Related files: Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DENSITY BONUS AGREEMENT DRC2017-00156 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA — A request for a Density Bonus Agreement between the City of Rancho Cucamonga and National Community Renaissance of California, for the purpose of providing a senior housing project in accordance with the Victoria Community Plan and the Development Code, including deviating from certain development standards, for the development of a 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Design Review DRC2016-00814, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RESOLUTION 17-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DENSITY BONUS AGREEMENT DRC2017-00156, A REQUEST FOR A DENSITY BONUS AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE VICTORIA COMMUNITY PLAN AND THE DEVELOPMENT CODE, INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS, FOR THE DEVELOPMENT OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 7 of 11 RESOLUTION NO. 17-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2016-00964, A REQUEST TO MODIFY GENERAL PLAN FIGURE LU -8 RELATED TO THE REMOVAL OF THE HISTORIC RESOURCE DESIGNATION OF AN ON-SITE TREE RELATED TO THE ARCHITECTURAL REVIEW OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1089-031-36. City Manager Gillison introduced Tabe van der Zwaag, Associate Planner, who gave the Staff Report and provided a project overview including information on affordability of the units for seniors, recreational amenities, the General Plan Amendment, density bonus agreement and staff recommendations. Mayor Michael declared the Public Hearing open. There were no public communications made. Mayor Michael closed the Public Hearing. Mayor Michael and Mayor Pro Tem Kennedy thanked National Community Renaissance of California and staff for their commitment to the project. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Alexander, to adopt Resolution No. 17-034 and No. 17-039. Motion carried unanimously, 5-0. J1. Public Hearing to consider: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — LVD TERRA VISTA, LLC - A request to modify the development standards within the Medium High (MH) District of the Terra Vista Community Plan related to the site plan and architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077-422-97. Related files: Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017- 00215, Minor Exception DRC2016-00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 909 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT, MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDING IN SUPPORT THEREOF — APN: 1089-031-36. City Manager Gillison introduced Tabe van der Zwaag, Associate Planner, who gave the Staff Report and provided a project overview including information on recreational amenities, the Terra Vista Community Plan Amendment, parking and staff recommendations. Discussion ensued on roof decks and square footage of town homes; traffic counts and street widths. Mayor Michael declared the Public Hearing open. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 8 of 11 Jonathon Siemsen, Applicant on behalf of LVD Terra Vista, LLC, spoke on the project; and thanked the City for assisting them in developing the plan. Discussion ensued on the price for the units. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to introduce First Reading of Ordinance No. 909, by title only. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 909. VOTES NOW CAST ON MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to introduce First Reading of Ordinance No. 909, by title only. Motion carried unanimously, 5-0. J3. Public Hearing to consider Resolution No. 17-040 setting Residential, and Commercial/Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. RESOLUTION NO. 17-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL/INDUSTRIAL SOLID WASTE AND RECYCLING COLLECTION RATES WITHIN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. City Manager Gillison introduced Linda Ceballos, Environmental Programs Manager, who gave the Staff Report and reported that the City received a total of nine written protests. The written protests were received by Michelle Co, Kristie Sepulveda-Burchit, Brian Ho, Anil Kheraj, Seemeen Mehr, Vito Adragna, Rae Pangburn, Jeani Garvin and Vincent Campo. Discussion ensued on informing the public on properly disposing of hazardous waste and recyclable waste; obtaining smaller containers for seniors; the Pay As You Go Program; educating the public on recycling; and the strong partnership with Burrtec. Mayor Michael declared the public hearing item open. There were no public communications made. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to adopt Resolution No. 17-040. Motion carried unanimously, 5-0. K. CITY MANAGER'S STAFF REPORTS CITY COUNCIL K1. Consideration of approval regarding various actions to streamline the City's Procurement Processes. ORDINANCE NO. 910 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 9 of 11 RESOLUTION NO. 17-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ELECTING TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES RESOLUTION NO. FD17-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ELECTING TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES RESOLUTION NO. 17-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE PROCUREMENT SYSTEM RESOLUTIONS AND ESTABLISHING UPDATED PURCHASING AUTHORITY LIMITS FOR CITY PERSONNEL RESOLUTION NO. FD17-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE PROCUREMENT SYSTEM RESOLUTIONS AND ESTABLISHING UPDATED PURCHASING AUTHORITY LIMITS FOR CITY PERSONNEL City Manager Gillison introduced Ruth Cain, Procurement Manager and Jason Welday, Director of Engineering Services/City Engineer, who gave the Staff Report and went over the summary of proposed changes to streamline the City's Procurement process. Discussion ensued on the current purchasing process; and benefits with the new purchasing process. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Williams, to introduce First Reading of Ordinance No. 910, by title only. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 910. VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Williams, to introduce First Reading of Ordinance No. 910, by title only. Motion carried unanimously, 5-0. MOTION: Moved by Council Member Williams, seconded by Council Member Alexander, to approve Resolution No. 17-041 and 17-042. Motion carried unanimously, 5-0. MOTION: Moved by Board Member Alexander, seconded by Board Member Williams, to approve Resolution FD - 005 and FD 17-006. Motion carried unanimously, 5-0. L. COUNCIL BUSINESS L1. Consideration to cancel the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council on July 5, 2017. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Alexander, to cancel the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council on July 5, 2017. Motion carried unanimously, 5-0. **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 10 of 11 L2. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams reported her attendance at a Sothern California Association of Governments Committee Meeting — (Energy and Environment) on Thursday, June 1, 2017 concerning the drought. Mayor Michael reported his attendance at a San Bernardino County Transportation Authority meeting he attended earlier that day and provided information on the 2017-2018 Council of Government Work Plan. L3. COUNCIL ANNOUNCEMENTS(Comments to be limited to three minutes per Council Member.) None. M. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. N. ADJOURNMENT Mayor Michael adjourned the meeting at 10:24 p.m. Approved :*************** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** June 7, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authorityand City Council RegularMeetings Minutes City of Rancho Cucamonga 1 Page 11 of 11 June 8, 2017 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES CALL TO ORDER The City Council and Rancho Cucamonga Fire Protection District held a special meeting on Wednesday, June 8, 2016 in the Tri -Communities Conference Room, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meetings to order at 5:02 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; and Linda A. Troyan, City Clerk Services Director. Council Member Spagnolo led the Pledge of Allegiance. PUBLIC COMMUNICATIONS No public communications were made. ITEMS OF DISCUSSION 1. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2017/18 (The budget is available for review at the City Clerk's Office, Biane Library, Archibald Library and on the City's website.) John Gillison, City Manager, via a PowerPoint presentation, reviewed main highlights of the budgets including local economic forecast, fiscal year budget changes, economic development, revenues, expenditures, infrastructure, Fiber Master Plan Summary, Victoria Gardens Courtyard Project, Public Works Services Warehouse project, Public Safety/Community Services, Personnel/Technology, Operating Budgets (City General Fund, Library, Fire,) and Special Districts. City Manager Gillison's budget message for Fiscal Year 2017-2018 is "Poised for New Success". The City is poised for greater success and new heights it has not reached before and also greater costs and challenges. The operating budgets for Rancho Cucamonga are comprised of the following: City General Fund $80,757,570 Fire District Operational Funds $35,014,090 Library Fund $ 5,163,710 In addition to the operating budgets, the complete City budget includes other special funds which are restricted from use for general municipal operations. The total budget for Special Funds (including CIP) is $110,785,460. The Fire District's Capital Fund budget is $15,690,640. The preliminary budget and Power Point presentation are available on the City's website. An additional budget meeting is scheduled for June 22, 2017 at 3:00 p.m. ADJOURNMENT The City Council and Fire Protection District Special meetings adjourned at 5:35 p.m. June 8, 2017 1 City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga 1 Page 1 of 2 Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: *********** June 8, 2017 1 City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga 1 Page 2 of 2 Al: Video Trailer was shown for the 2017/2018 Season at the Lewis Family Playhouse • liO dJCP:.i1ONGA Fire Protection District - Housing Successor Agency Successor Agency Public Financing Authority City Council Al. ANNOUNCEMENTS/PRESENTATIONS Announcement of the 2017/18 Season at the Lewis Family Playhouse. REGULAR MEETING - JUNE 21, 2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 P1 Check No. Check Date Vendor Name C Fire Amount AP 00007104 06/07/2017 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 74,792.00 0.00 74,792.00 AP 00007105 06/07/2017 EXELON GENERATION CO. LLC. 141,617.40 0.00 141,617.40 AP 00007106 06/07/2017 POWEREX CORP 136,302.44 0.00 136,302.44 AP 00007107 06/07/2017 RCCEA 1,802.50 0.00 1,802.50 AP 00007108 06/07/2017 RCPFA 11,512.37 0.00 11,512.37 AP 00007109 06/07/2017 RIVERSIDE, CITY OF 6,484.00 0.00 6,484.00 AP 00380383 05/31/2017 A AND R TIRE SERVICE 247.12 0.00 247.12 AP 00380384 05/31/2017 ADOBE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00380385 05/31/2017 ADVANCED CHEMICAL TRANSPORT 1,376.50 0.00 1,376.50 AP 00380386 05/31/2017 AFSS SOUTHERN DIVISION 0.00 50.00 50.00 AP 00380387 05/31/2017 ALBERT GROVER & ASSOCIATES 3,230.00 0.00 3,230.00 AP 00380388 05/31/2017 ALCONCEL, FRANKLIN P 500.00 0.00 500.00 AP 00380389 05/31/2017 ALLIANT INSURANCE SERVICES INC. 895.00 0.00 895.00 AP 00380390 05/31/2017 ALLIED UNIVERSAL SECURITY SERVICES 82,834.80 0.00 82,834.80 AP 00380391 05/31/2017 ALPHAGRAPHICS 1,009.28 0.00 1,009.28 AP 00380392 05/31/2017 APPA 1,200.25 0.00 1,200.25 AP 00380393 05/31/2017 APPA 6,001.27 0.00 6,001.27 AP 00380394 05/31/2017 ASIAN GANG INVESTIGATOR'S ASSOC. OF CA 495.00 0.00 495.00 AP 00380395 05/31/2017 AUNTIE ROXIES LIFE OF THE PARTY 898.15 0.00 898.15 AP 00380396 05/31/2017 BARNES AND NOBLE 944.20 0.00 944.20 AP 00380397 05/31/2017 BATTERY POWER INC 433.55 0.00 433.55 AP 00380398 05/31/2017 BEST BEST AND KRIEGER 1,494.50 0.00 1,494.50 AP 00380399 05/31/2017 BLAME WINDOW HARDWARE INC. 842.35 0.00 842.35 AP 00380400 05/31/2017 BLUM ELECTRIC 9,053.89 0.00 9,053.89 AP 00380401 05/31/2017 BRIGHTVIEW LANDSCAPE SERVICES INC. 96,409.75 0.00 96,409.75 AP 00380402 05/31/2017 BUTSKO UTILITY DESIGN INC. 7,495.32 0.00 7,495.32 AP 00380403 05/31/2017 C V W D 3,449.25 0.00 3,449.25 AP 00380404 05/31/2017 C V W D 1,142.60 0.00 1,142.60 AP 00380405 05/31/2017 C V W D 298.61 0.00 298.61 AP 00380408 05/31/2017 C V W D 19,009.30 1,068.09 20,077.39 *** AP 00380409 05/31/2017 CABLE INC. 1,294.21 0.00 1,294.21 AP 00380410 05/31/2017 CAJIUT, RHODERIC 500.00 0.00 500.00 AP 00380411 05/31/2017 CANALES CONSTRUCTION 500.00 0.00 500.00 AP 00380412 05/31/2017 CARQUEST AUTO PARTS 1,151.36 239.62 1,390.98 *** AP 00380413 05/31/2017 CDW GOVERNMENT INC. 3,175.74 0.00 3,175.74 AP 00380414 05/31/2017 CENTRAL SCHOOL DISTRICT 15,410.00 0.00 15,410.00 AP 00380415 05/31/2017 CHEN, GUIJU 20.00 0.00 20.00 AP 00380416 05/31/2017 CHURCH OF CHRIST 281.13 0.00 281.13 AP 00380417 05/31/2017 CINTAS CORPORATION #150 0.00 228.15 228.15 AP 00380418 05/31/2017 CLIENT FIRST CONSULTING GROUP 350.00 0.00 350.00 AP 00380419 05/31/2017 COIT SERVICES INC. 150.00 0.00 150.00 AP 00380420 05/31/2017 CONCEPT POWDER COATING 1,360.00 0.00 1,360.00 AP 00380421 05/31/2017 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00380422 05/31/2017 D & D SERVICES INC. 430.00 0.00 430.00 AP 00380423 05/31/2017 DAN GUERRA AND ASSOCIATES 21,510.00 0.00 21,510.00 AP 00380424 05/31/2017 DEALER ALTERNATIVE SOLUTIONS 3,305.35 0.00 3,305.35 AP 00380425 05/31/2017 DELL MARKETING L.P. 1,295.91 0.00 1,295.91 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 06/13/2017 Report: CK_AGENDA_REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380426 00380427 00380428 00380429 00380430 00380431 00380432 00380433 00380434 00380435 00380436 00380437 00380438 00380439 00380440 00380441 00380442 00380443 00380444 00380445 00380446 00380447 00380448 00380449 00380450 00380451 00380452 00380453 00380454 00380455 00380456 00380457 00380458 00380459 00380460 00380461 00380462 00380463 00380464 00380465 00380466 00380467 00380468 00380469 00380470 00380471 00380472 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name DIXON, BREESHA DUGMORE & DUNCAN INC. ESTRADA, ROBERT EXPRESS BRAKE SUPPLY FACTORY MOTOR PARTS FRONTIER COMM FRS ENVIRONMENTAL GATEWAY PET CEMETERY AND CREMATORY GLOBAL ENVIRONMENTAL NETWORK INC. GLOBALSTAR USA GOOD YEAR TIRE AND RUBBER CO. GRAINGER GRAPHICS FACTORY INC. HAAKER EQUIPMENT CO HAN, ALBERT HENRY SCHEIN ANIMAL HEALTH SUPPLY HERC RENTALS INC. HERITAGE EDUCATION GROUP HILLS PET NUTRITION SALES INC HOSE MAN INC HOYT LUMBER CO., SM HUB CONSTRUCTION SPECIALTIES INC HUMANE SOCIETY OF SAN BERNARDINO VALLEY INI IDEXX DISTRIBUTION INC IMPETT, VICTORIA ANN INLAND VALLEY EMERGENCY PET CLINIC INTERNATIONAL LINE BUILDERS INC INTERVET INC JACOBSEN DIVISION OF TEXTRON INC JOHN BURR CYCLES INC JRC HOUSING JRC HOUSING KIMBALL MIDWEST KVAC ENVIRONMENTAL SERVICES INC LIGHTHOUSE, THE MACIAS-NAVARRO, MARTHA MADRONE & ARROW LLC MADRONE & ARROW LLC MARIPOSA LANDSCAPES INC MARK CHRISTOPHER CHARITY CLASSIC MARTINEZ TOWING MARY S ROBERTS SPAY/NEUTER CLINIC MATLOCK ASSOCIATES MCMASTER CARR SUPPLY COMPANY MEDIWASTE DISPOSAL MIDWEST TAPE MIG 145.25 1,147.80 270.00 129.58 0.00 161.75 276.00 290.00 3,400.00 83.90 1,414.47 1,928.76 83.51 110.93 3,000.00 169.96 1,449.35 45.00 1,296.40 0.00 0.00 2,014.06 100.00 3,730.92 418.81 985.00 6,111.86 4,975.65 390.04 496.69 6,520.00 5,505.00 881.33 1,034.35 0.00 250.00 6,127.00 613.00 62,177.46 0.00 100.00 50.00 4,650.00 1,171.60 65.00 2,367.90 2,875.00 P2 Fire Amount 0.00 0.00 0.00 0.00 377.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 76.39 34.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 120.85 0.00 0.00 0.00 0.00 377.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 145.25 1,147.80 270.00 129.58 377.03 161.75 276.00 290.00 3,400.00 83.90 1,414.47 1,928.76 83.51 110.93 3,000.00 169.96 1,449.35 45.00 1,296.40 76.39 34.89 2,014.06 100.00 3,730.92 418.81 985.00 6,111.86 4,975.65 390.04 496.69 6,520.00 5,505.00 881.33 1,034.35 120.85 250.00 6,127.00 613.00 62,177.46 377.05 100.00 50.00 4,650.00 1,171.60 65.00 2,367.90 2,875.00 User: VLOPEZ - VERONICA LOPEZ Page: 2 Report: CK_AGENDA_REG_PO Current Date: 06/13/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380473 00380474 00380475 00380476 00380477 00380478 00380479 00380480 00380481 00380482 00380483 00380484 00380485 00380486 00380487 00380488 00380489 00380490 00380491 00380492 00380493 00380494 00380495 00380496 00380497 00380498 00380499 00380500 00380501 00380502 00380503 00380504 00380505 00380506 00380507 00380508 00380509 00380510 00380511 00380512 00380514 00380515 00380516 00380517 00380518 00380519 00380520 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name MIJAC ALARM COMPANY MILANES, YIKCIA MOTHERS AGAINST DRUNK DRIVING (MADD) MOUNTAIN VIEW GLASS AND MIRROR INC MOUNTAIN VIEW INLAND POOL SUPPLY & REPAIR MOUNTAIN VIEW POOL REMODELING MOUNTAIN VIEW SMALL ENG REPAIR MSNOC INC NEOPOST USA INC NEWCO DISTRIBUTORS INC NORTHTOWN HOUSING DEVELOPMENT CORP. ONTARIO SPAY AND NEUTER INC ONTARIO WINNELSON CO OPARC PESTEL, PAUL PETES ROAD SERVICE INC PHOENIX GROUP INFORMATION SYSTEMS PIRTLE WELDING PRISTINE UNIFORMS LLC PRO -LINE INDUSTRIAL PRODUCTS INC PRODUCT DEVELOPMENT INC. PSA PRINT GROUP PSA PRINT GROUP RANCHO REGIONAL VETERINARY HOSPITAL INC RDO EQUIPMENT COMPANY RODRIGUEZ INC, RY ROSE BRAND WIPERS INC ROTO ROOTER ROYAL WHOLESALE ELECTRIC S R G GEOSCIENCES & ENGINEERING SAN ANTONIO REGIONAL HOSPITAL SAN BERNARDINO CTY SCOTT, MICHAEL SHRED PROS SIEMENS INDUSTRY INC SIGN SHOP, THE SITEONE LANDSCAPE SUPPLY LLC SMITH, DIANA SO CALIF GAS COMPANY SOUTH COAST AQMD SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC SOUTHLAND SPORTS OFFICIALS SPARTAN MOTORS INC SPECIALIZED CARE FOSTER FAMILY AGENCY STEVE CUNNINGHAM STOR'EM SELF STORAGE C_ Fire Amount 1,482.78 1,881.00 400.00 1,696.89 650.00 450.00 71.05 2,050.00 266.93 869.94 402.73 350.00 644.30 352.00 6.00 108.04 58.53 800.00 66.79 573.41 6,543.00 1,333.84 205.85 100.00 10.96 4,537.57 6.76 478.73 7,539.94 95.00 0.00 0.00 50.77 0.00 1,306.25 385.07 152.49 169.12 6,775.17 125.47 3,452.51 643.00 184.00 0.00 259.38 500.00 895.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150.00 11,985.89 0.00 76.00 0.00 0.00 0.00 0.00 166.65 250.94 0.00 0.00 0.00 0.22 0.00 0.00 0.00 P3 1,482.78 1,881.00 400.00 1,696.89 650.00 450.00 71.05 2,050.00 266.93 869.94 402.73 350.00 644.30 352.00 6.00 108.04 58.53 800.00 66.79 573.41 6,543.00 1,333.84 205.85 100.00 10.96 4,537.57 6.76 478.73 7,539.94 95.00 150.00 11,985.89 50.77 76.00 1,306.25 385.07 152.49 169.12 6,941.82 *** 376.41 *** 3,452.51 643.00 184.00 0.22 259.38 500.00 895.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Report: CK_AGENDA_REG_PO Current Date: 06/13/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380521 00380522 00380523 00380524 00380525 00380526 00380527 00380528 00380529 00380530 00380531 00380532 00380533 00380534 00380535 00380536 00380537 00380538 00380539 00380540 00380541 00380542 00380546 00380547 00380548 00380549 00380550 00380551 00380552 00380553 00380554 00380555 00380556 00380557 00380558 00380559 00380560 00380561 00380562 00380563 00380564 00380565 00380566 00380567 00380568 00380569 00380570 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name STOTZ EQUIPMENT STOVER SEED COMPANY SYSCO LOS ANGELES INC THOMSON REUTERS WEST PUBLISHING CORP TICKETS.COM U.S. BANK PARS ACCT #6746022500 U.S. BANK PARS ACCT #6746022500 U.S. BANK PARS ACCT #6746022500 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE UPS VAN SCOYOC ASSOCIATES INC VERDUGO, MANUEL VERIZON BUSINESS VISION COMMUNICATIONS CO WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WEST END MATERIAL SUPPLY WHITE CAP CONSTRUCTION SUPPLY WHITE HOUSE PHOTO INC WILSON & BELL AUTO SERVICE ABC LOCKSMITHS BRODART BOOKS CITRUS MOTORS ONTARIO INC GENERATOR SERVICES CO GRANICUS INC HOLLIDAY ROCK CO INC INTERSTATE BATTERIES OFFICE DEPOT TOMARK SPORTS INC A.Y. NURSERY INC. ACEY DECY EQUIPMENT INC. ADAPT CONSULTING INC ADVANCED EQUIPMENT CORP. AFLAC GROUP INSURANCE ALLIANT INSURANCE SERVICES INC. ALPHAGRAPHICS AMTECH ELEVATOR SERVICES ARCHITERRA DESIGN GROUP ASBURY ENVIRONMENTAL SERVICES ASSI SECURITY AUFBAU CORPORATION BLUM ELECTRIC BRAUN BLAISING SMITH WYNNE P.C. BRIGHTVIEW LANDSCAPE SERVICES INC. BUREAU VERITAS NORTH AMERICA INC BURGHER, JUSTIN 558.40 7,919.63 495.78 347.55 15,000.00 2,851.94 573.92 6,605.00 15,000.00 331.79 4,000.00 250.00 10.17 180.00 362.11 10,407.26 0.00 100.25 706.29 350.00 727.92 1,399.41 6,325.42 0.00 907.99 2,072.48 4,512.86 0.00 4,526.92 467.06 1,099.05 151.48 0.00 919.62 40.97 214.00 259.35 556.20 2,475.00 0.00 1,297.50 15,666.00 1,355.82 4,461.75 16,172.17 3,115.44 0.00 P4 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.37 0.00 468.49 0.00 0.00 0.00 0.00 0.00 0.00 216.66 0.00 0.00 0.00 226.95 0.00 0.00 0.00 0.00 959.77 0.00 0.00 0.00 0.00 0.00 0.00 120.00 0.00 0.00 0.00 0.00 0.00 0.00 241.36 558.40 7,919.63 495.78 347.55 15,000.00 2,851.94 573.92 6,605.00 15,000.00 331.79 4,000.00 250.00 10.17 180.00 370.48 *** 10,407.26 468.49 100.25 706.29 350.00 727.92 1,399.41 6,325.42 216.66 907.99 2,072.48 4,512.86 226.95 4,526.92 467.06 1,099.05 151.48 959.77 919.62 40.97 214.00 259.35 556.20 2,475.00 120.00 1,297.50 15,666.00 1,355.82 4,461.75 16,172.17 3,115.44 241.36 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 06/13/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380573 00380574 00380575 00380576 00380577 00380578 00380579 00380580 00380581 00380582 00380583 00380584 00380585 00380586 00380587 00380588 00380589 00380590 00380591 00380592 00380593 00380594 00380595 00380596 00380597 00380598 00380599 00380600 00380601 00380602 00380604 00380605 00380606 00380607 00380608 00380609 00380610 00380611 00380612 00380613 00380614 00380615 00380616 00380617 00380618 00380619 00380620 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name CVWD CALIFORNIA TRAINING OFFICERS ASSOCIATION CALIFORNIA, STATE OF CALIFORNIA, STATE OF CALIFORNIA, STATE OF CASTELLUCCI, CECIL CCAC CDW GOVERNMENT INC. CHAMPION AWARDS AND SPECIALTIES CHARTER COMMUNICATIONS CHINO MOWER AND ENGINE SERVICE CINTAS CORPORATION #150 CLIMATEC LLC COAST RECREATION INC COMEAU, CHAD CONVERGEONE INC. CREATIVE PROMOTIONAL IDEAS CROP PRODUCTION SERVICES INC CROSBY, SHAWN CUSTOM MOUSE PADS D AND K CONCRETE COMPANY DAVID TAUSSIG AND ASSOCIATES INC. DELFIN, JUSTIN DEPARTMENT OF FORESTRY AND FIRE PROTECTION DIAMOND ENVIRONMENTAL SERVICES DUMBELL MAN FITNESS EQUIPMENT, THE ED MARTIN DESIGN EPSTEIN, SHAWN FEDERAL EXPRESS CORP FLEET SERVICES INC. FRONTIER COMM GEOGRAPHICS GRAINGER GRAVES & KING LLP GROVE LUMBER HEPNER, MIREYA HILLS PET NUTRITION SALES INC HOYT LUMBER CO., SM HUB CONSTRUCTION SPECIALTIES INC HUMANE SOCIETY OF SAN BERNARDINO VALLEY INI INDEPENDENT ROOFING CONSULTANTS INK SLINGER SCREEN PRINTING & EMBROIDERY INLAND EMPIRE TOURS AND TRANSPORTATION INNERLINE ENGINEERING INC INTERWEST CONSULTING GROUP INC J J KELLER AND ASSOC INC JOHNNY ALLEN TENNIS ACADEMY P5 C Fire Amount 57,621.70 0.00 8.44 60.00 100.00 350.00 200.00 1,571.31 85.66 235.82 1,465.34 0.00 5,474.01 5,276.64 0.00 9,942.00 0.00 2,101.15 425.00 91.78 2,647.43 2,310.00 15.00 0.00 1,119.70 150.00 1,212.50 0.00 22.55 0.00 7,207.03 753.25 1,375.38 1,779.09 146.91 61.72 1,573.03 0.00 1,777.88 50.00 900.00 3,993.75 1,138.00 2,880.00 16,359.52 297.39 428.40 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 534.92 0.00 255.87 0.00 0.00 261.00 0.00 3,203.48 0.00 0.00 0.00 0.00 0.00 0.00 33,233.77 0.00 0.00 0.00 200.00 0.00 1,167.26 1,506.35 0.00 0.00 0.00 0.00 0.00 0.00 14.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 57,621.70 50.00 8.44 60.00 100.00 350.00 200.00 1,571.31 85.66 770.74 *** 1,465.34 255.87 5,474.01 5,276.64 261.00 9,942.00 3,203.48 2,101.15 425.00 91.78 2,647.43 2,310.00 15.00 33,233.77 1,119.70 150.00 1,212.50 200.00 22.55 1,167.26 8,713.38 *** 753.25 1,375.38 1,779.09 146.91 61.72 1,573.03 14.34 1,777.88 50.00 900.00 3,993.75 1,138.00 2,880.00 16,359.52 297.39 428.40 User: VLOPEZ - VERONICA LOPEZ Page: 5 Report: CK_AGENDA_REG_PO Current Date: 06/13/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 P6 Check No. Check Date Vendor Name C Fire Amount AP 00380621 06/07/2017 JONES, CHRISTINA HAATAINEN 1,101.08 0.00 1,101.08 AP 00380622 06/07/2017 KAISER FOUNDATION HEALTH PLAN INC 209,993.36 0.00 209,993.36 AP 00380623 06/07/2017 LAVISHED PRINTING INC 969.75 0.00 969.75 AP 00380626 06/07/2017 LOWES COMPANIES INC. 8,822.27 1,091.97 9,914.24 *** AP 00380627 06/07/2017 LU'S LIGHTHOUSE INC 0.00 87.27 87.27 AP 00380628 06/07/2017 MABRY, JONATHAN E 500.00 0.00 500.00 AP 00380629 06/07/2017 MARIPOSA LANDSCAPES INC 2,027.00 0.00 2,027.00 AP 00380630 06/07/2017 MARK CHRISTOPHER INC 0.00 377.05 377.05 AP 00380631 06/07/2017 MARTINEZ, ALEC 181.23 0.00 181.23 AP 00380632 06/07/2017 MARTINEZ, SERGIO 50.00 0.00 50.00 AP 00380633 06/07/2017 MATHESON TRI -GAS INC 1,528.97 0.00 1,528.97 AP 00380634 06/07/2017 MC TRUCKING 1,663.16 0.00 1,663.16 AP 00380635 06/07/2017 MCFADDEN DALE HARDWARE 222.13 0.00 222.13 AP 00380636 06/07/2017 MCMASTER CARR SUPPLY COMPANY 629.10 0.00 629.10 AP 00380637 06/07/2017 MIDWEST TAPE 1,807.91 0.00 1,807.91 AP 00380638 06/07/2017 MOUNTAIN VIEW GLASS AND MIRROR INC 3,647.56 0.00 3,647.56 AP 00380639 06/07/2017 MOUNTAIN VIEW POOL REMODELING 650.00 0.00 650.00 AP 00380640 06/07/2017 MOUNTAIN VIEW SMALL ENG REPAIR 108.81 0.00 108.81 AP 00380641 06/07/2017 NAPA AUTO PARTS 0.00 212.27 212.27 AP 00380642 06/07/2017 OCCUPATIONAL HEALTH CTRS OF CA 0.00 13,575.00 13,575.00 AP 00380643 06/07/2017 OCLC INC 53.53 0.00 53.53 AP 00380644 06/07/2017 ONTARIO SPAY AND NEUTER INC 550.00 0.00 550.00 AP 00380645 06/07/2017 ONTARIO WINNELSON CO 81.87 0.00 81.87 AP 00380646 06/07/2017 OVERDRIVE INC 12,000.00 0.00 12,000.00 AP 00380647 06/07/2017 PARKES, DR KEVIN 0.00 6,000.00 6,000.00 AP 00380648 06/07/2017 PEPSI -COLA 182.93 0.00 182.93 AP 00380649 06/07/2017 PIONEER MANUFACTURING 2,056.43 0.00 2,056.43 AP 00380650 06/07/2017 PRE -PAID LEGAL SERVICES INC 96.59 0.00 96.59 AP 00380651 06/07/2017 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,174.00 0.00 3,174.00 AP 00380652 06/07/2017 RBM LOCK AND KEY SERVICE 81.62 0.00 81.62 AP 00380653 06/07/2017 RC PHOTO CLUB INC 210.00 0.00 210.00 AP 00380654 06/07/2017 RDO EQUIPMENT COMPANY 221.88 0.00 221.88 AP 00380655 06/07/2017 RESOURCE BUILDING MATERIALS 941.23 0.00 941.23 AP 00380656 06/07/2017 RICHARDS WATSON AND GERSHON 2,875.00 0.00 2,875.00 AP 00380657 06/07/2017 RITENOUR MUSIC LLC 350.00 0.00 350.00 AP 00380658 06/07/2017 RJM DESIGN GROUP INC 18,285.93 0.00 18,285.93 AP 00380659 06/07/2017 ROSE BRAND WIPERS INC 4,670.11 0.00 4,670.11 AP 00380660 06/07/2017 ROSEBURROUGH TOOLS INC 1,131.62 0.00 1,131.62 AP 00380661 06/07/2017 ROTO ROOTER 165.00 0.00 165.00 AP 00380662 06/07/2017 ROYAL WHOLESALE ELECTRIC 11,524.30 0.00 11,524.30 AP 00380663 06/07/2017 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00380664 06/07/2017 SBPEA 970.13 0.00 970.13 AP 00380665 06/07/2017 SC FUELS 18,879.68 0.00 18,879.68 AP 00380666 06/07/2017 SC FUELS 2,487.94 0.00 2,487.94 AP 00380667 06/07/2017 SCHULTZ PIANO SERVICE 110.00 0.00 110.00 AP 00380668 06/07/2017 SHEAKLEY PENSION ADMINISTRATION 0.00 155.95 155.95 AP 00380669 06/07/2017 SHEAKLEY PENSION ADMINISTRATION 330.70 0.00 330.70 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 06/13/2017 Report: CK_AGENDA REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 P7 Check No. Check Date Vendor Name C Fire Amount AP 00380670 06/07/2017 SHERIFFS COURT SERVICES 446.95 0.00 446.95 AP 00380671 06/07/2017 SHOETERIA 650.90 0.00 650.90 AP 00380672 06/07/2017 SHOR-LINE 163,762.73 0.00 163,762.73 AP 00380673 06/07/2017 SIGN SHOP, THE 206.87 0.00 206.87 AP 00380674 06/07/2017 SILVER & WRIGHT LLP 33,775.75 0.00 33,775.75 AP 00380675 06/07/2017 SITEONE LANDSCAPE SUPPLY LLC 209.05 0.00 209.05 AP 00380676 06/07/2017 SO CALIF GAS COMPANY 668.73 150.89 819.62 *** AP 00380677 06/07/2017 SO CALIF GAS COMPANY 1,080.04 0.00 1,080.04 AP 00380678 06/07/2017 SOCIAL VOCATIONAL SERVICES 6,776.00 0.00 6,776.00 AP 00380681 06/07/2017 SOUTHERN CALIFORNIA EDISON 23,490.42 2,213.74 25,704.16 *** AP 00380682 06/07/2017 SOUTHERN CALIFORNIA EDISON 149.01 0.00 149.01 AP 00380683 06/07/2017 SOUTHERN CALIFORNIA EDISON 23.35 0.00 23.35 AP 00380684 06/07/2017 SOUTHERN CALIFORNIA EDISON 2,066.01 0.00 2,066.01 AP 00380685 06/07/2017 SOUTHLAND FARMERS MARKET ASSOC INC 518.00 0.00 518.00 AP 00380686 06/07/2017 STANDARD INSURANCE COMPANY 3,882.21 0.00 3,882.21 AP 00380687 06/07/2017 STANDARD INSURANCE COMPANY 13,167.49 0.00 13,167.49 AP 00380688 06/07/2017 STOTZ EQUIPMENT 472.78 0.00 472.78 AP 00380689 06/07/2017 STOVER SEED COMPANY 511.82 0.00 511.82 AP 00380690 06/07/2017 THOMPSON PLUMBING SUPPLY INC 678.07 0.00 678.07 AP 00380691 06/07/2017 TOVEY/SHULTZ CONSTRUCTION INC 626,398.06 0.00 626,398.06 AP 00380692 06/07/2017 U S LEGAL SUPPORT INC 964.46 0.00 964.46 AP 00380693 06/07/2017 UNITED PACIFIC SERVICES INC 87,095.00 0.00 87,095.00 AP 00380694 06/07/2017 UNITED SITE SERVICES OF CA INC 240.78 0.00 240.78 AP 00380695 06/07/2017 UNITED WAY 131.00 0.00 131.00 AP 00380696 06/07/2017 UTILIQUEST 4,800.55 0.00 4,800.55 AP 00380697 06/07/2017 WAXIE SANITARY SUPPLY 5,332.94 0.00 5,332.94 AP 00380698 06/07/2017 WE TIP INC 8,715.25 0.00 8,715.25 AP 00380699 06/07/2017 WESTCOAST MEDIA 1,498.00 0.00 1,498.00 AP 00380700 06/07/2017 WORD MILL PUBLISHING 1,600.00 0.00 1,600.00 AP 00380701 06/08/2017 ABC LOCKSMITHS 5,299.22 0.00 5,299.22 AP 00380702 06/08/2017 AIRGAS USA LLC 0.00 60.34 60.34 AP 00380708 06/08/2017 BRODART BOOKS 16,882.81 0.00 16,882.81 AP 00380709 06/08/2017 DUNN EDWARDS CORPORATION 39.32 0.00 39.32 AP 00380710 06/08/2017 EMCOR SERVICE 1,005.00 0.00 1,005.00 AP 00380711 06/08/2017 HOLLIDAY ROCK CO INC 4,274.77 0.00 4,274.77 AP 00380712 06/08/2017 INLAND VALLEY DAILY BULLETIN 13,179.60 0.00 13,179.60 AP 00380713 06/08/2017 LIMS AUTO INC 3,839.06 0.00 3,839.06 AP 00380715 06/08/2017 OFFICE DEPOT 2,182.65 0.00 2,182.65 AP 00380716 06/08/2017 ORKIN PEST CONTROL 831.16 0.00 831.16 AP 00380717 06/08/2017 SAN BERNARDINO CTY 30,900.32 11,283.24 42,183.56 *** AP 00380718 06/12/2017 CALIFORNIA, STATE OF 1,680.00 0.00 1,680.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 06/13/2017 Report: CK_AGENDA REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Check No. Check Date Vendor Name Note: *** Check Number includes both City and Fire District expenditures P8 Fire Amount Total City: $2,494,669.53 Total Fire: $93,078.08 Grand Total: $2,587,747.61 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 06/13/2017 Report: CK_AGENDA__REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 P9 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register May 1, 2017- May 31, 2017 DATE DESCRIPTION CITY FIRE AMOUNT 5/1 WIRE TRANSFER - To Califomia ISO 8,986.95 8,986.95 5/1 Workers Comp - City Account Transfer 945.55 945.55 5/1 Workers Comp - Fire Account Transfer 511.38 511.38 5/2 AUTHNET GATEWAY BILLING CCD 96422441 63.65 63.65 5/2 CALPERS - City - Retirement Account Deposit 2,695.77 2,695.77 5/2 U.S. BANK - Purchasing Card Payment - April 2017 58,564.54 15,375.43 73,939.97 5/2 U.S. BANK - Corporate Card Payment - April 2017 69,748.23 25,482.14 95,230.37 5/2 Workers Comp - City Account Transfer 1,093.54 1,093.54 5/3 Workers Comp - City Account Transfer 1,010.95 1,010.95 5/3 Workers Comp - Fire Account Transfer 547.52 547.52 5/4 Workers Comp - City Account Transfer 981.75 981.75 5/4 Workers Comp - Fire Account Transfer 832.59 832.59 5/5 Workers Comp- City Account Transfer 1,134.64 1,134.64 5/8 WIRE TRANSFER - To California ISO 56,932.27 56,932.27 5/8 Workers Comp - City Account Transfer 392.00 392.00 5/8 Workers Comp - Fire Account Transfer 1,516.96 1,516.96 5/9 Workers Comp - City Account Transfer 1,637.40 1,837.40 5/10 STATE DISBURSEMENT UNIT - Child Support Payments 2,366.08 2,366.08 5/10 Workers Comp - City Account Transfer 1,300.62 1,300.62 5/10 Workers Comp - Fire Account Transfer 542.35 542.35 5/11 CALPERS - Fire - Retirement Account Deposit 1,571.28 1,571.28 5/11 CALPERS - Fire - Retirement Account Deposit 1,986.65 1,986.65 5/11 CALPERS - Fire - Retirement Account Deposit 5,989.11 5,989.11 5/11 CALPERS - Fire - Retirement Account Deposit 6,464.75 6,464.75 5/11 CALPERS - Fire - Retirement Account Deposit 6,832.08 6,832.08 5/11 CALPERS - Fire - Retirement Account Deposit 112,432.17 112,432.17 5/11 STATE DISBURSEMENT UNIT - Child Support Payments 4,809.38 4,809.38 5/11 Workers Comp - City Account Transfer 1,410.11 1,410.11 5/11 Workers Comp - Fire Account Transfer 232.00 232.00 5/12 Workers Comp - City Account Transfer 2,005.28 2,005.28 5/15 CALPERS - City - Retirement Account Deposit 48,621.79 48,621.79 5/15 CALPERS - City - Retirement Account Deposit 193,689.34 193,689.34 5/15 WIRE TRANSFER - To California ISO 11,074.02 11,074.02 5/15 Workers Comp - City Account Transfer 230.66 230.66 5/15 Workers Comp - Fire Account Transfer 3,118.23 3,118.23 5/16 Workers Comp - City Account Transfer 2,754.69 2,754.69 5/17 Workers Comp - City Account Transfer 800.00 800.00 5/17 Workers Comp - Fire Account Transfer 5,220.00 5,220.00 5/18 Workers Comp - City Account Transfer 3,049.68 3,049.68 5/18 Workers Comp - Fire Account Transfer 1,752.27 1,752.27 5/19 Workers Comp - City Account Transfer 580.00 580.00 5/19 Workers Comp - Fire Account Transfer 12,577.56 12,577.56 5/22 WIRE TRANSFER - To California ISO 5,881.69 5,881.69 5/22 Workers Comp - City Account Transfer 2,672.51 2,672.51 5/22 Workers Comp - Fire Account Transfer 4,271.58 4,271.58 5/23 Workers Comp - City Account Transfer 244.79 244.79 5/24 STATE DISBURSEMENT UNIT - Child Support Payments 2,330.33 2,330.33 5/24 Workers Comp - City Account Transfer 696.20 696.20 5/24 Workers Comp - Fire Account Transfer 8,461.20 8,481.20 5/25 ANALYSIS DEFICIT - Bank Fee - MAY 2017 29,314.05 29,314.05 5/25 CALPERS - City- Retirement Account Deposit 48,347.90 48,347.90 5/25 CALPERS - City - Retirement Account Deposit 190,163.23 190,163.23 5/25 CALPERS - Fire - Retirement Account Deposit 1,780.32 1,780.32 5/25 CALPERS - Fire - Retirement Account Deposit 2,183.63 2,183.63 5/25 CALPERS - Fire - Retirement Account Deposit 5,989.10 5,989.10 5/25 CALPERS - Fire - Retirement Account Deposit 6,393.36 6,393.36 5/25 CALPERS - Fire - Retirement Account Deposit 6,832.08 6,832.08 5/25 CALPERS - Fire - Retirement Account Deposit 106,977.60 106,977.60 5/25 STATE DISBURSEMENT UNIT - Child Support Payments 3,844.83 3,844.83 1 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register May 1, 2017 - May 31, 2017 DATE DESCRIPTION CITY FIRE AMOUNT 5/25 Workers Comp - City Account Transfer 1,821.48 1,821.48 5/25 Workers Comp - Fire Account Transfer 376.56 376.56 5/26 Workers Comp - City Account Transfer 1,371.74 1,371.74 5/26 Workers Comp - Fire Account Transfer 1,997.53 1,997.53 5/30 Workers Comp - Fire Account Transfer 2,508.22 2,508.22 5/31 U.S. BANK - Purchasing Card Payment - May 2017 55,466.96 13,893.70 69,360.66 5/31 U.S. BANK - Corporate Card Payment - April 2017 75,027.92 20,054.86 95,082.78 5/31 Workers Comp - City Account Transfer 923 22 923.22 $ 886,331.53 $ 393,358.42 GRAND TOTAL $ 1,279,689.95 2 P10 LO Z - 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OD="< C) a= PC f.10) 3 CD 7 O O O 0 sy;uolN Z i.- 9 sy;uo j g -1apun CD sJeeAE-Z sJeaA - E sJea,g - b O O 0 Cru U1 O O O O O .::`,g' 0 0.48% 1 W CO V O at co IV re N N e - - • en La cn e 0 =MI m bo V P16 P17 STAFF REPORT DATE: June 21, 2017 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE SEVENTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION RECOMMENDATION: It is recommended that the Fire Board approve the Seventh Amendment to Agreement for Legal Services with Richards, Watson & Gershon, A Professional Corporation. BACKGROUND: The City, Fire District, and Successor Agency (formerly the Rancho Cucamonga Redevelopment Agency) have contracted for legal services with City Attorney James Markman and his affiliate legal firms since the mid -1980's. Each of the City's three entities have individual agreements with James Markman's firm of Richards, Watson & Gershon that outline hourly rate structures, legal retainers, hourly rates for litigation, and specialized legal services. The most recent amendments to the agreements with the City, Fire District, and Successor Agency were executed in 2006. James Markman, on behalf of Richards, Watson & Gershon, has submitted proposed amendments to the agreements that the firm has with the three City related entities. ANALYSIS: If approved, the amendments would become effective on July 1, 2017. The cost impact has been incorporated into the Preliminary Fiscal Year 2017/18 Budget. FISCAL IMPACT: The table below illustrates the proposed changes to the hourly rates, as well as for the monthly retainer charged to the Fire District. As indicated above, the cost impact of these proposed changes has been incorporated into the Preliminary Fiscal Year 2017/18 Budget. Page 1 of 2 FIRE DISTRICT STAFF REPORT CONSIDERATION TO APPROVE SEVENTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION JUNE 21, 2017 Page 2 Rate Category Current Rate/Hour Proposed Rate/Hour $ Increase % Increase Monthly retainer - Fire District $900/month $1,000/month $100/month 11.11% First sixty (60) hours of work - City $ 190.00 $ 205.00 $ 15.00 7.89% Hourly work performed by: James L. Markman $ 215.00 $ 230.00 $ 15.00 6.98% Other shareholders and senior associates and contract attorneys $ 205.00 $ 220.00 $ 15.00 7.32% Other firm associates $ 185.00 $ 200.00 $ 15.00 8.11% Firm paralegals $ 150.00 $ 165.00 $ 15.00 10.00% Firm clerks $ 110.00 $ 125.00 $ 15.00 13.64% COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Attachment 1 — Seventh Amendment for Legal Services with Richards, Watson & Gershon, A Professional Corporation Page 2 of 2 P18 SEVENTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Seventh Amendment is made and entered into by and between the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ("District" hereinafter) and RICHARDS, WATSON & GERSHON, A Professional Corporation ("Attorneys" hereinafter). Recitals (i) On July 1, 2006, the District and Attorneys entered into a Fifth Amendment to an Agreement entitled "Agreement for Professional Legal Services" ("the Agreement" hereinafter). (ii) It is the purpose of this Seventh Amendment to modify rates for services charged by Attorneys to District during specified time periods. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph A of Section 3 the Agreement hereby is amended to provide as follows: "A. Retainer Services. District shall pay in advance of the first day of each month a monthly retainer in the sum of $1,000 prorated for any partial month on a 30 day basis." 2. Paragraph B of Section 3 of the Agreement is amended to read as follows: "B. Attorneys shall be compensated for all work performed in accordance with the following rates: "(i) At the rate of $230.00 per hour commencing July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by James L. Markman; "(ii) At the rate of $220.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by other shareholders and senior associates and contract attorneys (those with at least fifteen (15) years experience as licensed attorneys); 1I231-0001\1584041v1.doc 1 ATTACHMENT 1 P19 "(iii) At the rate of $200.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by other firm associates; "(iv) At the rate of $165.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by firm paralegals; "(v) At the rate of $125.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by firm clerks; "(vi) For services rendered on Litigation, other than tort defense or eminent domain, at Attorney's then current hourly rates discounted by 20%, subject to the approval of the Fire Chief on a case-by-case basis. 3. Other than is expressly amended hereby, the Agreement in each and every term and provision stated therein shall remain in full force and effect. WHEREFORE, the parties have executed this Seventh Amendment as of the dates set forth below opposite the name of each such party. RANCHO CUCAMONGA FIRE RICHARDS, WATSON & GERSHON PROTECTION DISTRICT A Professional Corporation By: By: Chairman Dated: Dated: ATTEST: By: Secretary 11231-0001\1584041v1.doc 2 P20 DATE: June 21, 2017 RANCHO CUCAMONGA FIRE DISTRICT STAFF REPORT TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director ( Mike Costello, Fire Chief .10‘-' Dean Rodia, Parks and Landscape Superintendent Ruth Cain, CPPB, Procurement Manager P21 SUBJECT: CONSIDERATION TO APPROVE THE AWARD OF A CONTRACT FOR FACILITY LANDSCAPE MAINTENANCE AT FIRE STATION 175 (BANYAN STATION) TO MARIPOSA LANDSCAPES, INC. IN AN AMOUNT NOT TO EXCEED $20,000. RECOMMENDATION: It is recommended the Board of Directors award and authorize the execution of a contract with Mariposa Landscapes, Inc., effective July 1. 2017 through June 30, 2018, in an amount not to exceed $20,000, for Facility Landscape Maintenance. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely go out for request for proposals to ensure vendor services remain competitive. Public Works staff updated the "Park Mowing and Facility Landscape Maintenance" contract to include newer terminology. service level specifications, area adjustments and better compliance language. With these changes to the scope of service, rebidding this contract would bring it more in line with current contract requirements and fund resources, while determining the best value for the community. The scope of services for this contract include city park mowing as well as landscape maintenance at City and Fire District facilities. These specifications were then provided to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted formal RFP # 16/17-016 for Parks Mowing & Facility Landscape Maintenance. There were two hundred and eleven (211) notified vendors; thirty-two (32) prospective bidders downloaded or viewed the bid package. and there were three (3) viable responses received. ANALYSIS: After analysis of the RFP responses and their proven competency in performing landscape services for the City and Fire District, Mariposa Landscapes was determined to be the most responsive contractor providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends the Board of Directors award a contract to Mariposa Landscapes, effective July 1, 2017 through June 30, 2018, in an amount not to exceed $20,000 for landscape maintenance at Fire Station 175, contingent on approval of the FY 2017 - Page 1 of 2 FIRE PROTECTION DISTRICT STAFF REPORT— FY 2017/2018 LANDSCAPE MAINTENANCE P22 AWARD FIRE STATION 175 (MARIPOSA) June 21, 2017 2018 budget. An additional $423,000 for the maintenance of City landscapes will be considered separately by the City Council. FISCAL IMPACT: All contract rates are within the proposed landscape maintenance budget line item in Fire Fund 3281529 (Fire Facilities Maintenance) for FY 2017/2018. COUNCIL GOAL(S) ADDRESSED: None ATTACHMENTS: None Page 2 of 2 P23 RANCHO CUCAMONGA FIRE DISTRICT DATE: TO: June 21, 2017 STAFF REPORT President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE SUPPORT SERVICES ASSOCIATION FOR THE PERIOD OF 2017-2019 RECOMMENDATION: It is recommended that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt Resolution No.17-003 approving the Memorandum of Understanding between the District and the Fire Support Services Association (FSSA) relative to wages, benefits and other terms and conditions of employment for FY 2017-2018 and 2018-2019. BACKGROUND: Representatives of the City and the FSSA have met and conferred in good faith and reached an agreement for a two-year (2) year labor contract for the period July 1, 2017 through June 30, 2019. During the negotiations of this MOU, the California Public Employees Retirement System (CaIPERS) Board approved lowering their assumed rate of return on investments. This decision will have the effect of increasing the amount the District must pay to cover retirement obligations. ANALYSIS: This new MOU was developed in mutual recognition of the current economic conditions in the State of California, the ongoing adjustments to CaIPERS, the ongoing fiscal challenges facing all local agencies, and prudent public policy, while balancing the need to maintain competitive compensation levels. Highlights of the new two-year agreement include an additional contribution of 1% per year paid by employees toward the cost of CaIPERS retirement benefits; a 2% cost of living increase each year during the 2 year term; up to $25 in matching deferred compensation per pay period for covered employees; an increase in uniform pay; an increase in Mechanic's on- call time; changes to the language to address Affordable Care Act modifications that may occur during the term of the MOU; a reduction in District work related injury pay; and removal of the parity provision from the MOU. Page 1 of 2 BOARD OF DIRECTORS STAFF REPORT FIRE MEG MOU JUNE 21, 2017 FISCAL IMPACT: It is anticipated that the negotiated changes to the MOU and the increases to the CaIPERS retirement obligation costs as outlined above will have a total cost of $180,000 to the District over the two-year term of the MOU. COUNCIL GOAL(S) ADDRESSED: PUBLIC SAFETY Approval of this MOU helps the District maintain and recruit well-trained, responsive and high performing employees who provide world-class service to the community. ATTACHMENTS: Attachment 1 - Resolution 17-003 Approving the 2017-2019 Fire Support Services Association MOU Page 2 of 2 P24 RESOLUTION NO. FD17-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE SUPPORT SERVICES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2017-2018 AND 2018-2019 P25 WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District (District) and the Fire Support Services Association (FSSA) have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment; and WHEREAS, Representatives of the District and the FSSA have agreed upon and present to this Board a Memorandum of Understanding pertaining to the FSSA effective, July 1, 2017 specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the FSSA for the period July 1, 2017 through June 30, 2019 effective July 1, 2017 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this resolution. ATTACHMENT 1 P26 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND FIRE SUPPORT SERVICES ASSOCIATION 2017-2019 P27 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I RECOGNITION 1 ARTICLE II COMPENSATION 1 § 1 Salary Ranges 1 A. Survey Cities 1 § 2 Salary Plan 1 A. Cost of Living Adjustment 1 B. Ranges 1 C. On -Call Pay 4 D. Bi -Lingual Pay 5 § 3 Work Periods and Overtime 5 A. Work Periods 5 B. Work Shifts 5 C. Flex Time 5 D. Overtime Pay 6 E. Call Back 6 F. 4/10 Schedule 6 § 4 Uniform Allowance 6 §5 Employee Group Insurance 7 A. Health Insurance 7 B. Dental Insurance 7 C. Vision Insurance 8 D. Life Insurance 8 E. Long Term Disability 8 §6 Tuition Reimbursement 8 § 7 Retirement Plan 9 A. Benefits 9 § 8 Work Related Injuries 11 §9 Carpooling 11 § 10 IRS 125 Plan 12 § 11 Voluntary Employee Benefit Association 12 ARTICLE III LEAVES 12 § 1 Holidays 12 §2 Holiday Facility Closure 13 § 3 Vacation Leave 13 Fire Support MOU 2017-2019.doc P28 § 4 Sick Leave 14 A. Full Time Employees 14 § 5 Personal Leave 16 § 6 Bereavement Leave 16 A. 40 -hour Personnel 16 § 7 Compensatory Time 17 § 8 Military Leave 17 § 9 Jury Duty 18 § 10 40 Hours of Vacation Buy -Back 18 § 11 Civil Subpoena/Criminal Subpoena 18 A. Civil Subpoena 18 B. Criminal Subpoena 19 § 12 Leaves of Absence without Pay 19 § 13 Natal and Adoption Leaves 19 A. Natal and Adoption Leave without Pay 19 B. Natal and Adoption Leave with Pay 20 § 14 Management Leave 20 § 15 Deferred Compensation 20 ARTICLE IV GRIEVANCE PROCEDURE 20 § 1 Purpose 20 § 2 Objectives 20 § 3 General Provisions 21 §4 Informal Grievance Procedure 21 § 5 Formal Grievance Procedure 22 A. Step I 22 B. Step II 22 C. Step III 22 D. Step M 23 ARTICLE V DISCIPLINARY APPEAL 24 § 1 Purpose 24 § 2 General Provisions 25 § 3 Pre -Disciplinary Notice 25 § 4 Hearing OfficerAppeal 26 § 5 CEO Decision 28 Fire Support MOU 2017-2019.doc ARTICLE VI SAFETY 29 § 1 Compliance 29 § 2 No Discrimination 29 § 3 Safety Equipment 29 § 4 Employee Responsibility 29 § 5 Smoking Policy 29 ARTICLE VII MANAGEMENT RIGHTS 29 § 1 Scope of Rights 29 § 2 Emergency Conditions 30 ARTICLE VIII EMPLOYEE RIGHTS 30 § 1 Scope of Rights 30 ARTICLE IX MAINTENANCE OF BENEFITS 31 ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS 31 ARTICLE XI PROVISIONS OF LAW 31 ARTICLE XII TERM 31 ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU 31 iii Fire Support MOU 2017-2019 doc P29 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District" hereinafter), and the Fire Support Services Association ("Association"hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Association as the exclusive recognized employee organization for the representation unit, which includes all employees of Districtspecified in Exhibit A attached hereto, who are employed on a full-time basis. ARTICLE II COMPENSATION § 1 Salary Ranges A. Survey Cities 1. Association and District agree the survey cities shall be Pasadena, West Covina, Corona, Ontario, Riverside, San Bernardino City and Chino Valley Fire. Inthe year prior to MOU expiration, a survey of the identified labor market cities will be completed, reviewed by the Association and District, and used as the comparison basis for any negotiations regarding market equity adjustment. The Association and District will work together to identify benchmark classifications will be surveyed, recognizing that not all Association classifications will be surveyed. § 2 Salary Plan A. Cost of Living Adjustment Effective the first full pay period in July of 2017 and July of 2018, all bargaining unit members shall receive a two (2%) percent cost of living salary adjustment. B. Ranges The base salary rangesfor all classes inthe bargaining unit shall consist of ranges having six (6) steps, labeled A through F, with approximately five percent (5%) between each step. Advancement between steps requires a satisfactory or higher annual performance evaluation. However, no employee shall receive more than one step increase in a 12 -month period unless granted for outstanding achievement pursuant to Section2(G)below. Placementwithintherange shall be in accordance with the following: 1 Fire Support MOU 2017-2019 P30 1. Salary on Appointment New employees shall be compensated at Step "A" ofthe salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation ofthe employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with thefollowing: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent consideration for merit salary adjustments shall be on a 12 month consecutive basis from the date of last merit salary adjustment. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after six (6) months of service. Subsequent consideration for merit salary adjustments shall be on a 12 month consecutive basis from the date of last merit salary adjustment. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days he or she was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or herforthe additional salary he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any six (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step inthe salary range for his or her class. 2 Fire Support MOU 2017-2019 P31 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step F of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of the promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion - any designated salary step in the lower salary range which will result in the employee's receiving at least a five percent (5%) reduction in pay. b. Non -disciplinary demotion - that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to,another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received and the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a Y -rate and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 3 Fire Support MOU 2017-2019 P32 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended bythe supervisor and approved bythe Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. When the work schedule or assigned duties are extremely different, the Fire Chief may approve acting pay which is greater than 5%. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive work days or five (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. C. On -Call Pay "Subject to the rotation provisions below, the Fire Equipment Mechanic and Fire Shop Supervisor shall, unless relieved of such duty by a supervisor, be in an 'on-call' status whenever not performing duties during scheduled hours. 'On-call' means that Fire Equipment Mechanics and Fire Shop Supervisor shall be required to respond to their designated work site(s) within one (1) hour of being advised by telephone, pager, or other means, that their services are required. The parties agree and acknowledge that the restrictions placed upon employee(s) placed into an on- call status are not unduly restrictive and therefore, do not constitute hours worked for the purposes of FLSA or District -defined overtime computations. In order to provide flexibility to the affected employees in order that an individual employee can conduct personal business other than during scheduled hours of work, the District shall at its expense, provide each affected employee with a cell phone, pager, and/or other means of communication whereby the necessity to respond to the work site(s) can be communicated to the affected employee. Each affected employee shall be required to maintain such communication device in a functioning status, and shall carry such device in such manner that District -initiated communications shall be received when transmitted. 4 Fire Support MOU 2017-2019 P33 Itis the goal of the District to provide for an on-call rotation among affected employees, resulting in a requirement that each affected employee be in an on-call status for not more than seven (7) consecutive calendar days without relief of such status for at least seven (7) consecutive calendar days. However, the parties recognize that needs of the District, injury, illness or other events may result in a District requirement that any given affected employee be maintained in an on-call status for greater than a seven (7) consecutive calendar day period of time. Each affected employee in a designated on-call status for seven (7) consecutive calendar days, shall receive additional compensation in the amount of two hundred seventy five ($275) dollars for each seven (7) calendar day period of time in an on-call mode. D. Bi -Lingual Pay Employees who qualify for bi-lingual pay will be provided said pay at $50.00 per month. Eligibility exams will be provided and administered by the Human Resources Department. Bi -lingual pay applies to the top 5 recognized languages from the most recent Census. § 3 Work Periods and Overtime A. Work Periods The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the work period. B. Work Shifts 1. Ten (10) hour work shifts begin at 0700 and end at 1800. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half (1.5) for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The District will not affect schedule changes but for good and sufficient cause. 5 Fire Support MOU 2017-2019 P34 D. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 3. Forthe purpose ofthis section, work time shall not include traveling to or from the normal work site. 4. All non-exempt full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half hour increments (fifteen (15) minutes work shall constitute one-half hour). For purposes of this section, work time shall not include time spent in traveling to and from the work site. 5. Employees required (held over)towork more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be madefor an equitable distribution of overtime, consistent with efficient operations of the District. E. Call Back A 'call back' occurs when following the employee having left the work site for at least one (1) hour after conclusion of the employee's scheduled hours of work, the employee is then advised by District management that he/she shall return to the work site. In such case of a 'call back', the affected employee (including those who are formally on on-call such as Fire Equipment Mechanic shall be compensated in an amount not less than two (2) hours at 1.5 times the employee's unadjusted base rate of pay, or the actual number of hours for which services are performed (also at the rate of 1.5 times the employee's unadjusted base rate of pay), whichever amount is greater. Computation of premium hours worked shall commence upon the employee commencing travel to the work site and shall conclude upon termination of the call back assignment. F. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a one-half hour lunch and arriving at work one-half hour late or leaving work one-half hour early. §4 Uniform Allowance A. The District shall provide four (4) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. Uniformed members must buy their own formal or semi -formal uniforms, as specified in District policy, at the completion of probation. The value of these initial uniforms provided hall be reported to CaIPERS as compensation in accordance with applicable CaIPERS requirements. 6 Fire Support MOU 2017-2019 P35 B. The District will provide for the purchase of uniform articles as specified in the District's rules and regulations, to a maximum of $1,000 per eligible employee per year. Uniform allowance shall be paid out on the first full pay period of the fiscal year. §5 Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 2. District provides fully paid employee and family health insurance for all full time continuous and retired employees who were hired before November 17, 1994. 3. District will provide fully paid employee and family health insurance for all full-time continuous employees hired after November 17, 1994, atthe lowest, fully paid insurance plan which is made available to affected employees and which is offered bythe Public Employees Medical and Hospital Care Program. As of March 5, 2014, the parties understand that PEMHCA is addressing the implications of the Affordable Care Act, and as a result may begin to offer a low-cost health insurance plan with reduced benefits to enrollees. The parties agree to reopen this provision of the MOU for discussion if in any given year PEMHCA's ratefor its lowest cost, fully paid insurance plan hasa premium that is at least 15% less than the lowest cost plan offered in the prior calendar year. Afailureto agree upon the resolution of this issue shall not be subject to resolution by fact finding or any other impasse resolution procedure. 4. All full time continuous employees hired after November 17, 1994, shall be responsible for paying their premiums for medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement. 5. Cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees' dependents, may be provided to those employees that can verify that their spouse and/or family can provide full health insurance. Selection of compensation shall be at the employee's discretion. The employee may reenter the District' s health plan at any time. 6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the District provides for employee health coverage. B. Dental Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time continuous employees. 7 Fire Support MOU 2017-2019 P36 C. Vision Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time continuous employees. D. Long Term Disability District agrees to provide to unit members a long term disability insurance plan provided by the same carrier utilized by the City of Rancho Cucamonga for its employees. §6 Tuition Reimbursement Reimbursements by the District of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year, shall be contingent upon a determination by the Fire Chief or his designee that all of the following conditions precedents exist: 1. Expenses shall be incurred as regards coursework undertaken at: a. A college or university that is licensed/accredited by the State of California. b. Certification Tracks authorized and approved by the California State Fire Marshal, i.e. Fire Instructor (alltracks), Fire Investigator(alltracks), Fire Marshal, Fire Mechanic (all tracks), Fire Prevention Officer, Fire Protection Specialist, Plans Examiner and Public Education Officer I. c. California Fire Chiefs Association Professional Recognition and Career Development Guide Level One and Level Two. d. International Code Council classes e. Microsoft Office Specialist certification 2. The applicant for reimbursement shall present to the Fire Chief or his designee documentation prepared by the accredited/licensed college or university which evidences the applicant's receiptofa gradeof"C" orbetter(ora "pass" ina pass/fail class) as regards each class for which reimbursement is sought. Where an employee is simultaneously enrolled in multiple approved classes and does notreceivea"C" or"pass" in any one or more of such classes, the amount of expenses subject to District reimbursement shall be reduced and/or as appropriate, pro -rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received. 3. Eligibility for reimbursement for said expenses shall be confined to either: 1.) those courses that in and of themselves consist of curriculum which is predominantly related to the development of skills reasonably anticipated by the District to enhancethe applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2.) where the employee has declared a major which is job related as set forth in Section 3(1), to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. 8 Fire Support MOU 2017-2019 P37 4. Eligibility for reimbursement upon completion of coursework shall be predicated upon the Fire Chief or his designee making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above- described job nexus does exist. The determination of the Fire Chief or his designee in such regards, shall be final. The costs which shall be subject to reimbursement are limited to the following: 1) tuition, 2) books, 3) supplies, 4) parking and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Fire Chief or designee and shall evidence each expenditure for which reimbursement is sought. § 7 Retirement Plan A. Benefits District is enrolled in the State of California Public Employee's Retirement System. Benefits aresummarized below: 1. Employees hired prior to July 9, 2011: § 21354.4 § 21574 § 20042 2.5% at 55 Full Formula 4th Level 1959 Survivor 1 Year Final Compensation The District pays and reports 8% normal CaIPERS member contributions by resolution. The District has adopted a resolution providing that all CaIPERS contributions shall be deducted on a pre-tax basis. Beginning July 1, 2017, employees hired prior to July 9, 2011, will contribute toward the employer share of CaIPERS, in addition to the three percentage point (3%) contribution by resolution, in accordance with the following schedule: • Effective July 1, 2017: 1°/0 of pay toward employer share, for a total of 4% of pay toward employer share. • Effective July 1, 2018: An additional 1% of pay toward employer contribution, for a total of 5% of pay toward employer share. The District has adopted a resolution providing that all employee CaIPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636 (c) (4) Reporting of Employer -Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 2. Employees hired on or after July 9, 2011 and through December 31, 2012, and Classic PERS members, as defined by PERS. who are hired on or after January 1, 2013: 9 Fire Support MOU 2017-2019 P38 § 21354 § 21574 § 20037 2% at 55 Full Formula 4th Level 1959Survivor 3 Year Final Compensation District pays and reports 6% normal PERS member contributions; employee pays 1% of the member contribution and 2% of the employer share by resolution. The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). In addition to the member contribution of 1% and employer share of 2% in accordance with the preceding paragraph, beginning July 1,2017, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, will contribute toward the employer share of CaIPERS in accordance with the following schedule: • Effective July 1, 2017: 1% of pay toward employer share, for a total of 3% of pay toward employer share and 1% of member contribution. • Effective July 1, 2018: An additional 1% of pay toward employer contribution, for a total of 4% pay toward employer share and 1% of member contribution. The District will adopt a resolution providing that all employee CaIPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636(c)(4) Reporting of Employer -Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CaIPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall beeligibleforthe 2% at 62 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CaIPERS. As of the effective date of this MOLJ, the required employee contribution for new members is 6.5% of reportable compensation. This amount will be adjusted periodically by CaIPERS, and the District employee contribution adjusted accordingly per state statute. 10 Fire Support MOU 2017-2019 P39 The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. PARS The Supplemental Benefit through PARS Phase II Retirement System is provided to all employees hired by December 31, 2012. In addition, the Fire District has adopted the PARS Retirement Enhancement Plan generally described as 0.5% (one-half percent) at 55 or at 60, depending upon the employee's hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56, have ten (10) years of full-time continuous service and retire from the District. This benefit will be paid to qualified retirees in addition to any CaIPERS benefits to which they are entitled. §8 Work Related Injuries Any employee within the bargaining unit covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such District position, shall receive from the District during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the employee's full salary. Such payments by the District should be made without any deduction from accrued sick leave benefits. The District's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. §9 Carpooling Those employees participating in a carpool going to and coming from their residence and work site shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be afforded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "ride share application agreement." Eligibility for ride share -related benefits is conditioned upon: 1. Each affected regular, full time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular, full time employee shall drive to and from work other than in an automobile. Forexample, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for ride share benefits shall be conditioned upon 1.) the regular, full time employee so participating 60% of the total work days during a given month, 2.) ride sharing for at least 60% of the commute distance, and 3.) ride sharing between the hours of 6 and 10 a.m., Monday through Thursday. 11 Fire Support MOU 2017-2019 P40 Individuals meeting the above qualifications shall earn $2.60 for every day that the employee ride shares, paid at the end of each quarter. § 10IRS 125 PLAN The District has established a Section 125 flexible spending account plan managed by a third party administrator that is open to voluntary participation ofmembers in the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees). §11 Voluntary Employee BenefitAssociation The District has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Employees are allowed a one time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to the schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made as District contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provisions. No employer contributions are to be made to the Plan. At the discretion of the Fire Support Services Association, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. ARTICLE III LEAVES §1 Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) Three (3) discretionary (floating) days may betaken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each fiscal year. 12 Fire Support MOU 2017-2019 P41 Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. B. Employees shall accrue holiday time as follows: Type of Per Maximum Accrual Holiday Annually Personnel 40 Hour Personnel 10 Hours 140 Hours 180 Hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either betaken as time off or be paid for by District. D. Effective pay period No. 1 of each fiscal year, holiday time shall be accrued by the employees within the pay period in which it occurs. 1. District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th specifying holiday balance and exercising the option to sell back. 2. Holidays may be used as scheduled time off with the approval of the supervisor. E. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. F. Any employee who is on vacation or sick leave when a holiday occurswill not have that holiday charged against his or her vacation or sick leave. G. Employees who are assigned to work on a holiday are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank. Compensation shall be determined by adding the employee's normal work schedule hours times the base rate of pay compensation for the holiday, plus compensation at time and one-half for hours actually worked. Payment at time and one-half abrogates the employee's right to that holiday. Exempt employees shall only be permitted to bank the holiday at time and one-half. §2 Holiday Facility Closure City and some Fire District facilities will observe a holiday closure beginning Monday, December 25, 2017, through Monday, January 1, 2018. In future years, certain City facilities may close in conjunction with the Christmas and New Year's holidays. Closure dates for City and some Fire District facilities shall be determined by the City in order to balance the impact on public services. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3 Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. 13 Fire Support MOU 2017-2019 P42 P43 B. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days -3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 400 6.593 11-14 years 188.58 hours 400 7.253 15-19 years 205.72 hours 400 7.912 20-24 years 222.86 hours 400 8.572 25+ years 240.00 hours 400 9.231 C. An employee who, as of July 1 of any given year, has completed 10, 15, 20 or 25 years of service shall receive a onetime credit of 10 hours, if a 40 hour employee. The employee shall, beginning the 11th, 16th, 21st and 25th year, accrue vacation at the appropriate pay period accrual rate. D. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to 1) schedule time off; or, 2) receive pay in lieu of time off so as to not exceed the maximum accrual. E. Any full-time employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. § 4 Sick Leave Sick leave shall be used in case of a bona fide illness of the employee upon approval and for necessary medical appointments. Sick leave may also be used for sickness, disability, pregnancy, childbirth, serious illness or emergency of his or her child, parent, spouse, or registered domestic partner, grandparent, grandchild and sibling, or any other member of the employee's immediate family as defined in the District Personnel Rules, who is incapacitated, and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the need for time off to care for a family member, said employee shall return to work as soon as possible. The employee must give the immediate supervisor or Fire Chief reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this provision without good reason, may result in the employee being treated as absent without leave. The maximum number of hours that may be used for sickness, disability, serious illness or emergency of his or her child, parent, spouse, or registered domestic partner, grandparent, grandchild, and sibling is equal to the employee's annual accrual. 14 Fire Support MOU 2017-2019 A. Full Time Employees 1. Sick leave is that amount of leave designated by District. 2. All employees shall be entitled to sick leave as follows: Annual Max. Personnel Monthly Accrual Accrual 40 hr Personnel 10 hours 120 hours No limit B. No employee shall be entitled to sick leave with paywhile absent from duty for the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. 2. Sickness or disability sustained while on leave of absence. C. Sick leave shall not be used in lieu of or in addition to vacation. D. Employees must provide a physician's certification for any sick leave absence that occurs after the employee has used 40 hours, or four days, whichever is greater, that involves the illness of the employee or family member. This requirement does not pertain to Personal Leave (see § 5) E. The Fire Chief may require medical certification that the employee is capable of and released to return to the performance of all duties of his/her position. F. In case of voluntary or involuntary termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall result in abrogation of all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. H. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Employees who, in the preceding calendar year, accrued 90 to 120 unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one- half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Employees who accrued 60 to 90 unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 15 Fire Support MOU 2017-2019 P44 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year inwhich the conversion is to be made. I. Upon the retirement of an employee, the employee may elect from one or more of the following options: • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CaIPERS service credit per Government Code Section 20965. • Apply the cash value of up to one hundred per cent (100%) of accumulated unused sick leave to the employee's VEBA account (if. enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. §5 Personal Leave A. The employee shall be granted one (1) day paid personal leave to attend the funeral of a close relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 2. The employee must return to duty within a reasonable time after the appearance. C. Personal leave will be charged against any timethe employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using thistime. § 6 Bereavement Leave A. 40 -hour Personnel In the event of a death in the employee's immediate family, theemployee shall be granted five (5) days paid bereavement leave. Immediate family is defined as: Spouse, registered domestic partner, parents, grandparents, children, grandchildren, brother, sister, stepparents, stepchildren, step grandchildren, and the employee's mother -in law, father -in- law, grandparents -in law, brother-in-law, sister-in-law, or a blood relative residing withthe employee. 8171 Fire Support MOU 2017-2019 16 P45 § 7 Compensatory Time A. FLSA exempt Management employees may earn compensatory time on a basis of one (1) hour worked equals one (1) hour of compensatory time. Compensatory time will not be granted for attendance at any regularly scheduled meetings ofthe Board of Directors, or any District Committee nor will compensatory time be granted for additional working time beyond the normal working day necessary for efficient and effective department operations, or to maintain good public relations. Any such time shall be considered a part of the normal duties of the position. B. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. C. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. D. The earning and accrual of compensatory time requiresthe approval ofthe employee's supervisor. § 8 Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with Districtwhile engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from servicewith the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the then present rules. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature while the returning employee resumes the position he or she previously held. 8171 Fire Support MOU 2017-2019 17 P46 § 9 Jury Duty A. Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continueto receive normal pay, provided he or she: 1. Notifies his or her supervisor, in advance, with adequate time remaining so that a relief may be obtained. 2. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. 3. Pay received for service while absent from District m ust be turned over to District; however, pay received while off duty may be kept by the employee. 4. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. §10 Hours of Vacation Buy -Back Each fiscal year, at the employee's written request, the District will "buy back" the total cash value of up to 100 hours of previous earned vacation leave. This buy back shall occur twice annually in a fiscal year, in November and April. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any paymentofvacation buy back time. §11 Civil Subooena/CriminalSubpoena A. Civil Subpoena When members of District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: 1. Personnel will be paid at their regular hourly rate while they are in court. 2. Districttransportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requiresthe employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 8171 Fire Support MOU 2017-2019 18 P47 B. Criminal Subpoena 1. Pursuant to California Penal Code 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court. 2. Districttransportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 4. A criminal subpoena need not have a court stamp affixed. §12 Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service of that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. §13 Natal and Adoption Leave A. Natal and Adoption Leave without Pay The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. 8171 Fire Support MOU 2017-2019 19 P48 B. Natal and Adoption Leave with Pay Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. § 14 Management Leave Exempt classifications shall be provided management leave in the amount of fifty (50) hours per fiscal year, which shall be credited to the employee at the start of pay period No. 1 of each fiscal year. Unused management leave in an amount not toexceed forty (40) hours, may be converted to cash at the employees then existing hourly rate, during the last payroll period commencing in June of each fiscal year. Management leave not utilized nor cashed out, shall not be carried over to any subsequent fiscal years. §15 Deferred Compensation A. Exempt classifications shall receive two (2) percent of monthly unadjusted base salary as a deferred compensation contribution to be paid by the District. B. Effective the first full pay period in July of 2017, the City will match up to $25 per pay period per employee for employees who contribute up to $25 into deferred compensation through payroll deductions. ARTICLE IV GRIEVANCE PROCEDURE § 1 Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders, and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performanceevaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which are not the result of transfer or reassignment, demotions, dismissal or any other actionwhich consists of a taking of property as said term is defined by the courts in the disciplinary context. (Reassignments and/or transfers that result in a loss ofcompensation shall not be deemed to be disciplinary actions.) §2 Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee -supervisor level, informally if possible, B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To providefor a two-way system of communication by making itpossiblefor levels of supervision to address problems, complaints, and questions raised by employees. 8171 Fire Support MOU 2017-2019 20 P49 F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3 General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal ofthe grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised ofthe nature and resolution ofthe grievance ifthe issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement ofthe representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on a timely basis. § 4 Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of the Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the substance of the informal grievance meeting. Failure bythe employee to advise the immediate supervisor of 8171 Fire Support MOU 2017-2019 21 P50 the grievable problem or complaint within seven (7) days of the date that the employee knew or should reasonably have known of the existence of the problem or complaint, shall constitute a waiver by the employee of the ability to utilize the grievance procedure. §5 Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, inwriting and signed, to his or her immediate supervisor within fifteen (15) days of the date that the employee knew or reasonably should have known of the events giving rise to the grievance. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievancefits within the definition of "grievance" as set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. Ifthe grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response ofthe employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1, above. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. C. Step 01 1. Ifthe grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The CEO may designate a representative to act in his or her stead. 2. Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the Fire Chief or designee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1 above. 3. After submission ofthewritten appeal,the CEO or designee shall reply in writing within fifteen (15) days, to the grievant regarding the grievance. The reasons for the decision will be included in the response. 8171 Fire Support MOU 2017-2019 22 P51 4. Section 1 PURPOSE defines a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, or this document. The decision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely basis. In the event that the CEO or designee determines that the employee's complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis, the CEO or designee shall advise the employee that the complaint is notgrievable and the grievance shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the complaint being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. D. Step IV 1. If a grievance is not resolved by the CEO or designee and is deemed "grievable" pursuant to these rules and regulations, (a defined grievance and/or timely) then within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal the matter byfilingwith the office of the CEO or his designee a written appeal to binding arbitration. Said appeal shall be timely only if itis received in the office of the CEO or designee not later than seven (7) days after service of the grievable decision by the CEO or designee. 2. The employee's appeal shall state with specificity the identification of the District Codes, resolutions, written rules or regulations or sections of this document which is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by the parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses 8171 Fire Support MOU 2017-2019 23 P52 attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shall be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. 10. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. 11. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12. The burdens of proof and production of evidence shall be borne bythe employee and shall be by a preponderance of the evidence. 13. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (1 oth) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. 14. The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. Not later than thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 16. The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINARY APPEAL §1 Purpose This article is intended to provide a fair, orderly, and due process compliant procedure whereby employees can seek review of disciplinary actions. Disciplinary actions shall be defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4) reduction in pay which is not the result of transfer or reassignment, 5) demotion, 6) dismissal. Transfers or reassignments resulting in a reduction in bonus or related compensation shall not be considered disciplinary action and shall not be subject to review pursuant to either this MOU or any other District rules, policies and regulations. Further, 8171 Fire Support MOU 2017-2019 24 P53 oral warnings and written reprimands shall not be subject to appeal beyond the level of the Fire Chief or designee as set forth below. Performance evaluation reports and/or the discharge of probationary employees shall not be subject to review pursuant to this Article. § 2 General Provisions A. Preparation of an appeal will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the appeal is being processed. C. Failure of the appellant to comply with time limitations specified in the appeal procedure shall constitute a withdrawal of the appeal, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the appellant to proceed to the next step inthe procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. Any period of time specified in this rule for the giving of notice or taking of any action excludes weekends and holidays. E. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. F. Neither a hearing officer nor the CEO shall have authority to determine if a matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise administratively prosecuted in a timely manner. § 3 Pre -Disciplinary Notice A. In those instances where a supervisor intends that a disciplinary action consisting of the loss of property (suspension, reduction, demotion or dismissal), the supervisor intending to issue said recommendation shall provide the affected employee with a written notice prior to imposition of any such disciplinary action. Said written notice shall at a minimum, consist of the following: 1. A statement of the disciplinary action that is being proposed. 2. The proposed date of imposition of said action. 3. A statement of the basis for said proposed action. 4. The Notice shall include as attachments, the materials upon which the proposed action is based (with the exception of the employee's personnel file, which need not be attached to the Notice). 5. A statement of the method for participating in a pre -disciplinary review of the proposed action. B. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action can be issued by either the Chief or his designee. C. Not later than five (5) days after being served with the Notice of Intended Disciplinary Action, the employee shall serve the Fire Chief or designee with a written 8171 Fire Support MOU 2017-2019 25 P54 request to convene such a meeting. The pre -disciplinary review meeting shall be conducted not later than five (5) days thereafter. The employee has the option of waiving participation in a pre -disciplinary review meeting, and instead may respond to the Notice of Intended Disciplinary Action in writing. If the employee so elects, the employee's substantive written response to the Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee within five (5) days of service of the Notice of Intended Disciplinary Action. D. The pre -disciplinary review meeting shall be a non -evidentiary, informal meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There shall be no subpoena power as regards said pre -disciplinary review meeting and there shall be no examination of witnesses. Rather, the purpose of the meeting isforthe subject employee to provide the Fire Chief or designee with an informal rebuttal to the findings and conclusions set forth by the Fire Chief or designee. E. If the employee does not elect to participate in a pre -disciplinary review meeting, then the Fire Chief or designee shall issue a Notice of Disciplinary Determination based upon a review of the Notice of Intended Disciplinary Action and the materials incorporated therein. F. Regardless of whether or not the Notice Intended Disciplinary Action is issued by the Chief or a designee, the Chief shall preside over any timely requested pre - disciplinary review proceeding and shall issue a determination either rejecting, modifying or sustaining the nature of the proposed action. However, the pre -disciplinary review proceeding shall not result in an increase in the severity of the proposed action without an amended Notice of Intended Action being first drafted and served and which so reflects the Fire Chiefs recommendation. G. The Fire Chief shall cause the Notice of his post -review determination to be served upon the employee and/or the employee's representative. H. The decision by the Fire Chief or designee shall address whether or notthe appeal of the employee is appealable pursuant to the definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's appeal is not defined as such by § 1 above and/or is not timely filed or otherwise administratively prosecuted in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not appealable and the appeal shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the matter being jurisdictionally appealable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. §4 Hearing Officer Anneal A. This Step III shall only be applicable to an appeal of disciplinary actions consisting of a deprivation of property (suspension, reduction, demotion or dismissal). B. If an appeal is not resolved by the Fire Chief following a pre -disciplinary review meeting, then within seven (7) days of service by the Fire Chief or designee of his decision, the employee may further appeal the matter by filing with the office of the Fire 8171 Fire Support MOU 2017-2019 26 P55 Chief or his designee awritten appeal to an advisory hearing officer. Said appeal shall be timely only if itis received inthe office ofthe Fire Chief or designee not laterthan seven (7) days after service ofthe appealable decision by the Fire Chief or designee. C. The employee's appeal shall state with specificity all allegations of facts and law upon which the appeal is based, and the specific relief sought. D. Within ten (10) days after receipt of a valid appeal, the Fire Chief or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) hearing officers for hearing of the appeal. The Fire Chief or designee shall direct that a copy of the list of hearing officers be sent to the employee and to the Fire Chief or designee, as well. E. Absent mutual selection of a hearing officer from either the submitted list or otherwise, the hearing officer shall be chosen by an initial flip ofthe coin, with the prevailing employee or Fire Chief/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining hearing officer candidate shall be deemed the appointed hearing officer. F. The hearing officer shall conduct the hearing at a time and place mutually agreed upon by the parties. G. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. H. All fees and expenses of the hearing officer shall be borne equally by the parties. I. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. J. The per diem fee of the shorthand reporter shall be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. K. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the hearing officer in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. Additionally, the Fire Chief or designee shall be specifically authorized to call the employee or any other individual as a witness during his case in chief or otherwise as the Fire Chief or designee may deem appropriate. L. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the hearing officer without corroboration. In general, the hearing officer shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. M. The burdens of proof and production of evidence shall be borne by the Fire Chief. The standard of proof shall be by a preponderance of the evidence. 8171 Fire Support MOU 2017-2019 27 P56 N. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (10th) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion ofwitness testimony and/or rejection of exhibits not designated in the submissions. 0. The hearing officer shall be empowered to issue subpoenas for the production of persons and documents. The hearing officer shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. P. Not later than thirty (30) days after closure of the record, the hearing officer shall render a written advisory opinion regarding the issues at dispute, and shall submitthe advisory opinion to the employee, to the Fire Chief and to the Chief Executive Officer ofthe District. § 5 CEO Decision A. Within thirty (30) days after receipt of the hearing officer's decision, the Chief Executive Officer shall advise the parties in writing pursuant to paragraph4, below, of whether or not the hearing officer's recommendation is adopted. If adopted, the Chief Executive Officer need not reviewtranscripts of the proceedings. Ifthe Chief Executive Officer adopts the hearing officer's recommendation, then it shall be considered a final determination. B. In the event that the Chief Executive Officer determines that the hearing officer's recommendation may be subject to rejection or modification, the Chief Executive Officer shall within thirty (30) days of receipt of the appeal so notify the parties and shall order a transcript of the proceedings before the hearing officer with copies to the employee and the Fire Chief. In such case, the cost of producing the transcript of the proceedings shall be borne equally bythe parties. Within thirty (30) days of service ofthetranscript, the employee and the Fire Chief may submit to the Chief Executive Officer, a written memorandum of points and authorities in support of their respective positions. C. Within thirty (30) days of receipt of the legal briefs, the Chief Executive Officer shall render a final determination either sustaining, modifying or rejecting the hearing officer's recommendation. The Chief Executive Officer's decision shall be submitted to the parties in writing and shall be final upon service being made by mail. D. Allowable judicial review of the Chief Executive Officer's decision shall be sought within the time constraints of CCP § 1094.6 (mandating that a petition for peremptory writ of mandate shall be filed not later than the ninetieth day following the date on which the Chief Executive Officer's decision is mailed by first-class mail, postage pre- paid, including a copy of the affidavit or certificate of mailing). 8171 Fire Support MOU 2017-2019 28 P57 ARTICLE VI SAFETY § 1 Compliance District and employees in Association shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2 NoDiscrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of 1 of this Article V. § 3 Safety Eauipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to ensure the safety of the employee or others, District agrees to furnish such equipment or gear. §4 Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5 Smoking Policy Members of Association agree to accept and comply with the District's Smoking Policy as written and approved by the Fire Chief. ARTICLE VII MANAGEMENT RIGHTS § 1 Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District; C. To determine the methods, means, and number of personnel needed to carry out District's mission; D. To direct the working forces; 8171 Fire Support MOU 2017-2019 29 P58 E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons, (Any provision within this MOU, City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry outthe mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; and, M. To establish work and productivity standards. §2 Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VIII EMPLOYEE RIGHTS § 1 Scope of Rights All employees shall have the following rights which may be exercised in accordance with State Law, applicable ordinances, rules and regulations: (a) The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. (b) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of an appointing authority, supervisor, other employees, or employee organizations as a result of their exercise of rights granted inthis Article. The provisions of Section 3500 et seq. of the Government Code are herby incorporated as such provisions may apply to employees within the Support Services Association. 30 Fire Support MOU 2017-2018 P59 ARTICLE IX MAINTENANCE OF BENEFITS All wages, hours and terms and conditions of employment specifically provided for in this memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE XI PROVISIONS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. Ifany part or provisions ofthis MOU is inconflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision ofthis MOU is suspended or superseded, the parties agree to re -open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. District and Association recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Association shall not be changed for the duration of this Agreement. ARTICLE XII TERM The term of this MOU shall commence on July 1, 2017 and will continue for a two year period, ending on June 30, 2019. ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU The parties agree that negotiation of a successor to this MOU shall commence not later September 1, 2018. 31 Fire Support MOU 2017-2018 P60 P61 EXHIBIT A FIRE SUPPORT SERVICES Communications Technician Emergency Management Coordinator Emergency Medical Services Administrator Fire Equipment Apprentice Mechanic Fire Equipment Lead Mechanic Fire Equipment Mechanic Fire Information Systems Technician Fire Prevention Specialist Inspection I Fire Prevention Specialist Inspection II Fire Prevention Supervisor Fire Shop Supervisor Maintenance Officer Management Aide Management Analyst I Management Analyst II Management Analyst III Office Services Clerk Office Specialist Office Specialist II Plans Examiner - Fire Public Education Specialist Secretary Senior Administrative Secretary Fire Clerk Fire Prevention Technician Quality Improvement Specialist Emergency Medical Services Quality Improvement Nurse Association District Date Date Kelley Donaldson Robert Neiuber Management Analyst I Human Resources Director Shane Adams Jenifer Phillips Fire Prevention Supervisor Human Resources Manager Caroline Cruz -Contreras Senior Accountant Lucy Alvarez -Nunez Management Analyst I Approved by action of the Board of Directors the day of , 2017 33 Fire Support MOU 2017-2019 P62 P63 DATE: TO: June 21, 2017 STAFF REPORT President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE MANAGEMENT EMPLOYEE GROUP FOR THE PERIOD OF 2017-2019 RECOMMENDATION: It is recommended that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt Resolution No.17-004 approving the Memorandum of Understanding between the District and the Fire Management Group relative to wages, benefits and other terms and conditions of employment for FY 2017-2018 and 2018-2019. BACKGROUND: Representatives of the District and Fire Management Employee Group (Group) have met and conferred in good faith and reached an agreement for a two (2) year labor contract for the period July 1, 2017 through June 30, 2019. During the negotiations of this MOU, the California Public Employees Retirement System (CaIPERS) Board approved lowering their assumed rate of return on investments. This decision will have the effect of increasing the amount the District must pay to cover retirement obligations. ANALYSIS: This new MOU was developed in mutual recognition of the current economic conditions in the State of California, the ongoing adjustments to CaIPERS, the ongoing fiscal challenges facing all local agencies, and prudent public policy, while balancing the need to maintain competitive compensation levels. Highlights of the new two-year agreement include an additional contribution of 1% per year paid by employees toward the cost of CaIPERS retirement benefits; a 2% cost of living increase each year during the 2 year term; an increase in uniform pay; changes to the language to address Affordable Care Act modifications that may occur during the term of the MOU; changes to the compensatory time accumulation limits; a reduction in District work related injury pay for non -safety personnel; and removal of the parity provision language from the MOU. FISCAL IMPACT: It is anticipated that the negotiated changes to the MOU and the increases to the CaIPERS retirement obligation costs as outlined above will have a total cost of $199,000 to the District over the two-year term of the MOU. Page 1 of 2 BOARD OF DIRECTORS STAFF REPORT FIRE MEG MOU JUNE 21, 2017 COUNCIL GOAL(S) ADDRESSED: PUBLIC SAFETY Approval of this MOU helps the District maintain and recruit well-trained, responsive and high performing employees who provide world-class service to the community. ATTACHMENTS: Attachment 1 - Resolution 17-004 Approving the 2017-2019 Fire Management Group MOU Page 2of2 P64 RESOLUTION NO. FD 17-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2017-2018 AND 2018-2019 P65 WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District (District) and the Fire Management Employees Group (Group) have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment; and WHEREAS, Representatives of the District and the Group have agreed upon and present to this Board a Memorandum of Understanding pertaining to the Group, effective July 1, 2017 specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that in all respects, as set forth in the Recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the Group for the period July 1, 2017 through June 30, 2019 and effective July 1, 2017 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this resolution. ATTACHMENT 1 P66 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP 2017-2019 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I RECOGNITION 1 ARTICLE II COMPENSATION 1 § 1 Salary Ranges 1 § 2 Salary Plan 2 A. Salary Ranges 2 B. Deferred Compensation 6 § 3 Work Periods and Overtime 6 A. Work Periods 6 B. Work Shifts 7 C. Flex Time 7 D. 4/10 Schedule 7 E. Overtime Pay 7 F. Call Back 8 §4 Uniform Allowance 8 §5 Employee Group Insurance 8 A. Health Insurance 9 B. Dental Insurance 9 C. Vision Insurance 9 D. Life Insurance 9 § 6 Education Incentive 10 § 7 Retirement Plan 10 A. Benefits: Safety Members 10 B. Benefits: Miscellaneous Members .13 §8Work Related Injuries 15 § 9Carpooling .16 § 10 IRS 125 Plan .16 § 11 Voluntary Employee Benefit Association 16 ARTICLE III LEAVES 17 § 1 Holidays .17 §2 Holiday Facility Closure 18 § 3 Vacation Leave 18 §4 Sick Leave 20 A. Full-time Employees .20 § 5 Conversion Factor 21 i Fire MEG 2017-19 P67 P68 §6 Personal Leave 22 §7 Bereavement Leave 22 A. 40 -hour Personnel 22 B. Shift Personnel 22 C. Immediate family is defined as: 23 § 8 Compensatory Time 23 § 9 Administrative Leave 23 § 10 Military Leave 23 § 11 Jury Duty 24 § 12 Civil Subpoena/Criminal Subpoena 24 A. Civil Subpoena 24 B. Criminal Subpoena 25 § 13 Leaves of Absence without Pay 25 § 14 Natal and Adoption Pay 26 ARTICLE IV GRIEVANCE PROCEDURE 26 § 1 Purpose 26 § 2 Objectives 26 § 3 General Provisions 27 § 4 Informal Grievance Procedure 28 § 5 Formal Grievance Procedure 28 A. Step I 28 B. Step II 28 C. Step III 29 D. Step N 29 ARTICLE V DISCIPLINE 31 ARTICLE VI SAFETY 31 § 1 Compliance 31 §2 No Discrimination 31 §3 Safety Equipment 31 §4 Employee Responsibility 31 § 5 Smoking Policy 31 ARTICLE VII MANAGEMENT RIGHTS 32 § 1 Scope of Rights 32 § 2 Emergency Conditions 32 ARTICLE VIII MAINTENANCE OF BENEFITS 33 Fire MEG 2017-19 P69 ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS 33 ARTICLE X PROVISIONS OF LAW 33 ARTICLE XI TERM 33 ARTICLE XII NEGOTIATION OF SUCCESSOR MOU 33 Fire MEG 2017-19 iii P70 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District" hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group (" Fire MEG" hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Fire MEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of the District, who are employed on a full-time basis. The classes represented include Fire Chief, Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal. B. Fire MEG represents the classification of Fire Chief. However, Fire Chief is an at - will position, not subject to Article IV or V of this MOU or the District's Personnel Rules. At -will positions may be terminated at any time with or without cause or notice at the will of the City Manager or Rancho Cucamonga Fire Protection District in its sole discretion and without any right due process or appeal right. Furthermore, the Fire Chief is precluded from acting as a Fire MEG representative or being a member of the Fire MEG Board. ARTICLE II COMPENSATION §1 Salary Ranges A. Effective the first full pay period in July of 2017 and July of 2018, all bargaining unit members shall receive a two (2%) percent cost of living salary adjustment. B. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of West Covina, Corona, Ontario, Riverside, Pasadena and Chino Valley Fire District. A survey of the identified labor market cities will be completed, reviewed by Fire MEG and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. The survey will be completed and available for review by District and Union no later than December 1 of the year priorto MOU expiration unless mutually agreed otherwise by the parties. Survey data will be those compensation amounts known and in effect as of the December 1 survey date. In the event a survey agency has a MOU that extends beyond the end of the fiscal year during which the survey is performed, the survey elements know and scheduled to be in force as of the following July will also be surveyed and reported by the December 1 date. Fire MEG 2017-19 C. Survey Elements 1. Top step base pay for Fire Chief, Deputy Fire Chief, and Battalion Chief. Fire Marshall Pay shall not be surveyed, but figured at 7.26% above each Battalion Chief step; 2. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"), employer contribution to PERS, net of any employee cost sharing; 3. Uniform pay; 4. Maximum employer contribution to medical, dental, vision, and long term disability plans for new employees; and 5. Any other incentive or premium that 50% or more of the individuals in a given classification at an agency are eligible to receive, if it is also provided by more than 50% of the survey agencies, exclusive of the District. An individual is "eligible to receive" an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is "eligible to receive" that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not eligible to receive the premium. In those instances, the stipends may be reviewed and discussed on an individual basis. D. Survey Procedures and Uses Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the classification and agency involved. Multi - tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi -tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C. 5 are met. For comparison purposes in determining a market average, the high and low agency (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement any salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post -employment benefit ("OPEB") costs play a significant factor in the ability of the District to implement any survey element. 2 Fire MEG 2017-19 P71 Survey Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each City): Chino Valley Fire District 7% City of West Covina Benefit X 3% or 5% City of Riverside Benefit X 5%, 10% or 15% City of Pasadena Benefit X 3% or 6% City of Ontario NIA _City_ of Corona Benefit X 2% 2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies that offer the benefit. 3. Average remaining three Cities [(W.0 5%+ Pasadena 6% + CVFD 7%)/ 3= 6%). 4. Thus Benefit X for market comparison purposes is assumed to be 6%. § 2 Salary Plan A. Salary Ranges Effective the July 1, 2017, "A" step will be removed from the salary range and all the ranges will be moved down by one. "B" step will become "A" step and the pay will remain at the current "B" step. No changes to the employees pay rates will result from these changes. The base salary for Fire Chief, Deputy Fire Chief shall consist of ranges having seven (7) steps, labeled A through G, with approximately five percent (5%) between each step. The base salary for Battalion Chief and Fire Marshall shall consist of ranges having six (6) steps, labeled A through F, with approximately five percent (5%) between each step. The salary for Fire Marshal shall be set at 7.26% above the 40 hour a week Fire Battalion Chief. Placement within the range shall be in accordance with the following: 1. Salary on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion oftwelve (12) month service intervals. 3 Fire MEG 2017-19 P72 b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after six (6) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals from the first merit salary review. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days the employee was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, ifthe employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or herforthe additional salary the employee would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any six (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess ofthe final step ofthe promotional class. Ifthe promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date ofthe promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: 4 Fire MEG 2017-19 P73 a. Disciplinary demotion - any designated salary step in the lower salary range which will result in the employee's receiving at least a five percent (5%) reduction in pay. b. Non -disciplinary demotion - that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step inthe salary range previously received and the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or Tess than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y -rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salarystep in the range of the class at which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class b. Work inthe higher class at leastfifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond 5 Fire MEG 2017-19 P74 fifteen (15) consecutive work days orfive (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 10. Salary on Change in Range Assignment When a class is reassignedtoeithera higherorlowersalary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. 11. Training Officer Assignment Pay When assigned on a 40 hour schedule as the Department Training Officer, the Battalion Chief shall receive additional compensation calculated as 7.26% of Step E of the 40 hour Battalion Chief salary. This compensation shall be in addition to the regular compensation paid to the employee. Training Officer assignment is only for safety employees performing as the Training Officer at 7.26% of the step the employee is currently earning. 12. Bi-Linqual Compensation Bargaining Unit members who qualify for bi-lingual pay shall be compensated at the rate of seventy-five dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages. B. Deferred Compensation A District -paid contribution to Deferred Compensation Plan shall be provided as a percentage of monthly base salary as -follows: Fire Chief 6% Deputy Fire Chief 4% Battalion Chief and Fire Marshal 2% §3 Work Periods and Overtime A. Work Periods 1. Employees assigned to 24 hour shifts shall work a Kelly Schedule that consists of a 24 day rotation pursuant to section 207 (k) of the Fair Labor Standards Act (FLSA) as follows: SUN MON TUES WED THURS FRI SAT On Off On Off On Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 2. The pay period for shift personnel is fourteen (14) days overtime is paid for time worked in excess of one hundred six (106) hours in the pay period. 3. The work period for forty (40) hour personnel is seven (7) days with overtime for non-exempt employees being time worked in excess of forty (40) hours in the period. 6 Fire MEG 2017-19 P75 B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day. 2. Personnel assigned to a forty (40) hour schedule shall work Monday through Thursday from 0700 to 1800 (inclusive of paid breaks and an unpaid sixty (60) minute meal period. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the District or the desires of the concerned employee(s) (see item 3.) 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half (1.5) for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that the needs of the District, as determined by the District, will take precedence over employee preferences. cause. 4. The District will not affect schedule changes but for good and sufficient 5. Management employees shall be allowed to work a flexible work week upon the approval of their supervisor. D. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their normally assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. E. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time and one-half (1.5) rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 4. For the purpose of this section, work time shall not include traveling to or from the normal work site. 5. All non-exempt full-time employees who are called back to work from off- duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for any 7 Fire MEG 2017-19 P76 hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half (1/2) hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent in traveling to and from the work site shall be compensated in accordance with FLSA. Employees required (held over) to work more than (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the district. 6. The Deputy Chiefwill be paid an amount equal to State and/or Federal reimbursements received bythe Districtforthework performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a management capacity consistent with their normal position under the Fair Labor Standards Act. The requisite amounts equal to the time worked beyond the normal forty (40) hour work week will be paid to the Deputy Chief during the pay period in which the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to use accrued vacation leave. F. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum inthe event of an extended work day or when the employee begins his or her regular work shift before the normal starting time. §4 Uniform Allowance A. The District will provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. The value of these initial uniforms provided shall be reported to CaIPERS as compensation in accordance with applicable CaIPERS requirements. Suppression members must buy their own Class A uniforms at the completion of probation. B. The District stipulates that its goal on Uniform Allowance is to provide for the purchase of uniform articles as specified in the District's rules and regulations, to a maximum of $1,500 Annually per employee for the purchase of four (4) uniforms to start. The Uniform Allowance will be paidconcurrent with the first full pay period after the beginning of the new fiscal year, in a separate check from the regular paycheck. §5 Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 8 Fire MEG 2017-19 P77 2. District will provide fully paid employee and family health insurance for all full time continuous and retired employees who were hired before November 17, 1994. 3. District will provide fully paid employee and family health insurance for all continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan which is made available to affected employees and which is offered by the Public Employees Medical and Hospital Care Program. As of March 5, 2014, the parties understand that PEMHCA is addressing the implications of the Affordable Care Act, and as a result may begin to offer a low-cost health insurance plan with reduced benefits to enrollees. The parties agree to reopen this provision of the MOU for discussion if in any given year PEMHCA's rate for its lowest cost, fully paid insurance plan has a premium that is at least 15% less than the lowest cost plan offered in the prior calendar year. A failure to agree upon the resolution of this issue shall not be subject to resolution by fact finding or any other impasse resolution procedure. 4. All full-time continuous employees hired after November 17, 1994, who want to maintain medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement, shall be responsible for paying their own premiums. 5. Upon the written request of the employee, along with verification that their spouse and/or family can provide full health insurance, cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees with dependents, may be provided to the employee. Selection of compensation shall beat the employee's discretion. The employee may reenter the District's health plan at anytime. 6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or the statutory scheme that may result from an interpretation of the ACA and in order to avoid penalties or taxes under the ACA or other stature scheme by the Internal Revenue Service or other Federal Agency (including, but not limited to, a revenue ruling, regulation, or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the District provides for employee health coverage. B. Dental lnsurance District shall provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full time continuous employees with a maximum payment not to exceed $22.25 a month. Employees agree to contribute 0.02% of their salary adjustment to fund their contribution of $2.00 a month for vision insurance. The above amount of $22.25 includes the employees' contribution. The employee shall pay the cost of vision insurance in excess of $22.25. In the event that vision insurance premiums exceed $22.25 during the term ofthe contract, the District shall provide advanced notice to the representatives, if possible, at least thirty (30) days. 9 Fire MEG 2017-19 P78 D. Life Insurance District shall provide a fully paid $50,000 life insurance policy for all Fire MEG members. §6 Education Incentive The District shall provide to employees an educational incentive equal to the following: Bachelor of Arts/Bachelor of Science or Fire Officer Certification = $317/month Master of Arts/Master of Science or Chief Officer Certification = $475/month Eligibility for the above mentioned education incentive requires proof of graduation and receipt of degree from a college or university that is accredited by a national recognized accrediting agency approved by the United States Secretary of Education and found on the United States Department of Education website. Compliance with the Fire Officer/Chief Officer certification requires proof of satisfactory completion (C or better or "pass" in a pass/fail class) of all required classes for the Certification Track currently authorized and approved by the California State Fire Marshall for Fire Officer or Chief Officer. Degrees earned online shall be accompanied by a declaration under penalty of perjury that the subject employee personally performed all requirements for issuance of the degree. The Fire Chiefs determination regarding eligibility for an education incentive shall be final. The Fire Chiefs determination regarding eligibility for an education incentive shall be final. The above mentioned education incentives shall be non -cumulative, meaning that an employee who meets the highest recognized education incentive, which would be the Master of Arts/Master of Science or Chief Officer Certification, shall receive only one incentive pay regardless of whether they have also met the lower recognized education incentive also. Neither shall an employee receive education incentive pay for both a degree and a certification. §7 Retirement Plan A. Benefits: Safety Members District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 1. Employees hired prior to July 9, 2011: §21362.2 3% at 50 Full Formula § 21574 4th Level 1959 Survivor §20042 1 Year Final Compensation District pays and reports 9% normal PERS member contributions by Resolution. Beginning the first full pay period in July 2016, employees hired prior to July 9, 2011, shall pay a total of five (5%) percentage points of the normal CaIPERS employer contribution. In addition to the five percentage points (5%) as outlined above, employees hired prior to July 9, 2011, shall contribute towards the employer share of CaIPERS in accordance with the following schedule: 10 Fire MEG 2017-19 P79 • Beginning the first full pay period in July 2017, employees hired prior to July 9, 2011, shall pay one percentage point (1%) in addition to the five percentage (5%) points outlined above, for a total of six (6%) percentage points of the normal CaIPERS employer contribution. • Beginning the first full pay period in July 2018, employees hired prior to July 9, 2011, shall pay one percentage point (1 %) in addition to the six percentage (6%) points outlined above, for a total of seven (7%) percentage points of the normal CaIPERS employer contribution. Beginning the first full pay period in July 2016, employees in the Fire Chief position, hired prior to July 1, 2011, shall pay a total of eight (8%) percentage points of the normal CaIPERS employer contribution. In addition to the eight percentage point (8%) as outlined above, employees in the Fire Chief position, hired prior to July 1, 2011, shall contribute toward the employer share of CaIPERS in accordance with the following schedule: • Effective July 1, 2017: An additional 1% of pay towards the CaIPERS employer contribution, for a total of nine (9%) percentage points of the normal CaIPERS employer contribution. • Effective July 1, 2018: An additional 1% of pay toward CaIPERS employer contribution, for a total of ten (10%) percentage points of the normal CaIPERS employer contribution. 1. Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1,2013: §21363.3 § 21574 § 20037 3%@55 Full Formula 4th Level 1959 Survivor 3Year Final Compensation District pays and reports 8% normal PERS member contributions; employee pays 1% of the member contribution by resolution. The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). Beginning the first full pay period in July 2016, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay four percentage points (4%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2017, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay five percentage points (5%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution. 11 Fire MEG 2017-19 P80 Beginning the first full pay period in July 2018, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay six percentage points (6%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2016, employees in the Fire Chief position, hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay seven percentage points (7%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2017, employees in the Fire Chief position, hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay eight percentage points (8%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2018, employees in the Fire Chief position, hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay nine percentage points (9%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution 2. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CaIPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CaIPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by CaIPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (ie, full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee's Pension Reform Act of 2013 ("PEPRA"). 12 Fire MEG 2017-19 P81 The District pays EPMC for the various "Tiers" as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title2 CCR, Section 571 (a)(1)(F) as Value of Employer -Paid Member Contributions. The parties also agree that the District has no additional obligation or costs should CaIPERS, the State or the IRS determine otherwise. The District adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). There shall be no sunset date to any provision in Article II Section 7 Retirement Plan. B. Benefits: Miscellaneous Members District is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under the District's Plan are paid by the District. Present benefits for miscellaneous employees include the following: 1. Employees hired prior to July 9, 2011: § 21354.4 2.5%@55 Full Formula §21574 4th Level 1959 Survivor §20042 1 Year FinalCompensation District pays and reports 8% normal PERS member contributions by resolution. Employees hired prior to July 9, 2011, will contribute toward the employer share of CaIPERS in accordance with the following schedule: Effective July 1, 2015: Total of 3% of pay toward employer share Beginning the first full pay period in July 2017, employees hired prior to July 1, 2011, shall pay one percentage point (1%) in addition to the three percentage (3%) points outlined above, for a total of four (4%) percentage points of the normal CaIPERS employer contribution. Beginning the first full pay period in July 2018, employees hired prior to July 1, 2011, shall pay one percentage point (1 %) in addition to the 4 percentage (4%) points outlined above, for a total of five (5%) percentage points of the normal CaIPERS employer contribution. The District will adopt a resolution providing that all employee CaIPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: Sec. 20691 Employer Payment of Member Contributions (based on hire date) 13 Fire MEG 2017-19 P82 • Sec. 20636 (c) (4) Reporting of Employer -Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 2. Employees hired on or after 7/9/11 and through 12/31/12 and Classic PERS members. as defined by PERS. who are hired on or atter January 1,2013: §21354 2%@55 Full Formula §21574 4th Level 1959 Survivor §20037 3 Year Final Compensation District pays and reports 6% normal PERS member contributions; employee pays 1% of the member contribution by resolution. The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre- tax basis per IRC 414(h)(2). In addition to the member contribution of 1% in accordance with the preceding paragraph, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, will contribute toward the employer share of CaIPERS in accordance with the following schedule: • Effective July 1, 2015: Total of 2% of pay toward employer share Beginning the first full pay period in July 2017, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay one percentage point (1%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution outlined above, for a total of three (3%) percentage points of the normal CaIPERS employer contribution. Beginning the first full pay period in July 2018, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay one percentage point (1%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution outlined above, for a total of four (4%) percentage points of the normal CaIPERS employer contribution. The District will adopt a resolution providing that all employee CaIPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636 (c) (4) Reporting of Employer -Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 14 Fire MEG 2017-19 P83 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CaIPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2% at 62 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CaIPERS. As of the effective date of this MOU, the required employee contribution for new members is 6.5% of reportable compensation. This amount will be adjusted periodically by CaIPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. PARS The Supplemental Benefit through PARS Phase II Retirement System is provided to all miscellaneous employees hired by December 31, 2012. 5. The following benefit is available to safety personnel at employee cost: §20930.3 Military Service as Public Service §8 Work Related Injuries Safety Employees are entitled to full salary and benefits for up to one (1) year, when they sustain an on-the-job work related injury (see California Labor Code § 4850 for provisions). 4850 covers only safety personnel. Temporary disability payments received during any injury period shall be returned to District. Any Miscellaneous (Non -Safety) employee within the bargaining unit covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such District position, shall receive from the District during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the employee's full salary. Such payments by the District should be made without any deduction from accrued sick leave benefits. The District's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. 15 Fire MEG 2017-19 P84 § 9 Carpooling Those employees participating in a carpool during going to and coming from their residence and work site, shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "ride share application agreement." Eligibility for ride share -related benefits is conditioned upon: 1. Each affected regular and full time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for ride share benefits shall be conditioned upon 1)the regular and full time employee so participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m., Monday through Thursday. Individuals meeting the above qualifications shall earn $2 for every daythatthe employee ride shares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10 IRS 125 Plan A. City shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall only be usedforthe purpose of paying the difference between the amount of District funded premiums for District -provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District -provided plans. B. The Districtagreesto providetechnical assistance (such as automatic payroll deduction, etc.) inthe eventemployees decideto expand this benefitfrom a "premium only plan" to a "flexible spending account" provided that those participating pay all costs incurred in expanding and maintaining this program. § 11 Voluntary Employee Benefit Association The City has established aVoluntary Employee BenefitAssociation (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees are allowed a one time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made -as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. No employer contributions are to be made to the Plan. At the discretion of the 16 Fire MEG 2017-19 P85 Association, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. ARTICLE III LEAVES § 1 Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) Three (3) additional discretionary (floating) days may be taken by an employee at their convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each fiscal year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel July 4 Independence Day September Labor Day (1st Monday) September 9 Admissions Day October 12 Columbus Day November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Year's Day January 18 Martin Luther King's Birthday February 12 Lincoln's Birthday February 22 Washington's Birthday May Memorial Day (last Monday) 17 Fire MEG 2017-19 P86 B. Employees shall accrue holiday time as follows: Type of Per Maximum Accrual Holiday Annually Personnel Shift Personnel 12 hours 168 hours 216 hours 40 Hour Personnel 10 hours 140 hours 180 hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either betaken as time off or be paid for by District. D. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. E. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. F. District will buy back all or part of accrued holiday time at the then current hourly rate to be paid out in the pay period prior to Thanksgiving, if a request is made in writing and received by payroll three weeks prior to the payout pay period specifying holiday balance and exercising the option to sell back. G. Holidays may be used as scheduled time off with the approval of the supervisor. H. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. I. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40 - hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half (1.5) for the number of hours actually worked that day. §2 Holiday Facility Closure Certain City Facilities may close each year in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined bythe City in order to balance the impact on public services. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3 Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. 18 Fire MEG 2017-19 P87 All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour Personnel Years of Completed Service 30 days -3 years 4-7 years 8-10 years 11-14 years 15-19 years 20-24 years 25+ years Years of Completed Service 30 days -3 years 4-7 years 8-10 years 11-14 years 15-19 years 20-24 years 25+ years Annual Accrual 85.72 hours 128.57 hours 171.43 hours 188.58 hours 205.72 hours 222.86 hours 240.00 hours Shift Personnel Annual Accrual 120 hrs / 5 shifts 180 hrs / 7.5 shifts 240 hrs / 10 shifts 264 hrs / 11 shifts 288 hrs / 12 shifts 312 hrs / 13 shifts 336 hrs/ 14 shifts Maximum Accrual 192.0 272.0 353.0 353.0 353.0 353.0 353.0 Maximum Accrual 288.0 408.0 528.0 528.0 528.0 528.0 528.0 Pay Period Accrual Rates 3.297 4.945 6.593 7.253 7.912 8.572 9.231 Pay Period Accrual Rates 4.615 6.923 9.231 10.154 11.077 12.002 12.923 B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee; or receive 10 hours, if a 40 hour employee. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any full-time employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996 are allowed to include prior years of all fire service employment. F. Each fiscal year, at the employee's written request, the District will "buy back" the total cash value of up to 100 hours of previous earned vacation leave. This buy back shall occur twice annually in a fiscal year, in November and April. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. 19 Fire MEG 2017-19 P88 §4 Sick Leave Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling, or any other member of the employee's immediate family as defined by District Personnel Rules, which is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the need for time off to care for a family member, said employee shall return to work as soon as possible. The employee must give the immediate supervisor or Fire Chief reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this provision without good reason, may result in the employee being treated as absent without leave. The maximum number of hours that may be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling is equal to the employee's annual accrual. A. Full-time Employees 1. All employees shall be accruing sick leave as follows: Personnel Monthly Annual Max. Accrual Accrual 40 hr Personnel 10 hours 120 hours No limit Shift Personnel 12 hours (1/2shift) 144 hours (6shifts) No limit B. No employee shall be entitled to sick leave with pay while absent from duty for the following causes: A. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. B. Sickness or disability sustained while on leave of absence. C. Except as specified in "G" below, sick leave shall not be used in lieu of or in addition to vacation. D. Employees must provide a physician's certification upon for any sick leave absence that occurs after the employee has used 40 hours or 4 shifts for 40 hour personnel, whichever is greater, or 96 hours for 56 hour personnel, that involves the illness of the employee or family member. This requirement does not pertain to Personal Leave (see § 6). E. The fire Chief may require medical certification that the employee is capable of and released to return to the performance of all the duties of his/her position. F. In case of voluntary or involuntary termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds, shall 20 Fire MEG 2017-19 P89 P90 result in abrogation of all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. H. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40 -hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Employees who have accrued 72 to 108 (60 to 90 for 40 -hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. I. Upon the retirement of an employee, the employee may elect from one or more of the following options: • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CaIPERS service credit per Government Code Section 20965. • Apply the cash value of up to one hundred per cent (100%) of accumulated unused sick leave to the employee's VEBA account (if enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. §5 Conversion Factor The factor used to convert the accruals for forty (40) hour perweek employees to fifty- six (56) hour per week employees will be: Vacation, holiday, and sick leave -work week basis: Vacatinn an Hntir 5F Hnur Conversion Factor 30 days -3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11 - 19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holiday 140 168 1.5 Sick 120 144 1.5 Fire MEG 2017-19 21 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1.5 (factor) = 708 hours total Note: If an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. §6 Personal Leave A. The employee shall be granted one (1) day paid personal leave, in addition to the normal leave accrual, to attend the funeral of a relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 4. He or she notifies his or her supervisor with adequate advance notice so that a relief may be obtained. 5. The employee must return to work within a reasonable time after the Appearance. C. Personal leave will be charged against any leave account in which the employee has accrued an appropriate balance, such as sick leave, vacation, or compensatory time. It is the employee's option which account is to be charged. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and requires prior approval by their supervisor. §7 Bereavement Leave A. 40 -hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted Five (5) days paid bereavement leave. Shift Personnel Inthe event of a death in the employee's immediate family, the employee shall be granted three (3) shifts paid bereavement leave. 22 Fire MEG 2017-19 P91 B. Immediate family is defined as: Spouse, children, stepchildren, parents, stepfather, stepmother, brother, sister, grandfather, grandmother, grandchild, and the employee's mother -in law, father-in- law or grandparents -in law. §8 Compensatory Time 1. In lieu of overtime pay, those employees assigned to afire suppression 24 hour shift, at the employee's option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one half hours for each overtime hour worked. An employee may accumulate a maximum of 144 hours of CTO. Once an employee accumulates 144 hours of CTO, any additional overtime hours will be paid to the employee at his or her regular overtime rate of pay in the period earned. A. In addition, all hours remaining in a represented employee's CTO accrual "bank" will be paid to the employee at the employee's regular rate of pay at the end of the fiscal year in July and at the "HolidayNacation/Compensation Time" buy back period in November and the balance in the CTO accounts will be reduced to zero hours. However, upon the request of the employee, the employee may carry over some CTO balance as long as it is used by the last pay period in July. B. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. C. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. §9 Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave each fiscal year as follows: Fire Marshal 50 hours Deputy Fire Chief 75 hours Fire Chief 100 hours Unused administrative leave, to a maximum of forty (40) hours in June of each fiscal year may be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried over beyond the year in which it was earned. §10 Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged inthe performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this 23 Fire MEG 2017-19 P92 leave. Any employee with less than one (1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for active service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from servicewiththe armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period atthetime of military leave shall, upon return, complete the remaining portion of the probationary period according to the rules in effect at the start of military leave. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature when the returning employee resumes the position he or she previously held. §11 Jury Duty Any member of the District who is called or required to serve as a trial juror may be absent from duty with the District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or hersupervisor in advance, with adequatetime remaining so that a relief may be obtained. B. Returned to work within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. C. Pay received for service while absent from the District must be surrendered to the District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. §12 Civil Subpoena/Criminal Subpoena A. Civil Subpoena 1. When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: a. Personnel will be paid at their regular hourly ratewhilethey are in court. 24 Fire MEG 2017-19 P93 b. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed bythe District at the prevailing mileage rate. c. Ifthe employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. B. Criminal Subpoena 1. Pursuant to California Penal Code § 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid atthe regular hourly rate while in court. 2. District transportation will be provided hen available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. Ifthe employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 4. A criminal subpoena need not have a court stamp affixed. §13 Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service by that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break inserviceoremployment. Du ring these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range or for the purposes of seniority. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. Fire MEG 2017-19 25 P94 §14 Natal and Adoption Pav A. Natal and Adoption Leave with Pav Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of the two paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond these initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave without Pay The district shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep coverage in force during the leave of absence. ARTICLE IVGRIEVANCE PROCEDURE § 1 Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders, and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which arenot the result of transfer or reassignment, demotions, dismissal or any other action which consists of a taking of property as said term is defined by the courts in the disciplinary context (Reassignments and/or transfers that result in a loss of compensation shall not be deemed to be disciplinary actions.) possible. §2 Objectives The grievance procedure isestablished to accomplish the following objectives: A. To settle disagreements at the employee -supervisor level, informally if B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provideforatwo-waysystem ofcommunication bymaking it possible for levels of supervision to address problems, complaints, and questions raised byemployees. 26 Fire MEG 2017-19 P95 F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3 General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution ofthe grievance ifthe issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement ofthe representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on a timely basis. Fire MEG 2017-19 27 P96 §4 Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of the Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the substance of the informal grievance meeting. Failure bythe employee to advise the immediate supervisor of the grievable problem or complaint within seven (7) days of the date that the employee knew or should reasonably have known of the existence of the problem or complaint, shall constitute a waiver by the employee of the ability to utilize the grievance procedure. § 5 Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within fifteen (15) days of the date that the employee knew or reasonably should have known of the events giving rise to the grievance. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievance fits within the definition of "grievance" as set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within ten (10) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. Ifthe grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1, above. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. 28 Fire MEG 2017-19 P97 C. Step III 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The CEO may designate a representative to act in his or her stead. 2. Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the Fire Chief or designee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1 above. 3. After submission of the written appeal, the CEO or designee shall reply in writingwithin fifteen (15)days, to the grievant regarding the grievance. The reasons for the decision will be included in the response. 4. Section 1 PURPOSE defines a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, orthisdocument. The decision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely basis. In the event that the CEO or designee determines that the employee's complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis, the CEO or designee shall advise the employee that the complaint is not grievable and the grievance shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the complaint being jurisdictionally grievable pursuant to the definitions set forth in §1 above and/or pursuant to requirements of timeliness. D. Step IV 1. If a grievance is not resolved by the CEO or designee and is deemed "grievable" pursuant to these rules and regulations, (a defined grievance and/or timely) then within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal the matter by filing with the office of the CEO or his designee a written appeal to binding arbitration. Said appeal shall be timely only if it is received in the office of the CEO or designee not later than seven (7) days after service of the grievable decision by the CEO or designee. 2. The employee's appeal shall state with specificity the identification of the District Codes, resolutions, written rules or regulations or sections of this document which is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 29 Fire MEG 2017-19 P98 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by the parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shall be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. 10. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. 11. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12. The burdens of proof and production of evidence shall be borne by the employee and shall be by a preponderance of the evidence. 13. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call atthe hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (10th) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits notdesignated inthe submissions. 14. The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. Not later than thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 30 Fire MEG 2017-19 P99 16. The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XXIV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights. ARTICLE VI SAFETY § 1 Compliance District and employees shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2 No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of § 1 of this Article VI. § 3 Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, District agrees to furnish such equipment or gear. §4 Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5 Smoking Policy Employees have agreed to accept and abide bythe District "Smoking Policy", as written and approved by the Chief. Fire MEG 2017-19 31 P100 ARTICLE VII MANAGEMENT RIGHTS § 1 Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District; C. To determine the methods, means, and number of personnel needed to carry out District's mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons, (any provision within this MOU, City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared bythe Board of Directors or Fire Chief; L. To schedule and assign work; and, M. To establish work and productivity standards. § 2 Emergency Conditions Ifinthe sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be suspended during the time ofthe declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 32 Fire MEG 2017-19 P101 ARTICLE VIII MAINTENANCE OF BENEFITS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article shall not be interpreted as affecting any other rights or obligations the respective parties have under § 3500, et. seq., of the California Government Code. ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE X PROVISIONS OF LAW A. It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re -open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. B. The District and Fire MEG recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to Fire MEG shall not be changed for the duration of this MOU. ARTICLE XI TERM The term of this MOU shall run from July 1, 2017 through and including 11:59 p.m. on June 30, 2019. ARTICLE XII NEGOTIATION OF SUCCESSOR MOU In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about September 1, 2018. Fire MEG 2017-19 33 P102 Fire MEG District Date Date Cheryl Roberts Battalion Chief Robert Neiuber Human Resources Director Don Cloughesy Jenifer Phillips Deputy Fire Chief Human Resources Manager Ron Seymour Caroline Cruz -Contreras Fire Battalion Chief Senior Accountant Lucy Alvarez -Nunez Management Analyst I Approved by action of the Board of Directors the day of , 2017 34 Fire MEG 2017-19 P103 DATE: TO: RANCHO CUCAMONGA FIRE DISTRICT STAFF REPORT June 21, 2017 President and Members of the Board of Directors John R. Gillison, City Manager FROM: Lori Sassoon, Deputy City Manager/Administrative Services INITIATED BY: Robert Neiuber, Human Resources Director P104 cep cUCA4yo •• ��o FIRE SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING FIRE DISTRICT SALARY SCHEDULES FOR FISCAL YEAR 2017-18 RECOMMENDATION: It is recommended that the Fire Board of the Rancho Cucamonga Fire Protection District adopt the Resolution No.17-007 approving the Fiscal Year 2017-18 salary schedules for job classifications employed by the Fire District. BACKGROUND: The Fire Board traditionally adopts salary resolutions biannually for those classifications employed by the Fire District. These resolutions are updated to reflect changes in salaries, additions, and deletions of classifications, changes in job titles and other terms of employment. The resolution adopts the changes previously approved of in the Memorandums of Understanding (MOU) for the Fire Union, Fire Support Services and Fire Management Employee Group. ANALYSIS: The Fire Protection District considers salary schedules twice a year. Updates are based on negotiated and agreed upon changes previously approved by the Fire District. COUNCIL GOAL(S) ADDRESSED: Not Applicable. FISCAL IMPACT: None. Adjustments to the salary ranges and their fiscal impacts were considered previously by the Fire District. ATTACHMENTS: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Attachment 5 - Resolution No. FD 17-007 Approving the Fire District Salary Schedules for FY 2017-2018 Salary Schedule for Fire Management Group Classifications Salary Schedule for Fire Union Job Classifications Salary Schedule for Fire Support Services Association Job Classifications Salary Schedule for Fire District Part -Time Job Classifications Page 1 of 1 P105 RESOLUTION NO. FD 17-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARY SCHEDULES FOR FISCAL YEAR 2017-18 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedules for the Fire Union, Fire Management Employees Group, Fire Support Services Association, and Part -Time Fire District positions (Attachments 1-4) effective July 1, 2017. PASSED, APPROVED AND ADOPTED this 21st day of June, 2017. P106 Resolution No. FD 17-007 FIRE UNION ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES July 1, 2017 A B C D E F G FIRE CAPTAIN 28.19 29.60 31.08 32.63 34.27 35.98 37.78 Hourly 3,157.42 3,315.29 3,481.05 3,655.11 3,837.86 4,029.76 4,231.24 Bi -Weekly 6,841.07 7,183.13 7,542.28 7,919.40 8,315.37 8,731.14 9,167.69 Monthly FIRE CAPTAIN 28.19 29.60 31.08 32.63 34.27 35.98 37.78 Hourly SPECIALIST 3,157.42 3,315.29 3,481.05 3,655.11 3,837.86 4,029.76 4,231.24 Bi -Weekly 6,841.07 7,183.13 7,542.28 7,919.40 8,315.37 8,731.14 9,167.69 Monthly FIRE ENGINEER 24.03 25.23 26.49 27.82 29.21 30.67 32.20 Hourly 2,691.29 2,825.86 2,967.15 3,115.50 3,271.28 3,434.85 3,606.59 Bi -Weekly 5,831.13 6,122.69 6,428.82 6,750.26 7,087.78 7,442.17 7,814.28 Monthly FIREFIGHTER 21.00 22.05 23.15 24.31 25.53 26.80 28.14 Hourly 2,352.12 2,469.73 2,593.21 2,722.87 2,859.02 3,001.97 3,152.07 Bi -Weekly 5,096.26 5,351.08 5,618.63 5,899.56 6,194.55 6,504.27 6,829.49 Monthly FIRE INSPECTOR 24.03 25.23 26.49 27.82 29.21 30.67 32.20 Hourly 2,691.29 2,825.86 2,967.15 3,115.50 3,271.28 3,434.85 3,606.59 Bi -Weekly 5,831.13 6,122.69 6,428.82 6,750.26 7,087.78 7,442.17 7,814.28 Monthly FIELD TRAINING OFFICER 28.19 29.60 31.08 32.63 34.27 35.98 37.78 Hourly 3,157.42 3,315.29 3,481.05 3,655.11 3,837.86 4,029.76 4,231.24 Bi -Weekly 6,841.07 7,183.13 7,542.28 7,919.40 8,315.37 8,731.14 9,167.69 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E) 1.46 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 163.56 163.56 163.56 163.56 163.56 163.56 163.56 Bi -Weekly 354.39 354.39 354.39 354.39 354.39 354.39 354.39 Monthly PARAMEDIC STIPEND (13.92% of Fire Enqr. Step E2 4.07 4.07 4.07 4.07 4.07 4.07 4.07 Hourly 455.36 455.36 455.36 455.36 455.36 455.36 455.36 Bi -Weekly 986.62 986.62 986.62 986.62 986.62 986.62 986.62 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) 3.19 3.19 3.19 3.19 3.19 3.19 3.19 Hourly 356.92 356.92 356.92 356.92 356.92 356.92 356.92 Bi -Weekly 773.33 773.33 773.33 773.33 773.33 773.33 773.33 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Enqr. Step E) 1.46 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 163.56 163.56 163.56 163.56 163.56 163.56 163.56 Bi -Weekly 354.39 354.39 354.39 354.39 354.39 354.39 354.39 Monthly TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Enqr. Step E) 0.73 0.73 0.73 0.73 0.73 0.73 0.73 Hourly 81.78 81.78 81.78 81.78 81.78 81.78 81.78 Bi -Weekly 177.19 177.19 177.19 177.19 177.19 177.19 177.19 Monthly BA, BS, or Fire Officer Certification 1.31 1.31 1.31 1.31 1.31 1.31 1.31 Hourly 146.31 146.31 146.31 146.31 146.31 146.31 146.31 Bi -Weekly 317.00 317.00 317.00 317.00 317.00 317.00 317.00 Monthly MA, MS or Chief Officer Certification 1.96 1.96 1.96 1.96 1.96 1.96 1.96 Hourly 219.23 219.23 219.23 219.23 219.23 219.23 219.23 Bi -Weekly 475.00 475.00 475.00 475.00 475.00 475.00 475.00 Monthly Attachment 2 Resolution No. FD 17-007 a 0 cc co >- 0 I W W 0 W L— Z CW W 0 Q Z CQ W CC L{. SALARY SCHEDULE AS OF JULY 1, 2017 11. W U T -c O 2 co 0) O LO >, a) .c • >" N Y T N L U) O O) nco d N 0) co N O) O O N Q) r• r 0) LO N CO N t` CO 0) CO CO • cci CO' T' O O 4 O O t Ln T Ln a r • O COO N (Or O N 0 T- N- t` r (O LC) N 0 N co cY) T T T 't d' 0 N CO r (0 LC) 0) CO LC) CO CO CO N r CO Cc) CO Cr) r T CO C') r CO N LC) CO 0) 4 t.: LC) N O r o N r 0 N N LO °)Lmnm hr°o �CC))coh ((0 CO CD rLNO t. CO CO Cr) LC) r LL) r LC) N r r T T T 1.0 d' CO d N 0) N CO d N d' O t` N T 0) CO r O CO 4 CO r 4 CO CO N N 0) O (O (Y) r LC) d' ct 4 d' 4 00 t` (NI co co Lo LC) N CO 0)0 CO N r r CO T T COCO CV L.0 O) N: LC) LC) N U) r LC) r LC) I- I - CO T T T T r N O T O 4 co co O Lr) 00) 0 L0 4 4 co N COY) LO ✓ O) N 0) N N CO O) CO r 0) CO 4 O) N • 1.0 (O N- 4 LC) O co No Cr) 4 T O) ✓ N_ O O CY) t` r t- O 00 t` O N 0 N O LO r O co LL() ((0 O 0 CO 0 O 0)0) (p Ln r O d' O d O LOC) 4 (00 N N 00 N O CO N d' (0 CY) FIRE CHIEF T T T T N CO 0) M C0 CO CO CO N O Ln FIRE DEPUTY CHIEF CO Cc) CO D) LLi 01 Co co O FIRE BATTALION CHIEF 4 CO 4 c) (56 Hour Workweek) M 000 LC) LC) 0) LC) CO O (0 1 O) FIRE BATTALION CHIEF (40 Hour Workweek) FIRE MARSHAL 7.26% of 40 hr BC Cu BATTALION CHIEF TRAINING OFFICER STIPEND • O co L[) O N 4 co 0 4. co c 0) co COO N (00 • N O (Y) CO O co O ccoo 4 N N Cr) Cr) CO P107 Attachment 3 P108 Resolution No. FD 17-007 FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JULY 1, 2017 A B C D E F COMMUNICATIONS TECHNICIAN 24.87 26.11 27.42 28.79 30.23 31.74 Hourly 1,989.60 2,089.08 2,193.53 2,303.21 2,418.37 2,539.28 Bi -Weekly 4,310.79 4,526.35 4,752.65 4,990.28 5,239.81 5,501.78 Monthly EMERGENCY MANAGEMENT COORDINATOR 35.60 37.38 39.24 41.21 43.27 45.43 Hourly 2,847.68 2,990.07 3,139.57 3,296.55 3,461.38 3,634.45 Bi -Weekly 6,169.98 6,478.48 6,802.40 7,142.52 7,499.65 7,874.63 Monthly EMERGENCY MEDICAL SERVICES 48.41 50.83 53.38 56.04 58.85 61.79 Hourly ADMINISTRATOR 3,873.03 4,066.68 4,270.01 4,483.51 4,707.69 4,943.08 Bi -Weekly 8,391.56 8,811.13 9,251.69 9,714.28 10,200.00 10,710.00 Monthly FIRE EQUIPMENT APPRENTICE 18.95 19.90 20.89 21.94 23.03 24.18 Hourly MECHANIC 1,515.89 1,591.68 1,671.26 1,754.83 1,842.57 1,934.70 Bi -Weekly 3,284.42 3,448.64 3,621.07 3,802.13 3,992.23 4,191.85 Monthly FIRE EQUIPMENT LEAD MECHANIC 26.11 27.42 28.79 30.23 31.74 33.33 Hourly 2,089.08 2,193.53 2,303.21 2,418.37 2,539.29 2,666.26 Bi -Weekly 4526.34 4752.65 4990.28 5239.8 5501.79 5,776.89 Monthly FIRE EQUIPMENT MECHANIC 23.69 24.87 26.11 27.42 28.79 30.23 Hourly 1,894.86 1,989.60 2,089.08 2,193.53 2,303.21 2,418.37 Bi -Weekly 4,105.52 4,310.79 4,526.34 4,752.65 4,990.29 5,239.81 Monthly FIRE INFORMATION SYSTEMS 23.60 24.78 26.02 27.32 28.69 30.12 Hourly TECHNICIAN 1,887.94 1,982.34 2,081.46 2,185.53 2,294.81 2,409.54 Bi -Weekly 4,090.54 4,295.06 4,509.82 4,735.31 4,972.08 5,220.68 Monthly FIRE PREVENTION SPECIALIST 24.98 26.23 27.54 28.92 30.37 31.88 Hourly INSPECTION I 1,998.54 2,098.23 2,203.38 2,313.55 2,429.24 2,550.70 Bi -Weekly 4,330.16 4,546.17 4,774.00 5,012.70 5,263.35 5,526.51 Monthly FIRE PREVENTION SPECIALIST 27.54 28.92 30.37 31.88 33.48 35.15 Hourly INSPECTION II 2,203.38 2,313.55 2,429.23 2,550.70 2,678.23 2,812.14 Bi -Weekly 4,774.00 5,012.70 5,263.34 5,526.52 5,802.84 6,092.98 Monthly FIRE PREVENTION SUPERVISOR 31.34 32.90 34.55 36.28 38.09 39.99 Hourly 2,506.90 2,632.24 2,763.85 2,902.04 3,047.15 3,199.50 Bi -Weekly 5,431.61 5,703.18 5,988.34 6,287.76 6,602.15 6,932.26 Monthly FIRE SHOP SUPERVISOR 31.34 32.90 34.55 36.28 38.09 39.99 Hourly 2,506.90 2,632.24 2,763.85 2,902.04 3,047.15 3,199.50 Bi -Weekly 5,431.61 5,703.18 5,988.34 6,287.76 6,602.15 6,932.26 Monthly Attachment 4 P109 FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2017 A B C D E F MAINTENANCE OFFICER 35.62 37.40 39.27 41.23 43.29 45.46 Hourly 2,849.44 2,991.91 3,141.51 3,298.59 3,463.52 3,636.70 Bi -Weekly 6,173.79 6,482.48 6,806.61 7,146.94 7,504.30 7,879.52 Monthly MANAGEMENT AIDE 24.50 25.73 27.02 28.37 29.78 31.27 Hourly 1,960.28 2,058.30 2,161.21 2,269.27 2,382.74 2,501.87 Bi -Weekly 4,247.28 4,459.64 4,682.63 4,916.76 5,162.60 5,420.73 Monthly MANAGEMENT ANALYST I 28.44 29.86 31.36 32.92 34.57 36.30 Hourly 2,275.23 2,388.99 2,508.44 2,633.86 2,765.55 2,903.83 Bi -Weekly 4,929.66 5,176.14 5,434.95 5,706.70 5,992.03 6,291.63 Monthly MANAGEMENT ANALYST II 32.68 34.32 36.03 37.84 39.73 41.71 Hourly 2,614.68 2,745.42 2,882.68 3,026.82 3,178.16 3,337.07 Bi -Weekly 5,665.15 5,948.40 6,245.81 6,558.12 6,886.02 7,230.32 Monthly MANAGEMENT ANALYST III 35.60 37.38 39.24 41.21 43.27 45.43 Hourly 2,847.68 2,990.07 3,139.57 3,296.55 3,461.38 3,634.45 Bi -Weekly 6,169.98 6,478.48 6,802.40 7,142.52 7,499.65 7,874.63 Monthly OFFICE SERVICES CLERK 17.19 18.05 18.96 19.91 20.90 21.95 Hourly 1,375.59 1,444.37 1,516.59 1,592.41 1,672.04 1,755.64 Bi -Weekly 2,980.44 3,129.46 3,285.94 3,450.23 3,622.74 3,803.88 Monthly OFFICE SPECIALIST I 15.56 16.34 17.16 18.02 18.92 19.87 Hourly 1,245.18 1,307.44 1,372.82 1,441.46 1,513.53 1,589.21 Bi -Weekly 2,697.90 2,832.80 2,974.43 3,123.16 3,279.31 3,443.28 Monthly OFFICE SPECIALIST II 17.19 18.05 18.96 19.91 20.90 21.95 Hourly 1,375.59 1,444.37 1,516.59 1,592.41 1,672.04 1,755.64 Bi -Weekly 2,980.44 3,129.46 3,285.94 3,450.23 3,622.74 3,803.88 Monthly PLANS EXAMINER - FIRE 32.72 34.36 36.07 37.88 39.77 41.76 Hourly 2,617.55 2,748.42 2,885.85 3,030.61 3,181.64 3,340.72 Bi -Weekly 5,671.35 5,954.92 6,252.67 6,566.32 6,893.55 7,238.23 Monthly PUBLIC EDUCATION 27.54 28.92 30.37 31.88 33.48 35.15 Hourly SPECIALIST 2,203.38 2,313.55 2,429.23 2,550.70 2,678.23 2,812.14 Bi -Weekly 4,774.00 5,012.70 5,263.34 5,526.52 5,802.84 6,092.98 Monthly SECRETARY 19.47 20.44 21.46 22.54 23.66 24.85 Hourly 1,557.35 1,635.22 1,716.97 1,802.82 1,892.96 1,987.62 Bi -Weekly 3,374.25 3,542.97 3,720.11 3,906.12 4,101.42 4,306.50 Monthly SENIOR ADMINISTRATIVE SECRETARY 24.98 26.23 27.54 28.92 30.36 31.88 Hourly 1,998.48 2,098.40 2,203.32 2,313.49 2,429.17 2,550.63 Bi -Weekly 4,330.05 4,546.54 4,773.87 5,012.57 5,263.20 5,526.36 Monthly Attachment 4 FIRE DISTRICT PART-TIME HOURLY SALARY SCHEDULE AS OF JULY 1, 2017 COMMUNICATIONS TECHNICIAN EMERGENCY MEDICAL SERVICES QUALITY IMPROVEMENT NURSE FIRE CLERK FIRE EQUIPMENT MECHANIC FIRE INFORMATION SYSTEMS TECHNICIAN FIRE PREVENTION ASSISTANT TEMPORARY/PART-TIME FIRE PREVENTION SPECIALIST INSPECTION I MANAGEMENT AIDE MANAGEMENT ANALYST I OFFICE SERVICES CLERK OFFICE SPECIALIST I OFFICE SPECIALIST II PLANS EXAMINER - FIRE QUALITY IMPROVEMENT SPECIALIST Resolution No. FD 17-007 A B C D E 24.38 25.60 26.88 28.23 29.64 41.14 43.20 45.36 47.62 50.01 10.50 10.75 11.29 11.85 12.45 23.22 24.38 25.60 26.88 28.23 23.14 24.29 25.51 26.78 28.12 F 31.12 Hourly 52.51 Hourly 13.07 Hourly 29.64 Hourly 29.53 Hourly 10.50 10.75 11.29 11.85 12.45 13.07 Hourly 24.49 25.72 27.00 28.35 29.77 31.26 Hourly 24.01 25.24 26.53 27.88 29.16 30.62 Hourly 27.88 29.31 30.81 32.39 33.87 35.56 Hourly 16.85 17.71 18.62 19.57 20.47 21.49 Hourly 15.25 16.03 16.85 17.71 18.52 19.45 Hourly 16.85 17.71 18.62 19.57 20.47 21.49 Hourly 32.08 33.68 35.37 37.13 38.99 40.94 Hourly 27.79 29.18 30.64 32.17 33.78 35.47 Hourly Attachment 5 P110 P111 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the Housing Successor Agency FROM: John R. Gillison, City Manager INITIATED BY: Jeff Bloom, Deputy City Manager/Economic & Community Development Flavio Nunez, Management Analyst II SUBJECT: CONSIDERATION TO APPROVE AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA IN ITS CAPACITY AS THE HOUSING SUCCESSOR TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, AND DAY CREEK SENIOR HOUSING PARTNERS, LP FOR A 140 UNIT AFFORDABLE SENIOR HOUSING TO BE DEVELOPED WEST OF DAY CREEK BOULEVARD AND NORTH OF BASE LINE ROAD (APN 1089- 031-36) RECOMMENDATION: Consideration to approve Amendment to Disposition, Development and Loan Agreement between the City of Rancho Cucamonga in its capacity as the Housing Successor to the Rancho Cucamonga Redevelopment Agency, and Day Creek Senior Housing Partners, LP for 140 -unit affordable senior housing to be development west of Day Creek Boulevard and north of Base Line Road. (APN 1089-031-36). BACKGROUND: In September 2014, the Successor Agency entered into a Purchase and Sale Agreement with a developer for the 14 acre site located at the northwest corner of Base Line Road and Day Creek Boulevard. The land transaction provided for the sale of the 14 acre site with the intent that 10 acres would be developed as a neighborhood commercial shopping center and 4 acres would be used to develop affordable senior housing. The 10 acres site is currently under construction. The buyer and developer was allowed up to one year after the close of escrow to pursue an affordable housing development. The developer chose not to pursue the affordable housing development and conveyed the property, at no cost, to the Housing Successor Agency (the "HSA"). The HSA approved the Certificate of Acceptance of the property at its December 16, 2015 meeting. The property includes a recorded covenant that requires it to be built for affordable senior housing purposes. On May 4, 2016 the HSA approved a Disposition, Development and Loan Agreement between the City, in its capacity as the HSA and Day Creek Senior Housing Partners, LP also known as National CORE for development of a 140 -unit multi -family affordable senior housing. ANALYSIS: The City has been working closely with National Core in order to construct a 140 -unit affordable senior housing project adjacent to the 10 -acre commercial neighborhood retail center. The Page 1 of 2 CITY COUNCIL STAFF REPORT — AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN P112 AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY, AND DAY CREEK SENIOR HOUSING PARTNERS, LP JUNE 21, 2017 proposed project will consist of 139 affordable senior housing units plus one manager unit. In June, National CORE informed City staff that a recent decision by the County of San Bernardino to eliminate Project Based Vouchers for Day Creek Villas combined with a drop in value of tax credit allocations due to tax reform has created a financing gap. National CORE has requested an additional $1,000,000.00 from the HSA's housing bond proceeds provided the project received 9% tax credits. The HSA's investment in the project will allow National CORE to complete the project and maintain an affordability covenant on the property for a 55 -year term for households earning 30%, 45%, 50%, and 60% (See Attachment 2). The Amendment to DDLA outlines the terms that were negotiated between City and National CORE that are necessary in order to see the project come to fruition. Key agreement points include: • The Housing Successor Agency will provide an additional construction loan of $1,000,000.00 from Housing Bond Proceeds provided the project receives 9% tax credits. • This amount along with the original $4,200,000, and the value of the land, will be combined into a loan to the project which will bear 3% simple interest and will be repaid annually from 50% of the residual receipts from the development. The term of the loan will be 55 years. • The developer will construct and operate the development pursuant to the regulatory agreement that will be recorded on the property to assure affordability of the 139 units for 55 years FISCAL IMPACT: The Housing Successor Agency will provide a $1,000,000.00 construction loan from Housing Bond Proceeds to Day Creek Senior Housing provided the project receives 9% tax credits. COUNCIL GOAL(S) ADDRESSED: Not Applicable ATTACHMENTS: Attachment 1 — Amendment to Disposition, Development and Loan Agreement between the City of Rancho Cucamonga in its Capacity as the Housing Successor to the Rancho Cucamonga Redevelopment Agency Attachment 2 — Affordability Summary Page 2 of 2 AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT (Day Creek) This AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT (the "Amendment") is dated as of June 21, 2017, and is entered into by and between the CITY OF RANCHO CUCAMONGA, as successor to the housing assets of the former Rancho Cucamonga Redevelopment Agency (the "City") and DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership ("Developer"). RECITALS A. City and Developer entered into a Disposition, Development and Loan Agreement dated in 2016 ("DDLA"). Capitalized terms used but not defined herein shall have the meaning set forth in the DDLA. B. Developer has requested that City agree to make an additional construction loan (the "Additional Loan") of One Million and No/100 Dollars ($1,000,000.00) provided that the Project receives 9% tax credits such that the Affordable Units (as described and defined in the form of Regulatory Agreement attached to the DDLA as Exhibit E) are restricted to lower income levels than would be the case if 4% tax credits were obtained (all as set forth in such form of Regulatory Agreement), and the City is willing to make such conditional loan commitment in order to increase/maximize the number of Affordable Units restricted to 30%, 45% and 50% AMI households/categories (as opposed to 60% and 80% AMI households/categories), which will better increase affordable housing in the City and better comply with the City's goals and requirements imposed on the City by State law. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual terms hereof, and other consideration, the sufficiency of which is hereby acknowledged, Developer and City agree as follows: 1. Additional Loan. Provided the conditions in Section 2.5 of the DDLA are satisfied, Developer obtains an award of 9% tax credits sufficient to obtain the tax credit equity necessary for the Project, Developer executes, acknowledges (if applicable) and delivers loan documents for the Additional Loan as contemplated by Section 2 below, and City receives a lender's title policy for the Additional Loan deed of trust that contains the same exceptions as the title policy for the City AD Loan (plus the City AD Loan deed of trust as an additional title exception), then City shall make the Additional Loan to Developer for development and construction costs of the Affordable Units on the terms set forth in Section 2.13, 2.14 and 9.17 of the DDLA (except that the 50% of Residual Receipts shall first be used to repay the City AD Loan and then shall be used to repay the Additional Loan). A default by Developer under the DDLA or the City AD Loan shall constitute a default under the Additional Loan, and a default by Developer under the Additional Loan shall constitute a default by Developer under the DDLA and the City AD Loan, in each case subject to an applicable notice and cure provisions of Section 6 of the DDLA. -1- 11231-0001 \2078040v 1.doc P113 ATTACHMENT 1 2. Documentation of Additional Loan. The Additional Loan shall be documented separately from the loan documents for the City AD Loan using the forms of loan documents attached as Exhibits C (Promissory Note) and Exhibit D (Deed of Trust), and (if applicable) Exhibit I (Escrow Agreement) to the DDLA, but using the same Regulatory Agreement subject to Section 3 below. 3. Revised Exhibit "E". A revised Exhibit E (Regulatory Agreement) to the DDLA is attached as Attachment 1 to this Amendment and is substituted for the existing Exhibit E to the DDLA. 4. Conflicts with the DDLA. In the event of any conflict between this Amendment and the DDLA, the provisions of this Amendment shall prevail. 5. Counterparts. This Amendment may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. IN WITNESS WHEREOF, the Developer and City (acting through its City Manager) have executed this Amendment as of the date first set forth above. CITY: CITY OF RANCHO CUCAMONGA By: Attest: John Gillison, City Manager Janice C. Reynolds, City Clerk Approved as to Form: Bruce Galloway of Richards, Watson & Gershon, Counsel to City Signatures Continue on Following Page 1 123 I -0001 \2078040v I .doc P114 DEVELOPER: DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership By: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company, Its Managing General Partner -3- 11231-0001\2078040v1.doc P115 By: National Community Renaissance of California, a California nonprofit public benefit corporation, Its Manager and Sole Member By: Print Name: Title: ATTACHMENT 1 REVISED FORM OF REGULATORY AGREEMENT (Attached.) H-1 11231-0001\2078040v1.doc P116 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: This document is exempt from recording fees pursuant to Government Code § 27383. REGULATORY AGREEMENT THIS REGULATORY AGREEMENT (the "Agreement") is dated as of , 201_, and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation, as successor to the housing assets of the Redevelopment Agency of the City of Rancho Cucamonga, and DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership ("Owner"). RECITALS A. Developer owns the land described on Exhibit A (the "Site"). B. City and Owner have entered into a Disposition, Development and Loan Agreement dated , 2016 (the "DDLA") pursuant to which the City has conveyed the Site to the Owner, and the Owner must construct on the Site a multi -family residential complex consisting of 140 apartment units and related improvements (the "Housing Project"), 139 of which are to be available at an affordable rent to senior households of low income levels. C. Under the DDLA, the City has provided the Owner with a loan in the total amount of ($ ) (the "City Loan"). Owner has executed a promissory note evidencing the City Loan (the "City Note"), which is secured by a deed of trust recorded against the Site (the "City Deed of Trust"). D. Owner and City agree that the Site shall be subject to the conditions and restrictions, and the rights of City under this Covenant. Now, therefore, the City and Owner hereby agree as follows: ARTICLE 1. INCOME RENT AND OCCUPANCY RESTRICTIONS 1.01. Rent and Income Restrictions. One hundred thirty-nine (139) of the 140 apartment units constructed on the Site (the "Affordable Units") shall be rented to low income households whose income does not exceed the limits set forth below and which consist of a Senior Household as defined below: [IF NINE PERCENT TAX CREDITS:] [(a) Fifteen (15) of the Affordable Units (14 one bedroom units, and 1 two bedroom unit) shall be available to Eligible Exhibit "E" Page 2 12803-000111923019v4 doc P117 Households whose income does not exceed thirty percent (30%) of the Area Median Income (as defined below), adjusted by family size appropriate to the unit, less a utility allowance. (b) Forty-nine (49) of the Affordable Units (46 one bedroom units and 3 two bedroom units) shall be available and restricted to Eligible Households whose income does not exceed forty-five percent (45%) of the Area Median Income, adjusted by family size appropriate to the unit, Tess a utility allowance. (c) Forty-three (43) of the Affordable Units (40 one bedroom units and 3 two bedroom units) shall be available to Eligible Households whose income does not exceed fifty percent (50%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. (d) Thirty-two (32) of the Affordable Units (31 one bedroom units and 1 two bedroom unit) shall be available and restricted to Eligible Households whose income does not exceed sixty percent (60%) of the Area Median Income, adjusted for family size appropriate to the unit, less a utility allowance. ] [IF FOUR PERCENT TAX CREDITS: (a) Twenty-eight (28) of the Affordable Units (27 one bedroom units, and 1 two bedroom unit) shall be available to Eligible Households whose income does not exceed thirty percent (30%) of the Area Median Income (as defined below), adjusted by family size appropriate to the unit, less a utility allowance. (b) Two (2) of the Affordable Units (2 two bedroom units) shall be available and restricted to Eligible Households whose income does not exceed forty-five percent (45%) of the Area Median Income, adjusted by family size appropriate to the unit, Tess a utility allowance. (c) Two (2) of the Affordable Units (2 two bedroom units) shall be available to Eligible Households whose income does not exceed fifty percent ( 50% of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. (d) One hundred seven (107) of the Affordable Units (104 one bedroom units and 3 two bedroom units) shall be available and restricted to Eligible Households whose income does not exceed sixty percent (60%) of the Area Median Income, adjusted for family size appropriate to the unit, less a utility allowance.] Rent for the Affordable Units shall be no greater than that considered as "affordable rent" for low-income households, adjusted for family size appropriate to the unit, pursuant to Section 50053 of the California Health and Safety Code, as amended, or any successor statute thereto (the "Affordable Rent"). The maximum housing cost of the Senior Households for each of the income levels set forth above must comply with the regulations promulgated by the California Department of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, governing the set aside housing funds. 12803-000111923019v4 doc Exhibit "E" Page 3 P118 Each Affordable Unit must be occupied by each Senior Household as its primary residence, and shall not be sublet. An Affordable Unit initially occupied by an eligible tenant shall be deemed occupied by an eligible tenant until such Affordable Unit is vacated, even if the tenant's household income subsequently increases to an amount that exceeds the maximum allowable income level for its initial income category so long as satisfactory actions are taken to ensure that all vacancies are filled in accordance with this Agreement until the noncompliance is corrected. If, upon recertification of a tenant's household income, the Owner discovers that a household no longer qualifies at its initial income category, but qualifies for a higher income category (not exceeding 60% of income AMI), then such tenant's Affordable Unit shall be considered in the higher category, and, upon expiration and renewal of such tenant's lease, the rent may be increased to the Affordable Rent for the higher category upon sixty (60) days' written notice to the tenant, and the Owner shall rent the next available Affordable Unit to a household that is in the same income category that said tenant was initially in. Upon termination of occupancy of an Affordable Unit by a tenant, such Affordable Unit shall be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating tenant, until such Affordable Unit is reoccupied, at which time the income character of the Affordable Unit shall be determined by the income of the incoming tenant. Notwithstanding the foregoing, to the extent the federal low-income housing tax credit requirements conflict with the requirements in this Section 1.01 relative to the continued occupancy by households whose incomes exceed the eligible income limitations, the federal low- income housing tax credit requirements shall apply in place of the provisions in this Section 1.01. All of the rental units in the Housing Project that are not restricted by this Agreement will be restricted by restriction resulting from federal low-income housing tax credit requirements. The income of all persons residing in the Affordable Unit shall be considered for purposes of calculating the applicable income. Except as otherwise required by applicable law, no less than one person per bedroom shall be allowed; no more than two persons shall be permitted to occupy a one bedroom Affordable Unit; and no more than three persons shall be permitted to occupy a two bedroom Affordable Unit. For purposes of this Agreement: "Area Median Income" shall mean the median income for households in San Bernardino County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least I8 months, the City shall provide the Owner with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. Exhibit "E" Page 4 12803-0001\1923019v4 doc P119 "Adjusted by family size appropriate to the unit" shall mean for a household of two persons in the case of a one -bedroom unit and three persons in the case of a two-bedroom unit. "Senior Household" shall mean a household consisting of a person who is 55 years of age or older and any qualified permanent residents, as described in California Civil Code Section 51.3; provided that if the California Tax Credit Allocation Committee ("TCAC") regulations impose a different definition for senior households, then the definition under the TCAC regulations shall apply. ARTICLE 2. REPORTING REQUIREMENTS 2.01 Reporting Requirements. Annual reports and annual income certifications or re - certifications must be submitted to the City in form and content approved by the City. The reports, at a minimum, shall include: (1) The number of persons per unit; (2) Tenant name; (3) Initial occupancy date; (4) Rent paid per month; (5) Gross income per year; (6) Percent of rent paid in relation to income; and (7) Copies of those documents used by Owner to certify the tenant as an Eligible Household. The first annual report and annual income certification (the "Initial Report") shall be submitted to the City within thirty (30) days after the date of the initial rental of all the Affordable Units on the Site, or as otherwise agreed to by the City. Subsequent annual reports and annual income certifications or re -certifications shall be submitted to the City on the anniversary date of submittal of the Initial Report. The City may, from time to time during the term of this Agreement, request additional or different information and Owner shall promptly supply such information in the reports required hereunder. Owner shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Owner, at such time and in such forms as the City may require, shall furnish to City statements, records, reports, data and information pertaining to matters covered by this Agreement. Upon request for examination by the City, Owner, at any time during normal business hours, shall Exhibit "E" Page 5 12803-000I\1923019v4 doc P120 make available all of its records with respect to all matters covered by this Agreement. Owner shall permit the City to audit, examine and make excerpts or transcripts from these records. ARTICLE 3. PROVISION OF SERVICES, MAINTENANCE AND MANAGEMENT OF PROPERTY 3.01. Maintenance. During the term of this Agreement, Owner and all successors in interest shall maintain, or cause to be maintained, the Housing Project in a manner consistent with the provisions set forth therefore in the Rancho Cucamonga Municipal Code, and shall keep the entire Housing Project reasonably free from any accumulation of debris or waste materials or graffiti prior to and after construction. If, at any time, Owner fails to maintain the Housing Project, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of thirty (30) days from the date of written notice from the City to the Owner, City may perform the necessary corrective maintenance, and Owner shall pay such costs as are reasonably incurred for such maintenance within ten (10) days after written demand. Owner, on behalf of itself, its heirs, successors and assigns, hereby grants to City and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from City as hereinabove described and Owner's failure to cure or remedy such failure within thirty (30) days of such notice. Any such entry shall be made only after reasonable notice to Owner, and City shall defend, indemnify and hold Owner harmless from any claims or liabilities pertaining to any such entry by City. 3.02. Management and Management Plan. Owner shall maintain (i) a comprehensive management plan for the Housing Project, including a fair housing component; and (ii) a reputable and experienced property manager for management of the Housing Project. The management plan, asset and property manager and property management agreements must be approved by the City. The City hereby approves National Community Renaissance of California as an acceptable property manager. Any changes in the property manager, asset manager or modifications or amendments to the management plan or any management agreement shall be subject to review and approval by the City. ARTICLE 4. NO TRANSFER The identity and qualifications of Owner as an experienced and successful Owner and operator of affordable rental housing developments are of particular concern to the City. It is because of this identity and these qualifications that the City has entered into this Agreement with the Owner. Except with respect to Permitted Transfers (as defined in Section 4.1 of the DDLA), no voluntary or involuntary successor in interest of the Owner shall acquire any rights or powers under this Agreement by assignment or otherwise, nor shall Owner make any total or partial sale, transfer, conveyance, encumbrance to secure financing, assignment or lease of the whole or any part of the Housing Project without the prior written approval of the City, which approval shall be governed by the terms of the DDLA. Exhibit "E" Page 6 12803-0001\1923019v4 doc P121 ARTICLE 5. PROJECT NAME The name of the Project shall be and such name shall not be changed without the prior written consent of the City Manager. Said name shall be included on all signs, brochures and other communications with respect to the Housing Project. ARTICLE 6. NO DISCRIMINATION; NONDISCRIMINATION AND NONSEGREGATION CLAUSES 6.01. No Discrimination. Owner covenants, by and for itself and any successors in interest, that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall Owner, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, subleases or vendees in the Site. 6.02. Required Clauses. All deeds, leases or contracts made relative to the Site, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination and nonsegregation clauses: I. In deeds: (a) "The grantee herein covenants, by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee, himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, subleases or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (a) shall be construed to affect Section 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code relating to housing for senior citizens. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (a). 2. In leases: "The lessee herein covenants, by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or Exhibit "E" Page 7 12803-000I\1923019v4. doe P122 through him or her, and this lease is made and accepted upon and subject to the following conditions: (a) "That there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision On) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee, himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subleases, subtenants or vendees in the land herein leased." (b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (a). 3. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee, himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subleases, subtenants or vendees in the land." ARTICLE 7. NO IMPAIRMENT OF LIEN No violation or breach of the covenants, conditions, restrictions, provisions or limitation contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument. ARTICLE 8. DURATION The covenants contained in Article 1 of this Agreement shall be deemed to run with the land in accordance with Section 33334.3(0 of the Health and Safety Code or any successor statute and shall remain in effect for not less than fifty-five (55) years following the issuance and Exhibit "E" Page 8 12803-000111923019v4 doc P123 recording of a Certificate of Completion executed by City for the Housing Project under the DDLA. The covenants against discrimination contained in Article 6 of this Agreement shall be deemed to run with the land in accordance with Section 33438 of the Health and Safety Code or any successor statue and shall remain in effect in perpetuity. ARTICLE 9. SUCCESSORS AND ASSIGNS The covenants contained in the Agreement shall be binding for the benefit of the City and its respective successors and assigns, and any successor in interest to the Site or any part thereof, and such covenants shall run in favor of the City and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard as to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, and such aforementioned parties, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Agreement shall be for the benefit of and shall be enforceable only by the City, and its respective successors and assigns, and such aforementioned parties. ARTICLE 10. SUBORDINATION Upon written request by Owner, the City Manager shall execute a reasonable subordination agreement providing that the terms and conditions of this Agreement shall be subject to and subordinate to the deed of trust securing the Construction Loan (as defined in the DDLA) and the deed of trust securing any refinancing thereof that does not exceed the amount of the initial Construction Loan, upon reasonable terms and conditions approved by the City Manager or as otherwise provided in the DDLA. IN WITNESS WHEREOF, City and Owner have caused this Agreement to be executed on their behalf by their respective officers thereunto duly authorized. Dated for reference purposes only as of , 20_ "CITY" CITY OF RANCHO CUCAMONGA By: Print Name: Title: APPROVED AS TO FORM: Bruce W. Galloway, of Richards, Watson & Gershon, Counsel Exhibit "E" Page 9 12803-000111923019v4.doc P124 "OWNER" DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership By its Managing General Partner: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company By its manager and sole member: National Community Renaissance of California, a California nonprofit public benefit corporation Exhibit "E" Page I0 12803-0001\1923019v4.doc By: Print Name: Title: P125 Exhibit "A" Legal Description of Property THE FOLLOWING REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA: PARCEL "A" BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES, AS PER MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, TOGETHER WITH THAT PORTION OF RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT No. 92-447926, RECORDED OCTOBER 28, 1992 OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT BEING SOUTH 00°1T36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF SAID LOT 21; THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION, NORTH 00°12'36" EAST 615.70 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT No. 92-447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT No. 92-447926, SOUTH 89°11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER OF SAID INSTRUMENT No. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE EAST LINE OF SAID INSTRUMENT No. 92-447926 AND THE EAST LINE OF SAID LOT 22, SOUTH 00°12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89°50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 28°23'25" AN ARC LENGTH OF 30.25 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42°24'52" WEST 51.92 FEET; THENCE SOUTH 89°17'07" WEST 195.07 FEET, THENCE SOUTH 44°17'06" WEST 171.66 FEET TO THE POINT OF BEGINNING. Exhibit "E" Page 11 12803-000111923019v4 doc P126 SAID LAND IS DESCRIBED AS PARCEL A OF LL/A 2005-00002 RECORDED 12/04/2015 AS INSTRUMENT NO. 2005 — 531707 OF OFFICIAL RECORDS. Exhibit "E" Page 12 12803-0001\1923019v4 doc P127 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, , Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Exhibit "E" Page 13 12803-0001\1923019v4.doc RIGHT THUMBPRINT OF SIGNER Top of thumb here P128 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: APNS: SPACE ABOVE THIS LINE FOR RECORDER'S USE FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE §6103 NOTICE OF AFFORDABILITY RESTRICTIONS IMPORTANT NOTICE TO OWNERS, PURCHASERS, TENANTS, LENDERS, BROKERS, ESCROW AND TITLE COMPANIES, AND OTHER PERSONS, REGARDING AFFORDABLE HOUSING RESTRICTIONS ON THE REAL PROPERTY DESCRIBED IN THIS NOTICE: RESTRICTIONS HAVE BEEN RECORDED WITH RESPECT TO THE PROPERTY DESCRIBED BELOW WHICH RESTRICT OCCUPANCY TO LOW-INCOME SENIOR HOUSEHOLDS AND THE RENTS WHICH MAY BE CHARGED. THESE RESTRICTIONS MAY LIMIT THE RENTS FOR EACH UNIT TO AN AMOUNT WHICH IS LESS THAN FAIR MARKET RENT. THESE RESTRICTIONS LIMIT THE INCOME OF PERSONS AND HOUSEHOLDS WHO ARE PERMITTED TO RENT AND OCCUPY THE UNITS. This NOTICE OF AFFORDABILITY RESTRICTIONS (the "Notice"), is dated as of _, 201_, and is executed by DAY CREEK SENIOR HOUSING PARTNERS, LP ("Owner"), whose address is 9421 Haven Avenue, Rancho Cucamonga, CA 91730, and by the CITY OF RANCHO CUCAMONGA (the "City") in connection with that certain Regulatory Agreement, between Owner and the City dated substantially concurrently herewith and recorded in the Official Records of San Bernardino County substantially concurrently herewith (the "Regulatory Agreement"). RECITALS A. Owner owns the land described on Exhibit "A" in the City Cucamonga, State of California and the improvements thereon (the "Land"), which address of , Rancho Cucamonga, California. B. Owner and City are entering into the Regulatory Agreement concurrently herewith. of Rancho has a street substantially C. Capitalized terms used herein but not defined shall have the meaning described in the Regulatory Agreement. Exhibit "E" Page 14 12303-0001\1923019v4.doc set forth as P129 TERMS OF NOTICE 1. Requirement for Recorded Notice. This Notice is being executed and recorded pursuant to California Health and Safety Code Section 33334.3(f)(3)(B). 2. Regulatory Agreement. This Notice is being recorded substantially concurrently with the recordation of the Regulatory Agreement, which is incorporated herein by reference. 3. Recitation of Affordability Restrictions. The Regulatory Agreement restricts the occupancy of the rental units on the Land to occupancy by lower income households as their principal residence at an affordable rent (as more particularly described in and required by the Regulatory Agreement), and in compliance with California Health & Safety Code Sections 50052.5, 50079.5, 50093 and Title 25 of the California Code of Regulations Section 6910, et. seq., and for a term commencing on the issuance of a Certificate of Completion by the City and continuing for 55 years thereafter. Such restrictions in the Regulatory Agreement are incorporated herein by reference. 4. Summary of Affordable Housing Restrictions. The Affordable Housing Restrictions restrict the occupants (tenants) of the apartments on the Property (the "Affordable Units") to low income senior households (the remaining unit being a manager's unit), and restrict the amount of rent which may be charged for the apartment, as follows: [IF NINE PERCENT TAX CREDITS: (a) Fifteen (15) of the Affordable Units (14 one bedroom units, and 1 two bedroom unit) shall be available to Eligible Households whose income does not exceed thirty percent (30%) of the Area Median Income (as defined below), adjusted by family size appropriate to the unit, less a utility allowance. (b) Forty-nine (49) of the Affordable Units (46 one bedroom units and 3 two bedroom units) shall be available and restricted to Eligible Households whose income does not exceed forty-five percent (45%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. (c) Forty-three (43) of the Affordable Units (40 one bedroom units and 3 two bedroom units) shall be available to Eligible Households whose income does not exceed fifty percent (50%) of the Area Median Income, adjusted by family size appropriate to the unit, less a utility allowance. (d) Thirty-two (32) of the Affordable Units (31 one bedroom units and 1 two bedroom unit) shall be available and restricted to Eligible Households whose income does not exceed sixty percent (60%) of the Area Median Income, adjusted for family size appropriate to the unit, less a utility allowance.] Exhibit "E" Page 15 12803-0001\1923019v4 doc P130 [IF FOUR PERCENT TAX CREDITS: (a) Twenty-eight (28) of the Affordable Units (27 one bedroom units, and 1 two bedroom unit) shall be available to Eligible Households whose income does not exceed thirty percent (30%) of the Area Median Income (as defined below), adjusted by family size appropriate to the unit, less a utility allowance. (b) Two (2) of the Affordable Units (2 two bedroom units) shall be available and restricted to Eligible Households whose income does not exceed forty-five percent (45%) of the Area Median income, adjusted by family size appropriate to the unit, less a utility allowance. (c) Two (2) of the Affordable Units (2 two bedroom units) shall be available to Eligible Households whose income does not exceed fifty percent ( 50% of the Area Median Income, adjusted by family size appropriate to the unit, Tess a utility allowance. (d) One hundred seven (107) of the Affordable Units (104 one bedroom units and 3 two bedroom units) shall be available and restricted to Eligible Households whose income does not exceed sixty percent (60%) of the Area Median Income, adjusted for family size appropriate to the unit, less a utility allowance.] Rent Restrictions: Occupancy/Senior Household Restrictions: Rent is restricted to an "affordable" rent for lower income households pursuant to Section 50053 of the California Health & Safety Code. Each restricted apartment unit shall be rented only to a household consisting of a person who is 55 years of age or older and any qualified permanent residents, as described in California Civil Code Section 51.3; provided that if the California Tax Credit Allocation Committee ("TCAC") regulations impose a different definition for senior households, the definition under the TCAC regulations shall apply, and each restricted unit must be used as the principal residence of such person/household and may not be sublet. Term of Restrictions: Fifty-five (55) years, commencing on the issuance by City and recording of a Certificate of Completion for the Project under the Disposition, Development and Loan Agreement dated , 2016 between City and Owner, and terminating on the date that is fifty-five (55) years after such recordation (except that nondiscrimination covenants shall remain in effect in perpetuity). This Notice does not contain a full description of the details of all of the terms and conditions of the Affordable Housing Restrictions. You will need to obtain and read the Exhibit "E" Page 16 12803-000111923019%4 doc P131 Regulatory Agreement to fully understand the restrictions and requirements which apply to the Property. In the event of any conflict between the terms of this Notice and the terms of the Regulatory Agreement, the terms of the Regulatory Agreement shall control. IN WITNESS WHEREOF, this Notice has been executed and made effective on the day and year first above written. OWNER: DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership By its Managing General Partner: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company By its manager and sole member: National Community Renaissance of California, a California nonprofit public benefit corporation By: Print Name: Title: CITY: CITY OF RANCHO CUCAMONGA By: Print Name: Title: Exhibit "E" Page 17 12803-000111923019v4 doc P132 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, , Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form 10 another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Exhibit "E" Page 18 12803-0001\1923019v4.doc RIGHT THUMBPRINT OF SIGNER Top of thumb here P133 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, . Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Exhibit "E" Page 19 12803-0001\1923019v4.doc RIGHT THUMBPRINT OF SIGNER Top of thumb here P134 EXHIBIT "A" LEGAL DESCRIPTION OF LAND THE FOLLOWING REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA: PARCEL "A" BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES, AS PER MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, TOGETHER WITH THAT PORTION OF RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT No. 92-447926, RECORDED OCTOBER 28, 1992 OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT BEING SOUTH 00°12'36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF SAID LOT 21, THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION, NORTH 00°12'36" EAST 615.70 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT No. 92-447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT No. 92-447926, SOUTH 89°11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER OF SAID INSTRUMENT No. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE EAST LINE OF SAID INSTRUMENT No. 92-447926 AND THE EAST LINE OF SAID LOT 22, SOUTH 00°12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89°50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 28°23'25" AN ARC LENGTH OF 30.25 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42°24'52" WEST 51.92 FEET; THENCE SOUTH 89°17'07" WEST 195.07 FEET, THENCE SOUTH 44°17'06" WEST 171.66 FEET TO THE POINT OF BEGINNING. 12803-000 1\1923019v4.doc Exhibit "E" Page 20 P135 SAID LAND IS DESCRIBED AS PARCEL A OF LL/A 2005-00002 RECORDED 12/04/2015 AS INSTRUMENT NO. 2005 — 531707 OF OFFICIAL RECORDS. 12803-0001\1923019v4 doc Exhibit "E" Page 21 P136 EXHIBIT "F" SCHEDULE OF PERFORMANCE This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein. The Developer and the City Manager may, by mutual written agreement, alter this Schedule of Performance from time to time as the Project schedule changes with Project development and the commitments of financing to the Project. Action Date / Deadline These Items Relate to Developer Actions and Requirements Prior to the Developer Close of Escrow Opening of Developer Escrow. The Parties Within five (5) business days after TCAC awards a preliminary reservation of Tax Credits to the Project. shall open escrow with the Escrow Holder. Preliminary Plans and Entitlement Within three (3) calendar months after the date of this Agreement. Application. Developer shall submit preliminary plans and a "development review application" for entitlements to the City. Approval of Development Review Six months after the development review application is submitted by Developer. Application/Entitlements. Developer shall obtain approval by the City of the development review application and entitlements. Application for Tax Credits by Developer. No later than the due date for the application to TCAC for the applicable low income housing tax credits (March, 2017 for first application for 9% credits; July, 2017 for second application, March, 2018 for third application, if necessary; and July, 2018 for fourth application for 9% tax credit, if necessary and prior to December, 2018 for 4% tax credits if necessary). Final Plans and Specifications. The Developer Within sixty (60) days after TCAC awards a preliminary reservation of Tax Credits to the Project. shall submit the Final Plans and Specifications for City approval. Tax Credits. The Developer shall obtain No later than December 31, 2018. sufficient tax credits and tax credit investment to finance the Project. Exhibit "F" Page 1 12803-0001\1923019v4 doc P137 ATTACHMENT 2 Affordability Summary % of Area of Median Income Number of Units Offered 30 Percent 15 45 Percent 49 50 Percent 43 60 Percent 32 P138 ATTACHMENT 2 P139 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Chairman and Members of the Successor Agency FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION RECOMMENDATION: It is recommended that the City Council approve Amendment No. 3 to the Amended and Restated Agreement for Legal Services with Richards, Watson & Gershon, A Professional Corporation. BACKGROUND: The City, Fire District, and Successor Agency (formerly the Rancho Cucamonga Redevelopment Agency) have contracted for legal services with City Attorney James Markman and his affiliate legal firms since the mid -1980's. Each of the City's three entities have individual agreements with James Markman's firm of Richards, Watson & Gershon that outline hourly rate structures, legal retainers, hourly rates for litigation, and specialized legal services. The most recent amendments to the agreements with the City, Fire District, and Successor Agency were executed in 2006. James Markman, on behalf of Richards, Watson & Gershon, has submitted proposed amendments to the agreements that the firm has with the three City related entities. ANALYSIS: If approved, the amendments would become effective on July 1, 2017. The cost impact has been incorporated into the Preliminary Fiscal Year 2017/18 Budget. FISCAL IMPACT: The table below illustrates the proposed changes to the hourly rates, as well as for the monthly retainer charged to the Fire District. As indicated above, the cost impact of these proposed changes has been incorporated into the Preliminary Fiscal Year 2017/18 Budget. Page 1 of 2 CITY COUNCIL STAFF REPORT CONSIDERATION TO APPROVE AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION JUNE 21, 2017 Page 2 Rate Category Current Rate/Hour Proposed Rate/Hour $ Increase % Increase Monthly retainer - Fire District $900/month $1,000/month $100/month 11.11% First sixty (60) hours of work - City $ 190.00 $ 205.00 $ 15.00 7.89% Hourly work performed by: James L. Markman $ 215.00 $ 230.00 $ 15.00 6.98% Other shareholders and senior associates and contract attorneys $ 205.00 $ 220.00 $ 15.00 7.32% Other firm associates $ 185.00 $ 200.00 $ 15.00 8.11% Firm paralegals $ 150.00 $ 165.00 $ 15.00 10.00% Firm clerks $ 110.00 $ 125.00 $ 15.00 13.64% COUNCIL GOAL(S) ADDRESSED: Not applicable ATTACHMENTS: Attachment 1 — Amendment No. 3 to Amended and Restated Agreement for Legal Services with Richards, Watson & Gershon, A Professional Corporation Page 2 of 2 P140 AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES This Amendment No. 3 is made and entered into by and between the SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY ("Agency" hereinafter) and RICHARDS, WATSON & GERSHON, A Professional Corporation ("Attorneys" hereinafter). Recitals (i) On July 1, 2006, the Agency and Attorneys entered into Amendment No. 1 to an Agreement entitled "Amended and Restated Agreement for Legal Services" ("the Agreement" hereinafter). (ii) This Successor Agency succeeded to the rights and obligations of said Redevelopment Agency specified in the Agreement. (iii) It is the purpose of this Amendment No. 3 to amend the Agreement as to rates for services charged by Attorneys to Agency during specified time periods. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Subparagraph 3A of the Agreement hereby is amended to provide as follows: "A. Attorneys shall be compensated for all work performed in accordance with the following rates: "(i) At the rate of $235.00 per hour commencing July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by James L. Markman; "(ii) At the rate of $225.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by other shareholders and senior associates and contract attorneys (those with at least fifteen (15) years experience as licensed attorneys); 11231-0001 \2031654v I .doc 1 ATTACHMENT 1 P141 "(iii) At the rate of $205.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by other firm associates; "(iv) At the rate of $165.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by firm paralegals; "(v) At the rate of $125.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by firm clerks; "(vi) For public finance work, at the standard posted rates of the personnel providing services, but the total fee for each issue or series of bonds or other obligations shall not exceed an amount which the City Manager or Finance Director determines to be fair and reasonable; and "(vii) Litigation services, other than tort defense or eminent domain, will be charged at a discount of 20% from Attorneys' then currently posted hourly rates subject to approval by Agency's Executive Director on a case-by-case basis. "B. Attorneys shall be reimbursed for out-of-pocket expenses incident to services performed in addition to other payments provided for herein, such out-of-pocket expenses to include long-distance telephone charges, extraordinary reproduction costs and non -automobile travel expenses in the event Attorneys are required to travel other than in the San Bernardino, Riverside, Los Angeles and Orange County areas on behalf of Agency" Section 2. Other than is expressly amended hereby, the Agreement in each and every term and provision stated therein shall remain in full force and effect. 11231-0001\2031654v1.doc 2 P142 WHEREFORE, the parties have executed this Amendment No. 3 as of the dates set forth below opposite the name of each such party. SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RICHARDS, WATSON & GERSHON A Professional Corporation By: By: Chairman Dated: Dated: ATTEST: By: Secretary 11231-0001 \203 1654v 1.doc 3 P143 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Check No. Check Date Vendor Name AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00007104 00007105 00007106 00007107 00007108 00007109 00380383 00380384 00380385 00380386 00380387 00380388 00380389 00380390 00380391 00380392 00380393 00380394 00380395 00380396 00380397 00380398 00380399 00380400 00380401 00380402 00380403 00380404 00380405 00380408 00380409 00380410 00380411 00380412 00380413 00380414 00380415 00380416 00380417 00380418 00380419 00380420 00380421 00380422 00380423 00380424 00380425 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA EXELON GENERATION CO. LLC. POWEREX CORP RCCEA RCPFA RIVERSIDE, CITY OF A AND R TIRE SERVICE ADOBE ANIMAL HOSPITAL ADVANCED CHEMICAL TRANSPORT AFSS SOUTHERN DIVISION ALBERT GROVER & ASSOCIATES ALCONCEL, FRANKLIN P ALLIANT INSURANCE SERVICES INC. ALLIED UNIVERSAL SECURITY SERVICES ALPHAGRAPHICS APPA APPA ASIAN GANG INVESTIGATOR'S ASSOC. OF CA AUNTIE ROXIES LIFE OF THE PARTY BARNES AND NOBLE BATTERY POWER INC BEST BEST AND KRIEGER BLAINE WINDOW HARDWARE INC. BLUM ELECTRIC BRIGHTVIEW LANDSCAPE SERVICES INC. BUTSKO UTILITY DESIGN INC. CVWD CVWD CVWD CVWD CABLE INC. CAJIUT, RHODERIC CANALES CONSTRUCTION CARQUEST AUTO PARTS CDW GOVERNMENT INC. CENTRAL SCHOOL DISTRICT CHEN, GUIJU CHURCH OF CHRIST CINTAS CORPORATION #150 CLIENT FIRST CONSULTING GROUP COIT SERVICES INC. CONCEPT POWDER COATING CRIME SCENE STERI-CLEAN LLC D & D SERVICES INC. DAN GUERRA AND ASSOCIATES DEALER ALTERNATIVE SOLUTIONS DELL MARKETING L.P. City. 74,792.00 141,617.40 136,302.44 1,802.50 11,512.37 6,484.00 247.12 100.00 1,376.50 0.00 3,230.00 500.00 895.00 82,834.80 1,009.28 1,200.25 6,001.27 495.00 898.15 944.20 433.55 1,494.50 842.35 9,053.89 96,409.75 7,495.32 3,449.25 1,142.60 298.61 19,009.30 1,294.21 500.00 500.00 1,151.36 3,175.74 15,410.00 20.00 281.13 0.00 350.00 150.00 1,360.00 540.00 430.00 21,510.00 3,305.35 1,295.91 P144 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,068.09 0.00 0.00 0.00 239.62 0.00 0.00 0.00 0.00 228.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 74,792.00 141.617.40 136,302.44 1,802.50 11,512.37 6,484.00 247.12 100.00 1.376.50 50.00 3,230.00 500.00 895.00 82,834.80 1,009.28 1,200.25 6,001.27 495.00 898.15 944.20 433.55 1,494.50 842.35 9,053.89 96,409.75 7,495.32 3.449.25 1,142.60 298.61 20.077.39 *** 1,294.21 500.00 500.00 1.390.98 *** 3,175.74 15,410.00 20.00 281.13 228.15 350.00 150.00 1,360.00 540.00 430.00 21,510.00 3,305.35 1,295.91 User: VLOPEZ - VERONICA LOPEZ Page: 1 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 06/13/2017 Time: 15:56:52 Check No. Check Date 00380426 00380427 00380428 00380429 00380430 00380431 00380432 00380433 00380434 00380435 00380436 00380437 00380438 00380439 00380440 00380441 00380442 00380443 00380444 00380445 00380446 00380447 00380448 00380449 00380450 00380451 00380452 00380453 00380454 00380455 00380456 00380457 00380458 00380459 00380460 00380461 00380462 00380463 00380464 00380465 00380466 00380467 00380468 00380469 00380470 00380471 00380472 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name DIXON, BREESHA DUGMORE & DUNCAN INC. ESTRADA, ROBERT EXPRESS BRAKE SUPPLY FACTORY MOTOR PARTS FRONTIER COMM FRS ENVIRONMENTAL GATEWAY PET CEMETERY AND CREMATORY GLOBAL ENVIRONMENTAL NETWORK INC. GLOBALSTAR USA GOOD YEAR TIRE AND RUBBER CO. GRAINGER GRAPHICS FACTORY INC. HAAKER EQUIPMENT CO HAN, ALBERT HENRY SCHEIN ANIMAL HEALTH SUPPLY HERC RENTALS INC. HERITAGE EDUCATION GROUP HILLS PET NUTRITION SALES INC HOSE MAN INC HOYT LUMBER CO., SM HUB CONSTRUCTION SPECIALTIES INC HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN1 IDEXX DISTRIBUTION INC IMPETT, VICTORIA ANN INLAND VALLEY EMERGENCY PET CLINIC INTERNATIONAL LINE BUILDERS INC INTERVET INC JACOBSEN DIVISION OF TEXTRON INC JOHN BURR CYCLES INC JRC HOUSING JRC HOUSING KIMBALL MIDWEST KVAC ENVIRONMENTAL SERVICES INC LIGHTHOUSE, THE MACIAS-NAVARRO, MARTHA MADRONE & ARROW LLC MADRONE & ARROW LLC MARIPOSA LANDSCAPES INC MARK CHRISTOPHER CHARITY CLASSIC MARTINEZ TOWING MARY S ROBERTS SPAY/NEUTER CLINIC MATLOCK ASSOCIATES MCMASTER CARR SUPPLY COMPANY MEDIWASTE DISPOSAL MIDWEST TAPE MIG 145.25 1,147.80 270.00 129.58 0.00 161.75 276.00 290.00 3,400.00 83.90 1,414.47 1,928.76 83.51 110.93 3,000.00 169.96 1,449.35 45.00 1,296.40 0.00 0.00 2,014.06 100.00 3,730.92 418.81 985.00 6,111.86 4,975.65 390.04 496.69 6,520.00 5,505.00 881.33 1,034.35 0.00 250.00 6,127.00 613.00 62,177.46 0.00 100.00 50.00 4,650.00 1,171.60 65.00 2,367.90 2,875.00 P145 Fire Amount 0.00 0.00 0.00 0.00 377.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 76.39 34.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 120.85 0.00 0.00 0.00 0.00 377.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 145.25 1,147.80 270.00 129.58 377.03 161.75 276.00 290.00 3,400.00 83.90 1,414.47 1,928.76 83.51 110.93 3,000.00 169.96 1,449.35 45.00 1,296.40 76.39 34.89 2,014.06 100.00 3,730.92 418.81 985.00 6,111.86 4,975.65 390.04 496.69 6,520.00 5,505.00 881.33 1,034.35 120.85 250.00 6,127.00 613.00 62,177.46 377.05 100.00 50.00 4,650.00 1,171.60 65.00 2,367.90 2,875.00 User: VLOPEZ - VERONICA LOPEZ Page: 2 Report: CK_AGENDA_REG__PO Current Date: 06/13/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380473 00380474 00380475 00380476 00380477 00380478 00380479 00380480 00380481 00380482 00380483 00380484 00380485 00380486 00380487 00380488 00380489 00380490 00380491 00380492 00380493 00380494 00380495 00380496 00380497 00380498 00380499 00380500 00380501 00380502 00380503 00380504 00380505 00380506 00380507 00380508 00380509 00380510 00380511 00380512 00380514 00380515 00380516 00380517 00380518 00380519 00380520 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name MIJAC ALARM COMPANY MILANES, YIKCIA MOTHERS AGAINST DRUNK DRIVING (MADD) MOUNTAIN VIEW GLASS AND MIRROR INC MOUNTAIN VIEW INLAND POOL SUPPLY & REPAIR MOUNTAIN VIEW POOL REMODELING MOUNTAIN VIEW SMALL ENG REPAIR MSNOC INC NEOPOST USA INC NEWCO DISTRIBUTORS INC NORTHTOWN HOUSING DEVELOPMENT CORP. ONTARIO SPAY AND NEUTER INC ONTARIO WINNELSON CO OPARC PESTEL, PAUL PETES ROAD SERVICE INC PHOENIX GROUP INFORMATION SYSTEMS PIRTLE WELDING PRISTINE UNIFORMS LLC PRO -LINE INDUSTRIAL PRODUCTS INC PRODUCT DEVELOPMENT INC. PSA PRINT GROUP PSA PRINT GROUP RANCHO REGIONAL VETERINARY HOSPITAL INC RDO EQUIPMENT COMPANY RODRIGUEZ INC, RY ROSE BRAND WIPERS INC ROTO ROOTER ROYAL WHOLESALE ELECTRIC S R G GEOSCIENCES & ENGINEERING SAN ANTONIO REGIONAL HOSPITAL SAN BERNARDINO CTY SCOTT, MICHAEL SHRED PROS SIEMENS INDUSTRY INC SIGN SHOP, THE SITEONE LANDSCAPE SUPPLY LLC SMITH, DIANA SO CALIF GAS COMPANY SOUTH COAST AQMD SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC SOUTHLAND SPORTS OFFICIALS SPARTAN MOTORS INC SPECIALIZED CARE FOSTER FAMILY AGENCY STEVE CUNNINGHAM STOR'EM SELF STORAGE Cit ' 1,482.78 1,881.00 400.00 1,696.89 650.00 450.00 71.05 2,050.00 266.93 869.94 402.73 350.00 644.30 352.00 6.00 108.04 58.53 800.00 66.79 573.41 6,543.00 1,333.84 205.85 100.00 10.96 4,537.57 6.76 478.73 7,539.94 95.00 0.00 0.00 50.77 0.00 1,306.25 385.07 152.49 169.12 6,775.17 125.47 3,452.51 643.00 184.00 0.00 259.38 500.00 895.00 P146 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150.00 11,985.89 0.00 76.00 0.00 0.00 0.00 0.00 166.65 250.94 0.00 0.00 0.00 0.22 0.00 0.00 0.00 1.482.78 1,881.00 400.00 1.696.89 650.00 450.00 71.05 2,050.00 266.93 869.94 402.73 350.00 644.30 352.00 6.00 108.04 58.53 800.00 66.79 573.41 6.543.00 1,333.84 205.85 100.00 10.96 4,537.57 6.76 478.73 7,539.94 95.00 150.00 11,985.89 50.77 76.00 1,306.25 385.07 152.49 169.12 6.941.82 *** 376.41 *** 3,452.51 643.00 184.00 0.22 259.38 500.00 895.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Report: CK_AGENDA_REG_PO Current Date: 06/13/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date 00380521 00380522 00380523 00380524 00380525 00380526 00380527 00380528 00380529 00380530 00380531 00380532 00380533 00380534 00380535 00380536 00380537 00380538 00380539 00380540 00380541 00380542 00380546 00380547 00380548 00380549 00380550 00380551 00380552 00380553 00380554 00380555 00380556 00380557 00380558 00380559 00380560 00380561 00380562 00380563 00380564 00380565 00380566 00380567 00380568 00380569 00380570 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 05/31/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/01/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name STOTZ EQUIPMENT STOVER SEED COMPANY SYSCO LOS ANGELES INC THOMSON REUTERS WEST PUBLISHING CORP TICKETS.COM U.S. BANK PARS ACCT #6746022500 U.S. BANK PARS ACCT #6746022500 U.S. BANK PARS ACCT #6746022500 UNIVERSITY ENTERPRISES CORP n,. CSUSB, THE UPS VAN SCOYOC ASSOCIATES INC VERDUGO, MANUEL VERIZON BUSINESS VISION COMMUNICATIONS CO WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WEST END MATERIAL SUPPLY WHITE CAP CONSTRUCTION SUPPLY WHITE HOUSE PHOTO INC WILSON & BELL AUTO SERVICE ABC LOCKSMITHS BRODART BOOKS CITRUS MOTORS ONTARIO INC GENERATOR SERVICES CO GRANICUS INC HOLLIDAY ROCK CO INC INTERSTATE BATTERIES OFFICE DEPOT TOMARK SPORTS INC A.Y. NURSERY INC. ACEY DECY EQUIPMENT INC. ADAPT CONSULTING INC ADVANCED EQUIPMENT CORP. AFLAC GROUP INSURANCE ALLIANT INSURANCE SERVICES INC. ALPHAGRAPHICS AMTECH ELEVATOR SERVICES ARCHITERRA DESIGN GROUP ASBURY ENVIRONMENTAL SERVICES ASSI SECURITY AUFBAU CORPORATION BLUM ELECTRIC BRAUN BLAISING SMITH WYNNE P.C. BRIGHTVIEW LANDSCAPE SERVICES INC. BUREAU VERITAS NORTH AMERICA INC BURGHER, JUSTIN 558.40 7,919.63 495.78 347.55 15,000.00 2,851.94 573.92 6,605.00 15,000.00 331.79 4,000.00 250.00 10.17 180.00 362.11 10,407.26 0.00 100.25 706.29 350.00 727.92 1,399.41 6,325.42 0.00 907.99 2,072.48 4,512.86 0.00 4,526.92 467.06 1,099.05 151.48 0.00 919.62 40.97 214.00 259.35 556.20 2,475.00 0.00 1,297.50 15,666.00 1,355.82 4,461.75 16,172.17 3,115.44 0.00 P147 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.37 0.00 468.49 0.00 0.00 0.00 0.00 0.00 0.00 216.66 0.00 0.00 0.00 226.95 0.00 0.00 0.00 0.00 959.77 0.00 0.00 0.00 0.00 0.00 0.00 120.00 0.00 0.00 0.00 0.00 0.00 0.00 241.36 558.40 7,919.63 495.78 347.55 15,000.00 2.851.94 573.92 6,605.00 15,000.00 331.79 4,000.00 250.00 10.17 180.00 370.48 *** 10,407.26 468.49 100.25 706.29 350.00 727.92 1,399.41 6,325.42 216.66 907.99 2,072.48 4,512.86 226.95 4,526.92 467.06 1,099.05 151.48 959.77 919.62 40.97 214.00 259.35 556.20 2,475.00 120.00 1,297.50 15,666.00 1.355.82 4,461.75 16,172.17 3,115.44 241.36 User: VLOPEZ - VERONICA LOPEZ Page: 4 Report: CK_AGENDA_REG_PO RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1. Current Date: 06/13/2017 Time: 15:56:52 Check No. Check Date 00380573 00380574 00380575 00380576 00380577 00380578 00380579 00380580 00380581 00380582 00380583 00380584 00380585 00380586 00380587 00380588 00380589 00380590 00380591 00380592 00380593 00380594 00380595 00380596 00380597 00380598 00380599 00380600 00380601 00380602 00380604 00380605 00380606 00380607 00380608 00380609 00380610 00380611 00380612 00380613 00380614 00380615 00380616 00380617 00380618 00380619 00380620 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name CVWD CALIFORNIA TRAINING OFFICERS ASSOCIATION CALIFORNIA, STATE OF CALIFORNIA, STATE OF CALIFORNIA, STATE OF CASTELLUCCI, CECIL CCAC CDW GOVERNMENT INC. CHAMPION AWARDS AND SPECIALTIES CHARTER COMMUNICATIONS CHINO MOWER AND ENGINE SERVICE CINTAS CORPORATION #150 CLIMATEC LLC COAST RECREATION INC COMEAU, CHAD CONVERGEONE INC. CREATIVE PROMOTIONAL IDEAS CROP PRODUCTION SERVICES INC CROSBY, SHAWN CUSTOM MOUSE PADS D AND K CONCRETE COMPANY DAVID TAUSSIG AND ASSOCIATES INC. DELFIN, JUSTIN DEPARTMENT OF FORESTRY AND FIRE PROTECTION DIAMOND ENVIRONMENTAL SERVICES DUMBELL MAN FITNESS EQUIPMENT, THE ED MARTIN DESIGN EPSTEIN, SHAWN FEDERAL EXPRESS CORP FLEET SERVICES INC. FRONTIER COMM GEOGRAPHICS GRAINGER GRAVES & KING LLP GROVE LUMBER HEPNER, MIREYA HILLS PET NUTRITION SALES INC HOYT LUMBER CO., SM HUB CONSTRUCTION SPECIALTIES INC HUMANE SOCIETY OF SAN BERNARDINO VALLEY INI INDEPENDENT ROOFING CONSULTANTS INK SLINGER SCREEN PRINTING & EMBROIDERY INLAND EMPIRE TOURS AND TRANSPORTATION INNERLINE ENGINEERING INC INTERWEST CONSULTING GROUP INC J J KELLER AND ASSOC INC JOHNNY ALLEN TENNIS ACADEMY 57,621.70 0.00 8.44 60.00 100.00 350.00 200.00 1,571.31 85.66 235.82 1,465.34 0.00 5,474.01 5,276.64 0.00 9,942.00 0.00 2,101.15 425.00 91.78 2,647.43 2,310.00 15.00 0.00 1,119.70 150.00 1,212.50 0.00 22.55 0.00 7,207.03 753.25 1,375.38 1,779.09 146.91 61.72 1.573.03 0.00 1,777.88 50.00 900.00 3,993.75 1,138.00 2,880.00 16,359.52 297.39 428.40 Fire 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 534.92 0.00 255.87 0.00 0.00 261.00 0.00 3,203.48 0.00 0.00 0.00 0.00 0.00 0.00 33,233.77 0.00 0.00 0.00 200.00 0.00 1.167.26 1,506.35 0.00 0.00 0.00 0.00 0.00 0.00 14.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P148 Amount 57.621.70 50.00 8.44 60.00 100.00 350.00 200.00 1.571.31 85.66 770.74 *** 1,465.34 255.87 5,474.01 5,276.64 261.00 9,942.00 3,203.48 2,101.15 425.00 91.78 2,647.43 2,310.00 15.00 33,233.77 1,119.70 150.00 1,212.50 200.00 22.55 1,167.26 8.713.38 *** 753.25 1,375.38 1,779.09 146.91 61.72 1,573.03 14.34 1,777.88 50.00 900.00 3,993.75 1,138.00 2,880.00 16,359.52 297.39 428.40 User: VLOPEZ - VERONICA LOPEZ Page: 5 Report: CK_AGENDA_REG_ PO Current Date: 06/13/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380621 00380622 00380623 00380626 00380627 00380628 00380629 00380630 00380631 00380632 00380633 00380634 00380635 00380636 00380637 00380638 00380639 00380640 00380641 00380642 00380643 00380644 00380645 00380646 00380647 00380648 00380649 00380650 00380651 00380652 00380653 00380654 00380655 00380656 00380657 00380658 00380659 00380660 00380661 00380662 00380663 00380664 00380665 00380666 00380667 00380668 00380669 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name JONES, CHRISTINA HAATAINEN KAISER FOUNDATION HEALTH PLAN INC LAVISHED PRINTING INC LOWES COMPANIES INC. LU'S LIGHTHOUSE INC MABRY, JONATHAN E MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARTINEZ, ALEC MARTINEZ, SERGIO MATHESON TRI -GAS INC MC TRUCKING MCFADDEN DALE HARDWARE MCMASTER CARR SUPPLY COMPANY MIDWEST TAPE MOUNTAIN VIEW GLASS AND MIRROR INC MOUNTAIN VIEW POOL REMODELING MOUNTAIN VIEW SMALL ENG REPAIR NAPA AUTO PARTS OCCUPATIONAL HEALTH CTRS OF CA OCLC INC ONTARIO SPAY AND NEUTER INC ONTARIO WINNELSON CO OVERDRIVE INC PARKES, DR KEVIN PEPSI -COLA PIONEER MANUFACTURING PRE -PAID LEGAL SERVICES INC RANCHO CUCAMONGA CHAMBER OF COMMERCE RBM LOCK AND KEY SERVICE RC PHOTO CLUB INC RDO EQUIPMENT COMPANY RESOURCE BUILDING MATERIALS RICHARDS WATSON AND GERSHON RITENOUR MUSIC LLC RJM DESIGN GROUP INC ROSE BRAND WIPERS INC ROSEBURROUGH TOOLS INC ROTO ROOTER ROYAL WHOLESALE ELECTRIC SAN BERNARDINO CTY OFFICE OF THE ASSESSOR SBPEA SC FUELS SC FUELS SCHULTZ PIANO SERVICE SHEAKLEY PENSION ADMINISTRATION SHEAKLEY PENSION ADMINISTRATION P149 fiq Fire Amount 1,101.08 209,993.36 969.75 8,822.27 0.00 500.00 2,027.00 0.00 181.23 50.00 1,528.97 1,663.16 222.13 629.10 1,807.91 3,647.56 650.00 108.81 0.00 0.00 53.53 550.00 81.87 12,000.00 0.00 182.93 2,056.43 96.59 3,174.00 81.62 210.00 221.88 941.23 2,875.00 350.00 18,285.93 4,670.11 1,131.62 165.00 11,524.30 840.00 970.13 18,879.68 2,487.94 110.00 0.00 330.70 0.00 0.00 0.00 1,091.97 87.27 0.00 0.00 377.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 212.27 13,575.00 0.00 0.00 0.00 0.00 6,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 155.95 0.00 1,101.08 209,993.36 969.75 9,914.24 *** 87.27 500.00 2,027.00 377.05 181.23 50.00 1,528.97 1.663.16 222.13 629.10 1,807.91 3,647.56 650.00 108.81 212.27 13.575.00 53.53 550.00 81.87 12,000.00 6,000.00 182.93 2,056.43 96.59 3,174.00 81.62 210.00 221.88 941.23 2.875.00 350.00 18,285.93 4.670.11 1,131.62 165.00 11,524.30 840.00 970.13 18,879.68 2,487.94 110.00 155.95 330.70 User: VLOPEZ - VERONICA LOPEZ Page: 6 Report: CK_AGENDA_REG PO RTRAIT_CONSOLIDATED - CK: Agenda Check Register Current Date: 06/13/2017 Portrait I Time: 15:56:52 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380670 00380671 00380672 00380673 00380674 00380675 00380676 00380677 00380678 00380681 00380682 00380683 00380684 00380685 00380686 00380687 00380688 00380689 00380690 00380691 00380692 00380693 00380694 00380695 00380696 00380697 00380698 00380699 00380700 00380701 00380702 00380708 00380709 00380710 00380711 00380712 00380713 00380715 00380716 00380717 00380718 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/07/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/08/2017 06/12/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 Vendor Name SHERIFFS COURT SERVICES SHOETERIA SHOR-LINE SIGN SHOP, THE SILVER & WRIGHT LLP SITEONE LANDSCAPE SUPPLY LLC SO CALIF GAS COMPANY SO CALIF GAS COMPANY SOCIAL VOCATIONAL SERVICES SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHLAND FARMERS MARKET ASSOC INC STANDARD INSURANCE COMPANY STANDARD INSURANCE COMPANY STOTZ EQUIPMENT STOVER SEED COMPANY THOMPSON PLUMBING SUPPLY INC TOVEY/SHULTZ CONSTRUCTION INC U S LEGAL SUPPORT INC UNITED PACIFIC SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UTILIQUEST WAXIE SANITARY SUPPLY WE TIP INC WESTCOAST MEDIA WORD MILL PUBLISHING ABC LOCKSMITHS AIRGAS USA LLC BRODART BOOKS DUNN EDWARDS CORPORATION EMCOR SERVICE HOLLIDAY ROCK CO INC INLAND VALLEY DAILY BULLETIN LIMS AUTO INC OFFICE DEPOT ORKIN PEST CONTROL SAN BERNARDINO CTY CALIFORNIA, STATE OF P150 g_q Fire Amount 446.95 0.00 446.95 650.90 0.00 650.90 163,762.73 0.00 163,762.73 206.87 0.00 206.87 33,775.75 0.00 33,775.75 209.05 0.00 209.05 668.73 150.89 819.62 *** 1,080.04 0.00 1,080.04 6,776.00 0.00 6.776.00 23,490.42 2,213.74 25,704.16 *** 149.01 0.00 149.01 23.35 0.00 23.35 2,066.01 0.00 2,066.01 518.00 0.00 518.00 3,882.21 0.00 3,882.21 13,167.49 0.00 13,167.49 472.78 0.00 472.78 511.82 0.00 511.82 678.07 0.00 678.07 626,398.06 0.00 626,398.06 964.46 0.00 964.46 87,095.00 0.00 87,095.00 240.78 0.00 240.78 131.00 0.00 131.00 4,800.55 0.00 4,800.55 5,332.94 0.00 5,332.94 8,715.25 0.00 8,715.25 1,498.00 0.00 1,498.00 1,600.00 0.00 1,600.00 5,299.22 0.00 5,299.22 0.00 60.34 60.34 16,882.81 0.00 16, 882.81 39.32 0.00 39.32 1,005.00 0.00 1,005.00 4,274.77 0.00 4,274.77 13,179.60 0.00 13,179.60 3,839.06 0.00 3,839.06 2,182.65 0.00 2,182.65 831.16 0.00 831.16 30,900.32 11,283.24 42,183.56 *** 1,680.00 0.00 1,680.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 06/13/2017 Report: CK_AGENDA REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/30/2017 through 6/12/2017 P151 Check No. Check Date Vendor Name Cit Fire Amount Note: *** Check Number includes both City and Fire District expenditures Total City: $2,494,669.53 Total Fire: $93,078.08 Grand Total: $2,587,747.61 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 06/13/2017 Report: CK AGENDA_REG PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 15:56:52 P152 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register May 1, 2017 - May 31, 2017 DATE DESCRIPTION CITY FIRE AMOUNT 5/1 WIRE TRANSFER - To California ISO 8,986.95 8,986.95 5/1 Workers Comp - City Account Transfer 945.55 945.55 5/1 Workers Comp - Fire Account Transfer 511 38 511.38 5/2 AUTHNET GATEWAY BILLING CCD 96422441 63.65 63.65 5/2 CALPERS - City - Retirement Account Deposit 2,695.77 2,695.77 5/2 U.S. BANK - Purchasing Card Payment - April 2017 58,564.54 15,375.43 73,939.97 5/2 U.S. BANK - Corporate Card Payment - April 2017 69,748.23 25,482 14 95,230.37 5/2 Workers Comp - City Account Transfer 1,093.54 1,093.54 5/3 Workers Comp - City Account Transfer 1,010.95 1,010.95 5/3 Workers Comp - Fire Account Transfer 547.52 547.52 5/4 Workers Comp - City Account Transfer 981.75 981.75 5/4 Workers Comp - Fire Account Transfer 832 59 832.59 5/5 Workers Comp - City Account Transfer 1,134.64 1,134.64 5/8 WIRE TRANSFER - To California ISO 56,932.27 56,932.27 5/8 Workers Comp - City Account Transfer 392.00 392.00 5/8 Workers Comp - Fire Account Transfer 1,516.96 1,516.96 5/9 Workers Comp - City Account Transfer 1,637.40 1,637.40 5/10 STATE DISBURSEMENT UNIT - Child Support Payments 2,366.08 2,366.08 5/10 Workers Comp - City Account Transfer 1,300.62 1,300.62 5/10 Workers Comp - Fire Account Transfer 542.35 542.35 5/11 CALPERS - Fire - Retirement Account Deposit 1,571.28 1,571.28 5/11 CALPERS - Fire - Retirement Account Deposit 1,986.65 1,986.65 5/11 CALPERS - Fire - Retirement Account Deposit 5,989.11 5,989.11 5/11 CALPERS - Fire - Retirement Account Deposit 6,464.75 6,464.75 5/11 CALPERS - Fire - Retirement Account Deposit 6,832.08 6,832.08 5/11 CALPERS - Fire - Retirement Account Deposit 112,432.17 112,432.17 5/11 STATE DISBURSEMENT UNIT - Child Support Payments 4,809.38 4,809.38 5/11 Workers Comp - City Account Transfer 1,410 11 1,410.11 5/11 Workers Comp - Fire Account Transfer 232.00 232.00 5/12 Workers Comp - City Account Transfer 2,005.28 2,005.28 5/15 CALPERS - City - Retirement Account Deposit 48,621 79 48,621.79 5/15 CALPERS - City - Retirement Account Deposit 193,689.34 193,689.34 5/15 WIRE TRANSFER - To California ISO 11,074.02 11,074.02 5/15 Workers Comp - City Account Transfer 230.66 230.66 5/15 Workers Comp - Fire Account Transfer 3,118.23 3,118.23 5/16 Workers Comp - City Account Transfer 2,754.69 2,754.69 5/17 Workers Comp - City Account Transfer 800.00 800.00 5/17 Workers Comp - Fire Account Transfer 5,220.00 5,220.00 5/18 Workers Comp - City Account Transfer 3,049.68 3,049.68 5/18 Workers Comp - Fire Account Transfer 1,752.27 1,752.27 5/19 Workers Comp - City Account Transfer 580.00 580.00 5/19 Workers Comp - Fire Account Transfer 12,577.56 12,577.56 5/22 WIRE TRANSFER - To California ISO 5,881.69 5,881.69 5/22 Workers Comp - City Account Transfer 2,672.51 2,672.51 5/22 Workers Comp - Fire Account Transfer 4,271.58 4,271.58 5/23 Workers Comp - City Account Transfer 244.79 244.79 5/24 STATE DISBURSEMENT UNIT - Child Support Payments 2,330.33 2,330.33 5/24 Workers Comp - City Account Transfer 696.20 696.20 5/24 Workers Comp - Fire Account Transfer 8,461.20 8,461.20 5/25 ANALYSIS DEFICIT - Bank Fee - MAY 2017 29,314.05 29,314.05 5/25 CALPERS - City - Retirement Account Deposit 48,347.90 48,347.90 5/25 CALPERS - City - Retirement Account Deposit 190,163.23 190,183.23 5/25 CALPERS - Fire - Retirement Account Deposit 1,780.32 1,780.32 5/25 CALPERS - Fire - Retirement Account Deposit 2,183.63 2,183.63 5/25 CALPERS - Fire - Retirement Account Deposit 5,989.10 5,989.10 5/25 CALPERS - Fire - Retirement Account Deposit 6,393.36 6,393.36 5/25 CALPERS - Fire - Retirement Account Deposit 6,832.08 6,832.08 5/25 CALPERS - Fire - Retirement Account Deposit 106,977.60 106,977.60 5/25 STATE DISBURSEMENT UNIT - Child Support Payments 3,844.83 3,844.83 1 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register May 1, 2017 - May 31, 2017 DATE DESCRIPTION CITY FIRE AMOUNT 5/25 Workers Comp - City Account Transfer 1,821.48 1,821.48 5/25 Workers Comp - Fire Account Transfer 376.56 376.56 5/26 Workers Comp - City Account Transfer 1,371.74 1,371.74 5/26 Workers Comp - Fire Account Transfer 1,997.53 1,997.53 5/30 Workers Comp - Fire Account Transfer 2,508.22 2,508.22 5/31 U.S. BANK - Purchasing Card Payment - May 2017 55,466.96 13,893.70 69,360.66 5/31 U.S. BANK - Corporate Card Payment - April 2017 75,027.92 20,054.86 95,082.78 5/31 Workers Comp - City Account Transfer 923 22 923.22 GRAND TOTAL 2 P153 $ 886,331.53 $ 393,358.42 $ 1,279,689.95 BO SL MVO L/90 elea un21 Reporting period 05/01/2017-05/31/2017 0) m O CD ( ND CD ca C O: 7 0 N S 0 a 3 3 0) O m a CO0_. 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Layne, Finance Director V ` SUBJECT: CONSIDERATION OF APPROVAL OF CORRECTIONS TO AMENDED FISCAL YEAR 2016/17 APPROPRIATIONS RECOMMENDATION: It is recommended that the City Council approve the corrections to the Amended Fiscal Year 2016/17 Appropriations as submitted. BACKGROUND: On May 3, 2017, the City Council approved the Amended Fiscal Year (FY) 2016/17 Appropriations. Subsequent to the approval of the amended appropriations, it was determined that certain line items within the amended appropriations would be insufficient to fund the remainder of the fiscal year. Consequently, it is necessary for staff to submit corrections to certain line items included in the amended appropriations. ANALYSIS: In order to ensure that sufficient funding is available for all know expenditures, staff is requesting the City Council approve the corrections to the Amended FY 2016/17 Appropriations as detailed in the table below: CORRECTIONS TO AMENDED FISCAL YEAR 2016/17 APPROPRIATIONS Fund Description Object Description Amended FY 2016/17 Corrected FY 2016/17 r 008 County of San Brdo Reimb 5300 Contract Services - 93,300 r 025 Capital Reserve Fund 5602 Capital Outlay -Bldg & Impry 1,261,400 1,433,440 5606 Cap Outlay-Furn/Fixtures - 150,000 234 Safe Routes to School 5200 Operations & Maintenance 2,850 5,030 354 COPS Program Grant -State 5200 Operations & Maintenance 1,000 3,000 617 CFD 2004-01 Rancho Etiwanda Estates 5725 Other Expenditures - 28,560 FISCAL IMPACT: The net impact across all funds requiring corrections is an increase of $448,080. Page 1 of 2 CITY COUNCIL STAFF REPORT CONSIDERATION OF APPROVAL OF CORRECTIONS TO AMENDED FISCAL YEAR 2016/17 APPROPRIATIONS JUNE 21, 2017 Page 2 COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: None Page2of2 P166 P167 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION RECOMMENDATION: It is recommended that the City Council approve Amendment No. 3 to the Amended and Restated Agreement for Professional Legal Services with Richards, Watson & Gershon, A Professional Corporation. BACKGROUND: The City, Fire District, and Successor Agency (formerly the Rancho Cucamonga Redevelopment Agency) have contracted for legal services with City Attorney James Markman and his affiliate legal firms since the mid -1980's. Each of the City's three entities have individual agreements with James Markman's firm of Richards, Watson & Gershon that outline hourly rate structures, legal retainers, hourly rates for litigation, and specialized legal services. The most recent amendments to the agreements with the City, Fire District, and Successor Agency were executed in 2006. James Markman, on behalf of Richards, Watson & Gershon, has submitted proposed amendments to the agreements that the firm has with the three City related entities. ANALYSIS: If approved, the amendments would become effective on July 1, 2017. The cost impact has been incorporated into the Preliminary Fiscal Year 2017/18 Budget. FISCAL IMPACT: The table below illustrates the proposed changes to the hourly rates, as well as for the monthly retainer charged to the Fire District. As indicated above, the cost impact of these proposed changes has been incorporated into the Preliminary Fiscal Year 2017/18 Budget. Page 1 of 2 CITY COUNCIL STAFF REPORT CONSIDERATION TO APPROVE AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON, A PROFESSIONAL CORPORATION JUNE 21, 2017 Page 2 Rate Category Current Rate/Hour Proposed Rate/Hour $ Increase % Increase Monthly retainer- Fire District $900/month $1,000/month $100/month 11.11% First sixty (60) hours of work - City $ 190.00 $ 205.00 $ 15.00 7.89% Hourly work performed by: James L. Markman $ 215.00 $ 230.00 $ 15.00 6.98% Other shareholders and senior associates and contract attorneys $ 205.00 $ 220.00 $ 15.00 7.32% Other firm associates $ 185.00 $ 200.00 $ 15.00 8.11% Firm paralegals $ 150.00 $ 165.00 $ 15.00 10.00% Firm clerks $ 110.00 $ 125.00 $ 15.00 13.64% COUNCIL GOAL(S) ADDRESSED: Not applicable ATTACHMENTS: Attachment 1 — Amendment No. 3 to Amended and Restated Agreement for Legal Services with Richards, Watson & Gershon, A Professional Corporation Page 2 of 2 P168 AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES This Amendment No. 3 is made and entered into by and between CITY OF RANCHO CUCAMONGA ("City" hereinafter) and RICHARDS, WATSON & GERSHON, A Professional Corporation ("Attorneys" hereinafter). RECITALS (i) On July 1, 2006 City and Attorneys entered into Amendment No. 1 to an Agreement entitled "Amended and Restated Agreement for Professional Legal Services, City Attorney" ("the Agreement" hereinafter). (ii) It is the purpose of this Amendment No. 3 to amend the Agreement as to rates for services charged by Attorneys to City commencing July 1, 2017. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Paragraph A of Section 4 of the Agreement is amended by to read as follows: "A. The first sixty (60) hours of work performed hereunder, regardless of which firm attorney performs those services, shall be compensated at the rate of $205.00 per hour. The first sixty (60) hours each month shall be calculated by adding together all time expended by attorneys in attending Council meetings and Planning Commission meetings and, if necessary, adding thereto the first hours of service delivered during that month, other than on litigation, on a chronological basis." Section 2. Paragraph B of Section 4 of the Agreement is amended to read as follows: "B. Attorneys shall be compensated for all other work performed in accordance with the following rates: "(i) At the rate of $230.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by James L. Markman. "(ii) At the rate of $220.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work 11231-0001\1584005v1.doc P169 1 ATTACHMENT 1 performed by other shareholders and senior associates and contract attorneys (those with at least fifteen (15) years experience as licensed attorneys); "(iii) At the rate of $200.00 per hour commencing July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by other firm associates; "(iv) At the rate of $165.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by firm paralegals; "(v) At the rate of $125.00 per hour from July 1, 2017 unless and until modified by a subsequent amendment to the Agreement for work performed by firm clerks; "(vi) For public finance work, at the standard posted rates of the personnel providing services, but the total fee for each issue or series of bonds or other obligations shall not exceed an amount which the City Manager or Finance Director determines to be fair and reasonable; "(vii) Litigation services, other than tort defense or eminent domain, will be charged at a discount of 20% from Attorneys' then current posted hourly rates subject to approval of the City Manager on a case-by- case basis; and "(viii) Attorneys shall be reimbursed for out-of-pocket expenses incident to services performed in addition to other payments for herein, such out-of-pocket expenses to include long-distance telephone charges, extraordinary reproduction costs and non -automobile travel expenses in the event Attorneys are required to travel other than in the San Bernardino, Riverside, Los Angeles and Orange County areas on behalf of City." Section 3. Other than is expressly amended hereby, the Agreement in each and every term and provision stated therein shall remain in full force and effect. 11231-0001 \ 1584005v 1.doc 2 P170 WHEREFORE, the parties have executed this Amendment No. 3 as of the dates set forth below opposite the name of each such party. CITY OF RANCHO CUCAMONGA RICHARDS, WATSON & GERSHON A Professional Corporation By: Mayor By: Dated: Dated: ATTEST: By: City Clerk 11231-0001\ 1584005v 1.doc 3 P171 P172 CITY OF RANCHO CUCAMONGA DATE: TO: FROM: INITIATED BY: SUBJECT: STAFF REPORT June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Lori Sassoon, Deputy City Manager/Administrative Services Tamara Layne, Finance Director Noah Daniels, Finance Manager 1.1v. CONSIDERATION OF APPROVAL OF RESOLUTIONS ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORTS TO INITIATE PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS; APPROVING THE PRELIMINARY 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, STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7, AND 8, AND PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 FOR FISCAL YEAR 2017/18 AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON. RECOMMENDATION: It is recommended that the City Council adopt Resolutions approving the preparation of the Annual Engineer's Reports to initiate the proceedings to levy annual assessments; approving the preliminary Annual Engineer's Reports; declaring the City Council's intention to levy annual assessments with Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10, Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7, and 8, and Park and Recreation Improvement District No. PD -85 for Fiscal Year 2017/18; and setting a public hearing for July 19, 2017. BACKGROUND: The City of Rancho Cucamonga administers eleven Landscape Maintenance Districts, eight Street Lighting Districts, and one Park and Recreation District (each a "District" and collectively, the "Districts"). Property owners in each district pay an annual assessment on their property tax bill for the maintenance and operation of parks and other landscaping, and street light coverage throughout the general city and communities. Each year, the City Council levies the assessment and reconfirms the Districts by a series of Resolutions and a public hearing. The process, which is set by the Landscaping and Lighting Act of 1972, includes the following steps: 1. City Council adopts resolutions ordering the preparation of the Annual Engineer's Reports Page 1 of 10 P173 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 2 2. City Council accepts the Preliminary Annual Engineer's Reports 3. City Council adopts resolutions of intention and sets the time and place for a public hearing 4. City Council conducts public hearing, and then adopts resolutions confirming the District and Levying the Assessments for the upcoming fiscal year The Preliminary Annual Engineer's Reports are prepared by a registered engineer and contain five parts: 1. Plans and specifications for the intended assessment district improvements 2. A cost estimate of the improvements 3. An assessment diagram of the area to be assessed 4. Assessment amounts based on the level of benefit received from the improvement by each parcel 5. An assessment roll listing the parcels to be assessed The purpose of the Preliminary Annual Engineer's Report is to provide a public document that delineates the improvements expected to be installed or maintained by the district, describes the methods used by the Assessment District Engineer to determine the level of benefit received by each parcel in the district, and provides proposed assessment amounts for each parcel. ANALYSIS: The assessments for each district discussed below were developed individually depending on the specific and unique maintenance and operations for only that District. A detailed description of the improvements and associated costs, the properties to be assessed, and the proposed assessments on each parcel is contained in the Preliminary Annual Engineer's Report for each district. The Districts are not required to comply with Proposition 218 balloting requirements unless the assessments are projected to be increased beyond the voter approved assessments, excluding any approved consumer price index (CPI) increase that was approved by voters. No Proposition 218 vote is required since no assessments for Fiscal Year 2017/18 exceed any previously property owner approved CPI index calculation increases. The Landscaping and Lighting Act of 1972 requires the City Council to accept the Preliminary Annual Engineer's Report at this time; however, approval is not final until after the City Council conducts a public hearing. The Resolutions of Intention set a required public hearing for July 19, 2017, at 7:00 p.m. in the City of Rancho Cucamonga Council Chambers. At the conclusion of the public hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed. Upon final adoption, the Districts will be reconfirmed for Fiscal Year 2017/18 and the assessment amounts will be posted to the County of San Bernardino tax rolls. These assessments will appear as a separate item on the property tax bill for each parcel. Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10 generally provide 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 appurtenant facilities. The City Page 2 of 10 P174 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 3 utilizes current year assessment revenues and (in some cases) contributions from the General Fund to meet each district's annual expenses. When the landscape maintenance districts were established, they were created 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. However, in certain districts, it has been over 20 years since there was an assessment increase so the services must be supplemented by General Fund contributions. Landscape Maintenance District No. 1 (General City) Landscape Maintenance District No. 1 was formed in 1979 and consists of single family residences, multi -family units, parks and trails. The parks include: Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. The boundaries of the District are generally described as the area of the City which is not located within the City's planned development communities. The current assessment rate is $92.21 per single family residence, and the multi -family is $46.11 per dwelling unit. This is the maximum allowable assessment and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. The City General Fund has budgeted a contribution to the District in the amount of $123,410, or 11% of the budgeted expenditures for the District. This amount is the estimated amount equivalent to the "general benefit" provided to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District. While not legally required, this contribution is to assist in preserving service levels of the District. Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) Landscape Maintenance District No. 2 was formed in 1982 and consists of single family residences, condominiums, multi -family units, commercial/industrial and vacant land, parks and trails. The parks include: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park. The boundaries of the District are generally described as the area located south of the 210 Freeway, west of Etiwanda, southwest of the 1-15 Freeway, and east of Haven Each fiscal year, the assessment amount may be increased by the lesser of 3% or the annual percentage change in the CPI. The assessment rate for the District increased by 2.7% from the prior year. The current assessment rate is $489.17 per single family residence, $360.21 per condominium unit, $342.42 per multi -family unit, $2,312.44 per acre for commercial/industrial, $133.41 per acre for public service, and $97.83 per acre for undeveloped lots. A general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, was quantified for the District upon the approval of the Proposition 218 ballot measure in June 2013. As such, the City General Fund has budgeted a contribution to the District in the amount of $293,490, or 8.62% of the budgeted expenditures for the District. Page 3 of 10 P175 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 4 Landscape Maintenance District No. 3A (Hyssop) Landscape Maintenance District No. 3A was formed in 1983 and consists of 9 parcels with a total acreage of 17.88 acres. The boundaries of the District are generally described as the area of the City south and east of Hyssop and south of 6th. The current assessment rate is $413.74 per acre for commercial property. This is the maximum allowable assessment and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. Landscape Maintenance District No. 3B (Commercial Industrial) Landscape Maintenance District No. 3B was formed in 1987 and consists of commercial and industrial parcels. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill on the north, 4th on the south, East on the east and Grove on the west. The current assessment is $282.24 per acre for commercial and industrial property. This is below the maximum allowable assessment of $352.80 per acre as a direct result of the installation of drought tolerant landscaping in the street medians and parking permit revenues at the Metrolink station. There is no change in the assessment rate from the prior year. Landscape Maintenance District No. 4-R (Terra Vista Planned Community) Landscape Maintenance District No. 4-R was formed in 1984 and consists of single family residences, condominiums, multi -family, schools, and commercial/industrial properties. Parks include: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park. The boundaries of the District are generally described as the area located north of Foothill, west of Rochester, east of Haven, south of Base Line and includes the northeast corner of Base Line and Haven. Each fiscal year, the assessment amount may be increased by the lesser of 3.5% or the percentage change in the CPI. However, the assessment rate for the District decreased by 5.0% from the prior year because a reduction still covered budgeted maintenance and operations for the District. The current assessment rate is $397.15 per single family residence, $317.72 per condominium unit, $278.01 per multi -family unit, $1,290.74 per acre for commercial/industrial, $99.29 per acre for public service, and $99.29 per acre for undeveloped lots. This is below the maximum allowable assessment for the District because the current assessment rate supported the estimated expenditures for the District. Landscape Maintenance District No. 5 (Andover) Landscape Maintenance District No. 5 was formed in 1984 and consists of 44 single family homes and the assessments pay for the on-going maintenance of a Tot Lot located on the southwest corner of Andover and Bedford. The boundaries of the District are generally described as the area of the City bounded by Hermosa on the west, 26th to the south, and parcels north of and along Bedford and the parcels west of and along Andover. The current assessment rate is $56.65 per single family residence. This is below the maximum allowable assessment of $113.29 per single family residence. There is no change in the assessment rate from the prior year. Page 4 of 10 P176 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 5 Landscape Maintenance District No. 6-R (Caryn Planned Community) Landscape Maintenance District No. 6-R was formed in 1986 and consists of single family residences and a school. The boundaries of the District are generally described as the area located north of the 210 Freeway, south of Banyan, west of Rochester and east of Milliken. The boundaries also include Tract No. 13835 east of Rochester and Tract Nos. 13748, 13857, and 13858 west of Milliken. Two zones exist within the boundaries of the District. Zone 1 is located west of Rochester and east of Milliken. Zone 2 is located east of Rochester and west of Milliken. Each fiscal year, the assessment amount may be increased by the lesser of 3.0% or the percentage change in the CPI. The assessment rate for the District increased by 2.7% from the prior year. The current assessment rate is $413.57 per single family residence in Zone 1, $310.18 per single family residence in Zone 2, $103.39 per acre of school property, and $103.39 per acre for undeveloped lots. The City General Fund has budgeted a contribution to the District in the amount of $52,460, or 11% of the budgeted expenditures for the District. This amount is the estimated amount equivalent to the "general benefit" provided to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District. While not legally required, this contribution is to assist in preserving service levels of the District. Landscape Maintenance District No. 7 (North Etiwanda) Landscape Maintenance District No. 7 was formed in 1989 and currently consists of single family residences. Etiwanda Creek Community Park is located in this District. The boundaries of the District are generally described as the area bounded by the 210 Freeway to the south, the 1-15 Freeway on the west, and the City limits to the north and east. The current assessment rate is $307.05 per single family residence. There is no change in the assessment rate from the prior year. This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. The District receives a transfer of $50,000 from Community Facility District No. 2000-03B for water billing errors in prior years. This transfer will end in Fiscal Year 2018/19. Landscape Maintenance District No. 8 (South Etiwanda) Landscape Maintenance District No. 8 was formed in 1989 and consists of single family residences, commercial properties, and a church. The boundaries of the District are generally described as the area south of the 210 Freeway along Fisher, east of East including the south side of Highstone Manor, the south side of Smokestone, and to the San Bernardino County Flood Control drainage basin on the east. The current assessment rate is $151.45 per single family residence and $302.90 per acre for undeveloped Tots. There is no change in the assessment rate from the prior year. This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. Page 5 of 10 P177 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 6 Landscape Maintenance District No. 9 (Lower Etiwanda) Landscape Maintenance District No. 9 was formed in 2000 and consists of single family residences, condominiums, multi -family units, commercial/industrial properties, Garcia Park, and trails. The boundaries of the District are generally described as the area south of Victoria, north of Foothill, east of Etiwanda and the 1-15 Freeway, and west of East. Each fiscal year, the assessment amount may be increased by the annual percentage change in the CPI. The maximum allowable assessment for the District is $566.23 per single family residence, $566.23 per multi -family unit, and $1,132.46 per acre for undeveloped Tots. The current assessment rate was increased to $140.00 per single family residence, $140.00 per multi- family unit, $280 per acre for undeveloped lots. In prior years, the assessment rate was intentionally decreased to use excess fund balance for District operations. At its lowest the assessment rate was $80 per single family residence between Fiscal Years 2013/14 through 2015/16. An increase was necessary to begin easing back the use of fund balance and manage the future sustainability of the District. Gradual increases are anticipated for future years to avoid sharp rate fluctuations for the District. Landscape Maintenance District No. 10 (Rancho Etiwanda) Landscape Maintenance District No. 10 was formed in 2002 and consists of single family residences. Day Creek Park is located in this District. The boundaries of the District are generally described as the area north of the 210 Freeway, east of Day Creek Channel, and west of Hanley. Each fiscal year, the assessment amount may be increased by the annual percentage change in the CPI. The current assessment rate is $711.71 per single family residence. This is below the maximum allowable assessment of $871.33 per single family residence. There is no change in the assessment rate from the prior year. Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7, and 8 generally provide 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 these Districts. In Fiscal Year 2016/17, the City Council authorized the purchase of Southern California Edison's existing street light system within the City. The transfer of ownership is still in review by the Public Utilities Commission to complete the purchase. The funding from the City's Capital Reserve Fund for the purchase of the street lights and installation of Light Emitting Diode (LED) street lighting will be repaid over a 20 year period from savings in the street lighting maintenance districts. Similar to the landscape maintenance districts, the street lighting maintenance districts were designed to ensure that each district bore the costs of the maintenance for the infrastructure that provides special benefit to the property owners. However, since assessment rates cannot be increased without a vote by the property owners, some services must be supplemented by General Fund contributions. Page 6 of 10 P178 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 7 Street Lighting Maintenance District No. 1 (Arterials) Street Lighting Maintenance District No. 1 was formed in 1983 and provides energy and maintenance for street lights and traffic signals on arterial streets. The boundaries of the District are the entire City of Rancho Cucamonga. The current assessment rate is $17.77 per single family residence and multi -family dwelling unit. The commercial rate is $35.54 per acre. This is the maximum allowable assessment and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. Street Lighting Maintenance District No. 2 (Local Streets) Street Lighting Maintenance District No. 2 was formed in 1983 and provides energy and maintenance for street lights on residential streets. The boundaries of the District are generally described as the entire City of Rancho Cucamonga west of Haven. The current assessment rate is $39.97 per single family residence and multi -family dwelling unit. The commercial rate is $79.94 per acre. This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. The City General Fund has budgeted a contribution to the District in the amount of $350,170. While not legally required, this contribution is necessary to subsidize the District in order to sustain services. Street Lighting Maintenance District No. 3 (Victoria Planned Community) Street Lighting Maintenance District No. 3 was formed in 1982 and provides energy and maintenance for street lights within the Victoria Planned Community. The boundaries of the District are generally described as the area located south of the 210 Freeway, west of Etiwanda, southwest of the 1-15 Freeway and east of Haven. The current assessment rate is $47.15 per single family residence. The commercial rate is $94.30 per acre. This is the maximum allowable assessment and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) Street Lighting Maintenance District No. 4 was formed in 1984 and provides energy and maintenance for street lights within the Terra Vista Planned Community. The boundaries of the District are generally described as the area located north of Foothill, west of Rochester, east of Haven, south of Base Line, and includes the northeast corner of Base Line and Haven. 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 is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. Page 7 of 10 P179 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 8 Street Lighting Maintenance District No. 5 (Caryn Planned Community) Street Lighting Maintenance District No. 5 was formed in 1986 and provides energy and maintenance for street lights within the Caryn Planned Community. The boundaries of the District are generally described as the area located north of 210 Freeway, south of Banyan, west of Rochester, and east of Milliken. The boundaries also include Tract 13835 east of Rochester and Tract Nos. 13748, 13857 and 13858 west of Milliken. The current assessment rate is $34.60 per single family residence. This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. Street Lighting Maintenance District No. 6 (Commercial Industrial) Street Lighting Maintenance District No. 6 was formed in 1987 and provides energy and maintenance for street lights within the commercial and industrial area of the City. The boundaries of the District are generally described as the area of the City which is generally bounded by Foothill on the north, 4th on the south, East on the east and Grove on the west. The current assessment rate is $51.40 per acre for commercial property. This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. Street Lighting Maintenance District No. 7 (North Etiwanda) Street Lighting Maintenance District No. 7 was formed in 1990 and provides energy and maintenance for street lights within the Etiwanda Highlands Community. The boundaries of the District are generally described as the area of the City which is generally bounded by Highland on the north, Day Creek Channel on the west, and the City limits on the east and north. The current assessment rate is $33.32 per single family residence. This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. The City General Fund has budgeted a contribution to the District in the amount of $105,100. While not legally required, this contribution is necessary to subsidize the District in order to sustain services. Street Lighting Maintenance District No. 8 (South Etiwanda) Street Lighting Maintenance District No. 8 was formed in 1990 and provides energy and maintenance for street lights within South Etiwanda. The boundaries of the District are generally described as area of the City which is generally bounded by Etiwanda on the west, Highland on the north, and Foothill on the south. The southern portion of the District is bound by East on the east and the northern part is bounded by the 1-15 Freeway on the east The current assessment rate is $30.60 per single family residence and multi -family dwelling unit. The commercial rate is $60.20 per acre. This is below the maximum allowable assessment of $193.75 per single family residence, $193.75 per multi -family dwelling unit, and $387.50 per acre of commercial property. There is no change in the assessment rate from the prior year. Page 8 of 10 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 9 Park and Recreation Improvement District No. PD -85 is a combination Improvement and Maintenance District. The district boundary is citywide with the general exception of land east of Deer Creek Channel and the Victoria, Caryn, and Terra Vista Planned Communities. The District provides the maintenance and operation of Red Hill and Heritage Community Parks 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 trails, sanitary sewer connections, and onsite drainage inlets. The current assessment rates are as follows: Single family residence Multi -family residence Less than 1.5 acres 1.51 acres to 3.5 acres 3.51 acres to 7 acres 7.01 acres to 14 acres 14.01 acres to 25 acres More than 25.01 acres Assessment per parcel $31.00 $31.00 $15.50 $46.50 $108.50 $217.00 $434.00 $775.00 This is the maximum allowable assessment, and it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. There is no change in the assessment rate from the prior year. The City General Fund has budgeted a contribution to the District in the amount of $88,420, or 11% of the budgeted expenditures for the District excluding the costs of the Red Hill Water Feature. This amount is the estimated amount equivalent to the "general benefit" provided to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District. While not legally required, this contribution is to assist in preserving service levels of the District. The City General Fund has also budged a contribution to the District in the amount of $115,570, or 100% of the budgeted expenditures for the Red Hill Water Feature. FISCAL IMPACT: The Districts are separate from the City General Fund. The assessment revenues that are collected for each district are used for the maintenance and operations for only that District. The estimated costs of administration, maintenance, operations, and servicing of the improvements in the Districts are described in the Annual Engineer's Report prepared for each district. COUNCIL GOAL ADDRESSED: There is no City Council Goal addressed. The process of ordering the preparation of the Annual Engineer's Reports to initiate proceedings to levy annual assessments, approving the Preliminary Annual Engineer's Reports, and declaring the intention to levy annual assessments is required by the Landscaping and Lighting Act of 1972. Page 9 of 10 P180 P181 CITY COUNCIL STAFF REPORT PRELIMINARY ANNUAL ENGINEER'S REPORTS AND SETTING PUBLIC HEARING JUNE 21, 2017 Page 10 ATTACHMENTS: Attachment 1 — Preliminary Annual Engineer's Report - LMD No. 1 Attachment 2 — Preliminary Annual Engineer's Report - LMD No. 2 Attachment 3 — Preliminary Annual Engineer's Report - LMD No. 3A Attachment 4 — Preliminary Annual Engineer's Report - LMD No. 3B Attachment 5 — Preliminary Annual Engineer's Report - LMD No. 4-R Attachment 6 — Preliminary Annual Engineer's Report - LMD No. 5 Attachment 7 — Preliminary Annual Engineer's Report - LMD No. 6-R Attachment 8 — Preliminary Annual Engineer's Report - LMD No. 7 Attachment 9 — Preliminary Annual Engineer's Report - LMD No. 8 Attachment 10 — Preliminary Annual Engineer's Report - LMD No. 9 Attachment 11 — Preliminary Annual Engineer's Report - LMD No. 10 Attachment 12 — Preliminary Annual Engineer's Report - SLD No. 1 Attachment 13 — Preliminary Annual Engineer's Report - SLD No. 2 Attachment 14 — Preliminary Annual Engineer's Report - SLD No. 3 Attachment 15 — Preliminary Annual Engineer's Report - SLD No. 4 Attachment 16 — Preliminary Annual Engineer's Report - SLD No. 5 Attachment 17 — Preliminary Annual Engineer's Report - SLD No. 6 Attachment 18 — Preliminary Annual Engineer's Report - SLD No. 7 Attachment 19 — Preliminary Annual Engineer's Report - SLD No. 8 Attachment 20 — Preliminary Annual Engineer's Report - PD -85 Attachment 21 — Resolution 17-043 Attachment 22 — Resolution 17-044 Attachment 23 — Resolution 17-045 Attachment 24 — Resolution 17-046 Attachment 25 — Resolution 17-047 Attachment 26 — Resolution 17-048 Attachment 27 — Resolution 17-049 Attachment 28 — Resolution 17-050 Attachment 29 — Resolution 17-051 Page 10 of 10 Preliminary Annual Engineer's Report Fiscal Year 2017/2018 City of Rancho Cucamonga Landscape Maintenance District No. 1 (General City) P182 Attachment 01 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P183 Attachment 01 P184 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 18 ESTIMATE OF COSTS 19 District Budget 20 Definitions of Budget Items 22 METHOD OF ASSESSMENT 23 Overview 23 General Benefit 24 Special Benefit 24 Method of Assessment Spread 25 ASSESSMENT DIAGRAM 26 ASSESSMENT ROLL AND ANNEXATIONS 28 Assessment Roll 28 Annexations 28 Attachment 01 P185 ENGINEER'S LETTER WHEREAS, on June 21, 2017 the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2017/18 Budget Expenditures Personnel Services $ 31,220 Operations and Maintenance 1,240,760 Capital Expenditures 40,500 Transfer Out 90,000 Total Expenditures Budget 1,402,480 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 1,228,530 Anticipated Prior Year Delinquencies Collection 13,900 Subtotal - Taxes 1,242,430 Other Revenues 63,230 Transfer In 213,410 Total Revenues Budget 1,519,070 Contribution to/(Use of) Fund Balance $ 116,590 Total District EBU Count 13,457.68 Actual Assessment per EBU $ 92.21 Maximum Allowable Assement per EBU $ 92.21 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 1 Fiscal Year 2017/18 Attachment 01 P186 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. 1 have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 1 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 01 P187 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include, but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 1 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 01 P188 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City which is not located within the City's planned development communities. The District is made up of various landscaped sites throughout the City. As such, the parcels within the District do not represent a distinct district area as do the other landscape maintenance districts within the City. Typically parcels have been annexed to the District as they have developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, Landscape Maintenance District No. 1 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 01 P189 capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Site # Descriptive Location A-1 The north and south side of Wilson from Hellman to Amethyst. Ground Cover area: 22,982 square feet Hardscape area: 5,694 square feet A-2 The east side of Hellman from 326 feet south of Pepperidge to 73 feet north of Pepperidge. Ground Cover area: 5,810 square feet Hardscape area: 1,600 square feet A-3 The south side of 19th 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 from Klusman to Diamond. 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 01 P190 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: Hardscape area: Mulchscape area: 6,545 square feet 2,554 square feet 14,005 square feet A-9 The south side of Highland from Hellman to Broken Star. Ground Cover area: 7,865 square feet A-10 The south side of 19th from 170 feet west of Pilgrim to 167 feet east of Pilgrim. Ground Cover area: 1,808 square feet Hardscape area: 1,084 square feet A-11 The east side of Amethyst from Lemon to 230 feet north of Apricot. Ground Cover area: 2,115 square feet Hardscape area: 3,438 square feet A-12 The west side of Sapphire from 710 feet north of Hillside to Hillside. Ground Cover area: 4,500 square feet A-13 The south side of Victoria from 110 feet west of London to Ramona. Ground Cover area: 2,705 square feet Hardscape area: 3,480 square feet A-14 The west side of Archibald from 273 feet north of La Gloria to Lemon; the La Gloria median from Archibald to Jadeite; the north and south side of La Gloria from Archibald to 53 feet east of Jadeite; the north side of Lemon from Archibald to 55 feet east of Klusman. Ground Cover area: 12,880 square feet Hardscape area: 12,030 square feet A-15 The planters and cutouts on the east side of Archibald from 610 feet south of Cottonwood to Wilson; the south side of Wilson from Archibald to Alta Loma Channel. Ground Cover area: 2,110 square feet A-16 The cutouts and planters on the east side of Archibald from Banyan to 190 feet north of Sunflower. Ground Cover area: 1,580 square feet A-17 The cutouts and planters on the west side of Archibald from 225 feet south of Wilson to Banyan. Ground Cover area: 2,362 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 01 P191 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 A-23 The west side of Haven from 434 feet north of Manzanita to 258 feet south of Manzanita. Ground Cover area: 54,250 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: Hardscape area: 5,904 square feet 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 01 P192 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 Site was removed from contract and water service cancelled January 1, 2017. A-31 The south side of Lemon from London to Calle Hermosa. Ground Cover area: 4,404 square feet Hardscape area: 1,800 square feet A-32 The north side of Lemon from the Alta Loma Channel to London; the east side of London from Lemon to Cypress. Ground Cover area: 4,463 square feet Hardscape area: 3,375 square feet A-33 The parkway on the east side of London from 158 feet north of Banyan to 310 feet north of Banyan. Ground Cover area: 1,029 square feet Hardscape area: 1,160 square feet A-34 The south side of Alta Loma from Mayberry to Revere. Ground Cover area: 2,772 square feet A-34 The south side of Alta Loma 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: Hardscape area: Mulchscape area: 10,494 square feet 9,207 square feet 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 01 P193 A-38 The median in the 9200 block of Monte Vista. Ground Cover area: 500 square feet Hardscape area: 1,380 square feet A-39 The south side of Almond from Henry to Sapphire. The west side of Sapphire from Almond to 255 feet south of Bella Vista. Ground Cover area: 6,926 square feet A-40 The parkway on the east side of Jasper from Hunter to Highland. The parkway on the south side of Highland from Jasper to Carnelian. The west side of Carnelian from Highland to 210 feet south of Highland. Ground Cover area: 14,858 square feet Hardscape area: 6,040 square feet A-41 The west side of Sapphire from 236 feet north of Thoroughbred to Banyan. Ground Cover area: Hardscape area: 1,784 square feet 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 on September 8, 1999. 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 01 P194 A-49 The east side of Carnelian from 662 feet south of Banyan to Banyan; the south side of Banyan from Carnelian to Northstar. Ground Cover area: 5,906 square feet Hardscape area: 6,972 square feet A-50 The north side of Almond from Sapphire to Crest View; the east and west side of Skyline from Almond to 595 feet north of Almond. Ground Cover area: 17,600 square feet Hardscape area: 8,680 square feet A-51 The planter adjacent to the equestrian trail; from Haven to Riverwood, north of County flood retention basin, west of Chaffey College. The west side of Haven from 400 feet north of Amber to 270 feet south of Amber, 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 01 P195 A-57 The east side of Hermosa from 115 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. 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 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 01 P196 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 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 from 300 feet north of San Simeon to 130 feet north of San Simeon. Ground Cover area: 1,200 square feet Hardscape area: 600 square feet A-74 The south side of Highland from Beryl St to Hellman. Ground Cover area: 11,603 square feet A-75 The south side of Highland from Amethyst to 612 feet east of Archibald. 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 01 P197 A-77 The east side of Carnelian from Brilliant to Wilson including the irrigation cut-outs along trail. The south side of Wilson from Carnelian to 745 feet east of Arabian. The irrigation cut-outs on the north side of Wilson from Carnelian to 775 feet east of Arabian. 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. Ground Cover area: 5,100 square feet 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 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 01 P198 B-10 The east side of Haven from 400 feet south of Banyan to Banyan. The south side of Banyan from Haven to Callaway. Ground Cover area: 14,548 square feet Hardscape area: 6,348 square feet B-11 The south side of Banyan from Muscat to Cabernet. Ground Cover area: 33,282 square feet B-12 The north side of Lemon from Barsac to 135 feet east of Valinda. Ground Cover area: 13,464 square feet Hardscape area: 4,098 square feet B-13 The south side of 19th from Inyo to 585 feet east of San Benito. The parkways on the east and west side of San Benito from 19th to San Mateo. The east side of Inyo from 19th to paseo south of 19th and the paseo running east from Inyo to Sonora. Ground Cover area: 20,950 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 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 01 P199 B-20 The east side of Haven from 341 feet south of Victoria to Victoria; the south side of Victoria from Haven to 237 feet east of Mango. Ground Cover area: 16,900 square feet Hardscape area: 8,767 square feet B-21 The south side of 19th from Valinda to Inyo. Ground Cover area: 3,900 square feet Hardscape area: 3,700 square feet B-22 The south side of Lemon south of the sidewalk from 188 feet west of Terracina to 284 feet north of Marbella. The parkway on the south side of Lemon from 188 feet west of Terracina to 517 feet north of Marbella. The turf in the parkway at the end of the cul- de-sac on Sonterra. 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. 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 to 187 feet east of High Meadow. 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 to 650 feet north of 19th. Ground Cover area: 3,483 square feet Hardscape area: 6,235 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 15 Fiscal Year 2017/18 Attachment 01 P200 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: 22,227 square feet Hardscape area: 5,532 square feet C-2 The entry monument on the northeast and northwest corners of 4th and Archibald. Ground Cover area: Hardscape area: 6,337 square feet 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 16 Fiscal Year 2017/18 Attachment 01 P201 C-11 The parkway on the east side of Beryl from Alder to 135 feet north of Culpepper. Ground Cover area: 3,400 square feet Hardscape area: 3,600 square feet 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 to 6th. The south side of 6th from Hellman to Golden Oak. The west side of Golden Oak from 6th to Foxbrook. 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: 27,920 square feet Hardscape area: 17,301 square feet D-2 The east side of Rochester from 146 feet south of Chervil to Church. Ground Cover area: 21,858 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 17 Fiscal Year 2017/18 Attachment 01 P202 D-4 The north and south sides of Church from Rochester to 150 feet east of Hyssop. 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. Ground Cover area: 6,968 square feet Converted 5,131 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-11 The Haven median from Amber to Olive. Ground Cover area: 5,026 square feet Converted 3,475 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-12 The Haven median from Olive to 712 feet north of Wilson. Ground Cover area: 6,734 square feet Converted 3,933 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-13 The Haven median from 19th to the 210 freeway. Ground Cover area: 12,514 square feet FH -18 The Foothill median from East to 453 feet east of Cornwall. Ground Cover area: 5,450 square feet Parks, ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 18 Fiscal Year 2017/18 Attachment 01 P203 Hellman Avf_ Archibald Av Hermosa Av Hawn Av Mallken Av X N 1 Grow Av Vinyard Av Eau An At Day Creek In Etiwanda Av East An 1••z 1— i HL • Ea CD UM ▪ 5 a a l 0. r p ru d B. 5 r 7 IA !n 181814 1; dwnd uali Cherry Av Carndl.n Si r Hellman Ave f� an /Y�\7 Archibald Av ay Hermosa Av 1� z z ItoC) Haven Av Av �Z Landscape Maintenance District No. 1 — City of Rancho Cucamonga 19 Fiscal Year 2017/18 Attachment 01 P204 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 17,230 Overtime Salaries 5,000 Part-time Salaries 8,990 Subtotal - Personnel 31,220 Operations and Maintenance: Operations and Maintenance: O & M/General 75,000 O & M/Facilities 2,300 Vehicle Operations and Maintenance 2,000 Emergency Equipment and Vehicle Rental 2,800 Equipment Operations and Maintenance 2,000 Subtotal - Operations and Maintenance 84,100 Contract Services: Contract Services/General 608,960 Contract Services/Facilities 7,600 Tree Maintenance 52,500 Subtotal - Contract Services 669,060 Utilities: Telephone Utilities 2,790 Water Utilities 290,000 Electric Utilities 87,100 Subtotal - Utilities 379,890 Assessment Administration 66,090 Admin./General Overhead 40,960 Other Expenses 660 Subtotal - Operations and Maintenance 1,240,760 Capital Expenditures: Captial Outlay - Improvements Other Than Building 40,500 Transfers Out: Transfers Out - LMD #1 Capital Reserve Fund 90,000 Total Expenditures Budget $ 1,402,480 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 20 Fiscal Year 2017/18 Attachment 01 P205 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues: Interest Earnings Other Rental/Lease Income Park Maintenance Fees Sports Field User Group Rentals Sports Lighting Fees Other Revenue Subtotal - Other Revenues: Transfer In: Transfer In - General Fund Transfer In - LMD #1 Operating Fund Subtotal - Transfer In: Total Revenues Budget Contribution to/(Use of) Fund Balance Total Gross Estimated Assessments Total District EBU Count Actual Assessment per EBU - Fiscal Year 2017/18 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 Fiscal Year 2017/18 Budget $ 1,228,530 13,900 1,242,430 10,480 24,910 4,450 1,000 22,290 100 63,230 123,410 90,000 213,410 $ 1,519,070 $ 116,590 $ 1,240,932.21 13,457.68 $ 92.21 $ 92.21 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. Beginning with Fiscal Year 2016/17 the City Landscape Maintenance District No. 1 — City of Rancho Cucamonga 21 Fiscal Year 2017/18 Attachment 01 P206 will maintain a Capital Reserve Fund to be used for deferred maintenance and pending capital projects. The reserve balance information for the District is as follows: Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance, June 30, 2017 $1,133,368 $ 50,180 $1,183,548 Contribution to Reserve - Fiscal Year 2017/18 66,110 50,480 116,590 Estimated Reserve Fund Balance, June 30, 2018 $ 1,199,478 $ 100,660 $ 1,300,138 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 22 Fiscal Year 2017/18 Attachment 01 P207 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement." Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. 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. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 23 Fiscal Year 2017/18 Attachment 01 P2O8 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas, Parks - Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park and appurtenant facilities that are located throughout the General City and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the General City which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at Targe. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 24 Fiscal Year 2017/18 Attachment 01 P209 specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier 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. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 25 Fiscal Year 2017/18 Attachment 01 P210 The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Assessment Rate per EBU Total Units/ Acres Total EBUs Single Family Residential $92.21 $92.21 8,329.00 8,329.00 Multi -Family Residential 92.21 92.21 10,222.00 5,111.00 Non -Residential 92.21 92.21 8.83 17.68 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 26 Fiscal Year 2017/18 Attachment 01 P211 Rochester Av Day Creek BI i r Etiwanda Av/ j n CU I 13 CO Z. Z. Z. 0,1 CI CI �A' n� a v Landscape Maintenance District No. 1 — City of Rancho Cucamonga Fiscal Year 2017/18 27 Attachment 01 P212 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Actual Allowable Assessment Single Family Residential $92.21 8,329.00 8,329.00 $768,017.09 Multi -Family Residential 92.21 10,222.00 5,111.00 471,285.31 Non -Residential 92.21 8.83 17.68 1,630.27 Totals 7.00 18,559.83 13,457.68 $1,240,932.67 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2017/18: Apn Annexation Date Project Name Total Units/Acres Total EBUs Property Type 1061-611-15 08/03/2016 DRC2014-00893 1.00 1.00 Single Family Residential 0209-111-20 10/19/2016 DRC2014-00388 1.00 1.00 Single Family Residential 1061-691-04 10/19/2016 TR18961 7.00 7.00 Single Family Residential 0209-123-05 11/02/2016 DRC2013-00896 1.00 1.00 Single Family Residential Landscape Maintenance District No. 1 — City of Rancho Cucamonga 28 Fiscal Year 2017/18 Attachment 01 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) P213 Attachment 02 CITY OF RANCHO CUCAMONGA Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P214 Attachment 02 P215 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 19 ESTIMATE OF COSTS 21 District Budget 21 Definitions of Budget Items 23 BENEFITS FROM IMPROVEMENTS AND QUANTIFICATION 24 Benefits from Improvements 24 Quantification of Benefit 26 Sidewalks and Community Trails 26 Street Landscaping 28 Neighborhood Parks 33 Collective General Benefit 35 METHOD OF ASSESSMENT 35 Overview 35 Apportioning of Special Benefit 36 Rate per Benefit Unit 42 Method of Assessment Spread 42 Applying the Method of Assessment Spread 42 Attachment 02 P216 Proposed Maximum Assessment Rates 45 Cost of Living Inflator 45 ASSESSMENT DIAGRAM 46 ASSESSMENT ROLL AND ANNEXATIONS 48 Assessment Roll 48 Annexations 48 Attachment 02 ENGINEER'S LETTER P217 WHEREAS, on June 21, 2017 the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, a Resolution Initiating Proceedings for the Levy of Annual Assessments Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) (hereafter, referred to as the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable Tots 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. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Transfer In Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 919,100 2,786,870 430,200 4,136,170 3,372,930 34,730 3,407,660 33,760 293,490 3,734,910 (401,260) 76,613.33 $ 44.47 $ 44.47 Landscape Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 02 P218 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 2 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 02 P219 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 2 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 02 P220 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 210 Freeway, west of Etiwanda, southwest of the 1-15 Freeway, and east of Haven, also known as the Victoria Neighborhood Parks and Landscape Maintenance District, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and six neighborhood parks that are of direct and special benefit to the parcels within the District. These improvements are located within the public right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris/graffiti, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 02 P221 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 from the traffic circle to Church. The Arbor median from Church to the traffic circle. The east side of Arbor from Long Meadow to Church. The paseo from the west side of Arbor to Day Creek. The paseo from the west side of Arbor to Saintsbury. The north side of Winery from Arbor to 214 feet west of Arbor. The south side of Long Meadow from Freestone to Duck Creek. Ground Cover area: 93,639 square feet Hardscape area: 59,041 square feet 2-2 The northwest corner of Day Creek and Church. The north side of Church from Day Creek to 1,152 feet west of Hess. The paseo from the north side of Church to Dry Creek. The paseo from the north side of Church to Pine Ridge. The west side of Hess from the north side of Church to Dry Creek. 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 Base Line. 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 from Base Line to the east entrance of Arbor Park. The southwest corner of Victoria Park and Base Line. The southeast corner of Victoria Park to 445 feet east of Victoria Park. 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 and the medians from Mosaic to Church. Ground Cover area: 56,358 square feet Hardscape area: 20,390 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 02 P222 2-6 The north side of Church from Arbor to Day Creek. The northwest corner of Church and Arbor. The paseo from the north side of Church to Wilson Creek. Ground Cover area: 21,616 square feet Hardscape area: 15,159 square feet 2-7 The north side of Church from Victoria Park to Arbor. The northwest corner of Victoria Park and Church. The paseo from the north side of Church to Elk Cove. The paseo from the north side of Church to Freestone. The northeast corner of Arbor and Church. Ground Cover area: 16,609 square feet Hardscape area: 13,730 square feet 2-8 The paseo from the west side of Etiwanda to Silver Rose. The north side of Church from Etiwanda to Victoria Park. The east side of Iron Horse from Church to Wild Horse. The paseo from the north side of Church to Cloudy Bay. The medians from Iron Horse 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 from 475 feet north of Long Meadow to Long Meadow. The landscape slope and curb adjacent parkway from Victoria Park to 685 feet west of Victoria Park. Ground Cover area: 26,213 square feet Hardscape area: 5,617 square feet VW -1 Base Line median from Victoria Park to 830 feet west of Victoria Park. Ground Cover area: 4,514 square feet Hardscape area: 3,474 square feet VW -2 The north side of Base Line 300 feet east and 200 feet west of Swanson. The east and west sides of Swanson from Base Line to Province. The paseo from the intersection of Swanson and Province to Atwood with outlet to Dunmore. The paseo from Atwood to the Southern Pacific Railroad. The north side of Saratoga from Powell to Dunmore. The paseo from Saratoga to Etiwanda. The south side of Atwood from Victoria Park to Travis. The north side of Atwood from Walcott to Victoria Park. Ground Cover area: Turf area: Hardscape area: 18,753 square feet 73,931 square feet 22,615 square feet VW -3 The Victoria Park median and the west and east side parkways from Base Line to the entrance to Victoria Village. Ground Cover area: 27,090 square feet Hardscape area: 3,214 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 02 P223 VW -4 The Victoria Park median and the west and east side parkways from Victoria Village entrance to Atwood. Ground Cover area: 40,937 square feet Hardscape area: 6,428 square feet VW -5 The Victoria Park 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 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 median and the west side parkway from the Southern Pacific Railroad to South Victoria Windrows. The Victoria Park east side parkway from the Southern Pacific Railroad to Zinnia. Ground Cover area: 40,548 square feet Hardscape area: 6,150 square feet VW -9 The Victoria Park east side parkway from Barberry to North Victoria Windrows at Windrows Park. Ground Cover area: 40,004 square feet Turf area: 11,779 square feet Hardscape area: 3,720 square feet VW -10 The west side of Victoria Park from South Victoria Windrows to Dahlia. The Victoria Park median from Zinnia to Dahlia. The east side of Victoria Park from North Victoria Windrows at Windrows Park to Dahlia. Ground Cover area: 50,620 square feet Turf area: 11,878 square feet Hardscape area: 11,400 square feet VW -11 The east side parkway on South Victoria Windrows from Silktassel to Victoria Park. The parkway on the south side of Victoria Park from the intersection of South Victoria Windrows and North Victoria Windrows to Dahlia. The Victoria Park median from the intersection of North and South Victoria Windrows to Dahlia. The parkway on the north side of Victoria Windrows from the intersection of North and South Victoria Windrows to Dahlia. Ground Cover area: 27,053 square feet Turf area: 20,216 square feet Hardscape area: 6,988 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 02 P224 VW 12 The Victoria Park median from the intersection of North and South Victoria Windrows to 390 feet east of Day Creek. The parkway on the north side of Victoria Park from the intersection of North and South Victoria Windrows to 390 feet east of Day Creek. The parkway on the west side of north Victoria Windrows from Silverberry to Victoria Park. The parkway on the south side of Silverberry from 390 feet east of Day Creek to North Victoria Windrows. Ground Cover area: 166,249 square feet Turf area: 21,603 square feet Hardscape area: 12,868 square feet VW -13 The parkway on the south side of Victoria Park from 390 feet east of Day Creek to South Victoria Windrows. The west side of South Victoria Windrows from Victoria Park 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 from Snapdragon to Victoria Park. The parkway on the north and south side of Sugargum from South Victoria Windrows 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 from Victoria Park 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 from Peach to North Victoria Windrows. The parkway on the east side of North Victoria Windrows from Bougainvillea to Citrus. The parkway on the north side of North Victoria Windrows from Locust and following that curb line to Silverberry. The parkway on the north side of Silverberry from North Victoria Windrows 390 feet east of Day Creek. The paseo from North Victoria Windrows at Silverberry to Nasturtium. The paseo from North Victoria Windrows 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. The parkway on the south side of North Victoria Windrows from Citrus east to Bougainvillea. The parkway on the north side of North Victoria Windrows 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 on January 5, 1999. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 02 P225 VW -18 The south side of Highland from 12583 Highland to Rockrose. Ground Cover area: Turf area: Hardscape area: 2,800 square feet 8,515 square feet 3,325 square feet VW -19 The north side of North Victoria Windrows from Rosemary to Rockrose. The east side of Rockrose from North Victoria Windrows 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 from Victoria Park to Plum. The parkway on the west side of North Victoria Windrows from Plum to Rosemary. The paseo from Tipu east to the open field. Note: The area in front of Windrows Park is watered by the VW -20 water meter, but it is maintained by City crews. Ground Cover area: Turf area: Hardscape area: 2,110 square feet 16,411 square feet 9,132 square feet VW -21 The east side of North Victoria Windrows from Rosemary to the trail south of Kalmia. The trail and paseo from North Victoria Windrows south of Kalmia to Etiwanda and north to the Fire Station. The south side of Basil from North Victoria Windrows to Santolina. 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 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. The parkway on the north side of North Victoria Windrows from Rockrose to Twinspur. The parkway on the south side of North Victoria Windrows from Bougainvillea to Rosemary. Ground Cover area: Turf area: Hardscape area: 18,299 square feet 3,452 square feet 10,352 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 02 P226 VW -24 The Metropolitan Water District easement from Jasmine and Ironbark to Sweet Gum. Ground Cover area: 475 square feet Hardscape area: 4,730 square feet VW -25 The north side of Base Line from 384 feet west of Wanona to Etiwanda. The west side of Etiwanda from Base Line to Craig. The Base Line median from Swanson 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 Base Line from 251 feet west of Swanson to Etiwanda. The Base Line median from Victoria Park to Swanson. Ground Cover area: 18,816 square feet Hardscape area: 17,233 square feet VG -1 VG -2 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. The ground cover on the north side of Victoria Park south of the horse trail from 475 feet east of Milliken to Fairmont. The turf on the north side of Victoria Park from 275 feet east of Milliken to Fairmont. The turf in the parkway on the east side of Fairmont from Victoria Park to Highland. Ground Cover area: 21,573 square feet Turf area: 47,604 square feet Hardscape area: 17,300 square feet The turf on the east side of York from Delaware to Fairmont. The ground cover on the south side of Fairmont from York and continuing on that curb line to Victoria Park. The turf and ground cover on the south side of Victoria Park west of Milliken from Fairmont to Milliken. The parkway on the west side of Milliken from Victoria Park to Fairmont. The Milliken median from Fairmont to Victoria Park. The turf on the north side of Victoria Park from 273 feet west of Milliken to Milliken. The ground cover on the north side of Victoria Park south of the horse trail from 468 feet west of Milliken to Milliken. Ground Cover area: 53,416 square feet Turf area: 49,587 square feet Hardscape area: 20,173 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 02 P227 VG -3 The turf and ground cover north of the sidewalk on the north side of Fairmont from Nova continuing on that curb line to York and the turf south of the sidewalk on the north side of Fairmont from Armstrong continuing on that curb line to York. The ground cover on the west side of York from Fairmont to Delaware and the ground cover on the east side of York. The turf and ground cover on the west side of Fairmont from Emerson continuing along that curb line to Armstrong. The turf and ground cover on the east and west sides of Biola. Ground Cover area: 57,189 square feet Turf area: 38,343 square feet Hardscape area: 26,848 square feet VG -4 The turf and ground cover on the south side of Fairmont 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. The turf on the north side of Fairmont from Milliken to Armstrong. Ground Cover area: 202,163 square feet Turf area: 19,751 square feet Hardscape area: 12,278 square feet VG -5 The paseo from Biola to Amarillo to Delaware at York. VG -6 VG -7 Ground Cover area: Turf area: Hardscape area: 12,448 square feet 44,896 square feet 7,992 square feet 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 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: Turf area: Hardscape area: 43,427 square feet 51,765 square feet 15,806 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 02 P228 VG -8 VG -9 The ground cover on the west side of Milliken from 566 feet north of Victoria Park to Victoria Park. The ground cover and turf north of the horse trail on Victoria Park from Milliken to Fairmont. The ground cover on the east side of Fairmont from Victoria Park to 156 feet north of Victoria Park. Ground Cover area: Turf area: Hardscape area: 21,614 square feet 8,614 square feet 8,281 square feet The ground cover on the east side of Fairmont from 156 feet north of Victoria Park to Kenyon. 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 from Fairmont to Baltimore. The turf and ground cover on the north side of Baltimore from Fairmont to Vanderbilt. The turf and ground cover on the east side of Vanderbilt from Baltimore to Brown. The paseo from Vanderbilt and Brown to Kenyon. Ground Cover area: Turf area: Hardscape area: 48,481 square feet 11,357 square feet 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. 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: Turf area: Hardscape area: 34,241 square feet 11,031 square feet 5,320 square feet VG -11 The east and west side parkways and median of Milliken from Base Line to the Southern Pacific Railroad. The north side of Base Line 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. The turf and ground over on the west side of Fairmont from the southwest corner of Victoria Park 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. The ground cover on the east side of Milliken from the Southern Pacific Railroad to 766 feet south of Victoria Park. Ground Cover area: 53,068 square feet Turf area: 36,431 square feet Hardscape area: 27,004 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 02 P229 VG -13 The paseos from Victoria Park to Verona, Verona to Napoli, and Genova to Tivoli. Ground Cover area: Turf area: Hardscape area: 17,993 square feet 16,344 square feet 8,376 square feet VG -14 The Base Line median from Milliken to Ellena East. The turf and ground cover on the north side of Base Line from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Base Line 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 from Ellena west to Candela. Ground Cover area: 80,287 square feet Turf area: 62,999 square feet Hardscape area: 44,826 square feet VG -15 The turf and ground cover on the west side of Rochester from the Southern Pacific Railroad to Base Line. The turf and ground cover on the north side of Base Line from Rochester to Ellena East. The Base Line Median from Rochester to Ellena East. The turf and ground cover on the east side of Ellena east from Base Line and continuing along that curb line to 275 feet north of Berra Road. The turf and ground cover on both sides of Berra from Ellena East to Comiso. Ground Cover area: 54,628 square feet Turf area: 57,306 square feet Hardscape area: 36,014 square feet VG -16 The paseo from Base Line to Ellena West with entrances to Amelia and Payola. Ground Cover area: Turf area: Hardscape area: 9,661 square feet 11,529 square feet 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 02 P230 VG -20 The turf on the east side of Milliken from 730 feet south of Victoria Park to Victoria Park. The ground cover on the east side of Milliken from 766 feet south of Victoria Park to Victoria Park. The turf and ground cover on the south side of Victoria Park from the southeast corner at Milliken heading east to Fairmont. The turf and ground cover on the north side of Victoria Park from Parma to the northeast corner of Milliken and Victoria Park. The ground cover on the west side of Parma from Victoria Park to Lomello. The Victoria Park median from Milliken to Pandino. The Milliken median from Victoria Park to 440 feet south of Kenyon. The parkway on the west side of Milliken from 420 feet south of Kenyon to Victoria Park. Ground Cover area: 96,750 square feet Turf area: 77,461 square feet Hardscape area: 22,177 square feet VG -21 The ground cover on the east side of Parma from Victoria Park to Lomello. The ground cover on the north side of Victoria Park from Parma to 653 feet east of Kenyon. The turf on the north side of Victoria Park from Parma to 547 feet east of Kenyon. The turf and ground cover on the south side of Victoria Park from Fairmont to 422 feet east of Kenyon. The turf and ground cover on the east and west sides of Kenyon from Victoria Park to the Southern Pacific Railroad. The paseo from Kenyon to Rapallo. The paseo from Kenyon to Bari. The Victoria Park median from Pandino to Portofino. Ground Cover area: 85,865 square feet Turf area: 41,994 square feet Hardscape area: 34,478 square feet VG -22 The ground cover on the north side of Victoria Park from 653 feet east of Kenyon to Rochester. The turf on the north side of Victoria Park from 547 feet east of Kenyon to Rochester. The Victoria Park median from Portofino to Rochester. The turf and ground cover on the south side of Victoria Park 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 from the east side of Vintage Park to Rochester. The turf and ground cover on the west side of Rochester from Victoria Park to the Southern Pacific Railroad. Ground Cover area: Turf area: Hardscape area: 115,144 square feet 57,927 square feet 20,863 square feet VG -23 The turf and ground cover on the east side of Kenyon from Victoria Park 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. 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 02 P231 VG -24 The north side of Kenyon from Autumn Glen 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. 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 to Messina. The turf and ground cover on the north side of Brindisi to the end of the cul-de-sac. The turf and ground cover on the west side of Messina from the paseo to Treviso. Ground Cover area: 18,905 square feet Turf area: 1,141 square feet Hardscape area: 3,615 square feet VG -27 The Milliken median from 440 feet south of Kenyon to Highland. The parkway on the west side of Milliken from 420 feet south of Kenyon. Ground Cover area: 4,030 square feet Turf area: 3,006 square feet Hardscape area: 4,222 square feet VG -28 The east side of Rochester from Victoria Park 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: Turf area: Hardscape area: 20,178 square feet 16,877 square feet 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: Turf area: Hardscape area: 6,797 square feet 2,462 square feet 4,860 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 15 Fiscal Year 2017/18 Attachment 02 P232 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: Turf area: Hardscape area: 20,172 square feet 8,190 square feet 8,292 square feet VG -33 The paseo at the north end of Sapri to the Southern Pacific Railroad. Ground Cover area: 894 square feet Hardscape 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. The south side of Victoria Park and median from Rochester to east side of Deer Creek Channel. Ground Cover area: Turf area: Hardscape area: 53,646 square feet 11,150 square feet 17,555 square feet VG -36 The north side of Victoria Park 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 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 to Kenyon. The north and south side of Spring Mist 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 16 Fiscal Year 2017/18 Attachment 02 P233 VG -39 The north side of Victoria Park from Kenyon paseo to 132 feet east of Milliken. The Kenyon paseo from Victoria Park to Fairwinds. The paseo from Victoria Park 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. Ground Cover area: 56,553 square feet 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 and the median from Day Creek to Day Creek Channel. The east and west side of Kensington from Victoria Park to Stratford. Ground Cover area: 70,669 square feet Turf area: 7,888 square feet Hardscape area: 18,426 square feet VG -44 The west side of Day Creek from 572 feet north of Silverberry to Day Creek. The south side of Silverberry from Kensington to Day Creek. 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 17 Fiscal Year 2017/18 Attachment 02 P234 VG -46 The Base Line median from 657 feet east of Virginia to Rochester. The north side of Base Line 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 Base Line 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 Base Line from 400 feet east of Day Creek to Day Creek. Base Line median from Day Creek to 595 feet east of Day Creek. Ground Cover area: 9,515 square feet Hardscape area: 7,926 square feet VG -48 The east side of Day Creek and median from Base Line to Victoria Park. The south side of Victoria Park from Day Creek to 390 feet east of Day Creek. Ground Cover area: Turf area: Hardscape area: 50,318 square feet 3,234 square feet 29,217 square feet VG -49 The north side of Victoria Park and median from 390 feet east of Day Creek to Day Creek. The east side of Day Creek from Victoria Park to Highland. The south side of Highland from Day Creek to 440 feet east of Day Creek. Ground Cover area: Turf area: Hardscape area: 51,459 square feet 3,930 square feet 32,296 square feet VG -50 The west side of San Carmela from 389 feet north of Base Line to Base Line. The north side of Base Line 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 from 296 feet west of Kensington to Milliken. The west side of Day Creek from Victoria Park to 397 feet south of Sugar Gum. Ground Cover area: 28,532 square feet Turf area: 11,070 square feet Hardscape area: 7,720 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 18 Fiscal Year 2017/18 Attachment 02 P235 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: Hardscape area: 1,775 square feet 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 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 19 Fiscal Year 2017/18 Attachment 02 P236 0 0 Milliken Av PH aul aseg •1 •`�N ig)L Rochester Av < • • • Ht f •.!< Creek BI Etiwanda Av • ■ JalafN JaIE% dwnd 0011136411 r m U2 CD 7 i Ial . • Gi m " V ill /61 ik,-j-- - -j--1 N1 • r ak IL—Iii * I. '§ Et N •N 0) Q. sot O fD . `1 m • O` O O O O zu a N rft O Landscape Maintenance District No. 2 — City of Rancho Cucamonga 20 Fiscal Year 2017/18 Attachment 02 P237 ESTIMATE OF COSTS The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 553,780 Overtime Salaries 1,090 Part-time Salaries 90,220 Fringe Benefits 274,010 Subtotal - Personnel 919,100 Operations and Maintenance: Operations and Maintenance: 0 & M/General 75,850 Vehicle Operations and Maintenance 5,000 Emergency Equipment and Vehicle Rental 200 Subtotal - Operations and Maintenance 81,050 Contract Services: Contract Services/General 1,317,630 Tree Maintenance 163,340 Subtotal - Contract Services 1,480,970 Utilities: Telephone Utilities 440 Water Utilities 752,410 Electric Utilities 95,590 Subtotal - Utilities 848,440 Assessment Administration 36,060 Admin./General Overhead 265,170 Interfund Allocation 75,180 Subtotal - Operations and Maintenance 2,786,870 Capital Expenditures: Captial Outlay - Equipment 17,000 Captial Outlay - Improvements Other Than Building 13,200 Captial Projects 400,000 Subtotal - Capital Expenditures 430,200 Total Expenditures Budget $ 4,136,170 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 21 Fiscal Year 2017/18 Attachment 02 P238 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 3,372,930 Anticipated Prior Year Delinquencies Collection 34,730 Subtotal - Taxes 3,407,660 Other Revenues: Interest Earnings Park Maintenance Fees Subtotal - Other Revenues: 31,760 2,000 33,760 Transfer In: Transfer In - General Fund 293,490 Total Revenues Budget $ 3,734,910 Contribution to/(Use of) Fund Balance $ (401,260) Total Gross Estimated Assessments $ 3,405,572.18 Total District EBU Count 76,613.33 Actual Assessment per EBU - Fiscal Year 2017/18 $ 44.47 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 44.47 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per Equivalent Benefit Unit ("EBU") will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be the same or lower than the maximum allowable assessment; however, it may not exceed the maximum after the application of the cost of living inflator, as defined in this report, unless the excess increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 3,129,495 Contribution to Reserve - Fiscal Year 2017/18 (401,260) Estimated Reserve Fund Balance, June 30, 2018 $2,728,235 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 22 Fiscal Year 2017/18 Attachment 02 P239 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget for the maintenance and servicing of the improvements: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other Targe improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 2 — City of Rancho Cucamonga 23 Fiscal Year 2017/18 Attachment 02 P240 BENEFITS FROM IMPROVEMENTS AND QUANTIFICATION Benefits from Improvements The improvements previously defined are expected to confer certain special benefits to parcels within the District. The benefits are described below. Sidewalks and Community Trails People walk for a variety of reasons, whether the reason is to commute to work or school, run errands, shop, leisure activities, fitness, or some other purpose. To enhance the overall walking experience, pedestrians seek out and utilize sidewalk facilities and community trails that are in close proximity to their property and provide a safe place to walk as well as an environment that provides a certain amount of visual interest. Sidewalks and community trails serve as a critical component in the transportation network providing users access to parks and recreational areas, schools, commercial areas, and neighbors. According to the U.S. Department of Transportation Federal Highway Administration (FHWA) sidewalks provide many benefits including safety, mobility and healthier communities (FHWA, n.d). • Improved Aesthetics: A survey conducted by DMB (an Arizona based commercial developer) found that there was a strong demand for communities characterized by pedestrian access, a sense of connection, and a sense of community and diversity (Urban Land Institute, 2006). According to the Urban Land Institute report Creating Walkable Places: Compact Mixed -Use Solutions, people want their neighborhoods to provide more opportunities to walk (Urban Land Institute, 2006). A survey sponsored by the Surface Transportation Policy Project found that 55% of respondents would like to walk more, 63% would like to run errands on foot and walk to stores, and 79% would like sidewalks and other places to walk and exercise (Urban Land Institute, 2006). The continued maintenance of the inter -connecting sidewalks and community trails improves the livability and appeal for properties within the District. • Increased Safety: According to the FHWA, sidewalks reduce roadway accidents, including pedestrian/motor vehicle accidents. In addition, roadways without sidewalks are more than twice as likely to have pedestrians involved in accidents compared to sites with sidewalks on both sides of the street (FHWA, n.d.). In 2008, the National Highway Traffic Safety Administration's (NHTSA) National Pedestrian Crash Report identified California as one of the states with the highest number of pedestrian deaths (NHTSA, 2008). • Economic Activity: Uniform and well-maintained sidewalk and community trail improvements create cohesion throughout the District. This cohesion enhances both the residential and retail experience as well as encourages maximum use of building and lot area. According to Active Living Research (2010), economic benefits of walkable developments include enhanced marketability and faster sales or leases than conventional development. The National Complete Streets Coalition notes that street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for and access to existing businesses, but also is a proven method for attracting new development (Pugliese, 2008). Landscape Maintenance District No. 2 — City of Rancho Cucamonga 24 Fiscal Year 2017/18 Attachment 02 P241 Street Landscaping The overall appeal and safety of an area is enhanced when landscaping improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal and safety decreases when landscaping is overgrown, unsafe or destroyed by the elements or vandalism. • Improved Aesthetics: Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the boundaries of the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements within the District. According to the Victoria Transport Policy Institute (2011), streetscapes have a significant effect on how people view and interact with their community. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents to the community. • Increased Safety: Safety for pedestrians involves not only a degree of protection from vehicular accidents, but also from criminal activity. Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study has found that after landscape improvements were installed, there was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid -block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant -less spaces (Wolf, 2010). The Victoria Transport Policy Institute (2011) has found that streetscapes reduce traffic speeds, and when combined with improved pedestrian crossing conditions, can significantly reduce collisions. Furthermore, maintained sidewalks and trails increase pedestrian safety by reducing the number of trips and falls from those using the improvements. • Economic Activity: Well-maintained street landscape improvements not only make adjacent properties appear more stable and prosperous, but can spur investment in the property. According to the FHWA, landscaped sidewalks create an inviting place for customers to shop and do business (FHWA, 2001). Parks Park facilities enhance the overall quality of an area and are an important component of complete and sustainable neighborhoods. Neighborhood parks offer both active and passive recreational opportunities: a place to play, exercise, spend time with neighbors, or relax. The parks within the District are developed and maintained to appeal to all age groups and interests, and promote a healthy community. Recreation and park facilities have proven to be a potent factor in maintaining a high standard of livability in the community. • Improved Aesthetics. The park improvements provide beautification, shade and enhancement to properties, which creates a sense of community for the parcels within the District. The overall appeal and desirability of an area is enhanced when public parks and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, appeal and desirability decrease when park and recreational facilities are unsafe or destroyed by the elements or vandalism. According to The Trust for Public Land, Corporate CEOs say that employee quality of life is the third most important factor in locating new businesses (Harnik and Welle, n.d.). Landscape Maintenance District No. 2 — City of Rancho Cucamonga 25 Fiscal Year 2017/18 Attachment 02 P242 • Economic Activity: Parks attract both businesses and residents to communities. According to The Trust for Public Land, small company owners say recreation, parks and open spaces in close proximity to properties used for business purposes are the highest priority in choosing a new location for their businesses. As a result of the collective improvements (sidewalks, community trails, street landscaping and parks) being maintained, the overall livability for properties within the District will increase. Livability encompasses several qualities and characteristics that are unique to a specific area. The Victoria Transport Policy Institute (2011) expands on the concept of livability and the various benefits associated with that designation: The livability of an area increases property desirability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and entertainment, aesthetics, and existence of unique cultural and environmental resources. Quantification of Benefit As a result of the District maintenance and servicing activities, there will be a level of general benefits to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the District maintenance and servicing activities, general benefits provided by the ongoing maintenance and servicing of the improvements needs to be quantified. The amount of general benefit that is provided from the District maintenance activities cannot be funded via property owners' assessments. The District currently consists of 5,890 single family residences, 592 condominium units, 589 multi -family (apartment) units, 42.33 acres of commercial property, 4 schools, 1 church, 1 fire station, and 36.99 acres of undeveloped property. Properties are classified by their land use code as shown on San Bernardino County's latest secured roll. Sidewalks and Community Trails The City is comprised of many smaller communities located throughout the City. Most of the communities have parks and schools that are proximate to and serve the residents in their immediate vicinity. There are four schools in addition to the six parks within the District. Two of the four schools have school District boundaries that are only within the Distrct. However, two of the schools include areas outside of the District as part of their school district boundaries. The primary reason persons living outside the District would enter the District would be to access the schools. Therefore, we must consider the school district boundary areas outside of the District when analyzing the pedestrian traffic that may use the sidewalks and community trails within the District. The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S. Department of Transportation Federal Highway Administration (FHWA, 2011) analyzed the number of person trips by various modes of transportations such as private vehicle, transit, Landscape Maintenance District No. 2 — City of Rancho Cucamonga 26 Fiscal Year 2017/18 Attachment 02 P243 walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation (FHWA, 2011). According to the U.S. Census Bureau (2010), the average household size in the City is 2.98 persons. Based on this average household size, and considering there are 6,957 residential units within the District, there are approximately 20,732 people residing within the District boundaries. There are an estimated 12,000 residential units within the school district boundaries that are not within the boundaries of the District. Based on the City's average household size, there are approximately 35,760 persons residing outside of the District boundaries, but within the school district boundaries. The following shows the estimated number of residential units and persons within the school district boundaries and either within or outside the District boundaries: School District Population Estimated Number of Residential Units Estimated Number of Persons Within District Boundaries 6,957 20,732 Outside District Boundaries 12,000 35,760 Total Population 18,957 56,492 In order to determine the estimated total number of persons who are within close proximity to the sidewalk and trail improvements, and would utilize walking as their mode of transportation, we applied the 11.70% of person trips reported from the NHTS Pacific Division study, to the total number of persons within District and school district boundaries (56,492). There are approximately 6,610 people within proximity of the District that utilize walking as their mode of transportation. Applying the 2009 NHTS walking trip percentage to the District population (20,732), we estimate that of the 6,610 persons who are within close proximity of the District and use walking as their primary mode of transportation, 2,426 people are within the District boundaries. Therefore, the total surrounding neighborhood area population, located outside of the District boundaries, but in close proximity to the sidewalk and trail improvements, who use walking as their primary mode of transportation is estimated to be 4,184 people. School District Population Estimated Number of Persons Within District Boundaries 2,426 Outside District Boundaries 4,184 Total Population — uses walking as primary mode of transportation 6,610 In order to obtain a better picture of the overall level of general benefit provided by the sidewalk and community trail improvements, the pedestrian traffic that utilizes walking as the mode of transportation that will seek out and use sidewalks and community trails within the District's boundaries, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 21,252 (in millions) reported walking trips. Based on the property types within the District, people utilizing the sidewalks and community trails within the District would most likely do so for the following reasons: walking to school, day care or religious activity, social or recreational activities, and shopping or running errands. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 27 Fiscal Year 2017/18 Attachment 02 P244 The following details the number of walking trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the sidewalk and community trail improvements within the District: Trip Purpose Number of Walking Trips (in millions) School/Daycare/Religious Activity 872 Shopping/Errands 5,820 Social/Recreational 2,268 Don't know/Other 139 Total 9,099 Of the total number of walking trips reported, 9,099 (in millions) or 42.81 % are for purposes that persons outside of the District would utilize the sidewalk and trail improvements within the District. Applying this percentage (42.81%) to the number of people using walking as their mode of transportation and that live outside of the District (4,184), but use the sidewalks and community trails within the District, there are approximately 1,791 people using the maintained sidewalks and community trails for general benefit purposes. The persons engaging in general benefit activities represents 3.17% of the total school district population (56,492), and is therefore considered to be District general benefit. School District boundary General Benefit 3.17% Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the sidewalks and trails within the District, but would use those proximate to their own properties. The City has regional trails that connect different areas of the City, and those trails do appeal to and attract other residents of the City as well as residents that live outside the City. Nevertheless, it is likely that certain members of the public at Targe use the sidewalks or community trails within the District. As such, we have assigned a 1.00% general benefit for the sidewalk and community trails to the public at large. Public at large General Benefit 1.00% Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the sidewalk and trail improvements is estimated to be 4.17% and the special benefit is estimated to be 95.83%. Sidewalk and Trail General Benefit 4.17% Street Landscaping Based upon the City's General Plan (2010) Roadway Hierarchy, the streets within the District are classified into one of the following categories: arterial, collector, or local (minor) streets. The majority of street landscaping is located along roads classified as collector and local streets and primarily situated within the public right-of-ways of the internal local street network. A portion of the maintained landscaping is, however, located along the arterial streets, and, as such, provides some general benefit to pass-through traffic. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 28 Fiscal Year 2017/18 Attachment 02 P245 Local Streets For purposes of determining general and special benefits, all streets within the District other than the specific streets listed as collector and arterial streets below are considered local streets. The local streets within the District were intended to serve individual neighborhoods and not to be pass-through streets, but cul-de-sacs or loop roads to reduce through traffic (Victoria Community Pian, 1980). In addition, according to the City's General Plan (2010), the primary intended purpose of local streets is to serve fronting properties. From a visual inspection of the layout of the District one must conclude that the purpose of the local streets is exclusively intended for the benefit of the parcels on such streets. There is no local street that provides a direct or efficient means of traveling from one place to another such that one could reasonably expect a driver to purposefully choose the District's local streets as the best route for travel unless necessary because the route either began or ended with a parcel in the District. A route beginning or ending with a parcel within the District does not include the "general public" for purposes of determining general benefit. However, one can imagine a minimal degree of pass through traffic even on something such as a cul-de-sac. As expressed by the Court in Beutz v. County of Riverside (2010), "... courts of this state have long recognized that virtually all public improvement projects provide general benefits." Given the location to the schools, parks, and shopping in the City, there are bound to be drivers that make use of the local streets for no other reason but to turn around or go back from where they came, especially if they are dropping their children off at one of the schools. Additionally, given the nature of the street landscaping, one could imagine a small degree of "residential tourism" wherein drivers are in fact simply "passing through" to enjoy the beautiful views of the homes, the natural surroundings or visiting friends. A conservative estimate of 1.00% for each scenario would result in the general benefit portion of the improved aesthetics, increase safety, and economic activity benefits resulting from the street landscaping improvements on local streets to be 2.00% and the special benefit is estimated to be 98.00%. Local Street General Benefit 2.00% Collector Streets: Victoria Park, Etiwanda, Highland and Church Because of the similarities in use, layout, type, and designation, the benefits of Victoria Park, Etiwanda, Highland and Church are considered to be equal. Etiwanda, Highland and Church border the District and are used as the main access to and from properties within the District. Victoria Park serves as the main access point to each of the four schools and is the connector street running through the District. Victoria Park, Etiwanda, Highland and Church connect the various neighborhoods, schools and parks within the District in addition to providing circulation between the local streets and the arterial network. As such, we must also consider the neighborhoods that surround the District and are within the school district boundaries, but not within the actual District when analyzing vehicle traffic that may use the streets within the District. The City's Traffic Study (2009) does not include the traffic volume and number of daily trips on the connector streets within the District. As such a study is unavailable at this time we have use the NHTS Pacific Division data in order to estimate the number of drivers who use the streets within the District. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 29 Fiscal Year 2017/18 Attachment 02 P246 According to the Pacific Division data extracted from the NHTS database, of the annual 181,703 (in millions) total person trips, 152,827 (in millions) or 84.11% of those trips were made using a personal motor vehicle (FHWA, 2011). According to the 2001 National Household Travel Survey, household file, U.S. Department of Transportation (2001), the mean drivers per household is 1.75. Based on the drivers per household average, and considering the 6,957 households within the District, there are approximately 12,175 drivers within the District. There are an estimated 12,000 residential units within the school district boundaries that are not within the boundaries of the District. Based on the drivers per household average, there are approximately 21,000 additional drivers that reside outside of the District boundaries, but are in close proximity to the District. School District Population Estimated Number of Residential Units Estimated Number of Drivers Within District Boundaries 6,957 12,175 Outside District Boundaries 12,000 21,000 Total 18,957 33,175 Applying the percentage of vehicle trips (84.11 %) reported from the NHTS Pacific Division study to the District and school district boundaries area outside of the District population sets (33,175), approximately 27,903 people are within proximity of the District that utilize a private vehicle as their primary mode of transportation. Applying the 2009 NHTS vehicle trip percentage to the estimated number of drivers within the District (12,175) approximately 10,240 people within the District boundaries use a personal vehicle as their primary mode of transportation. Therefore, the total surrounding neighborhood area population, located outside of the District boundaries, that uses a vehicle as their mode of transportation is estimated to be 17,663 people. School District Population Estimated Number of Persons Within District Boundaries 10,240 Outside District Boundaries 17,663 Total Population — uses personal vehicle as primary mode of transportation 27,903 In order to obtain a better picture of the overall level of general benefit provided by the improvements, the vehicle traffic that will seek out and use the collector streets to access parcel's within the District, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 152,827 (in millions) reported vehicle trips. Based on the property types within the District, people utilizing the collector streets to access properties within the District would most likely do so for the following reasons: attend school, day care or religious activity, social or recreational activities, and to shop or run errands. The following details the number of vehicle trips for each of the activities that are the most likely reasons people outside of the District would use the collector streets to access properties within the District: Landscape Maintenance District No. 2 — City of Rancho Cucamonga 30 Fiscal Year 2017/18 Attachment 02 P247 Trip Purpose Number of Vehicle Trips (in millions) SchooVDaycare/Religious Activity 6,470 Shopping/Errands 30,998 Social/Recreational 16,185 Don't know/Other 688 Total 54,341 Of the total number of vehicle trips reported, 54,341 (in millions) or 35.56% are for purposes that persons outside of the District would most likely utilize the collector streets within the District. Applying this percentage to the number of people using vehicles as their primary mode of transportation and live outside of the District (17,663), but would use Victoria Park, Etiwanda, Highland or Church as a connector to their destination within the District, there are approximately 6,281 people using the maintained streets for general benefit purposes. The persons engaging in general benefit activities represents 18.93% of the total estimated drivers (33,175), and is therefore considered to be District general benefit. As previously mentioned, the local street special benefit has been estimated at 98.00% and, as such, the estimated minimum special benefit of Victoria Park, Etiwanda, Highland and Church should be reduced by 2.00% to account for that portion of traffic using local streets representing general benefit. Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the street landscaping improvements on collector streets is estimated to be 20.93% and the special benefit is estimated to be 79.07%. Collector Street General Benefit 20.93% Arterial Streets: Milliken, Base Line, Day Creek and Rochester Arterial streets are intended to provide a higher degree of mobility and generally serve longer vehicle trips. The arterial streets with landscape improvements serve not only residents in the immediate vicinity, but persons who live outside of the District and are passing by. The City's Traffic Study (2009) does not identify the percentage of traffic on arterial streets, which is pass- through traffic. Before we determine and allocate the percentage of special and general benefit for the arterial streets, we must first compute the estimated pass-through traffic. In lieu of having a study that identifies the pass-through traffic on the arterial streets, the estimated number of special benefit trips on the collector streets has been used since in order to enter or exit the District, a vehicle must travel on one of the arterial streets listed below. Per the City's General Plan (2010), collector streets have an estimated 5,000 to 20,000 vehicles per day, for an average of 12,500. Taking the 12,500 average daily trips for collector streets, 2,616 trips (20.93%) are for general benefit purposes, and 9,884 trips (79.07%), is deemed to be for special benefit purposes. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 31 Fiscal Year 2017/18 Attachment 02 P248 (1 The 20.93% general benefit percentage already includes the 2.00% general benefit to account for the portion of traffic using for local streets. The City's Traffic Study (2009) does provide an estimated number of daily trips for specific areas within the District. When the City's Traffic Study (2009) did not provide the estimated number of daily trips the average number was derived from the estimates provided in the City's General Plan. Street Name Estimated Number of Trips Collector Street Special Benefit — 79.07% 9,884 Collector Street General Benefit — 20.93%1 2,616 Total 12,500 (1 The 20.93% general benefit percentage already includes the 2.00% general benefit to account for the portion of traffic using for local streets. The City's Traffic Study (2009) does provide an estimated number of daily trips for specific areas within the District. When the City's Traffic Study (2009) did not provide the estimated number of daily trips the average number was derived from the estimates provided in the City's General Plan. Street Name Average Number of Vehicles per Dayt Milliken 30,400 Base Line 19,140 Day Creek 25,000 Rochester 12,500 (1) Average Number of Vehicles per Day is from the City's Traffic Study for Milliken Ave and Base Line, (average based on City's Traffic Study at points of street within the District), and from the City's General Plan for Day Creek Blvd and Rochester Ave. Based on the estimated number of 9,884 trips for special benefit purposes, we then reduce the average number of vehicles for each arterial street, to calculate our estimated pass-through trips. The pass-through trips are vehicles driving along the maintained streets within the District for a portion of their trips, but not residing in the District or benefiting from the landscaping improvements in place. Street Name Average Number of Vehicles per Day Less: Estimated Special Benefit Trips Estimated Number of Pass Through Trips Estimated % General Benefit Milliken 30,400 9,884 20,516 67.49% Base Line 19,140 9,884 9,256 48.36% Day Creek 25,000 9,884 15,116 60.47% Rochester 12,500 9,884 2,616 20.93% Although Rochester is listed as an arterial, the City's General Plan (2010) Roadway Hierarchy includes this street as a Tertiary Travel Corridor, which categorizes the street as more locally oriented and locally travelled. In addition, the Roadway Hierarchy says that the typical number of vehicles per day is between 10,000 and 15,000 (average 12,500). Etiwanda Avenue and Church are also included in the category, and as such, the general benefit trip percentage is close to the same as for the collector streets. As previously mentioned, the estimated minimum special benefit of Milliken, Base Line, Day Creek and Rochester have already been reduced by 2% to account for that portion of traffic using local streets representing general benefit. Street Landscaping General Benefit Percentage The general benefit percentages determined in the previous sections were then applied to each type of road in the District. The area in square feet of landscaping being maintained in the District was determined by the City's Public Works Department. The general benefit percentage Landscape Maintenance District No. 2 — City of Rancho Cucamonga 32 Fiscal Year 2017/18 Attachment 02 P249 for each road and street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the overall general benefit percentage. The following table details this calculation. Street Name Street Type(1) Total Square Footage General Benefit Percentage General Benefit Square Footage Milliken Arterial 265,926 67.49% 179,473 Base Line Arterial 367,018 48.36% 177,490 Day Creek Arterial 263,062 60.47% 159,074 Rochester Arterial 175,573 20.93% 36,747 Church Collector 181,344 20.93% 37,955 Etiwanda Collector 10,358 20.93% 2,168 Highland Collector 290,275 20.93% 60,755 Victoria Park Collector 1,348,966 20.93% 282,339 Local/Minor Streets Local/Minor Streets 2,912,709 2.00% 58,254 Totals: 994,255 Street Landscaping General Benefit 17.10% Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the street landscaping improvements is estimated to be 17.10% and the special benefit is estimated to be 82.90%. Neighborhood Parks The six parks within the District were installed specifically for the residents of the District. Each of the parks is considered to be a neighborhood park, intended to serve those parcels within a one-half mile radius from the park. All parcels within the District are within a one-half mile from one of the six neighborhood parks, and most parcels outside of the District have their own neighborhood parks within close proximity. Even though the park facilities were installed for the benefit of the residents and those working within the District, there will be some general benefit to those people who do not live or conduct business inside the District. There are 43.10 acres of park land within the District. According to the Trip Generation (2003) report, a City park generates an average of 1.59 trips per acre, with a range of rates between 1.04 — 8.00 (arithmetic mean is 4.52). Considering the mean rate per acre (4.52 trips), there are approximately 195 daily trips generated for parks within the District. According to the 2009 NHTS database, the average number of persons per vehicle is estimated to be 1.61 persons. Therefore, based on the 195 daily park trips generated, 314 people are using the parks within the District. There is a standard of one-half mile as a reasonable distance to walk to a park (California DOT, 1979). There are 6,957 households within the District, and an additional 1,834 households that are within a one-half mile and have direct access to the parks, but whose properties are not within the boundaries of the District. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 33 Fiscal Year 2017/18 Attachment 02 P250 One -Half Mile Park Population Estimated Number of Residential Units Percentage Within District Boundaries 6,957 79.14% Outside District Boundaries 1,834 20.86% Total Population 8,791 100.00% To allocate the average of park trips generated and people using the parks within the District, we allocate the 314 estimated people using the parks daily by the percentages shown above. Based on the one-half mile radius population, approximately 66 people may use the parks within the District, but living outside of the boundaries of the District. One -Half Mile Park Population Estimated Number of People Using Parks Daily Within District Boundaries 248 Outside District Boundaries 66 Total Population 314 A factor that has been considered is that most of the people living within the one-half mile radius from the parks within the District also live within a closer distance to other parks that are not within the District, and will most likely use the parks that are closer in proximity to their property. However, in calculating the general benefit usage we recognize that those people may still use the District parks. Taking the 66 persons using the parks within the District, but residing outside of the District, divided by the total population residing outside of the District, but within one-half mile from the parks (1,834), the estimated percentage of persons engaging in general benefit park activities that do not reside within the District represents 3.60%. One -Half Mile Boundary General Benefit 3.60% Given the location and size of the parks, it is very unlikely the public at large would seek out or use these smaller, local parks. Especially, when the City has larger community and regional parks that are intended to attract people from outside areas, and provide recreational opportunities beyond those supplied by the neighborhood parks. However, various sports teams are allowed access to the parks for games even though according to the City, sports teams with members residing within the District are given first priority for use of the parks. Nevertheless, it is likely that certain members of the public at large may use the smaller parks, and as such, we have assigned a 1.00% general benefit for the park improvements to the public at large. Public at large General Benefit 1.00% Based on the above calculations, the general benefit portion of the improved aesthetics and economic activity benefits resulting from the park improvements is estimated to be 4.60% and the special benefit is estimated to be 95.40%. Park General Benefit 4.60% Landscape Maintenance District No. 2 — City of Rancho Cucamonga 34 Fiscal Year 2017/18 Attachment 02 P251 Collective General Benefit Since the District is comprised of improved aesthetics, increased safety and economic activity benefits resulting from a blend of improvements (sidewalks, trails, street landscaping and parks), the activity of both pedestrians and vehicles must be addressed in a collective form rather than independently. Therefore, the arithmetic mean of the general benefit percentages has been used to quantify the overall level of general benefit for the District. This general benefit result is provided in the table below: Sidewalk and Trail General Benefit 4.17% Street Landscaping General Benefit 17.10% Park General Benefit 4.60% District General Benefit 8.62% The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 8.62%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 91.38%. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act, Article XIII D of the California Constitution, and the Proposition 218 Omnibus Implementation Act, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: 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]. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 35 Fiscal Year 2017/18 Attachment 02 P252 Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Examples of parcels exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and right-of- ways, public greenbelts and public parkways. Furthermore, Proposition 218 requires the City to separate general benefits from special benefits, whereas only special benefits may be assessed. As further detailed in the following sections, the Method of Assessment uses the following components to assign special benefit to each parcel: • Benefit Points: Assignment of points for aesthetic, safety and economic special benefits. • Benefit Factor: Multiplier. For residential parcels the benefit factor is units, and for non- residential parcels the benefit factor is lot size (acreage). • Benefit Units: Sum of a parcel's benefit points multiplied by the parcel's benefit factor. The total amount is the special benefit units assigned to a parcel. Apportioning of Special Benefit As previously outlined, each of the parcels within the District receives a special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements and services provided is identified and the proportionate special benefits derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. 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 District. In addition, the Landscape Maintenance District No. 2 — City of Rancho Cucamonga 36 Fiscal Year 2017/18 Attachment 02 P253 community trails are located throughout the District and serve as connectors between the different neighborhoods, school and shopping locations. All properties are within similar proximity to the trail improvements. Many trails are located along the sidewalks and streets, and all properties within the District have access to the trails through the various access points located throughout the entire District. The Single Family Residential parcels within the District are relatively similar in both building size and lot size. Since the improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 4.00 aesthetic benefit points, one for each of the improvement types. Multi -Family and Condominium parcels are within close proximity to the sidewalks, and receive the benefit of having maintained sidewalks for users to travel and access the property. Although these parcels benefit from the aesthetics of the sidewalks they do not receive the same benefit as Single Family Residential parcels, since Multi -Family and Condominium parcels do not have continuous sidewalk improvements along the frontage of each parcel/unit. Multi -Family and Condominium parcels are within a one-half mile of the neighborhood parks, use the roads with street landscaping to enter and exit their housing complexes within the District, and are in close proximity to the trail improvements. Accounting for the lower average household size of Multi - Family and Condominium parcels, and not having continuous sidewalk improvements directly fronting their property/unit, these properties have a reduced level of benefit from the improvements. Multi -Family and Condominium parcels are assigned 2.80 benefit points. Maintained sidewalks and street landscaping create an aesthetically pleasing environment for both employees and patrons of commercial properties. The overall aesthetics, interest and desirability of commercial properties within the District increase, as a result of the maintenance and servicing of the collective improvements. Based on the City's Land Use Plan and residential designations of homes within the District, there is an average of six Single Family Residential properties per acre within the District (General Plan, 2010). However, given the nature of their property use type, Commercial properties do not receive the same level of benefit 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 37 Fiscal Year 2017/18 Attachment 02 P254 parcels they serve, and based upon their property usage (wireless towers, flood control basins and fire trail/access roads) do not benefit from the increased aesthetics. The following shows the aesthetic benefit points assigned to the parcel land use categories within the District: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi -Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels — Church/Fire Station/School 1.00 Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Safety Benefit Points Safety Benefit Points are assigned based upon the property's proximity to the improvements as well as the property's existing land use. The Single Family Residential parcels within the District are relatively similar in both building size and lot size. Since the sidewalks, trails and street landscaping improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 3.00 safety benefit points, one for each of the improvement types. Based on the additional pedestrian traffic that commercial property generates compared to residential property, and that there is an average of six Single Family Residential Properties per acre within the District, Commercial parcels are assigned 18.00 benefit points. Multi -Family 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 38 Fiscal Year 2017/18 Attachment 02 P255 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 Use Category Safety Benefit Points Single Family Residential 3.00 Condominium Residential 2.10 Multi -Family Residential 2.10 Commercial/Industrial 18.00 Public Service Parcels — Church/Fire Station/School 2.00 Undeveloped 0.30 Common Area/Roads/Easements/Utility 0.00 Economic Benefit Points Accounting for the existing economic activity throughout the District, as well as the potential for properties to develop, redevelop and invest in their economic presence, properties within the District are assigned benefit points for the economic activity benefits received from the uniform and maintained improvements. Economic activity benefit points are assigned based upon the property's location to the District activities, as well as the property's existing land use. The District's improvements will allow properties to maximize their development, land use and occupancy rates. Residential land uses are assigned benefit points in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 39 Fiscal Year 2017/18 Attachment 02 P256 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: Parcel Land Use Category Economic Benefit Points Single Family Residential 4.00 Condominium Residential 3.20 Multi -Family Residential 2.80 Commercial/Industrial 18.00 Public Service Parcels — Church/Fire Station/School 0.00 Undeveloped 1.50 Common Area/Roads/Utility 0.00 Total Special Benefit Points Calculation The formula below shows the total special benefit points calculation for each parcel within the District: Parcel's Total 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 40 Fiscal Year 2017/18 Attachment 02 P257 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 Non -Residential Parcel Factor = Acreage Total Benefit Units per Parcel Calculation To appropriately quantify and assign the total benefit units for each parcel within the District, the total special benefit points are further adjusted according to the formula below: Parcel's Total Benefit Units Parcel's Total = Special Benefit X Points Parcel Factor Total Special Benefit Units The total special benefit units for the District at this time are 76,613.33 Data Considerations and Parcel Changes The use of the latest Assessor's Secured Roll information has been and shall be used in the future as the basis in determining each parcel's land use category, units and lot size (acreage), unless better data was or is available to the City. In addition, if any parcel within the District is identified by the Auditor/Controller to be an invalid parcel number, the land use category, units and lot size (acreage) of the subsequent valid parcels shall serve as the basis in assigning parcel factor special benefit units. If a single parcel changes to multiple parcels, the special benefit units shall be recalculated based on the property type, number of units and acreage data for the new parcels, rather than each new parcel receiving a proportionate share of the original assessment. Special Considerations: Publicly Owned Parcels Any publicly owned parcels that benefit from the improvements cannot be exempt from the assessment. The special benefits accruing to these types of parcels must be determined using the same kind of formulas and benefit point assignment as applied to privately owned parcels. This requirement is clearly conveyed in Article XIII D, Section 4(a) of the California Constitution which states in part, "... Parcels within a district that are owned or used by any agency, the State of Califomia 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 41 Fiscal Year 2017/18 Attachment 02 P258 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 Method of Assessment Spread The method of assessment is based upon a formula that assigns the special benefits to each parcel, with special benefit points being adjusted by the parcel's number of units or lot size (acreage). The formula below provides a summary of the annual assessment calculation for each parcel in the District. (A) Parcel's Total = Benefit Units (B) Parcel's Total _ Special Benefit Points (C) Parcel Factor (B) Parcel's Total Special Benefit Points (C) X Parcel Factor Parcel's Parcel's Parcel's Aesthetic + Safety + Economic Benefit Points Benefit Points Benefit Points Residential Parcel Factor = Units Non -Residential Parcel Factor = Acreage ApplVinq 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 42 Fiscal Year 2017/18 Attachment 02 P259 Step 2: Determine each parcel's appropriate aesthetic benefit points based on land use. The aesthetic benefit points are shown in the following table: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi -Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels — Church/Fire Station/School 1.00 Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Step 3: Determine each parcel's appropriate safety benefit points based on land use. The safety benefit points are shown in the following table: Parcel Land Use Category Safety Benefit Points Single Family Residential 3.00 Condominium Residential 2.10 Multi -Family Residential 2.10 Commercial/Industrial 18.00 Public Service Parcels — Church/Fire Station/School 2.00 Undeveloped 0.30 Common Area/Roads/Easements/Utility 0.00 Step 4: Determine each parcel's appropriate economic benefit points based on land use. The economic benefit points are shown in the following table: Parcel Land Use Category Economic Benefit Points Single Family Residential 4.00 Condominium Residential 3.20 Multi -Family Residential 2.80 Commercial/Industrial 18.00 Public Service Parcels — Church/Fire Station/School 0.00 Undeveloped 1.50 Common Area/Roads/Utility 0.00 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 43 Fiscal Year 2017/18 Attachment 02 P260 Step 5: Sum the aesthetic benefit points, safety benefit points and economic benefit points for each parcel. The total benefit points are shown in the following table: Parcel Land Use Category Aesthetic Benefit Points Safety Benefit Points Economic Benefit Points Total Benefit Points Single Family Residential 4.00 3.00 4.00 11.00 Condominium Residential 2.80 2.10 3.20 8.10 Multi -Family Residential 2.80 2.10 2.80 7.70 Commercial/Industrial 16.00 18.00 18.00 52.00 Public Service Parcels — Church/ Fire Station/ School 1.00 2.00 0.00 3.00 Undeveloped 0.40 0.30 1.50 2.20 Common Area/ Roads/ Easements/ Utility 0.00 0.00 0.00 0.00 Step 6: Determine the appropriate parcel factor based on the parcel's land use. The unit of measurement for each parcel factor, by land use, is shown in the following table: Residential Parcel Factor = Units Non -Residential Parcel Factor = Acreage Step 7: Multiply the total benefit points by parcel factor to compute each parcel's total special benefit units. Step 8: Sum the result of Step 7 for all parcels in the District. Step 9: Separate the general benefit from the special benefit, and divide the portion of the budget representing special benefit by the result of Step 8 to compute the rate per benefit unit. Step 10: Multiply each parcel's total benefit units by the result of Step 9 to compute each parcel's assessment. Step 11: In future years the rate per benefit unit may be adjusted by inflation. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 44 Fiscal Year 2017/18 Attachment 02 P261 Proposed Maximum Assessment Rates The Fiscal Year 2017/18 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 2017/18, the calculation is as follows: Maximum Assessment _ Special Benefit / District's Total per Benefit Unit to be Assessed Benefit Units $44.47 = $3,405,572.18 / 76,613.33 Parcel Land Use Category Total Benefit Points Parcel Factor Maximum Allowable Assessment for 2017/18 Single Family Residential 11.00 Parcel $489.17 Condominium Residential 8.00 Unit 360.21 Multi -Family Residential 7.70 Unit 342.42 Commercial/Industrial 52.00 Acre 2,312.44 Public Service Parcels - Church/ Fire Station/ School 3.00 Acre 133.41 Undeveloped 2.20 Acre 97.83 Common Area/ Roads / Easements/ Utility 0.00 Parcel 0.00 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. The actual assessment rate for Fiscal Year 2017/18 will increase from $476.19 to $489.17 per single-family residence, a rate increase of 2.71% as compared to Fiscal Year 2016/17. The proposed Fiscal Year 2017/18 rates are equal to or less than the maximum allowable assessment amount authorized by Proposition 218. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 45 Fiscal Year 2017/18 Attachment 02 P262 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 46 Fiscal Year 2017/18 Attachment 02 P263 03 N Grove Av Vineyard Av Hatft[[gn Av • + • Archibald Av HertmosaAv� Haven Av Milliken Au mN ,c a m m W co • N 7 co f-• imli , Rochester Avg Etiwanda Av 0 in 0 0) N O 0 N East AvL r- 0 • 3• C. 0 0 pa awl eseg Rochester Av Carnelian St -HetlmarrAv- 1 Archibald Av Hermosa-Av— Haven Av Wi _Creek BI I Etiwanda Av Cherry Av Landscape Maintenance District No. 2 — City of Rancho Cucamonga 47 Fiscal Year 2017/18 Attachment 02 P264 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate Per EBU Total Units/ Acres Total EBUs Total Assessment Single Family Residential $44.47 5,890.00 64,790.00 $2,880,740.10 Condominium Residential 44.47 592.00 4,795.20 213,084.48 Multi -Family Residential 44.47 589.00 4,535.30 201,701.79 Commercial/ Industrial 44.47 42.33 2,200.90 97,870.92 Public Service Parcels — Church/Fire Station/ School 44.47 70.27 210.82 9,365.22 Undeveloped 44.47 36.99 81.11 2,809.67 Common Area, Roads, Easements, Utility Parcels - - - - Total 7,220.59 76,613.33 $3,405,572.18 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2017/18: APN Annexation Date Project Name Total Units/Acres Total EBUS Property Type 1089-011-04 03/16/2016 TR18508 31.00 31.00 Single Family Residential Landscape Maintenance District No. 2 — City of Rancho Cucamonga 48 Fiscal Year 2017/18 Attachment 02 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 3A (Hyssop) P265 Attachment 03 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3A (HYSSOP) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P266 Attachment 03 P267 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 8 METHOD OF ASSESSMENT 9 Overview 9 General Benefit 10 Special Benefit 10 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Attachment 03 P268 ENGINEER'S LETTER WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 3A (Hyssop) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2017/18 Budget Expe nditures Operations and Maintenance $ 8,570 Total Expenditures Budget 8,570 Revenues Taxes: Estimated Assessments 3,730 Other Revenues 440 Total Revenues Budget 4,170 Contribution to/(Use of) Fund Balance $ (4,400) Total District EBU Count 9.00 Actual Assessment per EBU $ 413.74 Maximum Allowable Assement per EBU $ 413.74 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 1 Fiscal Year 2017/18 Attachment 03 P269 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 3A — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 03 P270 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 3A — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 03 P271 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City South and East of Hyssop south of 6th. 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 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 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 03 P272 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 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 2017/18 Attachment 03 P273 s i Milliken Av Charles Smith Av J8j,8w !8 ..�.�._.m:s._._ Etiwanda Av Landscape Maintenance District No. 3A — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 03 P274 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Operations and Maintenance: Operations and Maintenance: 0 & MlGeneral $ 500 Contract Services: Contract Services/General 4,780 Utilities: Water Utilities 1,000 Electric Utilities 940 Subtotal - Utilities 1,940 Assessment Administration 50 Admin./General Overhead 1,300 Subtotal - Operations and Maintenance 8,570 Total Expenditures Budget 8,570 Revenues Taxes: Estimated Assessments 3,730 Other Revenues: Interest Earnings 440 Total Revenues Budget $ 4,170 Contribution to/(Use of) Fund Balance $ (4,400) Total Gross Estimated Assessments $ 3,723.66 Total District EBU Count 9.00 Actual Assessment per EBU - Fiscal Year 2017/18 $ 413.74 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 413.74 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of Landscape Maintenance District No. 3A — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 03 P275 maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 36,946 Contribution to Reserve - Fiscal Year 2017/18 (4,400) Estimated Reserve Fund Balance, June 30, 2018 $ 32,546 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for Landscape Maintenance District No. 3A — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 03 P276 administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other Targe improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 03 P277 The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at Targe do not Landscape Maintenance District No. 3A — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 03 P278 share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Non -Residential 1.00 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. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 03 P279 The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Non -Residential $413.74 $413.74 9.00 9.00 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 03 P280 g co m CD XI CO i 0 Grove Av a. Vineyard Av A � S to Hellman Av Archibald Av Hermosa Av B Haven Av I Milliken Av Rochester Av Etiwanda Av • 1 East Av IfO CD C. 5 s co 1 CO 1—. m XI 0. r. Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av MEMMOOMIIII =MM../NJ Milliken Av IRochester Av Day CreekB11 1 Etiwanda Av I I Cherry Av it Landscape Maintenance District 3A Landscape Maintenance District No. 3A — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 03 P281 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Non -Residential $413.74 9.00 9.00 $3,723.66 Totals 9.00 9.00 $3,723.66 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations for the Fiscal Year 2017/18. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 03 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 3B (Commercial Industrial) P282 Attachment 04 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P283 Attachment 04 P284 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 8 ESTIMATE OF COSTS 10 District Budget 10 Definitions of Budget Items 12 METHOD OF ASSESSMENT 13 Overview 13 General Benefit 13 Special Benefit 14 Method of Assessment Spread 14 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL AND ANNEXATIONS 18 Assessment Roll 18 Annexations 18 Attachment 04 ENGINEER'S LETTER P285 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 136,430 910,490 1,046,920 813,720 10,700 824,420 258,130 1,082,550 $ 35,630 2,912.20 $ 282.24 $ 352.80 Landscape Maintenance District No. 3B — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 04 P286 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 3B — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 04 P287 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 3B — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 04 P288 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill on the north, 4th on the South, East on the east and Grove 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 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 04 P289 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. Ground Cover area: 5,715 square feet Hardscape area: 6,068 square feet J-3 The 6th median from Milliken to Pittsburg. Ground Cover area: 3,300 square feet J-4 The entry monuments on the east and west side of 4th and Milliken. The Milliken median from 4th St to 6th St. Ground Cover area: 30,594 square feet Hardscape area: 1,748 square feet J-5 The Milliken median from Arrow to Jersey. Ground Cover area: 10,220 square feet J-6 The Spruce median from Foothill to White Oak. Ground Cover area: 4,300 square feet J-7 The 6th median from Pittsburg to Richmond. Ground Cover area: 5,114 square feet J-8 The 6th from Richmond to Buffalo. Ground Cover area: 2,476 square feet J-9 The Milliken railroad underpass. Ground Cover area: 165,633 square feet, Turf area: 4,897 square feet J-10 The 6th median from Cleveland to 1,820 feet east of Cleveland. Ground Cover area: 13,310 square feet J-11 The 6th 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 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 04 P290 J-13 The Milliken median from Century to Foothill. Ground Cover area: 3,330 square feet J-14 The 6th median from Utica to Cleveland. Ground Cover area: 8,559 square feet J-15 The 6th 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 median south of Foothill including the traffic circle. Ground Cover area: 6,490 square feet H-1 The Haven median from 4th to 6th. Ground Cover area: 21,205 square feet Converted 8,935 sq. ft. of turf to ground cover effective April 1, 2013. H-2 The Haven medians from 6th to the underpass bridge. The east and west side parkways and slopes on Haven from Acacia to underpass bridge. Ground Cover area: 54,720 square feet Converted 2,960 square feet of turf to ground cover effective April 1, 2013. H-3 The Haven medians from underpass bridge to Arrow. The east and west side parkways and slopes on Haven from the underpass bridge to Jersey. Ground Cover area: 56,210 square feet H-4 The Haven median from Arrow 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 FH -2 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 landscape maintenance district 4-R. 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 landscape maintenance district 4- R. Landscape Maintenance District No. 3B — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 04 P291 FH -3 The Foothill median from 790 feet west of Market to Market. Ground Cover area: 4,434 square feet FH -4 The Foothill median from Market to Etiwanda. Ground Cover area: 10,392 square feet FH -5 FH -6 The Foothill median from 360 feet west of Masi to 516 feet west of Masi. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. 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 landscape maintenance district 4-R. FH -7 The Foothill median from Vineyard to Orchard Plaza. Ground Cover area: 2,605 square feet FH -8 The Foothill median from Orchard Plaza to Lion. Ground Cover area: 344 square feet FH -9 The Foothill median from Hellman to Malachite and from Malachite to Archibald. Ground Cover area: 21,474 square feet FH -10 The Foothill median from Archibald to Ramona. Ground Cover area: 4,770 square feet FH -11 The Foothill median from Ramona to Hermosa. Ground Cover area: 5,210 square feet FH -12 The Foothill median from Hermosa to Center. Ground Cover area: 6,329 square feet FH -13 The Foothill median from Center to Haven. Ground Cover area: 6,286 square feet FH -14 The Foothill 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 median from 1,225 feet west of Day Creek to Day Creek. Ground Cover area: 4,905 square feet Landscape Maintenance District No. 3B — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attarhmant (ld P292 FH -16 The Foothill 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 8 Fiscal Year 2017/18 Attachment 04 P293 oilman Av Archibald Av Hermosa Av Hawn Av Milliken Av Grow Av Vinyard Av c. floc::? Aa N Masanda Av g. CA East Av = ----+ co r m N JePayy 181eM r ■ Qn CD a ,n c 3 -10 Cherry Av Carnelian St z Hellman Ave Q. Arztebdd fD Hermosa Av sii V' Haven Av z C) - Day Creak d "Z i i W - • Etlwarda Av 03 -. East Av 1 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 04 P294 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 75,550 Part-time Salaries 21,600 Fringe Benefits 39,280 Subtotal - Personnel 136,430 Operations and Maintenance: Operations and Maintenance: Computer Software 500 O & [A/General 10,500 O & MlFacilities 11,500 Subtotal - Operations and Maintenance 22,500 Contract Services: Contract Services/General 531,700 Contract Services/Facilities 120,300 Tree Maintenance 23,410 Subtotal - Contract Services 675,410 Utilities: Telephone Utilities 760 Water Utilities 110,960 Electric Utilities 58,720 Subtotal - Utilities 170,440 Assessment Administration 6,570 Admin./General Overhead 35,570 Subtotal - Operations and Maintenance 910,490 Total Expenditures Budget $ 1,046,920 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment f74 P295 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 813,720 Anticipated Prior Year Delinquencies Collection 10,700 Subtotal - Taxes 824,420 Other Revenues: Interest Earnings 17,790 Parking Permits 240,000 Other Revenue 340 Subtotal - Other Revenues: 258,130 Total Revenues Budget $ 1,082,550 Contribution to/(Use of) Fund Balance $ 35,630 Total Gross Estimated Assessments $ 821,939.33 Total District EBU Count 2,912.20 Actual Assessment per EBU - Fiscal Year 2017/18 $ 282.24 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 352.80 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 1,587,555 Contribution to Reserve - Fiscal Year 2017/18 35,630 Estimated Reserve Fund Balance, June 30, 2018 $ 1,623,185 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment fl4 P296 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 3B — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment n4 P297 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. 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 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 04 P298 must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. Traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit Landscape Maintenance District No. 3B — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 04 P299 derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Non -Residential 1.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Non -Residential $352.80 $282.24 2,912.20 2,912.20 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 2017/18 Attachment 04 P300 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 3B — City of Rancho Cucamonga 16 Fiscal Year 2017/18 Attachment 04 P301 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 17 Fiscal Year 2017/18 Attachment 04 P302 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Non -Residential $282.24 2,912.20 2,912.20 $821,939.33 Totals DRC2015-00650 2,912.20 2,912.20 $821,939.33 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2017/18: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0229-341-03 07/06/2016 DRC2015-00650 2.16 2.16 Non -Residential 0208-353-14 07/20/2016 PM19666 2.22 2.22 Non -Residential 0229-341-15 07/20/2016 DRC2015-00402 2.40 2.40 Non -Residential 0201-055-52 10/03/2016 PM19619 4.07 4.07 Non -Residential 0202-161-10, 11 & 20 12/07/2016 DRC2008-00909 0.67 0.67 Non -Residential Landscape Maintenance District No. 3B — City of Rancho Cucamonga 18 Fiscal Year 2017/18 Affarhmpnt i14 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 4-R (Terra Vista Planned Community) P303 Attachment 05 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 4-R (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P304 Attachment 05 P305 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 12 ESTIMATE OF COSTS 14 District Budget 14 Definitions of Budget Items 16 METHOD OF ASSESSMENT 17 Overview 17 General Benefit 17 Special Benefit 18 Method of Assessment Spread 18 Cost of Living Inflator 21 ASSESSMENT DIAGRAM 21 ASSESSMENT ROLL AND ANNEXATIONS 23 Assessment Roll 23 Annexations 23 Attachment 05 ENGINEER'S LETTER P306 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 1,049,650 1,229,260 457,000 2,735,910 2,714,850 13,750 2,728,600 50,540 2,779,140 $ 43,230 6,904.87 $ 397.15 $ 429.39 Land Scape Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 05 P307 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 05 P308 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 05 P309 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located north of Foothill, west of Rochester, east of Haven, south of Base Line and includes the northeast corner of Base Line and Haven. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement 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 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 05 P310 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 Danbury Meyers Bastia Danner Potomac Blackhorse De Anza Radcliff Brandywine Derby Regent Bunkerhill Downing Rockingham Cedarbrook Ellena Saranza Chesterton (s/o Terra Vista to Southhampton Clarisa Fitzpatrick) Terra Vista Corsica Emery (Church to Brandywine) (Countryview to Milliken) Fitzpatrick Wellington Countryview Fulbourn Yorktown (Mt. View to Palacio) Hinton Covington Linaro 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: 23,345 square feet Turf area: 16,545 square feet Hardscape area: 10,630 square feet TV -2 The Base Line median from Spruce to the Deer Creek Channel. Ground Cover area: 18,863 square feet Turf area: 15,067 square feet Hardscape area: 12,575 square feet TV -3 The Base Line median from Spruce to Milliken. Ground Cover area: 16,670 square feet Turf area: 14,857 square feet Hardscape area: 16,567 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 05 P311 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: Turf Cover area: Hardscape area: 16,613 square feet 5,324 square feet 7,950 square feet TV -5 The north side of Terra Vista from Belpine to 112 feet west of Butterfield; Terra Vista median from Spruce to Milliken and the south side of Terra Vista from 164 feet west of Belpine to Belpine. Ground Cover area: 19,738 square feet Turf area: 2,675 square feet Hardscape area: 13,328 square feet TV -6 The north side of from Spruce to 175 feet north of Countryside and Terra Vista median from Church to Spruce. Ground Cover area: 22,959 square feet Turf area: 6,195 square feet Hardscape area: 11,702 square feet TV -7 The north side of Church from the west side of Deer Creek Channel to Terra Vista. The west side of Terra Vista 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 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 to Spruce. 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 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 05 P312 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: Turf area: Hardscape area: 6,170 square feet 2,091 square feet 1,060 square feet 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 Countryview and from Countryview 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: Turf area: Hardscape area: 5,835 square feet 3,564 square feet 2,340 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 05 P313 TV -18 The south side of Mountain View from approximately 250 feet west of Claridge to Terra Vista. The south side of Terra Vista from Mountain View to East Greenway Corridor. Terra Vista from Mountain View to East Greenway Corridor. Ground Cover area: Turf area: Hardscape area: 18,316 square feet 5,944 square feet 23,800 square feet TV -19 The Terra Vista median from Milliken to Mountain View. The north side of Terra Vista from 68 feet north of Addison to Mountain View. The west side of Mountain View from Grapevine to Terra Vista. Ground Cover area: 20,306 square feet Turf area: 3,886 square feet Hardscape area: 11,478 square feet TV -20 The Church median from Ground Cover area: Hardscape area: TV -21 The Church median from Ground Cover area: Turf area: Hardscape area: Milliken to 675 feet east of Milliken. 2,860 square feet 2,112 square feet Milliken to Spruce. 16,811 square feet 335 square feet 14,880 square feet N-22 The Milliken median from Mountain View to Foothill. Ground Cover area: 16,436 square feet Hardscape area: 16,267 square feet TV -23 The Milliken underpass from West Greenway Park to Milliken Park. Ground Cover area: Turf area: Hardscape area: 19,271 square feet 22,139 square feet 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 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 05 P314 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 to Windsong and from Windsong to Plymouth. Ground Cover area: Turf area: Hardscape area: TV -28 The paseo on the north Ground Cover area: Turf area: Hardscape area: 2,270 square feet 2,731 square feet 3,332 square feet side of 7552 Hardy. 630 square feet 733 square feet 432 square feet TV -29 The East Greenway Corridor from Milliken Park to Terra Vista, including the turf area at the entrance to Tract 16157. Ground Cover area: Turf area: Hardscape area: 17,780 square feet 52,403 square feet 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 Countryview to Countryview. Ground Cover area: Turf area: Hardscape area: 3,434 square feet 1,853 square feet 1,720 square feet TV -34 The south side of Terra Vista from 390 feet west of Belpine to Belpine. Ground Cover area: Turf area: Hardscape area: 1,342 square feet 1,887 square feet 1,612 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 05 P315 TV -35 The Trail Northeast of Ruth Musser School from Terra Vista to Spruce. Ground Cover area: 9,285 square feet Hardscape area: 5,148 square feet TV -36 The east side of Countryview from Corsica to Mountain View. The south side of Mountain View from Countryview to Milliken. The west side of Milliken from Mountain View to the West Greenway Corridor. Ground Cover area: Turf area: Hardscape area: 9,141 square feet 5,895 square feet 6,058 square feet TV -37 The north side of Meyers from Emery to Elm. Ground Cover area: Turf area: Hardscape area: 5,860 square feet 5,300 square feet 1,283 square feet TV -38 The Church median from Rochester to Terra Vista 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. Ground Cover area: 16,751 square feet Hardscape area: 15,716 square feet TV -40 The south side of Terra Vista 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 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 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 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 05 P316 TV -44 The south side of Church from Terra Vista 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 TV -47 The east side of Terra Vista from Church to Brandywine. The paseo from Brandywine to Bunker Hill. 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. Ground Cover area: 5,554 square feet Hardscape area: 9,698 square feet FH -1 FH -2 FH -5 FH -6 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 landscape maintenance district 3B. 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 landscape maintenance district 3B. The Foothill median from 360 feet west of Masi to 516 feet west of Masi. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by landscape maintenance district 3B. 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 landscape maintenance district 3B. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 05 P317 H-5 The Haven median from Foothill to Church. Ground Cover area: 11,502 square feet Converted 10,572 sq ft of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by the District. An equal amount is maintained by landscape maintenance district 3B. H-6 Haven median from Church to Base Line. Ground Cover area: 9,615 square feet Converted 8,708 sq. ft. of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by the District. An equal amount is maintained by the General Fund. H-7 The Haven median from Base Line to Southern Pacific railroad tracks. Ground Cover area: 3,130 square feet Converted 3,992 sq. ft. of tun` to ground cover effective April 1, 2013. Removed 3,692 sq. ft. of ground cover for turn pocket expansion. Area listed is the 50% maintained by the District. An equal amount is maintained by the General Fund. VG -14 The Base Line median from Milliken to Ellena East. The turf and ground cover on the north side of Base Line from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Base Line 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 from Ellena west to Candela. Ground Cover area: 9,169 square feet The improvements for Ground Cover are 80,287, Turf improves are 62,999 square feet, and Hardscape improvements are 44,826; however, due to the location of the improvements, the District maintains only the south side of the Base Line median from Milliken to Ellena East and the rest is maintained by landscape maintenance district 2. VG -15 The turf and ground cover on the west side of Rochester from the Southern Pacific Railroad to Base Line. The turf and ground cover on the north side of Base Line from Rochester to Ellena East. The Base Line Median from Rochester to Ellena East. The turf and ground cover on the east side of Ellena east from Base Line and continuing along that curb line to 275 feet north of Berra Road. The turf and ground cover on both sides of Berra from Ellena East to Comiso. Ground Cover area: 3,960 square feet The improvements for Ground Cover are 58,887, Turf improves are 57,306 square feet, and Hardscape improvements are 36,014; however, due to the location of the improvements, the District maintains only the south side of the Base Line median from Rochester to Ellena East and the rest is maintained by landscape maintenance district 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 12 Fiscal Year 2017/18 Attachment 05 P318 Milliken,Av r- 0 Legend © Irngation Pump • Water Meter Irrigation Lines O O 5 Haven Ay r-ex • N pa eun eseg Tri //: • /\\/ 4 (4‘iL - / a u L-71 • \ct ■ • N :4217r4. ei u • • 4°I/4� 0 a\ N Rochester Av Landscape Maintenance District No. 4-R — City of Rancho Cucamonga Fiscal Year 2017/18 13 Attachment 05 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 District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 676,020 Overtime Salaries 1,050 Part-time Salaries 47,280 Fringe Benefits 325,300 Subtotal - Personnel 1,049,650 Operations and Maintenance: Operations and Maintenance: O & M/General 93,050 Vehicle Operations and Maintenance 6,000 Emergency Equipment and Vehicle Rental 1,700 Emergency Operations & Maintenance 3,750 Subtotal - Operations and Maintenance 104,500 Contract Services: Contract Services/General 445,580 Tree Maintenance 74,970 Subtotal - Contract Services 520,550 Utilities: Telephone Utilities 820 Water Utilities 325,000 Electric Utilities 34,320 Subtotal - Utilities 360,140 Assessment Administration 22,080 Admin./General Overhead 221,990 Subtotal - Operations and Maintenance 1,229,260 Capital Expenditures: Captial Outlay - Equipment Captial Project Subtotal - Capital Expenditures 17,000 440,000 457,000 Total Expenditures Budget $ 2,735,910 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 05 P320 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 2,714,850 Anticipated Prior Year Delinquencies Collection 13,750 Subtotal - Taxes 2,728,600 Other Revenues: Interest Earnings 47,960 Park Maintenance Fees 2,080 Sports Field User Group Rentals 500 Subtotal - Other Revenues: 50,540 Total Revenues Budget $ 2,779,140 Contribution to/(Use of) Fund Balance $ 43,230 Total Gross Estimated Assessments $ 2,742,269.12 Total District EBU Count 6,904.87 Actual Assessment per EBU - Fiscal Year 2017/18 $ 397.15 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 429.39 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the property owners on December 2, 2009, voted in favor of a Prop 218 assessment ballot increase with an allowable annual increase by the lesser of 3.5% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI -U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 15 Fiscal Year 2017/18 Attachment 05 P321 Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 4,525,221 Contribution to Reserve - Fiscal Year 2017/18 43,230 Estimated Reserve Fund Balance, June 30, 2018 $ 4,568,451 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 16 Fiscal Year 2017/18 Attachment 05 P322 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California' Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement." Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable Tots 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 17 Fiscal Year 2017/18 Attachment 05 P323 In addition to the special benefits received by parcels within the District, there are incidental general benefits that are conferred on parcels outside the boundaries of the District which include: • the control of dust and insect infestations, and • the visual enhancement of the area to persons or vehicles that may travel through the District. However it has been determined that these benefits are incidental and do not provide a direct benefit to parcels outside of the District that are not being assessed. Any incidental benefit received by parcels outside of the District is further offset by the incidental benefit received by parcels within the District from the maintenance of landscaping improvements by the other assessment districts within the City. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined. On December 2, 2009, Proposition 218 assessment ballot increase was approved by the property owners in this District. Therefore, all parcels included in the District boundary, are being levied in accordance with Article XIII D and Proposition 218. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 18 Fiscal Year 2017/18 Attachment 05 P324 To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment since there is a total of 2,651 single family parcels within the District which represents 69.1 percent of the total assessable parcels within the District. A method has been developed to convert other land uses to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land - use), and size of the property, as compared to a single family residential parcel. Other residential land uses are assigned Equivalent Dwelling Units (EDU) in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical single family parcel. Based upon the trip generation data from the ITE Trip Generation Report, San Diego Association of Governments' Guide to Vehicular Traffic Generation Rates which have been adopted by San Bernardino County Transpiration Authority (formerly known as San Bernardino Associated Governments) and the most recent census data for the City of Rancho Cucamonga, condominiums are assigned 0.8 EDU's since the number of residents and number of trips generated per dwelling unit are 80 percent of the typical single family residence. Multi -family residential units are assigned 0.70 EDU's per dwelling unit since the number of residents and number of trips generated per multifamily residential unit are 70 percent of the typical single family residential unit. This reduction is further supported by virtue of the fact that both condominium developments and multi -family residential development have a higher level of landscaping that reduce the benefit received by these parcels from District maintained landscaping. EBU's are assigned to Commercial and Industrial parcels based upon the number of trips generated as well. The ITE Trip Generation Report shows that non-residential uses similar to those found in the District generate from 30 to 400 plus trips per day based upon the specific land use. An average trip generation rate of 135 trips per day was used since the non- residential uses within the district are generally those that result in fewer trips per day per acre, when compared to more intense non-residential uses such as community shopping centers which can generate in excess of 500 trips per day. Based upon an average density of approximately 9 single family residential units per acre and a trip generation rate of 10 trips per day for a typical single family residential unit, the trip generation rate for commercial and industrial parcels is approximately 1.5 times that of an acre developed for single family residential use based upon an average of 135 trips per acre for non- residential uses. The trips generated by non-residential uses has been reduced by approximately 40 percent to account for the number of "pass -by" trips which are those trips which stop at non-residential parcels enroute to/from residential parcels. This reduces the trips generated per acre from 135 to 81. Since non-residential parcels do not receive a significant special benefit from the park facilities maintained by the District, the number of trips generated per acre has been further reduced in proportion to the ratio of expenditures for landscape maintenance versus park maintenance within the District, which has been estimated by the City to be 60% parks and 40% landscaping. Therefore, commercial and industrial parcels have been assigned a value of 3.25 EBU's per acre to represent the special benefit received by those parcels relative to the typical single family residential parcel. Vacant parcels are assigned an EBU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 per acre in recognition of the limited benefit they receive from the improvements maintained by the District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 19 Fiscal Year 2017/18 Attachment 05 P325 District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Benefit Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Condominium 0.80 Unit Multi -Family Residential 0.70 Unit Commercial/Industrial 3.25 Acre Vacant (incl. all undevelped property) 0.25 Acre Schools 0.25 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $429.39 $397.15 2,652.00 2,652.00 Condominium 429.39 397.15 1,227.00 981.60 Multi -Family Residential 429.39 397.15 3,809.00 2,666.30 Commercial/Industrial 429.39 397.15 177.60 577.20 Vacant (incl. all undevelped property) 429.39 397.15 75.68 18.92 Schools 429.39 397.15 35.41 8.85 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 20 Fiscal Year 2017/18 Attachment 05 P326 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 2017/18 will decrease from $418.05 to $397.15 per single family residence, a rate decrease of 5.0% as compared to Fiscal Year 2016/17. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 21 Fiscal Year 2017/18 Attachment 05 P327 _...1 Carnelian St Rochester Ay Day Creek B Landscape Maintenance District No. 4-R — City of Rancho Cucamonga Fiscal Year 2017/18 22 Attachment 05 P328 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2 01 7/1 8 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 201 7/1 8 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $397.15 2,652.00 2,652.00 $1,053,241.80 Condominium 397.15 1,227.00 981.60 $389,842.44 Multi -Family Residential 397.15 3,809.00 2,666.30 $1,058,921.05 Commercial/Industrial 397.15 177.60 577.20 $229,234.98 Vacant (incl. all undevelped property) 397.15 75.68 18.92 $7,514.08 Schools 397.15 35.41 8.85 $3,514.78 Totals 7,976.69 6,904.87 $2,742,269.12 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations effective for Fiscal Year 2017/18. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 23 Fiscal Year 201 7/1 8 Attachment 05 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 5 (Andover) P329 Attachment 06 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 5 (ANDOVER) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P330 Attachment 06 P331 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 General Benefit 10 Special Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 06 P332 ENGINEER'S LETTER WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 5 (Andover) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2017/18 Budget Expenditures Personnel Services $ 3,710 Operations and Maintenance 6,260 Total Expenditures Budget 9,970 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 2,470 Other Revenues 440 Total Revenues Budget 2,910 Contribution to/(Use of) Fund Balance $ (7,060) Total District EBU Count 44.00 Actual Assessment per EBU $ 56.65 Maximum Allowable Assement per EBU $ 113.29 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 1 Fiscal Year 2017/18 Attachment 06 P333 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 5 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 06 P334 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 5 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 06 P335 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City bounded by Hermosa on the west, 26th on the south, the parcels north of and along Bedford and the parcels west of and along Andover. 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 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 06 P336 use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Andover Tot Lot. Site # Descriptive Location 1-1-5 The Andover playground on the southwest corner of Andover and Bedford. Ground Cover area: Turf area: Hardscape area: 1,506 square feet 1,070 square feet 640 square feet Andover 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 2017/18 Attachment 06 P337 Landscape Maintenance District No. 5 — City of Rancho Cucamonga Fiscal Year 2017/18 6 Attachment 06 P338 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 1,850 Part-time Salaries 840 Fringe Benefits 1,020 Subtotal - Personnel 3,710 Operations and Maintenance: Operations and Maintenance: 0 & M/General 800 Vehicle Operations and Maintenance 70 Subtotal - Operations and Maintenance 870 Contract Services: Contract Services/General 1,630 Utilities: Water Utilities 710 Electric Utilities 510 Subtotal - Utilities 1,220 Assessment Administration 250 Admin./General Overhead 2,290 Subtotal - Operations and Maintenance 6,260 Total Expenditures Budget $ 9,970 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 06 P339 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 2,470 Other Revenues: Interest Earnings 440 Total Revenues Budget $ 2,910 Contribution to/(Use of) Fund Balance $ (7,060) Total Gross Estimated Assessments $ 2,492.60 Total District EBU Count 44.00 Actual Assessment per EBU - Fiscal Year 2017/18 $ 56.65 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 113.29 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 37,717 Contribution to Reserve - Fiscal Year 2017/18 (7,060) Estimated Reserve Fund Balance, June 30, 2018 $ 30,657 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 06 P340 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Landscape Maintenance District No. 5 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 06 P341 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable Tots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the Andover Tot Lot at Andover and Bedford and include landscaping (includes ground cover only) 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 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 06 P342 and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined. On December 2, 2009 Proposition 218 assessment ballot increase was approved by the property owners in this district. Therefore, all Landscape Maintenance District No. 5 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 06 P343 parcels included in the District boundary, are being levied in accordance with Article XIII D and Proposition 218. A single family home equals one EBU. The following table provides the weighting factors applied to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $113.29 $56.65 44.00 44.00 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. The Fiscal Year 2017/18 actual assessment rate will remain at $56.65 per Single Family Residence. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 06 P344 Grove Av Vineyard Av A ? 7 cn Hellman Av — Archibald Av Hermosa Av Haven Av l Milliken Av Rochester Av Etiwanda Av 0 0 o rn 0 i rr c g co N 0 a: 5 7 73CO a 1••• a 1 Carnelian St IHellman Av Archibald Av Hermosa Av Haven Av A i Rochester Av Day Creek B N East Av Milliken Av a1 z Q.Etiwanda Av _.._.._._..tee ° f oa r- 5 co Cherry Av Landscape Maintenance District No. 5 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 06 P345 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $56.65 44.00 44.00 $2,492.60 Totals 44.00 44.00 $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 for Fiscal Year 2017/18. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 06 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 6-R (Caryn Planned Community) P346 Attachment 07 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 6-R (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P347 Attachment 07 P348 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 8 ESTIMATE OF COSTS 10 District Budget 10 Definitions of Budget Items 12 METHOD OF ASSESSMENT 13 Overview 13 General Benefit 13 Special Benefit 14 Method of Assessment Spread 14 Cost of Living Inflator 16 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL AND ANNEXATIONS 18 Assessment Roll 18 Annexations 18 Attachment 07 ENGINEER'S LETTER P349 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 6-R (Caryn Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable Tots 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. Expenditures Personnel Services Operations and Maintenance Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Transfer In Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 18,620 496,990 515,610 490,090 3,850 493,940 3,410 52,460 549,810 $ 34,200 1,196.98 $ 413.57 $ 413.57 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 07 P350 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 07 P351 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 07 P352 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 210 Freeway, south of Banyan Street, west of Rochester and east of Milliken, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester and Tracts No. 13748, 13857 & 13858 west of Milliken. Zone 1 is the area generally located west of Rochester and east of Milliken. Zone 2 is the area generally located east of Rochester and west of Milliken. 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 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 07 P353 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 from 1290 feet west of Milliken to Milliken. The west side of Milliken median from Banyan to 292 south of Vintage. 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 from Morning to Deer Creek Channel. Ground Cover area: Turf area: Hardscape area: 2,801 square feet 124 square feet 4,609 square feet CC -4 The west side of Morning, from Banyan to Starview. The north side of Starview, from Morning to Star View. 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 from Vintage to Vintage. The Netherlands View paseo from Netherlands View to Mt. Sterling. Ground Cover area: 88,902 square feet CC -7 Turf area: Hardscape area: 676 square feet 23,650 square feet The east and west side of Hillview from Mt. Rainer 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. Ground Cover area: Hardscape area: Hardscape area: 42,107 square feet 22,752 square feet 4,089 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 07 P354 CC -9 The south side of Vintage from 250 feet west of Hillview to Hillview. The west side of Hillview from Vintage to Kettle Peak. The west side of Kettle Peak from Hillview to Donner Pass. The east side of Hillview 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 from Vintage to Butler Peak. The west side of Terrace View from Rainbow Falls to Vintage. Ground Cover area: 24,603 square feet Hardscape area: 10,760 square feet CC -11 The paseo from Caryn School to Banyan. The south side of Banyan from the paseo to Rochester. The east and west side of Mt. Baldy from Banyan to Sierra Crest View. The north side of Sierra Crest View from Hilltop to Woodland. 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 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 from Tioga Peak to Vintage. The south side of Vintage from Hillview to Terrace View. The north side of Vintage from Hillview to Caryn School. The east side of Terrace View from Vintage to Mt San Antonio. 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 from Mt. Waverly to Vintage. The north side of Vintage from Sierra Crest View to Sierra Crest View. The east and west side of Sierra Crest View from Vintage to Mt. Wilson. The south side of Vintage from Netherlands View to 330 feet west of Netherlands View. Ground Cover area: 73,250 square feet Turf area: 16,525 square feet Hardscape area: 9,885 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 07 P355 CC -15 The south side of Sierra Crest View from Mt. Waverly to Mt. Cambridge. The north side of Sierra Crest View from Mt. Cambridge to Woodland. The north side of Sierra Crest View from Hilltop to Caryn School. The Sierra Crest View paseo from Sierra Crest View to Mt. Sherman. 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 from Netherlands View to Rochester. The north side of Vintage from Rochester to Sierra Crest View. The east and west side of Sierra Crest View from Mt. Wilson to Mt. Cambridge. The Netherlands View Paseo from Vintage to Mt. Sterling. 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 from Vintage to Banyan. Ground Cover area: 13,740 square feet Turf area: 9,088 square feet Hardscape area: 6,460 square feet CC -18 The north side of Vintage from Milliken to Hillview. The south side of Vintage from 104 feet west of Hillview to Milliken. Ground Cover area: 32,287 square feet Turf area: 3,889 square feet Hardscape area: 11,188 square feet CC -19 The Terrace View paseo from Vintage to Terrace View. 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 from Mt. San Antonio to El Capitan. The west side of Terrace View from Butler Peak to Mt. San Antonio. 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. Ground Cover area: 31,292 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 07 P356 CC -22 The south side of Vintage from Terrace View to Sierra Crest View. The east and west side of Hillview from Vintage to Mt. Rainer. 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. The west side of Butler Peak from Banyan to Terrace View. The north side of Terrace View from Butler Peak to Rainbow Falls. Ground Cover area: 12,132 square feet Hardscape area: 528 square feet CC -24 The north side of Terrace View from El Capitan to Butler Peak. The east side of Butler Peak from Terrace View to Banyan. The south side of Banyan from Butler Peak to 990 feet east of Butler Peak. 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. The north and south side of Vintage from Rochester to Thunder Mountain. The west side of Rochester from 317 feet south of Vintage to the 210 freeway. Ground Cover area: 35,037 square feet 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: Cobble area: Hardscape area: Map of Improvements 17,724 square feet 2,387 square feet 5,810 square feet 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 8 Fiscal Year 2017/18 Attachment 07 P357 s I • CD ea1— a) a.- m in. m S' c N JeleN Je •• • 0 • - A 7' ms s• ... Milliken Av • 1/ /A n �� w w rn W A . r� • � A Rochester Av Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 07 P358 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 12,760 Fringe Benefits 5,860 Subtotal - Personnel 18,620 Operations and Maintenance: Operations and Maintenance: 0 & 1V/General Emergency Equipment and Vehicle Rental Subtotal - Operations and Maintenance Contract Services: Contract Services/General Tree Maintenance Subtotal - Contract Services Utilities: Water Utilities Electric Utilities Subtotal - Utilities Assessment Administration Admin./General Overhead Subtotal - Operations and Maintenance 10,900 200 11,100 233,220 28,350 261,570 175,970 9,630 185,600 7,030 31,690 496,990 Total Expenditures Budget $ 515,610 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 07 P359 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 490,090 Anticipated Prior Year Delinquencies Collection 3,850 Subtotal - Taxes 493,940 Other Revenues: Interest Earnings 3,410 Transfer In: Transfer In - General Fund 52,460 Total Revenues Budget $ 549,810 Contribution to/(Use of) Fund Balance $ 34,200 Total Gross Estimated Assessments Total District EBU Count Actual Assessment per EBU - Fiscal Year 2017/18 $ 495,035.02 1,196.98 $ 413.57 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the property owners on September 1, 2010, voted in favor of a Proposition 218 assessment ballot increase with an allowable annual increase by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI -U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 07 P360 Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 329,915 Contribution to Reserve - Fiscal Year 2017/18 34,200 Estimated Reserve Fund Balance, June 30, 2018 $ 364,115 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 07 P361 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. 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 13 Fiscal Year 2017/18 Attachment 07 P362 In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 07 P363 To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EBU value of 0.25 EBU's per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 EBU's per acre in recognition of the limited benefit they receive from the improvements which are provided for the use and benefit of the residential units within the District, and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. There are two benefit zones within the District: Zone 1 and Zone 2. Parcels in Zone 2 are assigned 0.75 EBU per dwelling unit due to the reduction in special benefit they receive as a result of their location relative to the majority of the improvements maintained by the District. Zone 2 parcels are on the far east and west side of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements due to their proximity, as parcels within Zone 1 which are assigned 1.00 EBU per dwelling unit and are generally located adjacent to or in close proximity to the improvements. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential - Zone 1 1.00 Parcel Single Family Residential - Zone 2 0.75 Parcel School 0.25 Acre Undeveloped 0.25 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 15 Fiscal Year 2017/18 Attachment 07 P364 The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential - Zone 1 $413.57 $413.57 963.00 963.00 Single Family Residential - Zone 1 413.57 413.57 310.00 232.50 School 413.57 413.57 5.35 1.34 Undeveloped 413.57 413.57 0.54 0.14 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning Fiscal Year 2011/12, the maximum allowable assessment amount may be increased by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI -U), for the 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 2017/18 will increase from $402.65 to $413.57 per single-family residence Zone 1 and from $301.99 to $310.18 per single family residence Zone 2, a CPI increase of 2.71% as compared to Fiscal Year 2016/17. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 16 Fiscal Year 2017/18 Attachment 07 P365 Grove Av g cn Vineyard Av Hellman Avg Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av co o s C ( %.../---41_1.00.J 1 Carnelian St Hellman Av Archibald Av IHermosa Av Haven Av Etiwanda Av O NEEI Rochester Av Day 3 ! East Av! D 0 � m S71 C 0. Cherry Av Milliken Av z Q. Creek 811 ( ) ! a Etiwanda AvJ z. v Landscape Maintenance District No. 6-R — City of Rancho Cucamonga Fiscal Year 2017/18 17 Attachment 07 P366 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential - Zone 1 $413.57 963.00 963.00 $398,267.91 Single Family Residential - Zone 2 413.57 310.00 232.50 96,155.03 School 413.57 5.35 1.34 554.18 Undeveloped 413.57 0.54 0.14 57.90 Totals 1,278.89 1,196.98 $495,035.02. A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations for Fiscal Year 2017/18. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 18 Fiscal Year 2017/18 Attachment 07 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 7 (North Etiwanda) P367 Attachment 08 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P368 Attachment 08 P369 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 10 ESTIMATE OF COSTS 12 District Budget 12 Definitions of Budget Items 14 METHOD OF ASSESSMENT 15 Overview 15 General Benefit 15 Special Benefit 16 Method of Assessment Spread 16 ASSESSMENT DIAGRAM 18 ASSESSMENT ROLL AND ANNEXATIONS 20 Assessment Roll 20 Annexations 20 Attachment 08 ENGINEER'S LETTER P370 WHEREAS, on June 21, 2017 the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Transfer In Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 204,760 932,070 1,136,830 934,130 11,860 945,990 40,920 50,000 1,036,910 $ (99,920) 3,073.00 $ 307.05 $ 307.05 Landscape Maintenance District No. 7 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 08 P371 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 7 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 08 P372 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include, but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 7 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 08 P373 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as North Etiwanda, which is generally bounded by the 210 Freeway on the south, 1-15 Freeway on the west, and City limits on the north and east. Typically, parcels have been annexed to the District as they have been developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and 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 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 08 P374 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 # EN -1 EN -2 EN -3 Descriptive Location The north side of Wilson from Wilson to Arcadia. Ground Cover area: Turf area: Hardscape area: The Metropolitan Water Marino to Ridgeline. Ground Cover area: Turf area: Hardscape area: from San Sevaine to Ridgeline. The east side of Ridgeline 27,325 square feet 19,334 square feet 840 square feet District easement on the south side of Crescenta from San 38,104 square feet 41,250 square feet 9,000 square feet The Wilson median from Wardman Bullock to San Sevaine. 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 from Etiwanda east to the end. Ground Cover area: 63,972 square feet EN -5 The south side of Wilson from 1,115 feet west of San Sevaine to 205 feet east of San Sevaine. The east side of San Sevaine from Wilson to Youngs Canyon. Ground Cover area: 45,584 square feet Turf area: 3,527 square feet EN -6 The north side of Wilson from Wardman Bullock to Ridgeline. The west side of Ridgeline from Wilson to 120 feet north of Arcadia. Ground Cover area: 29,226 square feet Turf area: 15,136 square feet Hardscape area: 1,300 square feet EN -7 The parkway on the eastside of Wardman Bullock from Wilson to 857 feet north of Glendora. The cobblestone between the tract wall and the flood wall will be handled for debris pickup and weed control on an as needed basis. Ground Cover area: 10,268 square feet Hardscape area: 31,549 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 08 P375 EN -8 EN -9 The south side of Crescenta from Ridgeline to Crestline. Ground Cover area: 50,035 square feet Turf area: 35,960 square feet Hardscape area: 10,000 square feet The paseo from Meadow Brook to Rock Creek. 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. The west side of Etiwanda from 175 feet north of North Rim to 171 feet south of Golden Prairie. Ground Cover area: 49,020 square feet Turf area: 4,445 square feet Hardscape area: 13,026 square feet EN -11 The paseo south of Ridge Crest to southern boundary of Tract 14139. This site is temporarily maintained by another contractor and was deleted from the contract as of July 16, 2001; however, this site is still the City's property. Ground Cover area: 3,548 square feet Turf area: 800 square feet Hardscape area: 4,280 square feet EN -12 The cul-de-sac on the north side of Ridgecrest at Etiwanda Creek Channel. Ground Cover area: Turf area: Hardscape area: 1,870 square feet 700 square feet 450 square feet EN -13 The north side of Wilson from 574 feet west of Cherry to the channel east of San Sevaine. The Wilson median from Cherry to San Sevaine. The east side of San Sevaine from Wilson to 136 feet north of Crescenta. Ground Cover area: 46,611 square feet Turf area: 5,037 square feet EN -14 The west side of San Sevaine from 150 feet north of Wilson to 136 feet north of Crescenta. Ground Cover area: 55,166 square feet Turf area: 235 square feet Hardscape area: 6,975 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 08 P376 EN -15 The north side of Youngs Canyon from 500 feet east of Koch to 692 feet west of Koch. The south side of Youngs Canyon from 349 feet east of Koch to 692 feet west of Koch. The east and west side of Koch place from Youngs Canyon to 132 feet north of Youngs Canyon. The west side of Koch from Youngs Canyon to 132 feet south of Youngs Canyon. The east side of Koch from 82 feet south of Youngs Canyon to Youngs Canyon. The trailhead north east of the east end of Youngs Canyon to the south end of San Sevaine Horse Trail. The south end of San Sevaine Horse from the trail head to 254 feet north of trailhead. Ground Cover area: 42,925 square feet Hardscape area: 14,308 square feet EN -16 The east side of Wardman Bullock from 225 feet south of San Segundo to 80 feet north of Dona. 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. The south side of Colonbero from San Sevaine Channel to 400 feet north of Guidera. 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 EN -18 The north side of Aggazzotti from San Antonio to San Sevaine. The west side of San Sevaine from Aggazzotti to 702 feet south of Aggazzotti. The east side of San Sevaine 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. Ground Cover area: 45,727 square feet Hardscape area: 19,229 square feet EN -20 The south side of Wilson form Bluegrass to Estates. 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. 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 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 08 P377 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 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 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 to Wilson. The paseo from Wilson to Tejas. The median on Wilson from Cervantes to Bluegrass. The following temporary landscape: There is one 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 to East. The west side of East from Banyan to 600 feet south of Blue Gum. The east side of East 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 from 257 feet south of Churchill to 418 feet north of Churchill. Ground Cover area: 9,303 square feet Hardscape area: 5,302 square feet EN -31 The south side of Banyan from 375 feet south of Cashew to Rose. The north side of Banyan from 435 feet west of Peak to Wardman Bullock. Ground Cover area: 53,000 square feet Hardscape area: 26,855 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 08 P378 EN -32 The landscaping south of the equestrian trail from 210 feet west of Grovewood to 1,170 feet east of Grovewood. Ground Cover area: 6,900 square feet EN -33 The north side of Youngs Canyon from 600 feet east of Banyan to Banyan. The east side of Wardman Bullock from Banyan to Wilson. The south side of Wilson from Wardman Bullock to 635 feet east of Fields. Ground Cover area: 66,601 square feet Hardscape area: 46,332 square feet EN -34 The west side of Wardman Bullock from Wilson to Banyan. Parkview from Wardman Bullock to Soledad. Ground Cover area: 56,314 square feet Hardscape area: 28,428 square feet EN -35 The north side of Day Creek from Etiwanda to Indian Wells. Ground Cover area: 160,737 square feet Hardscape area: 128,254 square feet EN -36 The south side of Day Creek from 380 feet north of Coyote to Etiwanda. The west side of Etiwanda from Day Creek to 170 feet north of North Rim. The 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 from 235 feet south of Hunt Club to 375 feet north of Hunt Club. Ground Cover area: 5,559 square feet Hardscape area: 5,231 square feet EN -38 The west side of East from 236 feet north of PhiIly to 245 feet south of PhiIly. Ground Cover area: 4,605 square feet Hardscape area: 3,394 square feet EN -39 The south side of Banyan from Golden Lock to Raindrop. Ground Cover area 6,024 square feet Hardscape area: 330 square feet EN -40 The west side of Wardman Bullock from Colonbero to Breeders Cup. The east side of Wardman Bullock from Colonbero to 385 feet south of Colonbero. Ground Cover area: 28,527 square feet Hardscape area: 21,723 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 08 P379 EN -41 The north side of Colonbero from Wardman Bullock to Ambleside. The south side of Colonbero from 150 feet east of Wardman Bullock to Ambleside. The east side of Ambleside from Colonbero to 700 feet north of Colonbero. Ground Cover area: 17,065 square feet Hardscape area: 12,990 square feet EN -42 The west side of Wardman Bullock from 778 feet north of Coral Sky to Wilson. The north side of Wison from Wardman Bullock to 218 feet west of Compass. The east and west sides of Compass. from Wilson to the entrance monuments. Ground Cover area: 31,809 square feet Hardscape area: 34,321 square feet Parks, ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintenance under contract by a private landscape maintenance company. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 7 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 08 P380 Day Creek BI 1•,CD i I CO 1_A.. • aD r n 3 o � a � 97 to 1- gt 5 a) N dwnd uoq 11 rg � m • J r d y rz 0 at C) -�Z Landscape Maintenance District No. 7 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 08 P381 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 128,920 Part-time Salaries 13,160 Fringe Benefits 62,680 Subtotal - Personnel 204,760 Operations and Maintenance: Operations and Maintenance: O & M/General 33,700 O & MlFacilities 1,500 Emergency Equipment and Vehicle Rental 2,200 Subtotal - Operations and Maintenance 37,400 Contract Services: Contract Services/General 395,810 Contract Services/Facilities 2,750 Tree Maintenance 7,450 Subtotal - Contract Services 406,010 Utilities: Telephone Utilities 820 Water Utilities 356,470 Electric Utilities 29,180 Subtotal - Utilities 386,470 Assessment Administration 16,910 Admin./General Overhead 84,600 Other Expenses 680 Subtotal - Operations and Maintenance 932,070 Total Expenditures Budget $ 1,136,830 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 08 P382 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 934,130 Anticipated Prior Year Delinquencies Collection 11,860 Subtotal - Taxes 945,990 Other Revenues: Interest Earnings 9,130 Other Rental/Lease Income 25,660 Park Maintenance Fees 540 Sports Field User Group Rentals 5,590 Subtotal - Other Revenues: 40,920 Transfer In 50,000 Total Revenues Budget $ 1,036,910 Contribution to/(Use of) Fund Balance $ (99,920) Total Gross Estimated Assessments $ 943,564.65 Total District EBU Count 3,073.00 Actual Assessment per EBU - Fiscal Year 2017/18 $ 307.05 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Landscape Maintenance District No. 7 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 08 P383 Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 946,947 Contribution to Reserve - Fiscal Year 2017/18 (99,920) Estimated Reserve Fund Balance, June 30, 2018 $ 847,027 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 7 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 08 P384 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. 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 2017/18 Attachment 08 P385 In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit Landscape Maintenance District No. 7 — City of Rancho Cucamonga 16 Fiscal Year 2017/18 Attachment 08 P386 derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIID and Proposition 218 had not yet been passed. Upon the passage of Article XIID and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since 1996/97 Fiscal Year. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. The following table provides the weighting factors to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $307.05 $307.05 3,073.00 3,073.00 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. 7 — City of Rancho Cucamonga 17 Fiscal Year 2017/18 Attachment 08 P387 ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 7 — City of Rancho Cucamonga 18 Fiscal Year 2017/18 Attachment 08 P388 ata zi ;pi Ile i" iii 0;110111 411! ,iiis 1;1111313111 l'L z13`1}at !1r i 14 !Lill t a_�li Tl z s 4 s �Q�att9�4 a1 U) ZEa- 1 ;�i�i;�;1� Vie Av ..ter._.. INCiti I i¢ii�.ist�6� Vine and Av a i co Hellman Av r= Archibald Av Hermosa Av Haven AvI i Milliken Av Rochester Av 0 UI 0 0 it Etiwanda Av a N East Av tD E e a v � V c. AIN 1 Carnelian St Hellman Av Archibald Av Hermosa Av IHaven Av ._.._.._.� Milliken Av Rochester Av Day C Cherry Av Landscape Maintenance District 7 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 19 Fiscal Year 2017/18 Attachment 08 P389 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $307.05 3,073.00 3,073.00 $943,564.65 Totals 3,073.00 3,073.00 $943,564.65 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations for Fiscal Year 2017/18. Landscape Maintenance District No. 7 — City of Rancho Cucamonga 20 Fiscal Year 2017/18 Attachment 08 Preliminary Annual Engineering Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 8 (South Etiwanda) P390 Attachment 09 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.774.2700 Fax: 909.774.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P391 Attachment 09 P392 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 General Benefit 10 Special Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 09 ENGINEER'S LETTER P393 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable Tots 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. Expenditures Personnel Services Operations and Maintenance Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 5,730 30,830 36,560 33,840 380 34,220 720 34,940 (1,620) 226.22 $ 151.45 $ 151.45 Landscape Maintenance District No. 8 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 09 P394 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 8 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 09 P395 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 8 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 09 P396 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as South Etiwanda, which is south of the 1-210 Freeway along Fisher, east of East, including the south side of Highstone Manor, the south side of Smokestone, 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 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 09 P397 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 from 480 feet south of Catalpa to 182 feet north of Catalpa. The north and south side of Catalpa from East to Brownstone. The west side of Brownstone from Catalpa to 150 feet south of Catalpa. Not including the frontage parkway at 6649 East. Ground Cover area: 10,355 square feet Turf area: 6,258 square feet Hardscape area: 4,050 square feet SE -2 SE -3 The south side of Fisher from 361 feet east of East to 210 feet east of Starstone. Ground Cover area: 9,366 square feet Hardscape area: 4,074 square feet The south side of Fisher from 860 feet west of Mulberry to Mulberry. Ground Cover area: 3,676 square feet Hardscape area: 6,910 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 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 5 Fiscal Year 2017/18 Attachment 09 P398 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 09 P399 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 3,940 Fringe Benefits 1,790 Subtotal - Personnel 5,730 Operations and Maintenance: Operations and Maintenance: 0 & MlGeneral Contract Services: Contract Services/General Tree Maintenance Subtotal - Contract Services Utilities: Water Utilities Electric Utilities Subtotal - Utilities Assessment Administration Admin./General Overhead Subtotal - Operations and Maintenance Total Expenditures Budget 1,000 9,780 3,720 13,500 6,050 1,520 7,570 1,110 7,650 30,830 36,560 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 09 P400 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 33,840 Anticipated Prior Year Delinquencies Collection 380 Subtotal - Taxes 34,220 Other Revenues: Interest Earnings 720 Total Revenues Budget $ 34,940 Contribution to/(Use of) Fund Balance $ (1,620) Total Gross Estimated Assessments $ 34,261.02 Total District EBU Count 226.22 Actual Assessment per EBU - Fiscal Year 2017/18 $ 151.45 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 151.45 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the District was formed, and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 61,888 Contribution to Reserve - Fiscal Year 2017/18 (1,6201_ Estimated Reserve Fund Balance, June 30, 2018 $ 60,268 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 09 P401 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be Landscape Maintenance District No. 8 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 09 P402 determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to Landscape Maintenance District No. 8 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 09 P4O3 access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of Landscape Maintenance District No. 8 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 09 P4O4 development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $151.45 $151.45 199.00 199.00 Non -Residential 151.45 151.45 13.61 27.22 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 8 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 09 P405 Grove Av Vineyarnrd Av A S S cn Hellman Av U' Archibald Av Hermosa Av Haven Av I Milliken Av Rochester Av Etiwanda Av 0 Q 8 = = I-- 59. East Av at) E Q. 0 8 N w = r r S 0 a Cherry Av L1 Carnelian St Hellman Av 1 Archibald Av I 1 Hermosa Av Haven Av i ._......._.1 Milliken Av Rochester Av Day Creek 131 i I 1 Etiwanda Av 1 I i 0 i= Landscape Maintenance District 8 Landscape Maintenance District No. 8 — City of Rancho Cucamonga Fiscal Year 2017/18 13 Attachment 09 P406 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $151.45 199.00 199.00 $30,138.55 Non -Residential 151.45 13.61 27.22 4,122.47 Totals 212.61 226.22 $34,261.02 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2017/18: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0227-071-17 09/07/2016 TR19968 11.00 11.00 Single Family Residential Landscape Maintenance District No. 8 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 09 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 9 (Lower Etiwanda) P407 Attachment 10 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P408 Attachment 10 P409 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 7 ESTIMATE OF COSTS 9 District Budget 9 Definitions of Budget Items 11 METHOD OF ASSESSMENT 12 Overview 12 General Benefit 12 Special Benefit 13 Method of Assessment Spread 13 Cost of Living Inflator 14 ASSESSMENT DIAGRAM 15 ASSESSMENT ROLL AND ANNEXATIONS 17 Assessment Roll 17 Annexations 17 Attachment 10 ENGINEER'S LETTER P41O WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 324,710 311,140 24,400 660,250 300,150 1,380 301,530 20,320 321,850 (338,400) 2,165.56 $ 140.00 $ 556.23 Landscape Maintenance District No. 9 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 10 P411 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 9 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 10 P412 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 9 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 10 P413 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Lower Etiwanda, which is south of Victoria, north of Foothill, generally east of Etiwanda and the 1-15 Freeway and west of East. 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 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 10 P414 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 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 from 339 feet north of Brookfield to 157 north of Brookfield. Brookfield from East to Oak Crest. The east side of Oak Crest to 137 feet north of Brookfield. Ground Cover area: 2,390 square feet Hardscape area: 6,874 square feet 9-3 The west side of East 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 From 295 feet north of Via Veneto To Via Veneto. The north side of Via Veneto From East to Dolcetto. The east side of Dolcetto from Via Veneto to Miller. The south side of Miller 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. 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 Base Line from Etiwanda Ave. to Shelby. The Base Line 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 from Exbury to Etiwanda. Ground Cover area: 3,362 square feet Hardscape area: 786 square feet Landscape Maintenance District No. 9 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 10 P415 9-10 The north side of Base Line form 522 feet east of Forester to 180 feet west of Forester. The Base Line 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 from 40 feet past the east end of Mueller to 20 feet east of Dicarlo. Ground Cover area: 9,420 square feet Hardscape area: 742 square feet 9-12 The north and south sides of Highland from 217 feet west of Norcia to 210 feet east of Dicarlo. Ground Cover area: 12,471 square feet Hardscape area: 14,445 square feet 9-13 The south side of Carnesi from Etiwanda to 395 feet east of Murietta. Ground Cover area: 8,919 square feet Hardscape area: 6,203 square feet 9-14 The west side of East from 665 feet north of Miller to Miller. The north side of Miller from East to 667 feet west of East. Ground Cover area: 9,150 square feet Hardscape area: 16,226 square feet 9-15 The north side of Base Line from Shelby to 343 feet east of Shelby. Ground Cover area: 3,480 square feet Hardscape area: 4,638 square feet 9-16 The east side of Dolcetto from Garcia to Via Veneto. The south side of Via Veneto from Dolcetto to East. The west side of East from Via Veneto to 276 feet south of Via Veneto. Ground Cover area: 16,310 square feet Hardscape area: 13,411 square feet 9-17 The east side of Etiwanda from 145 feet south of Miller to Miller. The south side of Miller from Etiwanda to Three Vines. Ground Cover area: 7,535 square feet Hardscape area: 6,130 square feet FH -17 The Foothill median from Etiwanda to Cornwell. Ground Cover area: 8,275 square feet Landscape Maintenance District No. 9 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 10 P416 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 2017/18 Attachment 10 P417 c N Rochester Av Day Creek B1 ny aul one -n V • ul Wed e!JoPU Etiwanda Av 0 4 F il N East Av r 0 ce 0 5 co • • CD tiZI CD 181011 dwnd Landscape Maintenance District No. 9 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 10 P418 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 204,090 Part-time Salaries 21,200 Fringe Benefits 99,420 Subtotal - Personnel 324,710 Operations and Maintenance: Operations and Maintenance: 0 & M/General 29,860 Cellular Technology 1,370 Emergency Equipment and Vehicle Rental 1,200 Subtotal - Operations and Maintenance 32,430 Contract Services: Contract Services/General 123,030 Tree Maintenance 32,630 Subtotal - Contract Services 155,660 Utilities: Water Utilities 51,140 Electric Utilities 10,120 Subtotal - Utilities 61,260 Assessment Administration 8,010 Admin./General Overhead 53,780 Subtotal - Operations and Maintenance 311,140 Capital Expenditures: Captial Outlay - Equipment Captial Outlay - Improvements Other Than Building Subtotal - Capital Expenditures 9,400 15,000 24,400 Total Expenditures Budget $ 660,250 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 10 P419 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues: Interest Earnings Park Maintenance Fees Sports Field User Group Rentals Subtotal - Other Revenues: Total Revenues Budget Contribution to/(Use of) Fund Balance Total Gross Estimated Assessments Total District EBU Count Actual Assessment per EBU - Fiscal Year 2017/18 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 Fiscal Year 2017/18 Budget $ 300,150 1,380 301,530 17,820 2,000 500 20,320 $ 321,850 $ (338,400) $ 303,178.40 2,165.56 $ 140.00 $ 556.23 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per Equivalent Benefit Unit (EBU) will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 1,469,816 Contribution to Reserve - Fiscal Year 2017/18 (338,400) Estimated Reserve Fund Balance, June 30, 2018 $ 1,131,416 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 10 P420 The City has reserve funds that are more than sufficient to cover an estimated six months' worth of maintenance and servicing costs for the District. When there are excess funds in the District's reserve account, the excess can be used to lower the annual levy to property owners within the District. The City will continue to annually review the estimated costs and expenses for the District as well as reserve fund levels, in order to determine if future levies can be reduced as well. Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 9 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 10 P421 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D. all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. 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 2017/18 Attachment 10 P422 In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 10 P423 To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 1.00 Unit Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $566.23 $140.00 1,072.00 1,072.00 Multi -Family Residential 566.23 140.00 1,057.00 1,057.00 Non -Residential 566.23 140.00 18.28 36.56 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning with Fiscal Year 2001/02, the maximum allowable assessment may be 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 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 10 P424 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 2017/18 actual assessment rate has been increased due to the district's shrinking fund balance. The goal of the City is to ensure that the district has a reserve fund balance equal to one year's district expenditures. 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. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 15 Fiscal Year 2017/18 Attachment 10 P425 4 ? i co N m Grove Av: r. 0. Vineyard Av s N Hellman Av �= Archibald MI Hermosa Av 1 Haven Av I Milliken Av Rochester Av Etiwanda Av East Av > 8 a co 0 0 0 C)cn S E W 2, /...... Camelian St Hellman Av Archibald Av Hermosa Av iHaven Av i i ! _„_..—J Milliken Av 3..J IRochester Av Day Creek B I Etiwanda Av 1 I r 110li Cherry Av 0. a Landscape Maintenance District 9 Landscape Maintenance District No. 9 — City of Rancho Cucamonga Fiscal Year 2017/18 16 Attachment 10 P426 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $140.00 1,072.00 1,072.00 $150,080.00 Multi -Family Residential 140.00 1,057.00 1,057.00 147,980.00 Non -Residential 140.00 18.28 36.56 $5,118.40 Totals 7.00 2,147.28 2,165.56 $303,178.40 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2017/18: Landscape Maintenance District No. 9 — City of Rancho Cucamonga 17 Fiscal Year 2017/18 Attachment 10 Annexation Total Units/ Apn Date Project Name Acres Total EBUs Property Type 0227-061-03 & 82 08/03/2016 TR18936 16.00 16.00 Single Family Residential 1100-011-02 09/07/2016 TR18966 7.00 7.00 Single Family Residential Landscape Maintenance District No. 9 — City of Rancho Cucamonga 17 Fiscal Year 2017/18 Attachment 10 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Landscape Maintenance District No. 10 (Rancho Etiwanda) P427 Attachment 11 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 10 (RANCHO ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P428 Attachment 11 P429 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 7 ESTIMATE OF COSTS 9 District Budget 9 Definitions of Budget Items 11 METHOD OF ASSESSMENT 12 Overview 12 General Benefit 12 Special Benefit 13 Method of Assessment Spread 13 Cost of Living Inflator 14 ASSESSMENT DIAGRAM 15 ASSESSMENT ROLL and ANNEXATIONS 17 Assessment Roll 17 Annexations 17 Attachment 11 ENGINEER'S LETTER P430 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-045, 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 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay the estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 272,100 338,280 3,600 613,980 549,620 6,750 556,370 36,110 592,480 $ (21,500) 786.00 $ 711.71 $ 871.33 Landscape Maintenance District No. 10 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 11 P431 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Landscape Maintenance District No. 10 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 11 P432 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public Landscape Maintenance District No. 10 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 11 P433 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Rancho Etiwanda, which lies north of the 210 Freeway, east of Day Creek Channel, and west of Hanley. 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 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 11 P434 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. The south side of Wilson from Day Creek to Bluegrass. The Wilson median from Day Creek to Bluegrass. Ground Cover area: 47,275 square feet Hardscape area: 6,444 square feet 10-3 The west side of Day Creek from Wilson to 144 feet south of Clydesdale. The Day Creek median from Wilson to Banyan. Ground Cover area: 32,619 square feet Hardscape area: 10,983 square feet 10-4 The east side of Day Creek from 648 feet south of Keenland to Wilson. Ground Cover area: 15,952 square feet Hardscape area: 4,365 square feet 10-5 The west side of Bluegrass from Wilson to 705 feet south of Challendon. Ground Cover area: 26,882 square feet Hardscape area: 12,220 square feet 10-6 The south side of Banyan from Rochester to Day Creek. The north side of Banyan from 427 feet west of Rocking Horse to Rocking Horse. The west side of Day Creek from Banyan to Vintage. The 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 to Bluegrass. Ground Cover area: 22,164 square feet Hardscape area: 11,724 square feet Landscape Maintenance District No. 10 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 11 P435 10-8 The landscape against the south side facing wall north of the 210 freeway from the top of the slope on the east side of Day Creek to 300 feet eastward. The Day Creek median from the 210 freeway to Vintage. The east side of Day Creek from Caltrans ROW to Vintage. The south side of Vintage from Day Creek to 180 feet east of Taylor Canyon. Ground Cover area: 16,841 square feet Hardscape area: 7,025 square feet 10-9 The north side of Coyote from Brookstone 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 10-10 The north side of Wilson from 395 feet east of Day Creek to Day Creek. The east side of Day Creek from Wilson to Blackstone. The south side of Blackstone from Day Creek to Stoneview. The north side of Blackstone from Day Creek to 165 feet west of Stoneview. Ground Cover area: 26,304 square feet Hardscape area: 19,117 square feet 10-11 The west side of Day Creek from 340 feet north of Banyan to Banyan. The north side of Banyan from Day Creek to Rocking Horse. Ground Cover area: 20,378 square feet Hardscape area: 11,212 square feet 10-12 The paseo on the east side of Stoneview across from Duncaster. Ground Cover area: 3,326 square feet Hardscape area: 2,374 square feet 10-13 The west side of Day Creek from 340 feet south of Vintage to 915 feet south of Vintage. Ground Cover area: 27,416 square feet Hardscape area: 16,167 square feet 10-14 The south side of Vintage from Saddle Tree to Day Creek. The west side of Day Creek from Vintage to 325 feet south of Vintage. Ground Cover area: 7,777 square feet Hardscape area: 8,101 square feet *This sites irrigation pump and valves are powered from site 10-13 Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City's Park Maintenance Crews. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 11 P436 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 2017/18 Attachment 11 P437 til m•m•mslim 1 I am 1t',' Rochester Av _ •0 �� �]ay Crwwlt�I • I Ie el 11 9 r s O C r co r • • CD CD Q J8101AI JOIBM dwnd uoge6w1 1 Etiwanda Av r ....� 3r—I Landscape Maintenance District No. 10 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 11 P438 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 159,600 Overtime Salaries 1,050 Part-time Salaries 31,110 Fringe Benefits 80,340 Subtotal - Personnel 272,100 Operations and Maintenance: Operations and Maintenance: O & M/General 18,750 O & M/Facilities 1,500 Emergency Equipment and Vehicle Rental 1,900 Equipment Operations and Maintenance 500 Subtotal - Operations and Maintenance 22,650 Contract Services: Contract Services/General 111,540 Contract Services/Facilities 3,950 Tree Maintenance 10,500 Subtotal - Contract Services 125,990 Utilities: Water Utilities 95,470 Electric Utilities 21,200 Subtotal - Utilities 116,670 Assessment Administration 4,330 Admin./General Overhead 67,990 Other Expenses 650 Subtotal - Operations and Maintenance 338,280 Capital Expenditures: Captial Outlay - Equipment 3,600 Total Expenditures Budget $ 613,980 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 11 P439 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues: Interest Earnings Other Rental/Lease Income Park Maintenance Fees Sports Field User Group Rentals Sports Lighting Fees Other Revenue Subtotal - Other Revenues: Fiscal Year 2017/18 Budget $ 549,620 6,750 556,370 11,340 7,500 4,740 2,000 7,030 3,500 36,110 Total Revenues Budget $ 592,480 Contribution to/(Use of) Fund Balance $ (21,500) Total Gross Estimated Assessments Total District EBU Count Actual Assessment per EBU - Fiscal Year 2017/18 $ 559,404.06 786.00 $ 711.71 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per Equivalent Benefit Unit (EBU) will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Estimated Reserve Fund Balance, June 30, 2017 Contribution to Reserve - Fiscal Year 2017/18 Estimated Reserve Fund Balance, June 30, 2018 Operating Reserve $ 1,078,724 (21,500) $ 1,057,224 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 11 P440 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 10 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 11 P441 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D. all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. 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 2017/18 Attachment 11 P442 In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. 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 Targe do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 11 P443 To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. The following table provides the weighting factors applied to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $871.33 $711.71 786.00 786.00 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning with Fiscal Year 2002/03, the maximum allowable assessment may increase each year, based upon the Consumer Price Index ("CPI"), All Urban Consumers, for the Los Angeles -Anaheim -San Bernardino Area, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. 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 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 11 P444 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 2017/18 will remain at $711.71 per single-family residence. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 15 Fiscal Year 2017/18 Attachment 11 P445 II ITII:ni a 1111114 !si Ws iihiaa il# co:I00 i��,getlf o taltr t; °i (n Zl W 3333 g o) �tiniagai != Grove Av,_.._..---•—•16.}—,j xi afi la��°�g�3 '� a :1 112 ii 1 li§ ' i Vineyard Av i ....41;.......:0,0") Hellman Av (= Archibald Av r Hermosa Av I E Haven Av I i Milliken Av I Rochester Av 2 8 criN 0 0 J = Carnelian Si Hellman Av I IArchibald Av Hermosa Av I Haven Av _._.._......_.._ J Milliken Av Rochester Av I Etiwanda Av L_�__ - i 2 East Av (_,_ m�Y -118 Cherry Av CD a eek B� Etiwanda Av i Landscape Maintenance District 10 Landscape Maintenance District No. 10 — City of Rancho Cucamonga Fiscal Year 2017/18 16 Attachment 11 P446 ASSESSMENT ROLL and ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 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 2017/18 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $711.71 786.00 786.00 $559,404.06 Totals 786.00 786.00 $559,404.06 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations for Fiscal Year 2017/18. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 17 Fiscal Year 2017/18 Attachment 11 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 1 (Arterials) P447 Attachment 12 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (ARTERIALS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P448 Attachment 12 P449 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 4 ESTIMATE OF COSTS 6 District Budget 6 Definitions of Budget Items 8 METHOD OF ASSESSMENT 8 Overview 8 Special Benefit 9 General Benefit 10 Method of Assessment Spread 10 ASSESSMENT ROLL AND ANNEXATIONS 13 Assessment Roll 13 Annexations 13 Attachment 12 ENGINEER'S LETTER P450 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Lighting Maintenance District No. 1 (Arterial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 20,740 796,700 4,255,000 213,820 5,286,260 805,570 6,750 812,320 3,380 4,216,730 5,032,430 $ (253,830) 45,790.72 $ 17.77 $ 17.77 Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 12 P451 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 12 P452 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 12 P453 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City of Rancho Cucamonga. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Map of Improvements The following page shows the map of street Tight and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 12 P454 Hallman Av Archibald Av Hermosa Av Haven Av MUik•n Av lRiawAv Etiwanda Av Grove Av . — Vinyard Av i••• 00...11 • • • • . . Callahan St Hallman -Ara (1) Archibald Av r- ra11rr11 Harmosa Av fA, Ct git CD Milken Av 041. ▪ s r- ell Haven Av k SI East Av . 0 0 s146I1100JS 3OS EaiAv Cherry Av Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 12 P455 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Personnel Services: Regular Salaries $ 14,110 Fringe Benefits 6,630 Subtotal - Personnel 20,740 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 0 & M/General 7,990 Cellular Technology 1,000 Equipment Operations and Maintenance 500 Subtotal - Operations and Maintenance 9,720 Utilities: Telephone Utilities 1,500 Electric Utilities 574,120 Subtotal - Utilities 575,620 Assessment Administration 160,890 Admin./General Overhead 50,470 Subtotal - Operations and Maintenance 796,700 Capital Expenditures: Captial Project 4,255,000 Debt Service: Interest Expense 34,870 Principal Repayments 178,950 Subtotal - Debt Service 213,820 Total Expenditures Budget $ 5,286,260 f Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 12 P456 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 805,570 Anticipated Prior Year Delinquencies Collection 6,750 Subtotal - Taxes 812,320 Other Revenues: Interest Earnings 2,380 Developer Energizing Fee 1,000 Subtotal - Other Revenues: 3,380 Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance 4,216,730 5,032,430 (253,830) Total Gross Estimated Assessments $ 813,701.16 Total District EBU Count 45,790.72 Actual Assessment per EBU - Fiscal Year 2017/18 $ 17.77 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 17.77 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 280,734 Contribution to Reserve - Fiscal Year 2017/18 (253,830) Estimated Reserve Fund Balance, June 30, 2018 $ 26,904 Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 12 P457 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other Targe improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 12 P458 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 12 P459 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EBU assignment. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 12 P460 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $17.77 $17.77 27,853.00 27,853.00 Multi -Family Residential 17.77 17.77 11,559.00 11,559.00 Non -Residential 17.77 17.77 3,147.27 6,294.54 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the 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 11 Fiscal Year 2017/18 Attachment 12 P461 Grove Av Vineyard Av Hellman Av y N Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av 8 8° s E 03 Q r iCO 77 CO 3 a =° = Rochester Av N East Av co 0 r v a co CO m r m Cherry Av Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Street Light Maintenance District 1 Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 12 P462 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarize the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $17.77 27,856.00 27,856.00 $495,001.12 Multi -Family Residential 17.77 11,559.00 11,559.00 205,403.43 Non -Residential 17.77 3,187.86 6,375.72 113,296.61 Totals 2.40 42,602.86 45,790.72 $813,701.16 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexations are effective for Fiscal Year 2017/18: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 1089-011-04 03/16/2016 TR18508 31.00 31.00 Single Family Residential 0229-341-03 07/06/2016 DRC2015-00650 2.16 2.16 Non -Residential 0229-341-15 07/20/2016 DRC2015-00402 2.40 2.40 Non -Residential 0208-353-14 07/20/2016 PM19666 2.22 2.22 Non -Residential 1061-611-15 08/03/2016 DRC2010-00893 1.00 1.00 Single Family Residential 0227-061-03 & 82 08/03/2016 TR18936 16.00 16.00 Single Family Residential 0227-071-17 09/07/2016 TR19968 11.00 11.00 Single Family Residential 1100-011-02 09/07/2016 TR18966 7.00 7.00 Single Family Residential 0201-055-52 10/03/2016 PM19619 4.07 4.07 Non -Residential 1061-691-04 10/19/2016 TR18961 7.00 7.00 Single Family Residential 0209-111-20 10/19/2016 DRC2014-00388 1.00 1.00 Single Family Residential 0209-123-05 11/02/2016 DRC2013-00896 1.00 1.00 Single Family Residential 0202-161-10, 11 & 20 12/07/2016 DRC2008-00909 0.67 0.67 Non -Residential Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 12 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 2 (Local Streets) P463 Attachment 13 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P464 Attachment 13 P465 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 4 ESTIMATE OF COSTS 6 District Budget 6 Definitions of Budget Items 8 METHOD OF ASSESSMENT 8 Overview 8 Special Benefit 9 General Benefit 10 Method of Assessment Spread 10 ASSESSMENT DIAGRAM 11 ASSESSMENT ROLL AND ANNEXATIONS 13 Assessment Roll 13 Annexations 13 Attachment 13 ENGINEER'S LETTER P466 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 2 (Local Streets) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Advances from Capital Reserve Fund Transfers In Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 543,050 4,632,010 228,330 5,403,390 368,300 4,030 372,330 1,000 4,586,160 350,170 5,309,660 (93,730) 9,307.32 $ 39.97 $ 39.97 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 13 P467 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirely of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 13 P468 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 13 P469 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City west of Haven. 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. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. 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 4 Fiscal Year 2017/18 Attachment 13 P470 0 Hallman Av Archibald AN lemmas Av Haven Av tllilkan Av tbch•ater Av aiii nda Air Grove Av le 51 Vineyard Av _ • .""!fr I. •p tS E_ Archbald Av (b •••••••••0 _Dr% `t ` • H nno•aAv .3• t Carn•Ilan S! Hellman Ave Haven Av w.► A► Seinen Av r"' (5) .................... 0 1. M Day Cn•k & Z1, N EaAA.' _ •_ 1 1� 1 1 • (13 ..••, T N Ezst Av cherry Av —41 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 13 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 District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Operations and Maintenance: Contract Services: Contract Services/General $ 670 Utilities: Electric Utilities 498,950 Assessment Administration 40,030 Admin./General Overhead 3,400 Subtotal - Operations and Maintenance 543,050 Capital Expenditures: Captial Project 4,632,010 Debt Service: Interest Expense Principal Repayments Subtotal - Debt Service 37,240 191,090 228,330 Total Expenditures Budget $ 5,403,390 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 13 P472 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 368,300 Anticipated Prior Year Delinquencies Collection 4,030 Subtotal - Taxes 372,330 Other Revenues: Developer Energizing Fee Advances from Capital Reserve Fund Transfer In: Transfer In - General Fund 1,000 4,586,160 350,170 Total Revenues Budget $ 5,309,660 Contribution to/(Use of) Fund Balance $ (93,730) Total Gross Estimated Assessments $ 372,013.58 Total District EBU Count 9,307.32 Actual Assessment per EBU - Fiscal Year 2017/18 $ 39.97 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 39.97 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City of Rancho Cucamonga to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 246,913 Contribution to Reserve - Fiscal Year 2017/18 (93,730) Estimated Reserve Fund Balance, June 30, 2018 $ 153,183 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 13 P473 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 13 P474 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 13 P475 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the District that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 13 P476 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $39.97 $39.97 7,248.00 7,248.00 Multi -Family Residential 39.97 39.97 1,989.00 1,989.00 Non -Residential 39.97 39.97 35.16 70.32 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 13 P477 Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Vineyard Av rn s Day Creek 8 g (. Etiwanda Av !' Zo East Av Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Cherry Av Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2017/18 12 Attachment 13 P478 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Actual Allowable Assessment Single Family Residential $39.97 7,248.00 7,248.00 $289,702.56 Multi -Family Residential 39.97 1,989.00 1,989.00 79,500.33 Non -Residential 39.97 35.16 70.32 2,810.69 Total 1.00 9,272.16 9,307.32 372,013.58 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following Annexations are effective for Fiscal Year 2017/18: Apn Annexation Date Project Name Total Units/Acres Total EBUs Property Type 1061-611-15 08/03/2016 DRC2014-00893 1.00 1.00 Single Family Residential 1061-691-04 10/19/2016 TR18961 7.00 7.00 Single Family Residential 0209-111-20 10/19/2016 DRC2014-00388 1.00 1.00 Single Family Residential 0209-123-05 11/02/2016 DRC2013-00896 1.00 1.00 Single Family Residential Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 13 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 3 (Victoria Planned Community) P479 Attachment 14 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P480 Attachment 14 P481 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 Special Benefit 10 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 14 ENGINEER'S LETTER P482 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 3 (Victoria Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 27,800 238,720 1,782,670 87,880 2,137,070 351,930 3,860 355,790 13,590 1,765,020 2,134,400 (2,670) 7,539.42 $ 47.15 $ 47.15 Land Scape Maintenance District No. 3 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 14 P483 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 2 Fiscal Year 2016/17 Attachment 14 P484 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the fumishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 3 Fiscal Year 2016/17 Attachment 14 P485 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 210 Freeway, west of Etiwanda, southwest of the 1-15 Freeway and east of Haven, also known as the Victoria Neighborhood Planned Community, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 4 Fiscal Year 2016/17 Attachment 14 P486 Map of Improvements The following page shows the map of street Tight and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 5 Fiscal Year 2016/17 Attachment 14 P487 ml S co Haven Av Milliken Av Rochester Av IPS aun asag %t•••• t•�..,,,,•left" I . • ; •.• .••••••• I :«':.t S t i . 1 ••.. • .-.-. ••S.1• • • :-$444 •.• •"•• • '. '• • • .1...;%.:.:.. :. • to 'may i'•'t' ! !1i �i ••: ji J,•P•r'i 21: • : / ; 44..' ••;.j . . :.A••• • Tit• • s•s t . •...• ••t 1•A. ••j,:•.. • • '.4'. •�•M•M emote.•_ ••••••• .� L' •• • / qs��• =•Sl ' , fi••i .•• . ., .074 r• •' jw • 'S•• •. 1 •CD n V 3 .2 O d v u! slybiueeAS 2 Etiwanda Av Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga Fiscal Year 2016/17 6 Attachment 14 P488 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 18,910 Fringe Benefits 8,890 Subtotal - Personnel 27,800 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 0 & M/General 9,940 Subtotal - Operations and Maintenance 10,170 Utilities: Electric Utilities 184,200 Assessment Administration 36,000 Admin./General Overhead 8,350 Subtotal - Operations and Maintenance 238,720 Capital Expenditures: Captial Project 1,782,670 Debt Service: Interest Expense Principal Repayments Subtotal - Debt Service 14,330 73,550 87,880 Total Expenditures Budget $ 2,137,070 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 7 Fiscal Year 2016/17 Attachment 14 P489 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 351,930 Anticipated Prior Year Delinquencies Collection 3,860 Subtotal - Taxes 355,790 Other Revenues: Interest Earnings 13,590 Advances from Capital Reserve Fund 1,765,020 Total Revenues Budget $ 2,134,400 Contribution to/(Use of) Fund Balance $ (2,670) Total Gross Estimated Assessments Total District EBU Count Actual Assessment per EBU - Fiscal Year 2017/18 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 355,483.65 7,539.42 $ 47.15 $ 47.15 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 1,233,502 Contribution to Reserve - Fiscal Year 2017/18 (2,670) Estimated Reserve Fund Balance, June 30, 2018 $ 1,230,832 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 8 Fiscal Year 2016/17 Attachment 14 P490 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City General Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 9 Fiscal Year 2016/17 Attachment 14 P491 of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) (of the Streets and Highways Code, State of California' Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 10 Fiscal Year 2016/17 Attachment 14 P492 share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EBU). Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EBU assignment. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 11 Fiscal Year 2016/17 Attachment 14 P493 Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Mufti -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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $47.15 $47.15 6,463.00 6,463.00 Multi -Family Residential 47.15 47.15 589.00 589.00 Non -Residential 47.15 47.15 238.38 487.42 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 12 Fiscal Year 2016/17 Attachment 14 P494 Hellman Av co Q xi 03 Grove Av N� 1 Vineysvd Av I A S Archibald Av Hermosa Av Haven Av i Milliken Av Rochester Av Etiwanda Av f East Av _. <D xi w a 1 Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av ..�..�..�. Milliken Av �-J r Rochester Av Day Creek B1 Etiwanda Av s 0 i S y W W a■ �a\\ .�..�..�..�i Cherry Av Street Light Maintenance District 3 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga Fiscal Year 2016/17 13 Attachment 14 P495 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $47.15 6,463.00 6,463.00 $304,730.45 Multi -Family Residential 47.15 589.00 589.00 $27,771.35 Non -Residential 47.15 243.71 487.42 $22,981.85 Totals 7,295.71 7,539.42 $355,483.65 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexation is effective for Fiscal Year 2017/18: Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 14 Fiscal Year 2016/17 Attachment 14 Annexation Total Units/ Apn Date Project Name Acres Total EBUs Property Type 1089-011-04 03/16/2016 TR18508 31.00 31.00 Single Family Residential Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 14 Fiscal Year 2016/17 Attachment 14 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) P496 Attachment 15 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P497 Attachment 15 P498 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 Special Benefit 10 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 15 ENGINEER'S LETTER P499 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 4 (Terra Vista Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 27,800 130,380 1,037,860 45,740 1,241,780 162,370 1,760 164,130 5,100 918,680 1,087,910 $ (153,870) 5,663.04 $ 28.96 $ 28.96 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 15 P500 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 15 P501 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 15 P502 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as the Terra Vista Planned Community, which is located north of Foothill, west of Rochester, east of Haven, south of Base Line and includes the northeast corner of Base Line and Haven. 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. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 15 P503 Map of Improvements The following page shows the map of street Tight and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 15 P504 2 I,,�t• Uu4 11;1,4444 evigolo! 414Mq Ctrs144 ! I ,0111 ' 1 odil Haven Av » • • •• . ••• • •••• • •• •• • • : •• • • • • • • • • •,= • i i ff• , • • ••• •• • • • • • e • •, ,' • • •• • •• • • ••• • • i : • •• • •• •• . 6:1P.• • .• •• • • •. %i. ; •• • • *iv .• ••• •• •••• • • •• •• _•• •• • : • szs:' s::tisk.•••••••: :• • • .•• • •• . • • ▪ • 'a. •,• •. • • • • •• •• •• •:.:•; :• '..•••• S.. •, • • • • • •. »,•• •, • .. • , • • ..• •••• • • • . •• • •• • • •••••••••••• . •• •••.• • • • • • •fit •••• •.••• ,•,••▪ • s:•s•••• •• • •• .. • • • • : • � • • • • N • • • • • •• • ▪ • , 0 •• •' • • • • ••• •• • • 1'' • ? • . f •• • •• • • •▪ . • • •• • • • • • • • • • •. .1._• •. ••, • • • •..., iit's •• • • •••• •• % •.• • • •..S ♦ •• , • • • • •••, •••• • %• % .•• •:• •• ••• 4/S•• •, :• ••�.•: %•••• •, •• • •••••••, •• •S • ••,• ••• • • •••• • • • .•• �,•, •• • ••...• ••• •.• .•••• ,'�• S • •L• • .• .,••• ,•.. • • • • . . . • • . • . • •• .. • •••• ••.• • • .. - • _ — 1 1 i i • :ma (7 1- CCA v Fri i A. 0 cr 0) 0) Q la 7' g 1 tQ • Rochester Av • ti • • .• ••. •1••• • •• • •• • •• • •. • •• •• • •• f w a Milliken Av Street Light Maintenance District 4 (SLD 4) Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 15 P505 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 18,910 Fringe Benefits 8,890 Subtotal - Personnel 27,800 Operations and Maintenance: Operations and Maintenance: Training 190 Membership Dues 50 0 & M/General 4,940 Equipment Operations and Maintenance 1,000 Subtotal - Operations and Maintenance 6,180 Utilities: Electric Utilities 96,440 Assessment Administration 22,050 Admin./General Overhead 5,710 Subtotal - Operations and Maintenance 130,380 Capital Expenditures: Capital Project $ 1,037,860 Debt Service: Interest Expense Principal Repayments Subtotal - Debt Service 7,460 38,280 45,740 Total Expenditures Budget $ 1,241,780 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 15 P506 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 162,370 Anticipated Prior Year Delinquencies Collection 1,760 Subtotal - Taxes 164,130 Other Revenues: Interest Earnings 5,100 Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance 918,680 $ 1,087,910 (153, 870) Total Gross Estimated Assessments $ 164,001.64 Total District EBU Count 5,663.04 Actual Assessment per EBU - Fiscal Year 2017/18 $ 28.96 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 28.96 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 552,378 Contribution to Reserve - Fiscal Year 2017/18 (153,870) Estimated Reserve Fund Balance, June 30, 2018 $ 398,508 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 15 P507 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 15 P508 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 15 P5O9 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EBU). Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EBU assignment. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 15 P510 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $28.96 $28.96 2,652.00 2,652.00 Multi -Family Residential 28.96 28.96 5,036.00 2,518.00 Non -Residential 28.96 28.96 246.52 493.04 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 15 P511 s Q 7 5 Grove Av Vineyard Av cn Hellman Av — Archibald Av Hermosa AvI Haven Avll { Milliken Av 1 Rochester Av Etiwanda Av 0 01 0 O N East Av 1 N 0 xt n ........--.....t........s _ ICarnelian St I IHellman Av Archibald Av Hermosa Av IHaven Av 1 i ._.1 Milliken Av »i 1 Rochester Av Day CreB ek I 1 1 Etiwanda Av 1 ii -I n G. 2 a 8 w r a Cherry Av Street Light Maintenance District 4 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 15 P512 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $28.96 2,652.00 2,652.00 $76,801.92 Multi -Family Residential 28.96 5,036.00 2,518.00 72,921.28 Non -Residential 28.96 246.52 493.04 14,278.44 Totals 7,934.52 5,663.04 $164,001.64 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no Annexations for Fiscal Year 2017/18. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 15 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 5 (Caryn Planned Community) P513 Attachment 16 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 5 (CARYN PLANNED COMMUNITY) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P514 Attachment 16 P515 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 Special Benefit 10 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 16 P516 ENGINEER'S LETTER WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 5 (Caryn Planned Community) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Fiscal Year 2017/18 Budget Expenditures Personnel Services $ 6,530 Operations and Maintenance 56,910 Capital Expenditures 405,480 Debt Service 19,990 Total Expenditures Budget 488,910 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Advances from Capital Reserve Fund Total Revenues Budget 43,710 510 44,220 401,470 445,690 Contribution to/(Use of) Fund Balance $ (43,220) Total District EBU Count 1,276.00 Actual Assessment per EBU $ 34.60 Maximum Allowable Assement per EBU $ 34.60 Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 1 Fiscal Year 2017/18 Attachment 16 P517 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report, and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 16 P518 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 16 P519 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 210 Freeway, south of Banyan, west of Rochester and east of Milliken, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester and Tracts No. 13748, 13857 and 13858 west of Milliken. 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. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 16 P520 Map of Improvements The following page shows the map of street Tight and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 16 P521 Milliken Av Rochester Av N r cn ...•••.•.••••••• •• • . •. ••• ••• • ••• .. • • •• • • • • • • .• • •. • •. •.. • • • • • • • • • • : • • • •• • • • • • • Ci) • • . • i •`s • • • • •• • • ••i ' • • • • • • • • • • i •... • • •• • • • • • • W • •• 1 r • • • • . • i �. • • • •'• . • •• 7 I 4Q •• .• • • • • • •• i Z. • ' • • • • • . • • • 1 M • • • . • • • • . •• 1 R • • • • • • • • • • i lb • • • ' • •• • • • .� �• • • 1.4 • • i • •. • • •• •41 • • •• • • • • • •• •• •• • • • ff4) •• • ••• •••'••• • • • • • • • • • d••• • • • C)i • •• •• •• • •• C) • • • • • ..•b• •. •. • •• � • • . •. • •• • •• • �� ••• • : • ••• • ). • •• • • •� ••� • C7• •• • • V) r- 0 0 cri • • . • • • • • • • • • • • • • • • • • •• • •••• • • • • • ,.M Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 16 P522 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 4,440 Fringe Benefits 2,090 Subtotal - Personnel 6,530 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 0 & M/General 8,990 Subtotal - Operations and Maintenance 9,220 Utilities: Electric Utilities 38,480 Assessment Administration 7,020 Admin./General Overhead 2,190 Subtotal - Operations and Maintenance 56,910 Capital Expenditures: Captial Project 405,480 Debt Service: Interest Expense Principal Repayments Subtotal - Debt Service 3,260 16,730 19,990 Total Expenditures Budget $ 488,910 Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 16 P523 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 43,710 Anticipated Prior Year Delinquencies Collection 510 Subtotal - Taxes 44,220 Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance 401,470 $ 445,690 (43,220) Total Gross Estimated Assessments $ 44,149.60 Total District EBU Count 1,276.00 Actual Assessment per EBU - Fiscal Year 2017/18 $ 34.60 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 34.60 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ (102,708) Contribution to Reserve - Fiscal Year 2017/18 (43,220) Estimated Reserve Fund Balance, June 30, 2018 $ (145,928) Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 16 P524 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 16 P525 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 16 P526 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. The following table provides the weighting factors applied by land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 16 P527 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $34.60 $34.60 1,276.00 1,276.00 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 16 P528 -n 8 = z s = r f) xi co 0 Grove Av .�— Vineyr Av A. s rn Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av 0 chi 0 0 cn CI Etiwanda Av 0. F in 1CD 0. rn 0. .—.---.— —. if I I Carnelian St Hellman Av Archibald Av Hermosa Av I Haven Av I j„a..._.i Milliken Av ..i y Rochester Av Day Creek B a 1 Etiwanda Av Z• i.e. 2:6 ca v tA' n s East Av to r n a tII a 8 � W r CD a. a Cherry Av Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 16 P529 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $34.60 1,276.00 1,276.00 $44,149.60 Totals 1,276.00 1,276.00 $44,149.60 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no Annexations for Fiscal Year 2017/18. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 16 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 6 (Commercial Industrial) P530 Attachment 17 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P531 Attachment 17 P532 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 Special Benefit 10 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 17 ENGINEER'S LETTER P533 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 6 (Commercial Industrial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 27,800 87,000 629,240 31,020 775,060 133,530 880 134,410 4,540 623,010 761,960 $ (13,100) 2,623.98 $ 51.40 $ 51.40 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 17 P534 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 17 P535 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the fumishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 17 P536 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to, express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill on the north, 4th on the south, East on the east and Grove 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. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 17 P537 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 2017/18 Attachment 17 P538 Hallman Av masa Av Haven Av M Casnottan $ Holman Ave Hawn Av 181llken Av1a Ibchaster A f 0IEast Av r.t - r 1 1 ICD Q 1 • I..d-- N n co f!1 3 6m Q. P' . 0 3 to N CD c N • Cherry Av 11•111.11M1.1.1111111•111•11 z Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 17 P539 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 18,910 Fringe Benefits 8,890 Subtotal - Personnel 27,800 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 0 & M/General 6,940 Equipment Operations and Maintenance 800 Subtotal - Operations and Maintenance 7,970 Utilities: Electric Utilities 67,370 Assessment Administration 5,900 Admin./General Overhead 5,760 Subtotal - Operations and Maintenance 87,000 Capital Expenditures: Captial Project 629,240 Debt Service: Interest Expense 5,060 Principal Repayments 25,960 Subtotal - Debt Service 31,020 Total Expenditures Budget $ 775,060 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 17 P540 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 133,530 Anticipated Prior Year Delinquencies Collection 880 Subtotal - Taxes 134,410 Other Revenues: Interest Earnings 4,540 Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance 623,010 761,960 $ (13,100) Total Gross Estimated Assessments $ 134,872.57 Total District EBU Count 2,623.98 Actual Assessment per EBU - Fiscal Year 2017/18 $ 51.40 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 51.40 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 437,785 Contribution to Reserve - Fiscal Year 2017/18 (13,100) Estimated Reserve Fund Balance, June 30, 2018 $ 424,685 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 17 P541 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 17 P542 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 17 P543 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 Targe do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined, however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 17 P544 Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier 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 2017/18 maximum allowable assessment rate for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Non -Residential $51.40 $51.40 2,623.98 2,623.98 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 17 P545 Grove Av Vineyard Av A S . 0) Hellman Av Archbald Av Hermosa Av Haven Av 2 co xi 8 0o 07 7 Camelian St Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av _ i _,�.�._.._._ Milliken Av Rochester Av Etiwanda Av m East Av 1 Rochester Av L._ Day Creek B Etiwanda Av 1 S tr co r 5 m Cherry Av Street Light Maintenance District 6 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 17 P546 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessment for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Non -Residential $51.40 2,623.98 2,623.98 $134,872.57 Totals DRC2015-00650 2,623.98 2,623.98 $134,872.57 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 2017/18 Fiscal Year: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0229-341-03 07/06/2016 DRC2015-00650 2.16 2.16 Non -Residential 0229-341-15 07/20/2016 DRC2015-00402 2.40 2.40 Non -Residential 0208-353-14 07/20/2016 PM19666 2.22 2.22 Non -Residential 0201-055-52 10/03/2016 PM19619 4.07 4.07 Non -Residential 0202-161-10, 11 & 20 12/07/2016 DRC2008-00909 0.67 0.67 Non -Residential Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 17 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 7 (North Etiwanda) P547 Attachment 18 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P548 Attachment 18 P549 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 Special Benefit 10 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 18 ENGINEER'S LETTER P550 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable Tots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Advances from Capital Reserve Fund Transfers In Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 20,740 157,310 1,290,430 63,620 1,532,100 127,870 1,700 129,570 1,277,650 105,100 1,512,320 (19,780) 3,886.00 $ 33.32 $ 33.32 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 18 P551 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 18 P552 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable Tots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 18 P553 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as North Etiwanda, which is generally bounded by Highland 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. Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 18 P554 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 2017/18 Attachment 18 P555 Etiwanda Av East Av i-Ezinlill.1.1 i.14:..:..+ -r..::: ....•'mi.•.•...• t ... . f= I` • •r • • yj ••••11 0 i e_ : it ..:.• moi!. t4 j •}7,1.41.......-4. ♦ i yf A. } �f • .• ••w si•. -p.%N z• •3 i •4. • ..N •t _.• N.• •r..�.• =.•.iif . °".J• •� ± •• • •••• Wardman Bullock Rd* •. Tit; .tom ••r..•i '.• - :♦.• L. • .•• . t, .•• .••' •.41. i Cherry Av Street Light Maintenance District 7 (SLD 7) Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 18 P556 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 14,110 Fringe Benefits 6,630 Subtotal - Personnel 20,740 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 0 & M/General 4,940 Subtotal - Operations and Maintenance 5,170 Utilities: Electric Utilities 126,090 Assessment Administration 21,380 Admin./General Overhead 4,670 Subtotal - Operations and Maintenance 157,310 Capital Expenditures: Captial Project Debt Service: Interest Expense Principal Repayments Subtotal - Debt Service 1,290,430 10,380 53,240 63,620 Total Expenditures Budget $ 1,532,100 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 18 P557 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 127,870 Anticipated Prior Year Delinquencies Collection 1,700 Subtotal - Taxes 129,570 Advances from Capital Reserve Fund 1,277,650 Transfer In: Transfer In - General Fund 105,100 Total Revenues Budget $ 1,512,320 Contribution to/(Use of) Fund Balance $ (19,780) Total Gross Estimated Assessments $ 129,481.52 Total District EBU Count 3,886.00 Actual Assessment per EBU - Fiscal Year 2017/18 $ 33.32 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 33.32 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EDU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ (28,529) Contribution to Reserve - Fiscal Year 2017/18 (19,780) Estimated Reserve Fund Balance, June 30, 2018 $ (48,309) Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 18 P558 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 18 P559 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 18 P560 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land -use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EDU assignment. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 18 P561 Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 0.50 Unit Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $33.32 33.32 3,886.00 3,886.00 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. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 18 P562 Hellman Av Archibald Av Hermosa Av Haven Av I Milliken Av Rochester Av 0 0 0 0I Etiwanda Av s 2 co xi co Grove Av Vineyard Av f gj ET' ii tox cn a i 1 1 Carnelian St IHellman Av Archibald Av Hermosa Av Haven Av I ._„_„_. Milliken Av I Rochester Av r D n a Cherry Av Street Light Maintenance District 7 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 13 Fiscal Year 2017/18 Attachment 18 P563 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $33.32 3,886.00 3,886.00 $129,481.52 Multi -Family Residential 33.32 0.00 0.00 0.00 Non -Residential 33.32 0.00 0.00 0.00 Totals 3,886.00 3,886.00 $129,481.52 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no annexations for Fiscal Year 2017/18. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 18 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Street Lighting Maintenance District No. 8 (South Etiwanda) P564 Attachment 19 CITY OF RANCHO CUCAMONGA STREET LIGHTING MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Giliison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P565 Attachment 19 P566 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 9 Overview 9 Special Benefit 10 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Annexations 14 Attachment 19 ENGINEER'S LETTER P567 WHEREAS, on June 21, 2017, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 17-048, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Street Light Maintenance District No. 8 (South Etiwanda) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed the City Engineer to prepare and file an Annual Engineer's Report for Fiscal Year 2017/18 pursuant to the requirements of the 1972 Act. The Annual Engineer's Report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received; and NOW THEREFORE, the following assessment is proposed to be authorized in order to pay for the acquisition of street lights, the installation of Light Emitting Diode (LED) street lighting, and estimated costs of maintenance, operation and servicing of the improvements to be paid by the assessable real property within the boundaries of the District in proportion to the special benefit received. The following table summarizes the proposed assessment. Expenditures Personnel Services Operations and Maintenance Capital Expenditures Debt Service Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Other Revenues Advances from Capital Reserve Fund Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2017/18 Budget $ 25,340 61,120 321,040 15,760 423,260 70,250 800 71,050 23,640 316,500 411,190 (12,070) 2,318.78 $ 30.60 $ 30.60 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga Fiscal Year 2017/18 1 Attachment 19 P568 In making the assessments contained herein pursuant to the 1972 Act: 1. I have identified all parcels which will have a special benefit conferred upon them from the improvement described in the Special Benefit Section of this Annual Engineer's Report (the "Specially Benefited Parcels"). For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in this Annual Engineer's Report. 2. I have evaluated the costs and expenses of the improvements upon the Specially Benefitted Parcels. In making such evaluation: a. The proportionate special benefit derived by each Specially Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Annual Engineer's Report and, to the best of my knowledge, information and belief, I certify that the Annual Engineer's Report and Assessment Diagram included herein have been prepared and computed in accordance with the order of the City Council of the City of Rancho Cucamonga and the Assessment Law. Jason C. Welday, Director of Engineering Services/City Engineer Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 19 P569 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements, the installation of LED street lighting, and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 19 P570 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as South Etiwanda, which is generally bounded by Etiwanda on the west, Highland on the north and Foothill on the south. The southern portion of the District is bounded by East 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. . Beginning in Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District is proposed to be added to the improvements. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 19 P571 Map of Improvements The following page shows the map of street Tight and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 19 P572 • •1 • • • ••.• • •• ••• t~t • • • • • ••• • •• r t • • • •f •••• •••} iv,.•••••% • ••• •••••• •• • • • •••• • •• • • • • •• •••••••••• • 11 ps aun ase9 Etiwanda Av C • • it East Av ---v= z 1)(ENV'. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 6 Fiscal Year 2017/18 Attachment 19 P573 ESTIMATE OF COSTS The estimated costs of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the District levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 17,240 Fringe Benefits 8,100 Subtotal - Personnel 25,340 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 40 0 & M/General 4,940 Subtotal - Operations and Maintenance 5,160 Utilities: Electric Utilities 42,240 Assessment Administration 8,720 Admin./General Overhead 5,000 Subtotal - Operations and Maintenance 61,120 Capital Expenditures: Captial Project 321,040 Debt Service: Interest Expense Principal Repayments Subtotal - Debt Service 2,570 13,190 15,760 Total Expenditures Budget $ 423,260 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 19 P574 Fiscal Year 2017/18 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 70,250 Anticipated Prior Year Delinquencies Collection 800 Subtotal - Taxes 71,050 Other Revenues: Interest Earnings Subtotal - Other Revenues 23,640 23,640 Advances from Capital Reserve Fund 316,500 Total Revenues Budget $ 411,190 Contribution to/(Use of) Fund Balance $ (12,070) Total Gross Estimated Assessments $ 70,954.67 Total District EBU Count 2,318.78 Actual Assessment per EBU - Fiscal Year 2017/18 $ 30.60 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 30.60 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $2,031,462 Contribution to Reserve - Fiscal Year 2017/18 (12,070) Estimated Reserve Fund Balance, June 30, 2018 $ 2,019,392 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 19 P575 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 19 P576 improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 10 Fiscal Year 2017/18 Attachment 19 P577 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 11 Fiscal Year 2017/18 Attachment 19 P578 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 2017/18 maximum allowable assessment rates for the District: Property Type (County Use Code) Maximum Allowable Assessment Rate per EBU Actual Asessment Rate per EBU Total Units/Acres Total EBUs Single Family Residential $193.75 $30.60 1,198.00 1,198.00 Multi -Family Residential 193.75 30.60 1,057.00 1,057.00 Non -Residential 193.75 30.60 31.89 63.78 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. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 12 Fiscal Year 2017/18 Attachment 19 P579 PHMfg ilea! IP ;S py lif Enipti 1041 411.=411.1 S.1 re tli g 03 9 co Grove Av Vineyard Av A St S Hellman Av CP - Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av East Avl�„_„�. B tD 5. a 8 W 0' Cherry Av ¶lam 2 N 0 0. 0. Camelian St Hellman Av Archibald Av I Hermosa Av 9 Haven Av 1 .._.._.._. Milliken Av [Rochester Av Day Creek B! i I r Etiwanda Av ! I Street Light Maintenance District 8 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga Fiscal Year 2017/18 13 Attachment 19 P580 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2017/18 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of San Bernardino. The following table summarizes the Fiscal Year 2017/18 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $30.60 1,198.00 1,198.00 $36,658.80 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 Totals 7.00 2,286.89 2,318.78 $70,954.67 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for Fiscal Year 2017/18: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0227-061-03 & 82 08/03/2016 TR18936 16.00 16.00 Single Family Residential 0227-071-17 09/07/2016 TR19968 11.00 11.00 Single Family Residential 1100-011-02 09/07/2016 TR18966 7.00 7.00 Single Family Residential Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 14 Fiscal Year 2017/18 Attachment 19 Preliminary Annual Engineer's Report Fiscal Year 2017/18 City of Rancho Cucamonga Parks and Recreation Improvement District No. PD -85 Jason C. Welday, Director of Engineering Services/City Engineer P581 Attachment 20 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTRICT NO. 5 (ANDOVER) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909.477.2700 Fax: 909.477.2849 CITY COUNCIL L. Dennis Michael, Mayor Lynne B. Kennedy, Mayor Pro Tem William Alexander, Council Member Sam Spagnolo, Council Member Diane Williams, Council Member CITY STAFF John R. Gillison, City Manager Lori E. Sassoon, Deputy City Manager/Administrative Services Jason C. Welday, Director of Engineering Services/City Engineer William Wittkopf, Public Works Director Tamara L. Layne, Finance Director P582 Attachment 20 P583 TABLE OF CONTENTS AUTHORITY FOR REPORT 1 FINDINGS 1 DISTRICT ANALYSIS 2 ESTIMATE OF WORK 3 District Budget 3 Definitions of Budget Items 5 METHOD OF SPREAD 6 Annexations 7 Boundary Map 8 Attachment 20 P584 AUTHORITY FOR REPORT This report for the Fiscal Year 2017/18 is prepared pursuant to the order of the City Council of the City of Rancho Cucamonga (the "City") and in compliance with the requirements of Article 4, Chapter 1, Landscape and Lighting Act of 1972 (the "1972 Act"), being Division 15, Section 22500 of the Streets and Highways code. Provisions for this annual assessment are included in Chapter 3 of the 1972 Act. The purpose of this report is to set forth findings and the assessment analysis for the annual levy of assessments for the Park and Recreation Improvement District No. PD -85 (the "District"). This District, using direct benefit assessments, was originally created to provide funds to finance the cost of construction, maintenance, operation and debt payment of Heritage Community Park and Red Hill Community Park in the City of Rancho Cucamonga. Subsequently, the debt has been repaid with only the ongoing maintenance and operation with periodic capital improvement expenditures of the parks remaining. FINDINGS Section 22573 of the 1972 Act, requires assessments to be levied according to benefit rather than according to assessed value. The section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The means of determining whether or not a parcel will benefit from the improvements is contained in the Improvement Act of 1911 (Division 7, commencing with Section 5000 of the Streets and Highways Code, State of California). The 1972 Act also provides for the classification of various areas within an assessment district into benefit areas where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of all territory receiving substantially the same degree of benefit from the improvements and may consist of contiguous or noncontiguous areas. As the assessments are levied on the bases of benefit, they are considered a user's fee, not a tax; and, therefore, are not governed by Article XIII A. Properties owned by public agencies, such as a city, county, state, or the Federal government, are not assessable without the approval of the particular agency and, normally, are not assessed. Certain other parcels used for railroad mainline right-of-way, public utility transmission right-of-way, and common areas are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 1 Fiscal Year 2017/18 Attachment 20 P585 DISTRICT ANALYSIS A. District Boundary The District includes all of the City of Rancho Cucamonga with the general exception of land east of Deer Creek Channel and the Victoria, Caryn and Terra Vista Planned Communities. All parcels of real property affected are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the office of the San Bernardino County Assessor in the Hall of Records, 172 West Third Street, San Bernardino, California and which are hereby made a part hereof by reference. B. District Name City of Rancho Cucamonga Park and Recreation Improvement District No. PD -85. C. Facilities The existing works within the District boundary are generally described as follows: 1. The maintenance and operation of Heritage Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, restrooms, equestrian facilities, playground equipment, picnic facilities, athletic facilities, and walking, jogging and equestrian trails and sanitary sewer connections. 2. The maintenance and operation of Red Hill Community Park including, but not limited to, grading, planting, irrigation, onsite roads, sidewalks, parking lots, lighting, waterscape, restrooms, senior citizens facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trail, sanitary sewer connections and onsite drainage inlets. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 2 Fiscal Year 2017/18 Attachment 20 P586 ESTIMATE OF WORK The 1972 Act permits carrying forward surpluses or recovering deficits in subsequent fiscal years. Costs for the district will be reviewed annually. Any surplus credited against assessment or any deficits shall be included in the assessment for the following fiscal year. District Budget Fiscal Year 2017/18 Budget Expenditures Personnel Services: Regular Salaries $ 143,340 Overtime Salaries 3,680 Fringe Benefits 67,060 Subtotal - Personnel 214,080 Operations and Maintenance: Operations and Maintenance: O & M/General 118,910 O & M/Facilities 2,500 Emergency Equipment and Vehicle Rental 5,000 Equipment Operations and Maintenance 4,500 Subtotal - Operations and Maintenance 130,910 Contract Services: Contract Services/General 289,790 Contract Services/Facilities 14,240 Tree Maintenance 19,120 Subtotal - Contract Services 323,150 Utilities: Telephone Utilities 9,570 Water Utilities 148,690 Electric Utilities 130,050 Subtotal - Utilities 288,310 Assessment Administration 152,220 Admin./General Overhead 48,640 Other Expenses 2,960 Subtotal - Operations and Maintenance 946,190 Capital Expenditures: Captial Outlay - Improvements Other Than Building Captial Project Subtotal - Capital Expenditures Transfers Out: Transfers Out - PD -85 Capital Reserve Fund Subtotal - Transfer Out Total Expenditures Budget 30,000 55,000 85,000 116,800 116,800 1,362,070 Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 3 Fiscal Year 2017/18 Attachment 20 P587 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Fiscal Year 2017/18 Budget 1,123, 840 14,000 1,137,840 Other Revenues: Interest Earnings 14,480 Other Rental/Lease Income 107,450 Park Maintenance Fees 6,500 Sports Field User Group Rentals 650 Sports Lighting Fees 39,220 Other Revenue 500 Subtotal - Other Revenues: 168,800 Transfer In: Transfer In - General Fund Transfer In - PD -85 Operating Fund Subtotal - Transfer In: 203,990 116,800 320,790 Total Revenues Budget $ 1,627,430 Contribution to/(Use of) Fund Balance $ 265,360 Total Gross Estimated Assessments $ 1,158,594.00 Total District EBU Count 37,374.00 Actual Assessment per EBU - Fiscal Year 2017/18 $ 31.00 Maximum Allowable Assement per EBU - Fiscal Year 2017/18 $ 31.00 Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment; however it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County of San Bernardino, whichever is later. Beginning with Fiscal Year 2016/17, the City will maintain a Capital Reserve to be used for deferred maintenance and pending capital projects. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 4 Fiscal Year 2017/18 Attachment 20 P588 The reserve balance information for the District is as follows: Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance, June 30, 2017 $1,074,598 $ 75,770 $1,150,368 Contribution to Reserve - Fiscal Year 2017/18 187,870 77,490 265,360 Estimated Reserve Fund Balance, June 30, 2018 $1,262,468 $153,260 $1,415,728 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 5 Fiscal Year 2017/18 Attachment 20 METHOD OF SPREAD P589 The 1972 Act indicates that assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels within the District in proportion to the estimated benefit received. A. Definitions The District is divided into three categories for the purpose of determining the assessments as follows: CATEGORY A — includes parcels based on the number of existing residential units within certain ranges of parcel size. CATEGORY B — includes all parcels not defined in Category A or Category C CATEGORY C — includes exempt parcels. Exempt parcels are those parcels listed by the County Assessor's as exempt and/or which have an assessed value of less than $500. B. Formula The assessment formula is based on actual land use information contained in the current San Bernardino Assessor's computer files and Assessor's parcel maps. Category A: All parcels containing existing residential dwelling units and meeting the following conditions. Parcel Size/Range Less than 1.5 Acres and 1.51 to 3.5 Acres and 3.51 to 7.0 Acres and 7.01 to 14.0 Acres and 14.01 to 25 Acres and 25.01 Acres and larger Dwelling Units/Parcel 1 or more dwelling units 2 or more dwelling units 4 or more dwelling units 8 or more dwelling units 15 or more dwelling units 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. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga Fiscal Year 2017/18 6 Attachment 20 P590 Category C: All exempt parcels as defined below: 1. All properties currently tax exempt; 2. All public ownership; 3. Railroad mainline right-of-ways; 4. Major utility transmission right-of-ways; 5. Mineral rights; 6. Parcels so small they currently cannot be built upon; 7. All normally assessable parcels within an assessed valuation of less than $500 and 1.5 acres or less; and, C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate, which will be levied during the Fiscal Year 2017/18, is $31.00 per residential dwelling unit for those parcels in Category A. Category A parcels containing more than one residential dwelling unit will be assessed for an amount equal to $31.00 times the number of residential dwelling units. Category B: The assessment, which may be levied for parcels within Category B during the Fiscal Year 2017/18, 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 Fiscal Year 2017/18. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 7 Fiscal Year 2017/18 Attachment 20 P591 Boundary Map An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of San Bernardino, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 8 Fiscal Year 2017/18 Attachment 20 P592 s w Pa 0 to2 is Vineyarnrd Av g Heilman Av U' Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av g 5/ East Av = Rochester Av Day Creek BI Etiwanda Av' i� 5 ! D a w Cherry Av Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Gd-99;aigsrp ivawssassv Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 9 Fiscal Year 2017/18 Attachment 20 P593 RESOLUTION NO. 17-043 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, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2017/18 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously undertaken proceedings to form and has formed certain maintenance districts pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act"), known and designated as Landscape Maintenance District Nos. 1, 2, 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, 2017, and ending June 30, 2018 ("Fiscal Year 2017/18"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements or Substantial Changes in Existing Improvements. No new improvements are proposed to be added to the improvements to be maintained or serviced and no substantial changes in the existing improvements are proposed to be made for Fiscal Year 2017/18. 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. PASSED, APPROVED, AND ADOPTED this 21s` day of June 2017. Resolution No. 17-043 — Page 1 of 1 ATTACHMENT #21 P594 RESOLUTION NO. 17-044 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2017/18 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 2017/18 (each, an "Annual Engineer's Report") in certain maintenance assessment districts known and designated as Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, there has now been presented to this City Council a separate Annual Engineer's Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed each Annual Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth in each such report, and is satisfied that the assessments, on a preliminary basis, have been allocated within each District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the applicable Annual Engineer's Report. WHEREAS, the annual assessments for Fiscal Year 2017/18 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 2017/18 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer's Reports. The Annual Engineer's Report for each District as presented, consisting of the following: A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2017/18; C. A diagram for such District, showing the area and properties proposed to be assessed; and Resolution No. 17-044 — Page 1 of 2 ATTACHMENT #22 P595 D. An annual assessment for Fiscal Year 2017/18 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 21st day of June 2017. Resolution No. 17-044 — Page 2 of 2 ATTACHMENT #22 P596 RESOLUTION NO. 17-045 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 2017/18 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed certain maintenance districts and authorized the levy of assessments therein pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act") in what are known and designated as Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10, inclusive (each a "District" and collectively, the "Districts"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2017/18, 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 2017/18 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 2017/18 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 2017/18 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of assessments within each District for the continual maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. The improvements include, but are not limited to, turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, hardscapes, entry signs, sound walls, and all associated appurtenant facilities. A description of the specific improvements to be maintained and serviced within each District is set forth in Appendix A attached hereto and incorporated herein by this reference. Resolution No. 17-045 — Page 1 of 5 ATTACHMENT #23 P597 "Maintenance" may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: (a) repair, removal, or replacement of all or any part of any improvement; (b) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; AND (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Service" may include the furnishing of: (a) electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and, (b) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Reference is made to the applicable Annual Engineer's Report for further information regarding the improvements to be maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Engineer's Reports. The Annual Engineer's Reports regarding the annual levy for each District for Fiscal Year 2017/18 have been preliminarily approved and directed to be filed in the Office of the City Clerk. Reference is made to the applicable such report for each District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order, the annual levy of assessments for each District as set forth and described in the applicable Annual Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer's Report. SECTION 5. Boundaries of Districts. The proposed maintenance and service work as described in the Annual Engineer's Report for each District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon each such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. Each such District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 19`h day of July, 2017 at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: Resolution No. 17-045 — Page 2 of 5 ATTACHMENT #23 P598 Tamara Layne Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2430 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 Tess than ten (10) days before the date set for the Public Hearing. PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. Resolution No. 17-045 — Page 3 of 5 ATTACHMENT #23 P599 Appendix A Descriptions of Improvements This Appendix A contains general descriptions of the improvements to be maintained and serviced within each of the Districts. Please refer to the Annual Engineer's Report for a full and complete description of the maintenance and service to be provided for each District. Landscape Maintenance District No. 1 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Entry Monuments Community Trails Parks: Bear Gulch Park, East and West Beryl Parks, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and Don Tiburcio Tapia Park (undeveloped) Landscape Maintenance District No. 2 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Entry Monuments Parks: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park and Windrows Park Landscape Maintenance District No. 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: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park Resolution No. 17-045 — Page 4 of 5 ATTACHMENT #23 Landscape Maintenance District No. 5 Landscaping: Andover Park 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: Etiwanda Creek Community Park Landscape Maintenance District No. 8 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Paseos Street Trees Community Trails Landscape Maintenance District No. 9 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Parks: Garcia Park Landscape Maintenance District No. 10 Landscaping: Parkways (includes turf and ground cover) Median Islands (includes turf and ground cover) Street Trees Community Trails Parks: Day Creek Park Resolution No. 17-045 — Page 5 of 5 P6OO ATTACHMENT #23 P601 RESOLUTION NO. 17-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2017/18 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously undertaken proceedings to form and has formed certain maintenance districts pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act"), known and designated as Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, at this time, the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to authorize the proposed new improvements and provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and servicing of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2017, and ending June 30, 2018 ("Fiscal Year 2017/18"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements. The acquisition by the City of the street lights and installation of Light Emitting Diode (LED) street lighting specially benefiting the properties within the Districts is proposed to be added to the improvements to be maintained and serviced for Fiscal Year 2017/18 and future years. 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. PASSED, APPROVED, AND ADOPTED this 21St day of June 2017. Resolution No. 17-046 — Page 1 of 1 ATTACHMENT #24 P602 RESOLUTION NO. 17-047 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2017/18 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 2017/18 (each, an "Annual Engineer's Report") in certain maintenance assessment districts known and designated as Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each, a "District" and collectively, the "Districts"); and WHEREAS, there has now been presented to this City Council a separate Annual Engineer's Report for each District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed each Annual Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth in each report, and is satisfied that the assessments, on a preliminary basis, have been spread within each District in accordance with the special benefits received from the new improvements to be acquired, i.e., the street lights and installation of Light Emitting Diode (LED) street lighting specially benefiting the properties within the Districts and the improvements to be maintained and serviced, as set forth in the applicable Annual Engineer's Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. SECTION 2. presented, consisting A. B. C. D. Recitals. The above recitals are all true and correct. Annual Engineer's Reports. The Annual Engineer's Report for each District as of the following: Plans and specifications describing the general nature, location and extent of new improvements, i.e., the street lights specially benefitting the properties within the Districts to be acquired, installation of Light Emitting Diode (LED) street lighting and the improvements to be maintained and serviced and the extent of such maintenance; An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2017/18; A diagram for such District, showing the area and properties proposed to be assessed; and An annual assessment for Fiscal Year 2017/18 of the estimated costs of the acquisition of the street lights and street lights and installation of Light Emitting Diode (LED) street lighting specially benefiting the properties within the Districts Resolution No. 17-047 — Page 1 of 2 ATTACHMENT #25 P6O3 and 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 21st day of June 2017. Resolution No. 17-047 — Page 2 of 2 ATTACHMENT #25 P604 RESOLUTION NO. 17-048 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 2017/18 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed certain maintenance districts and authorized the levy of assessments therein pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act") in what are known and designated as Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive (each a "District" and collectively, the "Districts"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2017/18, to finance the acquisition of the street lights and installation of Light Emitting Diode (LED) street lighting specially benefiting the properties within the Districts and 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 2017/18 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 2017/18 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 2017/18 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires, 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 acquisition of the street lights and installation of Light Emitting Diode (LED) street lighting specially benefiting the properties within the SLDs and for the continual maintenance and servicing of the improvements authorized to be maintained and serviced within each such District. The improvements include, but are not limited to, street lights proposed to be acquired, installation of Light Emitting Diode (LED) street lighting, traffic signals and appurtenant facilities related Resolution No. 17-048 — Page 1 of 4 ATTACHMENT #26 P605 thereto. A description of the specific improvements to be acquired, maintained and serviced within each District is set forth in Appendix A attached hereto and incorporated herein by this reference. The maintenance of the improvements includes the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement. Service includes the furnishing of electric current or energy, gas, or other illuminating agent for any improvement. Reference is made to the applicable Annual Engineer's Report for further information regarding the improvements to be acquired, maintained and serviced for each District and the scope of such maintenance and service. SECTION 3. Annual Engineer's Reports. The Annual Engineer's Reports regarding the annual levy for each District for Fiscal Year 2017/18 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 and the new improvements to be acquired which constitute the street lights and installation of Light Emitting Diode (LED) street lighting specially benefiting the properties within each District, the boundaries of such District and any zones therein, and the proposed assessments upon assessable Tots 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 the acquisition of such street lights, installation of Light Emitting Diode (LED) street lighting and 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 19th day of July, 2017 at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the acquisition of the street lights, installation of Light Emitting Diode (LED) street lighting and 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: Resolution No. 17-048 — Page 2 of 4 ATTACHMENT #26 P606 Tamara Layne Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2430 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 21st day of June 2017. Resolution No. 17-048 — Page 3 of 4 ATTACHMENT #26 P6O7 Appendix A Descriptions of Improvements This Appendix A contains general descriptions of the improvements to be maintained and serviced within each of the Districts. Please refer to the Annual Engineer's Report for a full and complete description of the maintenance and service to be provided for each District. Street Lighting Maintenance District No. 1 The installation/maintenance of street lights and traffic signals on arterial streets that are throughout the City. Street Lighting Maintenance District No. 2 The installation/maintenance of street lights and traffic signals on local streets that are generally west of Haven Avenue. Street Lighting Maintenance District No. 3 The installation/maintenance of street lights and traffic signals located within the Victoria Planned Community. Street Lighting Maintenance District No. 4 The installation/maintenance of street lights and traffic signals located within the Terra Vista Planned Community. Street Lighting Maintenance District No. 5 The installation/maintenance of street lights and traffic signals located within the Caryn Planned Community. Street Lighting Maintenance District No. 6 The installation/maintenance of street lights and traffic signals located on commercial and industrial streets throughout the City but that are not within an existing local maintenance district. This area is located generally south of Foothill Boulevard. Street Lighting Maintenance District No. 7 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "North Etiwanda". This area is located generally east of Day Creek Channel and north of Highland Avenue. Street Lighting Maintenance District No. 8 The installation/maintenance of street lights and traffic signals on local streets within this area of the City is known as "South Etiwanda". This area is located generally east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue. Resolution No. 17-048 — Page 4 of 4 ATTACHMENT #26 P608 RESOLUTION NO. 17-049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 FOR FISCAL YEAR 2017/18 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously undertaken proceedings to form and has formed that certain maintenance district pursuant to pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act"), known and designated as Park and Recreation Improvement District No. PD -85 (the "District"); and WHEREAS, at this time the City Council desires to initiate proceedings pursuant to Chapter 3 of the 1972 Act to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and servicing of improvements within the District; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2017, and ending June 30, 2018 ("Fiscal Year 2017/18"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. New Improvements or Substantial Changes in Existing Improvements. No new improvements are proposed to be added to the improvements to be maintained or serviced and no substantial changes in the existing improvements are proposed to be made for Fiscal Year 2017/18. 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. PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. Resolution No. 17-049 — Page 1 of 1 ATTACHMENT #27 P609 RESOLUTION NO. 17-050 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 FOR FISCAL YEAR 2017/18 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 2017/18 (the "Annual Engineer's Report") in a certain maintenance assessment district known and designated as Park and Recreation Improvement District No. PD -85 (the "District"); and WHEREAS, there has now been presented to this City Council the Annual Engineer's Report for the District as required by the Assessment Law and as previously directed by Resolution; and WHEREAS, this City Council has now examined and reviewed the Annual Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth in such report, and is satisfied that the assessments, on a preliminary basis, have been allocated within the District in accordance with the special benefits received from the improvements to be maintained and serviced, as set forth in the Annual Engineer's Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Annual Engineer's Reports. The Annual Engineer's Report for the District as presented, consisting of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and serviced and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2017/18; C. A diagram for the District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2017/18 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 Tots 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. Resolution No. 17-050 — Page 1 of 2 ATTACHMENT #28 PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. Resolution No. 17-050 — Page 2 of 2 P610 ATTACHMENT #28 P611 RESOLUTION NO. 17-051 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 2017/18 WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed that certain maintenance district and authorized the levy of assessments therein pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500) (the "1972 Act") in what is known and designated as Park and Recreation Improvement District No. PD -85 (the "District"); and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for Fiscal Year 2017/18, 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 2017/18 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 2017/18 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 2017/18 within such District are not deemed to be "increased" over the maximum authorized annual assessments. NOW, THEREFORE, by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Improvements and Maintenance and Servicing Thereof. The public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of assessments within the District for the continued maintenance and servicing of the improvements authorized to be maintained and serviced within such District. "Maintenance" may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: (a) repair, removal, or replacement of all or any part of any improvement; (b) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and, (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Service" may include the furnishing of: (a) electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and, (b) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Resolution No. 17-051 — Page 1 of 3 ATTACHMENT #29 P612 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 2017/18, 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 Tots 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 19th day of July, 2017, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting of the City Council, being in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California, which is the time and place fixed by this City Council for the hearing of protests or objections in reference to the annual levy of assessments, to the extent of the maintenance, by any interested person and any other matters contained in this resolution. Any persons who wish to object to the proceedings for the annual levy should file a written protest with the City Clerk prior to the time set and scheduled for said public hearing. SECTION 7. For Information Regarding Proceedings. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the City: Tamara Layne Finance Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-2430 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 215t day of June 2017. Resolution No. 17-051 — Page 2 of 3 ATTACHMENT #29 P613 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. Resolution No. 17-051 — Page 3 of 3 ATTACHMENT #29 P614 CITY OF RANCHO CUCAMONGA DATE: TO: FROM: INITIATED BY: SUBJECT: June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Julie A. Sowles, Library Director STAFF REPORT CONSIDERATION TO APPROVEHEPROPOSAL FROM GYROSCOPE, INC. TO PROVIDE PROFESSIONAL MUSEUM CONSULTING SERVICES TO THE RANCHO CUCAMONGA PUBLIC LIBRARY FOR THE DEVELOPMENT OF THE INTERACTIVE LEARNING SPACE ON THE 2ND FLOOR OF THE PAUL A. BIANE LIBRARY RECOMMENDATION: It is recommended that City Council approve the proposal from Gyroscope, Inc. to provide professional museum consulting services to the Rancho Cucamonga Public Library for the development of the interactive learning space on the 2nd floor of the Paul A. Biane Library. Services to include (but not limited to) further developing conceptual framework for the visitor experience and key learning strategies based on the agreed direction, three computer-generated renderings of potential exhibits, brief description of potential governance, logo and wayfinding templates, and an updated business plan in an amount not to exceed $95,500, funded by the Library Fund. BACKGROUND: With construction complete of the 2nd floor of the Paul A. Biane Library, the Library is now in the process of further developing the space and the programs offered, and starting to re-examine the business plan for the 2nd floor. The original concept for the 2nd floor was developed in coordination with Gyroscope, Inc. The overall vision for the 2nd floor and conceptual framework has not changed but staff feel that with the changes of trends in the children's museum industry as well as with staff turnover at the Library since 2009 (when the original needs assessment was conducted), now would be an opportune time to bring back Gyroscope, Inc. to work with staff (and a new Library Director) to closely look at how to best develop the 2nd floor as it develops into an interactive discovery space for children and their families. Staff of the Rancho Cucamonga Public Library have worked with Gyroscope, Inc. previously. starting in 2009 with the initial needs assessment for the 2nd floor of the Paul A. Biane Library. Gyroscope, Inc. was also rehired as the consultant used in 2010-2011 when creating the successful Play and Learn IslandsTM. (The initial contract with Gyroscope, Inc. was publicly -bid.) Page 1 of 2 ANALYSIS: Due to the previous working relationship between the Library and Gyroscope, Inc. and the intricate knowledge that the Vendor has with this project it would be in the City's best interest to continue the work in progress with Gyroscope, Inc. Scope of work for this project is broken down into three main tasks: (1) Visitor Experience Concept, (2) Logo Development, Branding and Graphic Standards, and (3) Revised Business Plan. Based on the work Gyroscope, Inc. has previously done with the staff of the Rancho Cucamonga Public Library in the area of creating a needs assessment and overall vision for the 2nd floor of the Paul A. Biane Library, a single source memo was submitted to and approved by the Procurement Manager. Staff requests that the City Council accept this single source bid. Based on their institutional knowledge, experience and familiarity with the existing project, Gyroscope, Inc. will prove to be the most cost efficient, providing the best value to the City. FISCAL IMPACT: Contract to be funded in an amount not to exceed $95,500 through the use of salary savings in the Library Fund that will be transferred from Regular Salaries Account Number 1290601-5000 into Contract Services Account Number 1290601-5300. COUNCIL GOAL ADDRESSED: Not Applicable. ATTACHMENTS: Attachment 1 — Gyroscope Agreement. Page 2 of 2 P615 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 8th day of May, 2017, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Gyroscope, Inc., a Consultant ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: to work with the Library to provide professional museum consulting services to the Rancho Cucamonga Public Library for the development of the interactive learning space on the 2"d floor of the Paul A. Biane Library ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals "A" and "B" above, all as more fully set forth in the Consultant's proposal, dated 4/14/17 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. -1- 11231-000112078429v1.doc P616 ATTACHMENT 1 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "B". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be one year and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted: services or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one year increments to a total of three years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. City shall compensate Consultant as set forth in Exhibit "A", provided, however, that the full, total and complete amount payable to Consultant shall not exceed $95,500 (Ninety- five thousand, five hundred dollars), including all out-of-pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit "A". -2- 11231-0001\2078429v1.doc P617 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Brian Sternberg, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Maeryta Medrano is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant Representative"). 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such Services, including without limitation, a City business license as required by the City's Municipal Code. 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By -3- 11231-0001 3- 1123I-0001 \2078429v 1.doc P618 its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Work Product. Except as described below, all Work Product created by Consultant pursuant to this Agreement, including derivative works and compilations, and whether or not such Work Product is considered a "work made for hire" or an employment to invent, shall be the property of the Consultant and the City. 7.1 Gyroscope, its subcontractors' and third party intellectual property existing prior to the date of this Agreement, including trademarks, copyrighted drawings and materials, patents and trade secrets ("Prior Art") remains completely and solely the property of Gyroscope, its subcontractors and third parties, as the case may be. 7.2 To the extent such Prior Art is incorporated into Progress Work Products, Presentations, Deliverables and Design Documents for this one Project only in the Paul A. Biane Library, and that all payments due for Work Products have been made to Gyroscope, then Gyroscope will grant the City a fully -paid, non -conditional but non -transferable and non- exclusive license to use such Prior Art, provided that all Prior Art shall remain the property of its original authors, including third parties, and that Gyroscope shall not be held responsible for misuse of such Prior Art. 7.3 License to Intellectual Property. The license granted under this Agreement permits City to authorize Consultant, subcontractors, sub -subcontractors, and material or equipment suppliers, as well as City's consultants and separate contractors, to reproduce applicable portions of Prior Art solely and exclusively for use in performing services or construction for this one Project, or for any other non-commercial municipal purpose. If and upon the date the Consultant is in default of this Agreement, the foregoing license shall be supplemented by a second, non-exclusive license permitting City to authorize other similarly credentialed design professions to reproduce and, where permitted by law, to make changes, corrections, or additions to the Prior Art solely for purposes of completing, using, and maintaining the Project or for any other non-commercial municipal purpose. Consultant shall not, however, be liable for any use of the Work Product without Consultant's direct involvement. -4- 11231-000112078429v I . doc P619 If upon the date the City is in default of its obligations of this Agreement, the foregoing license by Consultant is hereby revoked. 7.4 Third Party Intellectual Property. In the event that Third -Party Intellectual Property is necessary for the use in any Work Product, Consultant shall make reasonable efforts to credit or obtain permission or rights to use such Third -Party Intellectual Property in its Work Products. 7.5 Limited City Indemnity. To the full extent permitted by law, Consultant shall be held harmless by City from liability arising out of the reuse or alteration of Consultant's Work Product by City that was not specifically contemplated and agreed to by the parties in this Agreement or under separate agreement, or for any use of the Work Product in which Consultant is not directly involved. 7.6 To ensure an equitable working relationship with the City's creative services Consultant, and notwithstanding the foregoing terms and conditions, the City may, using reasonable discretion, consent in writing to the Consultant's use of some or all of the Work Product for limited purposes that may include Consultant's promotional activities, professional portfolio, marketing and new business development. 7.7 Gyroscope shall deliver live files of Work Products pertaining to the graphic production of exhibit labels, donor recognition, and naming. However, all other Work Product Deliverables, including progress work, shall be delivered as pdf files and not as native live files except as provided in this Section 7.6. In the event City requests editable digital copies of design documents created by Contractor ("live files"), City and Consultant agree: (1) The deliverable documents for this project are pdf files provided by Contractor. The requested live files are provided as a courtesy and are not a substitute for the deliverable documents. In the event of any discrepancies between the live files and the deliverable documents, the deliverable documents are controlling. (2) The live files are instruments of service between City and Consultant. Consultant makes no warranties, either express or implied, of merchantability and fitness of the live files for any particular purpose or of the accuracy of the live files. City agrees to use these documents at City's sole risk. In the event that the live files include digital images, City assumes all responsibility for questions of copyright and invasion of privacy that may arise in the copying and use of images, arid to assume responsibility for obtaining all necessary permissions pertaining to use. (3) (4) The live files for drawing packages are Vectorworks 2017 CAD files on a MAC platform. City is responsible for costs and time incurred for any necessary conversions to other software platforms or other versions of Vectorworks. -5- 1 1 2 3 1-000 11207 842 9v 1.doc P620 (5) City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless for any damage, liability, or cost, including reasonable attorney's fees, arising from the use or reuse of the live files by anyone other than Consultant. 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel date of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, -6- 11231-0001\2078429v1.doc P621 percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in Section 10.1. 11. Indemnification. 11.1 Design Professional Services. In connection with its design professional services, the Consultant shall indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its design professional services under this Agreement. 11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1 and to the maximum extent permitted by law, the Consultant shall defend, indemnify, and hold the Indemnitees free and harmless with respect to any and all Claims, including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of this Agreement. Consultant shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Consultant shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. -7- 1123 1-0001 \2078429v 1.doc P622 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition. precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability insurance. (4) Professional Liability insurance in a form approved by the City, having, at City's option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injur), personal injury and property damage. Commercial General Liability Insurance with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. -8- 11231-0001\2078429v 1.doc P623 (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. (5) The insurance obligations under this Agreement shall be the greater of (i) the insurance coverages and limits carried by the Consultant; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additional insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant/ and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the name insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. -9- 11231-000112078429v1.doc P624 (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Consultant shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of Coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) general liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or -10- 11231-0001\2078429v1.doc P625 endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Consultant agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Consultant shall require its subcontractors to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the address set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: 11231-0001\2078429v 1.doc Brian Sternberg Rancho Cucamonga Public Library 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 -11- P626 If to Consultant: Maeryta Medrano, Principal Gyroscope, Inc. 283 Fourth Street, Suite 201 Oakland, CA 94607 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and the employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the -12- 11231-000112078429v 1.doc P627 prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Amendment. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: G roscope, Inc. City of Rancho Cucamonga By: b/73/2-1" By: Name Date Title Title Name Date By: By: Name Date Name Date Title Title (two signatures required if corporation) -13- 11231-000I\2078429v1.doc P628 EXHIBIT A SCOPE OF SERVICES See attached -14- 11231-000112078429v1.doc P629 v w E E; '; v+ c d A E E °• d a ..°`•d 'N O a l7 c C x w Q y v n E ' • 3 3 o zc a « 10 d •°oLL 'Sida . 3•_ '.cuE `Ow n;0d ✓ omrcuvo0v c > L 4 g d o r d c—A cz ▪ E • `° 3 L a; v _ d$ c •b 1= w v-0 d En rn 3 V1 4. r Ti O d W O1 ,0 5 5 « N N A • d < ^ v a •a O T. d m O g m a a Oc H a'6 m o Vto r O W LL O l7 = O Our proposal is contingent on the following assumptions: The scope is limited to the Paul A. Biane Library location only % a N C c c U E P; at d .0 v _ G 3,54 d � 2t V 0 a gE V Three (3) total one -day on-site meetings in Rancho Cucamonga J. Draft at 50% and 100% Concept Report in full color PDF format for presentations to stakeholders One GoToMeeting desktop sharing conference call per week TASK #3: Revised Business Plan Budget based on Concept Development of V N N c— o• E m " Y E . 1 ,_ N NE V 3 L_ ~ = e ° E ° `o ✓ c w '.0 o `m ° ° A o y • y O. C 4 O E c 0, N L 2 M t. s Z- . a d C N A O O L O d Tc E a r d A J C m r E o o E tlil E m N Gm .Ed o O `, • ya a°_ N «ad O rm AaL VW5E! T ,i 2 L « o. a O'_ a n1- VEN F 2 C '64-724g2 m '6:'.3J1 'dOt 1 0Oag0E E E ? av« ovugcv 41,.. -4-, • '° C >C 'd'an> d 5 i.DahvOc y d — < 0 ad U 0 w 0 g 3 .13 Written feedback from RCPL within 2 business days on progress Gyroscope's Professional Fees for TASK#1 v < N ` CU t 02 v m >• m l7 2 Role: Principal -in -charge 0 0 C i d 0 a7.42` 0. A2. c ) N 0 a � a -.4 E d H ¢ operating hours, experiences and ticket prices. Chuck Howarth, Senior Vice President Gyroscope's Professional Fees for TASK/13 Role: Business Planner GYROSCOPEINC P631 Y' TENT SCHEDULE o 0 0 0 0 o o 0 0 in cri a rn m — Retainer #1: Upon signing 0 U Y #2: June 5, 2017 — 33% Progress #3: July 5, 2017 — 66% Progress #4: August 5, 2017 41 • 41 41 N U1 > > >. EE co CO CO a a 0 0 In �i rn GYROSCOPEINC P632 RANCHO CUCAMONGA PUBLIC LIBRARY 04. Scope of Work & Fees DThe fly -through will be its own separate video file exported to MP4 file format E a 0 0 0 O V 0 N c .0 0 „ O V c_ a O 0 a 0 Q 2 C c c O E 0 0 Gyroscope's Professional Fees 0 .0 O > o0 .0 V N U c E A g a m rn ? a E a uT t C O` Y ` o o. a « s v s •O O C C A a s o' a s p u L A a E N C G V a N N a �? O N O C O L 6- C C O O 'C 0 L. e C O 0 V N O V N O C ; u C O C L L O ac `.11 C Oi a a N.§ O • M 8 C„ .. u 0 N E u n aJ v o 0 a a O c u c c 5 .oa 0 W '° w 0 .c g-8 0a Q ii c rn u 0 3 c d E v v N d m O 9 C O. 0 2 A rn d E o 2 a o V 0 0 •O „ N N ,E m > >'d.0 a m Q a E - c y r C :- O O X ., u= 4 o d E o” w uu Q d ,j1 L 'A L N „ V - g a 3 u o 0 0 rn ..J• w l7 L. a -01 7 0' ▪ a 7 0 n, 8 L T Communication and Mess photographers, videographers, edi 0 8 M Gyroscope's Professional Fees TASK curators, archivists, translation services and outside content experts. GYROSCOPEINC P633 EXHIBIT B SCHEDULE OF PERFORMANCE n/a -15- 11231-000I12078429v1.doc P634 P635 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Jerry A. Dyer, Principal Civil Engineer SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 002 RENEWING THE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $175,000 WITH VANDERHAWK CONSULTING, LLC. (CO 14-249), FOR THE CITY'S ASSET MANAGEMENT PROGRAM SUPPORT FOR FISCAL YEAR 2017/18 RECOMMENDATION: It is recommended that the City Council approve Amendment No. 002 renewing the Professional Services Agreement in the amount of $175,000 with VanderHawk Consulting, LLC. (CO 14-249), the "Consultant", for the City's Asset Management Program Support, and authorize the Director of Engineering Services/City Engineer to sign the amendment. BACKGROUND: The City's Engineering Department routinely maintains inventories of certain assets associated with the City's infrastructure. The constant maintenance of the City's pavement management system is probably the most critical of the inventories. The pavement continually deteriorates over time if it is not preserved on a regular basis, either through a slurry seal program, or the "capping" or reconstruction of the pavement. The management of the pavement inventory includes the constant monitoring of the pavement condition through a Program and Database known as "Paver" which projects the pavement quality over time. Depending upon the projected pavement condition, streets can then be earmarked for the City's maintenance program. The Consultant has provided the annual update and maintenance of the City's Asset Management Program for the past fiscal year and many years prior. and the City has found the Consultant responsive in meeting the City's needs at affordable rates. The Consultant also has the expertise for incorporating the Asset Inventory with the City's Geographic Information System. ANALYSIS: The Consultant is operating under an agreement approved by the City Council in November 2014 with an option to renew in 1 -year increments to a total of two additional years by Amendment after mutual agreement of both parties, with this being the second renewal year. The Consultant has indicated their willingness to continue providing services for Fiscal Year 2017/18 and Amendment No. 2 renews the agreement for an additional 1 -year extending the contract from July 1, 2017 to June 30, 2018. The fee for Fiscal Year 2017/18 in the amount of $175,000 covers the cost of the annual maintenance for the pavement asset management and for the scheduled citywide pavement re -inspection which occurs every 3 to 5 years. The re -inspection of approximately 509 miles of Page 1 of 2 CITY COUNCIL STAFF REPORT - AMENDMENT NO. 002 FOR CO 14-249 June 21, 2017 roads will be performed to collect actual surface conditions and physical characteristics of the pavement. FISCAL IMPACT: Adequate funds from the Gas Tax (Fund 174) and Measure I (Fund 177) Funds have been included in Account No.'s 1174303-5300 and 1177303-5300 in the proposed Fiscal Year 2017/18 Budget. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS Managing the City's pavement as efficiently as possible and keeping the pavement in good condition before it falls into disrepair enhances the City's Premier Community Status. ATTACHMENTS: Attachment 1 - Amendment No. 002 Page 2 of 2 P636 P637 AMENDMENT NO. 002 to Professional Services Agreement (CO #14-249) between VanderHawk Consulting LLC (hereinafter "Consultant") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 002 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 14-249, to incorporate the following: 1) Section 2, Term of Agreement, the agreement shall be renewed for an additional 1 -year extending the contract from July 1, 2017 to June 30, 2018, and this being the second renewal year. 2) Section 3, Compensation, Subsection 3.1, Compensation, City shall compensate Consultant as set forth in Exhibit A (attached), Scope of Services, Asset Management Program Support (FY 2017/18), provided, however, that full, total and complete amount payable to Consultant shall not exceed $175,000 (One hundred seventy-five thousand), including all out of pocket expenses, unless additional compensation is approved by the City Council by Amendment. All other Terms and Conditions of the original Agreement CO#14-249, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than June 1, 2017. The City will process both copies for signature and provide Consultant with one (1) fully executed copy of the Amendment. VanderHawk Consulting LLCCity of Rancho Cucamonga By: / • (P1 c (7_3f By: game Date Name Date 1-FreCt� Title Title By da/ 1,L By: Name Date Name Date ,(2 Title t Title (two signatures required if corporation) Last Revised: 09/2812012 Page 1 of 1 City of Rancho Cucamonga .Asset Management Program Support (FY 2017/18) EXHIBIT "A" Scope of Services 1. 0 CITYWIDE PAVEMENT CONDITION RE -INSPECTION 1.1 PAVER Field Inspection Once the pavement network to be surveyed has been verified, the inspection of approximately 509 miles of roads will be performed where all distress types will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with MicroPAVER (now referred to as PAVER) sampling guidelines while being flexible to current City practices. The survey will be performed by a team of experienced and trained technicians using an electronic system to collect field data. This electronic system will consist of collecting data with portable electronic devices and on-site street -level imagery, and then transferring data to our in-house workstations for quality control and PAVER database population. The first key step in surveying a specific pavement section is to record/verify its length, width, and area. Surveyors will then perform the necessary condition -distress survey. It is important to note that pavement segment dimensions/surface areas, along with the distress quantities, are accurate within tolerable limits. This is noteworthy due to the "implied" accuracy of reporting (length and width to the nearest foot and surface area and distress to the nearest square foot). Based on street conditions and/or traffic, our staff will measure specific or clistinct distress types by hand or by visual estimation. An example of the information that is collected during the survey for the pavement management database is listed below: Attribute Data Collected: • Name of street • From Street/To Street, indicating the assigned limits of the section • Segment codification, which will allow for assignment of special designations (i.e., truck routes and school zones), as well as maintenance districts • Street classification indicating function, such as local, arterial, or collector • Number of travel lanes • Segment quantities, indicating the length, width, and total area of the section • Pavement distresses by type of distress severity and area (e.g., alligator, block, transverse, edge cracking, raveling, bleeding). • Pavement Condition Index (PCI), computed from pavement distresses The specific types of pavement distresses to be collected will be reviewed and verified during discussions with City staff prior to the start of the survey. We Nvill collect data on the quantity and severity of distresses, such as longitudinal/transverse cracking, edge cracking, potholes, etc. Other types of distress data that might be of particular concern to the City, such as truck damage or County/City bus routes, will also be collected. 1 P638 VANDEKHAV K CONSULTING t City ofRancho Cucamonga Asset Management Program Support (FY 2017/18) VanderHawk Consulting staff will perform several quality control tests within the pavement management software using a sample set of Rancho Cucamonga street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are programmed correctly. Our staff will input all collected pavement data into the most current version of PAVER software and will enter any additional roadside data that has been defined for this project. Our staff and surveyors will be responsible for organizing the work to minimize traffic disruption on the City's street system. All work will be performed in accordance with OSHA standards and VanderHawk Consulting will inform City engineering and public safety staff when and where our teams will be working throughout the course of the project upon request. 1.2 Quality Control VanderHawk Consulting uses a statistical sampling approach for measuring the quality of our field technician's work. In this manner, I() percent of the inspected road surface area will be re -surveyed by a different crew member, supervised by a field supervisor, and then the results will be compared to the original surveys. The quality control process involves checking the two field crews' work in a "blind study" fashion whereby inspectors don't know the results of others' work until after the PCI is calculated and compared. Quality control checks are done early and often to ensure that all field personnel arc inspecting roads in a consistent manner that is compliant with PAVER standards. As the project progresses, the database will be updated on a daily basis and evaluated for missing data. As missing items are found, field personnel will be notified and the data, if available, will he collected. 1.3 Status Meetings Regular status meetings will be held during the project between VanderHawk Consulting and the City's management staff in an effort to report on the status of the project and discuss and other project concerns. This is typically done via monthly meetings depending upon the City's current workload. Any action items that arise from these meetings will be completed and data collection/entry will continue. A bi-weekly ernail report can also he used to keep City staff up-to-date on the project's progress. 1.4 Comprehensive Program Report Under this task we will perform multiple forecasted pavement management models, or scenarios, over different time frames. This is a time-consuming and data -intensive part of the pavement program update process as the City begins to strategize future projects based on newly -acquired data. Each budget scenario will include the individual pavement sections, the maintenance type, and overall cost in spreadsheet report format and GTS shapefile format (by year), and submitted to the City for review. 2 P639 VANDERHAV K CONSULTING City of Rancho Cucamonga Asset Management Program Support (FY 2017/18) Deliverable(s): A. Updated road PCI and maintenance strategy tables/decision trees. B. Budget forecast report summaries covering up to 4 different funding scenarios C. The above budget forecasts in GIS shapefile format (maintenance by year) 2.0 ANNUAL ASSET MANAGEMENT SUPPORT (PAVEMENT) The tasks below have been identified as being important to the short and long-term performance of the City's Asset Management Program — specifically regarding road pavement and sidewalk assets. These tasks were selected based on their level of importance, feasibility, and/or cost. Each individual task is described in more detail below. The duration of this contract will be for a period of one (1) fiscal year from the date of acceptance. Vanderl-Iawk Consulting will work with the City if they would like to have a more customized approach that is not covered under one of the tasks below. 2.1 PAVER — GIS SYNCHRONIZATION This task involves maintaining a constant synchronization between the pavement management program and the City's GIS. This task entails forming a one-to-one match for each section in PAVER and the GIS PAVER layer. When a new road is added to the City's system it will be added to PAVER and a corresponding record will be added to the GIS so that the two systems are in unison. Synchronizing PAVER and the GIS will enable the migration of relevant road information to the GTS. Road width, surface arca, condition, last treatment date, and future treatment dates are just a sample of the information that will be available in spatial or map format. And because it is now tied to the City's coordinate system, it can be integrated with other map data. 2.2 GIS SECTION POLYLINES This service entails creating polyline shapefile records within the GIS that represent the City's maintained road network. This service coincides with PAVER—GIS synchronization (Task 1) in that each road section in PAVER will have a corresponding record in the City's GIS. If the PAVER pavement management program (PMP) is the CEO, then the GIS should be considered Chief Advisor or Chief Information Officer. A well-maintained GIS can make an average PAVER PMP exceptional by opening up analysis tools and displays that weren't even thought possible before. The PAVER section polyline layer is one of the standard components of a well-maintained PAVER -GIS connection. It allows users to visually query and analyze road information that deals with rank (arterial, collector, etc.), PCI, ownership (City or County), or maintenance events (overlays, reconstructions, cape seals, etc.). Click a few buttons and you have a D sheet map ready to present to Council on your findings. 3 P640 VANUERHA@FK CONSULTING City of Rancho Cucamonga Asset Management Program Support (FY 2017/18) P641 2.3 PAVER SECTION UPDATES This is a standard service that needs to be performed on a regular basis in order for the pavement management program to function properly. Any changes to the City's maintained road network, as provided by the City, will be reflected in the PAVER database and the PAVER—GIS layer on a quarterly basis. The end deliverable will be a new PAVER layer in shapefile format delivered to the City each quarter that contains the following information: • PAVER ID • \X7idth • Branch name • Surface Area • From • Rank (arterial, collector, local, etc.) • To • Pavement Condition Index (PCI) • Length • Past and future maintenance events Metadata will be provided for this layer upon request to aid City staff in discerning the meanings of the various columns. 2.4 ENTER NEW ROADS INTO PAVER This task will involve putting all new roads, as well as existing City roads that are new into the PAVER program on a quarterly basis (Figure 1). This is a multi -step process that involves adding a new branch, section, and initial construction date for each section. Additional information such as work history, inspection ID, sample ID, and services such as data verification are included in other tasks should the City wish to have us perform them. L.r r FIGURE? 1: NEW rui,v)s (PURPLE) ,.NII 1n a INTO PAVER IN 2008 4 VANDER1-IAWK CONSULTING City of Rancho Cucamonga Asset Management Program Support (FY 2017/18) 2.5 WORK HISTORY UPDATES This service entails updating the PAVER and GIS databases xvith non -localized maintenance events that are performed by contractors, not City staff. Most reconstruction, overlay, and cape seal, and slurry seal projects fall *under this category. Updating PAVER and the GIS with this information is less involved because it occurs globally — over most or all of the respective pavement sections and the information can be found in one location (e.g., bid document). Work performed by City staff tends to be on a more localized level and is spread throughout the City. The documentation concerning City -performed work tends to reside in more than one location, which also makes the update process more time- consuming. 2.6 SAMPLE POINTS UPDATES VanderHawk Consulting, under this task, will continue to monitor the City's pavement inspection sample units. Sample unit locations are relatively static, for the most part. However, as road sections evolve and change, so do sample point locations. Such changes may be due to road extensions, widening as a condition of development, annexation to/from the City, etc. 2.7 GIS SAMPLE UPDATES Our GIS and Sample Point updating services entail adding, subtracting, moving, or modifying samples to reflect the most current road information available. Widening a road might require that a new sample be added to stay within 10% of the total surface area. Extending a road by 1,500' may mean splitting an existing section at a certain point, subtracting samples from part of the old section and moving them to the new one, as well as adding a couple new Random samples to the new section to get the inspected sample portion at 10% of the total surface area of the road section. This task covers the complex sample update procedure as well as corresponding updates to samples within the PAVER database. Creation and inspection of Additional samples, as defined by the PAVER program and extending beyond the 10% threshold can be performed for an additional fee. 30 4 44,1x. 71 720 563 44 0, c 1 385 / —uc F,,i fir' 4g19 `:'i—.'i 993 �p;;�j� •. --*------,904 ` .;' ��j 859 �.__ 1 80 ) 2'+ 587 ,A.. 2).3.5'‘,5.2 5 / \,t; 4730149...,__4i364_8 37s2 �: �•_ a'a97 L 4 3672,74....4:473O131:14,1 �I `1487 a 1283 a94t ¢4 1, y84 • 1Y7n !c 1 \c_ �: .\r. •p i'rz, 3862 2'47 • �,2.z�6 .—.917�7 r. 219 A9 `n Jill 43^4 `;;;,,/. t:. �•' 1564 `.1488 FIG ow 2: ItAN1au) CU1;,\toioN(7,1 PAVER SAMPt.1+. POINTS 5 P642 VANUERHAWK CONSULTING City of Rancho Cucamonga Asset Management Program Support (FY 2017/18) 2.8 ANNUAL EXECUTIVE SUMMARY REPORT r -: I.-i=-'=-.A-^.tr�.-y.:zr. 'S SSS -rE saT.iz..$_.r i��5�6]f tS.� - 1.-�T...� 13:'...i. .3'3t�1-' -r=- - - a 3 - _. CSG �� �2.� �i33R ..SS �Z2ii :. .,, �-� 4VOSSE92- . ILC1 rr �..-ti-3�li:i�_�.. (vim Jj 9t#3 _ t._ 7 M1'6JJ3TiZGil R25_Ja•- r:s�- r�iy .1_4471 .74 --� FI(:iuin 3: SAMPLE EXECUTIVE SL AN(\Rv RIr'oR r Vanderi Iawk Consulting will provide a concise, yet comprehensive Executive Summary Report on the status of the City's road network (Figure 3). This report is designed to give City staff, upper managers, the City Manager, and Council insight into the composition, condition, and costs of maintaining their road network. Composition — This section of the report lists information about the number of sections, length (in miles and lane miles) surface area, or quantity of pavement, and is broken down by pavement class, rank, as well as maintenance zone. This portion of the report will help answer questions such as, "What percentage of our road network is made up of local roads", or "How many lane miles of arterial/collector roads do we have?" Condition — This section covers the seven categories of condition, or. PCT, of City -owned roads and can be broken down by class, rank, and/or maintenance zone. This will help to answer questions such as how many/what percentage of our roads are in need of a reconstruction, overlay, or cape seal?" Costs — Having covered the Composition and Condition of the City's road network, this portion focuses on how much it will cost to (a) keep the roads at their current condition level, (b) increase the roads to a desired condition level, and (c) how well the road network will perform given the current maintenance budget. This report will also show how the unfunded maintenance costs look over time at various budget levels. Unfunded maintenance, or bacldog, is maintenance that is recommended to be performed on the road network but is not due to budgetary constraints. The report is finalized with a section that lists Conclusions, or findings of the study, as well as Recommendations for future action. 2.9 WORK HISTORY MAPS Work history information is typically provided in tabular format and usually shows the type of work, the road section it was done on and when it was performed. This service will involve inputting global maintenance events, as provided by the City, into the PAVER database and the PAVER -GIS shapefile so that work history can be seen spatially on a GIS map. This information can be easily displayed online or in some other graphical format that is easy to understand - especially when compared to hand -produced hard copy maps. This is the type of service that helps to answer resident inquiries to the City from residents \vho wonder when a particular road section will be worked on next. 6 P643 VANDERHA\Y K CONSULTING City of Ran.cho Cucamonga Asset Management Program Support (FY 2017/18) 2.10 ON-SITE MANAGER SUPPORT This service calls for on-call and scheduled on-site manager support visits where Mat fluff will aid City personnel in the performance of their pavement management program. Pre - construction review, post- construction inspections, field and software training, document review, as well troubleshooting PAVER are just a sample of the services that will be provided. Vanderl-Iawk Consulting LLC has nearly two decades of experience in managing PAVER systems for large and small agencies alike....and is considered one of the premier PAVER authorities in the United States. This service will entail 4 annual on-site visits, one visit per quarter, for up to 4 hours per visit. 2.11 CIP SUPPORT (REPORTS AND TRAINING) CIP support services go a step further than the budget forecast analysis services. The budget forecast analysis output produces a list of candidate road sections that should be given a certain maintenance application (overlay, cape seal, etc.) in any given year. This list is not set in stone and may change based on several factors such as scheduled utility work, last-minute budget changes, delays in the construction bid process, and variations in non -pavement work such as curb, gutter, and/or sidewalk replacement. Vanderf-fawk Consulting will work with the City to prepare their road CIP from start -to -finish and using PAVER as a guide. 2.12 GIS SYNCHRONIZATION Similar to the PAVER -GIS synchronization service (Cask 2.1), this task will focus on maintaining the one-to-one connection between PAVER and the master PAVER -GIS layer. A tabular report will also be provided that lists each PAVER individually. 2.13 OTHER DIRECT COSTS Other Direct Costs (ODC) are those costs associated with miscellaneous but necessary items encumbered throughout the course of performing the scope of work. ODC commonly refer to expenses related to vehicle gas and mileage, printing, reproduction, and/or equipment or materials procurement, among others. • Project Duration: Approximately 12-18 months • Project Fee: Not -to -exceed $175,000 7 P644 VANDERI-IAWK CONSULTING P645 DATE: TO: June 21, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Jerry A. Dyer, Principal Civil Engineer SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2016/2021 RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving the amended Local Measure "I" Five -Year Capital Improvement Plan covering Fiscal Years 2016/2021 as requested by the San Bernardino County Transportation Authority (SBCTA) to provide a public record of the intended use of Local Measure "I" Funds. BACKGROUND: Measure "I", the county -wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt a Five -Year Capital Improvement Plan which outlines the specific projects upon which those funds shall be expended. Also, each local jurisdiction is required to amend the program to adjust for changes as they become apparent. ANALYSIS: If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. Staff chooses to amend the program at the end of each fiscal year to capture any projects that may have been added, account for the estimated actual expenditures and adjust the plan as necessary for the upcoming budget year. Therefore, staff has prepared the amended Five -Year Capital Improvement Plan for consideration by the City Council for adoption and to be kept on file with the San Bernardino County Transportation Authority (SBCTA) for informational purposes. FISCAL IMPACT: The Five -Year list has been over -programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure "I" expenditures. In addition, no more than 50% of the estimated annual revenue went to categorical expenditures in the plan or general program categories. A general program category is a program of work without any identified streets/locations. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The Measure "I" Five -Year Capital Improvement Plan will enhance the City's position as the premier community in our region through construction of needed transportation improvements. ATTACHMENTS: Attachment 1 — Resolution No. 17-052 Page 1 of 1 P646 RESOLUTION NO. 17-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2016/2021 FOR THE EXPENDITURE OF MEASURE "I" FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five -Year Capital Improvement Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the City Council of the City of Rancho Cucamonga, State of California that the Amended Measure "I" Five -Year Capital Improvement Plan, attached to this resolution as Attachment A is hereby adopted. PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. Resolution No. 17-052 — Page 1 of 1 ATTACHMENT 1 Please do not change, alter or modify this template. Use plus signs along left side of worksheet to add rows rather than manually inserting rows to ensure formulas are carried through. MEASURE I LOCAL STREET PASS-THROUGH FUNDS FIVE YEAR CAPITAL IMPROVEMENT PLAN (AMENDED) FY2016/2017 to FY2020/2021 1 Rancho Cucamonga I FY2016/2017 FY2017/2018 I FY2018/2019 FY2019/2020 FY2020I2021 Total Available (Carryover plus mermaid $21,471,094.25 Total Local Street Measure 1 Programmed saaa888asa8s888a88:88a88 xi1"8$ 5; »8 g I00 0000019 0O'000.09BS sa3s8888888888888888 �mP. Named Proses Totall $ 24.140.050.00 1 1 I s 1.731,060.00 15 4,433.800.00S - I S 2,449,000.0 $ - 15 4,100,000.00 I s - 15 2,125,000.00 15 - 15 2,500,00000 1 $17,338,860.001 : 28g :„_sl g g8.Q84848Q8 Ei 25 88 MnNNN NM. 8`4,28i t 888881 88'"851 88888 88428 888'8'81 2 25'"891 8I8.I8I M. O $$ ' § = a _ I ,I __1 ' 8 88 r4 N uW 8 8 8 I U I II , 1 I I III • $3,237,693.21 g g”' U I I 1 $3,128,206.00 Current Estmale 1 52,449,000.00 81% 1 $3,029,739.47 m € E 1 I II 1 1 $2,941,494.63 117" owl I 12,570 . E, .n EE, In 1n I II< - Iw hE 1, - .. 1_ 11 K - 8 11 88888818888888888888 §§§Ri n8gS88§ §§§R§§§1§§§§§ N, §§§mgPm§P2888p 5 850100000 _5 900,000.00 523,40000_ 88888888 §§1§§§§§ 5 738.00000 5 48272000 Sig § eEl F o CARRYOVER BALANCE:1 $5,766,760.00 1Named Projects: 411151 horn Archibald to Haven - Pavement Rehabitation 90 St from Grove to Hellman - Pavement Rehabktabon Archibald Ave from 41h St to Foothill - Pavement Rehabitation ArcmbaldAve from Hillside toNorth Ciry Llme- Pavement Rehabitation _ Banyan Si from Haven to Rochester - Pavement Rehabiktaton Banyan 51 iron Rochester to Etiwanda - Pavement Rellabktaton Base Line Rd from Marken to West of Day Creek Blvd - Pavement Rehabkaton Carnelian 51 from Footfall to Base Line - Pavement Rehabilaton Carnelian 51 from Lemon Io Wilson - Pavement Rehabklalon _ Church 51 from Pepper to Herman • Pavement Rehabeabon Cucamonga Stoma Drain from east of Hellman to Amethyst to 19th St • SD and Rehab4taoon Etiwanda Ave from Foothill to Base Line - Pavement Rehabilitation Etiwanda Ave from Rte 21010 Wilson • Pavement Rehabi*datan Foothill Blvd from Archibald o Haven - Pavement Rehabitation [Footled Blvd from Haven to MRken -Pavement Rehabitation Footled Blvd from 1.15 Freeway to East • Pavement Rehabitaton Foo0id Blvd from MMiken MI -15 - Pavement Rehabitation Footlil Blvd from Vineyard m Archibald • Pavement Rehabilitation e ¢ as ¢N 9m Js A-8 m JJ Haven Ave horn Wilson to North City Limit • Pavement Rehabitation Haven from Rae 210 to Watson • Pavement Rehabilitation Hellman Ave from San Bernardino Rd to Base Line • Pavement Rehabitation Hermosa Ave from Arrow o Foothill -Pavement Rehabitation 92 ¢ F > mm 99 fi arc R Kesler Ave from 6th 5110 Arrow Route • Pavement Rehabitation Rochester Ave from Base Line to Banyan • Pavement Rehabilabo, Rochester Ave from Foothill to Base Line - Pavement Rehableation Spruce from Footled to Base Line - Pavement Rehabitation Vactona from Etiwanda 10 East Cary Limit - Pavement Rehabilitation AOA Corecuye Measures - City Woe Concrete Contract Services • Maintenance Cary Woe Pavement Mana9emeM • Evaluate Pavement Condom) Cey-Woe. Signal Contract Services - Maintenance Coy Wide S1rqong Contract Semites - Maintenance c y Wide .--_.. . • atwuld Protects_Taal_ L%I CMegokvl arm* ran er,yeee4 SOV. PLAN PERIOD: AGENCY NAME: Protect Count. 31 LCatvorical_Projacts Tota 88888 9 I§ 1.1 11.4 P647 u 1 8 8 9 3 1 1 4 V ATTACHMENT A llire'lh *. y v.. .. i ' 'i9 4_,.- P648 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City EngineerC Natalie Avila, Associate Engineer SUBJECT: CONSIDERATION TO AWARD A CONTRACT WITH ALFARO COMMUNICATION CONSTRUCTION INC. IN THE AMOUNT OF $2,327,205 PLUS 10% CONTINGENCY AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $841,426 FROM THE TRANSPORTATION FUND FOR THE FISCAL YEAR 2016/17 INSTALLATION OF FOUR (4) TRAFFIC SIGNALS AT VARIOUS LOCATIONS PROJECT RECOMMENDATION: It is recommended that the City Council: 1. Approve the plans and specifications for the Fiscal Year 2016/17 Installation of Four (4) Traffic Signals at Various Locations Project (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of the contract in the amount of $2,327,205, to the lowest responsive bidder, Alfaro Communication Construction Incorporated; 4. Authorize the expenditure of a 10% contingency in the amount of $232,721; and 5. Authorize the appropriation of additional funds in the amount of $841,426 from the Transportation Fund. BACKGROUND: The Project includes construction of traffic signals at four locations within the City including the intersections of East Avenue and Miller Avenue, Rochester Avenue and Jersey Avenue, Rochester Avenue and Sixth Street, and Milliken Avenue and Fifth Street. The project sites were previously determined to warrant a traffic signal to mitigate traffic impacts of new development and redevelopment in the City based on the Nexus Improvement Program and are currently listed in the Development Impact Fee program. A fifth intersection, at Archibald Avenue and Victoria Street, initially intended to be a part of the project was sub -sequentially removed when an adjacent development, for Tract 17444, was determined by staff to require more time to bring the parcel into compliance with Conditions of Approval. Upon further analysis, a traffic signal at this location may not be recommended until the development's access and public street improvements are constructed due to potential impacts to traffic flow at or near the intersection. Funds intended for this intersection will be re -budgeted when the development has reconciled their design concerns. By eliminating this project at this time, $550,900 will be returned to the Transportation Fund and made available for re -appropriation to the current project. Page 1 of 2 CITY COUNCIL STAFF REPORT — AWARD OF CONTRACT BID June 21, 2017 ANALYSIS: The City Clerk's Office facilitated the solicitation, receipt and opening of bids on June 13, 2017 for the subject project. The Engineer's estimate for the base bid was $2,100,000. Additive and deductive bid items were estimated at $15,000 and $20,000 respectively. The Engineering staff has reviewed all bids received and found five of the six to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. The first apparent low bidder, Elecnor Belco Electric, Incorporated was determined to have an unbalanced bid proposal and disqualified for consideration to award. Staff has completed the required background investigation and finds the lowest responsive bidder, Alfaro Communication Construction Incorporated meets the requirements of the bid documents. The scope of work consists of the construction of new traffic signals and safety lighting at the four locations which shall include the installation of video detection cameras, conduit, conductors interconnect conduit with fiber cables and pull boxes, modifying existing medians, construction of curb ramps, and installation of signing and striping. The contract documents call for 120 working days to complete this construction. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Construction Contract (Base Bid) $2,379,205 Construction Contract (Additive Bid) $ 28,000 Construction Contract (Deductive Bid) ($ 80,000) Construction Contract Contingency (10%) $ 232,721 Estimated Construction Costs $2,559,926 Funds totaling $1,718,500 from the Transportation Fund (Fund 124) are available in Account No's. 11243035650/1888124-0, 11243035650/1939124-0, 11243035650/1940124-0, and 11243035650/1941124-0 for Fiscal Year 2016/17. Additional funds from the Transportation Fund (Fund 124) will need to be appropriated to the following project accounts in order to cover the anticipated construction costs: Account No. 11243035650/1888124-0 $ 93,106 Account No. 11243035650/1939124-0 $435,465 Account No. 11243035650/1940124-0 $168,555 Account No. 11243035650/1941124-0 $144,300 Total Requested Appropriation $841,426 Due to the fact that the fifth intersection project will not occur, staff is requesting the reduction of that project's budget in the amount of $550,900 (Account No. 11243035650/1510124-0). Therefore, the net impact to the Transportation Fund will be $290,526. COUNCIL GOAL(S) ADDRESSED: PUBLIC SAFETY AND ENHANCING PREMIER COMMUNITY STATUS This item addresses City Council Goal of public safety by enhancing equipment to signalize intersections for locations that have experienced community growth. The item also addresses the City Council Goal of enhancing premier community status by increasing the active investment in improving traffic management operations throughout the City. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2 of 2 P649 P650 r• w cr 1 VICINITY MAP HILLSI E D LEMO BAN'AN ST E J w N ME] EMI DAJ •=3115;iii T 30,• IFOOTHILL 4RRON SAN BERNARDINO FD>I 0 '1 CHURC LVD z a Q RTE VICTO H ST ■ z 210 z w TERR� il N ARR • W L 24TH ST SUMM T AV ® VICTORIA PARK BASE LI q RD w MI 'n _111111,411 or METROLIN .�_� ocnoa 11 II "�� HST 4TH ST PROJECT SITE LEGEND Q NEW TRAFFIC SIGNAL LOCATION Immo PROPOSED FIBEROPTIC LINE ILLER AVE NEW TRAFFIC SIGNAL LOCATIONS LOCATION NO. INTERSECTION LOCATION THOMAS BROTHER'S GUIDE MAP REF. 1 EAST AVENUE AT MILLER AVENUE 603 101 2 SIXTH STREET AT ROCHESTER AVENUE 603 E04 ,3 MILL/KEN AVENUE AT FIFTH STREET 603 005 4 ROCHESTER AVENUE AT JERSEY BOULEVARD 603 D03 THRU FOJ ROJECT SITE #1 ROJECT SITE #4 ROJECT SITE #2 41 ♦1,�1 ewe t4. CITY OF RANCHO CUCAMONGA t FY2016/17 INSTALLATION OF FOUR (4) TRAFFIC SIGNALS AT VARIOUS LOCATIONS g N.T.S. J ATTACHMENT 1 P651 STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineers Romeo M. David, Associate Engineer/Project Manager SUBJECT: CONSIDERATION TO AWARD A CONTRACT WITH ALL AMERICAN ASPHALT IN AN AMOUNT OF $188,000 PLUS 10% CONTINGENCY FOR THE FISCAL YEAR 2016/17 LOCAL STREET PAVEMENT REHABILITATION OVERLAY OF VARIOUS STREETS PROJECT RECOMMENDATION: It is recommended that the City Council: 1. Approved the plans and specifications for the Fiscal Year 2016/17 Local Street Pavement Rehabilitation Over of Various Streets Project (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract for the Project's base bid to All American Asphalt in the amount of $188,000; and 4. Authorize the expenditure of a 10% contingency in the amount of $18,800; BACKGROUND: The roadway pavement for various streets in the neighborhood shown as Map -1 on Attachment 1 has deteriorated to the point requiring asphalt concrete resurfacing in order to extend the life of the pavement and improve rideability. This project has been included in the Five -Year Capital Improvement Program for Fiscal Year 2016/17. ANALYSIS: Bids were solicited, received and opened on May 23, 2017, for the subject project. The Engineer's estimate for the bid was $198,675. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of cold milling the existing pavement, routing and crack sealing, asphalt concrete overlay, adjusting existing manholes and valves to new grade, construction of concrete handicap ramps, installation of pavement markers and striping. The contract documents call for twenty (20) working days to complete this construction. Page 1 of 2 CITY COUNCIL STAFF REPORT — FY2016-2017 LOCAL STREET PAVEMENT OVERLAY June 21, 2017 FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Construction Contract Construction Contract Contingency (10%) Estimated Construction Costs $ 188,000 $ 18,800 $ 206,000 P652 Adequate funds from the Gas Tax Fund (Fund 174) have been budgeted for Fiscal Year 2016/17 in Account No. 11743035650/1022174-0 for this project. COUNCIL GOAL ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS This project will restore the existing road surface to a substantially new condition, extending the pavement life, use and ridability, thus enhancing the City's position as the premier community in our region. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2 of 2 -- -- P653 nunir.■.- -- k;r 1111111111111111 1 //111111 ' F MOO MEN :: MEN MM MOO -MOE - 11111111■ • fro --___.. •- :III -- 111 1111 - U111111 ■■1►�� N11- -- -- - - ■ . ■ . -- 111111■111111111■1 Ihhhhhi ■ 00 00 1110 • _P INDi 111111111111111111 mummommurls ti % MIN is 1■■1 Cgrl .I• • •114..li4. .-•. 5 7�/I1111111 Emu.► MOGI _. 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WI - .- VICINITY MAP CITY OF RANCHO CUCAMONGA FY 2016-2017 PAVEMENT REHABILITATION OVERLAY s NOT TO SCALE ATTACHMENT 1 P654 STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer[ Romeo M. David, Associate Engineer/Project Manager SUBJECT: CONSIDERATION TO AWARD A CONTRACT WITH ROY ALLAN SLURRY SEAL INC. IN AN AMOUNT OF $432,153 PLUS 10% CONTINGENCY FOR THE FISCAL YEAR 2016/17 LOCAL STREET PAVEMENT REHABILITATION SLURRY SEAL OF VARIOUS STREETS PROJECT RECOMMENDATION: It is recommended that the City Council: 1. Approved the plans and specifications for the Fiscal Year 2016/17 Local Street Pavement Rehabilitation Slurry Seal of Various Streets Project (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract for the base bid for the Project to Roy Allan Slurry Seal Inc. in the amount of $432,153: and 4. Authorize the expenditure of a 10% contingency in the amount of $43,215; BACKGROUND: The roadway pavement for various streets in the neighborhoods shown as Map -1, Map -2, and Map -3 on Attachment 1 has minor cracking and moderate distressed surface course to the point requiring Slurry Seal resurfacing in order to restore lost flexibility to the pavement surface and extend the life of the pavement and improve rideability. This project has been included in the Five -Year Capital Improvement Program for Fiscal Year 2016/17. ANALYSIS: Bids were solicited, received and opened on May 23, 2017. for the subject project. The Engineer's estimate for the bid was $491,670. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of weed kill, routing and crack sealing, application of slurry seal, protecting existing manholes and valves, restriping and installation of pavement markings. The contract documents call for sixty (60) working days to complete this construction. Page 1 of 2 CITY COUNCIL STAFF REPORT — FY2016-2017 LOCAL STREET SLURRY SEAL June 21, 2017 FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Construction Contract Construction Contract Contingency (10%) Estimated Construction Costs $ 432,153 $ 43,215 $ 475,368 P655 Adequate funds from the Gas Tax Fund (Fund 174) have been budgeted for Fiscal Year 2016/17 in Account No. 11743035650/1022174-0 for this project. COUNCIL GOAL ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The project will extend the life of the pavement and improve ridabiltiy, thus enhancing the City's position as the premier community in our region. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2 of 2 P656 VICINITY MAP CITY OF RANCHO CUCAMONGA FY 2016-2017 PAVEMENT REHABILITATION SLURRY s ATTACHMENT 1 NOT TO SCALE P657 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer c--->.> Romeo M. David, Associate Engineer/Project Manager SUBJECT: CONSIDERATION TO AWARD A CONTRACT WITH ALL AMERICAN ASPHALT IN AN AMOUNT OF $1,120,000 PLUS 10% CONTINGENCY FOR THE SAN BERNARDINO ROAD, CHURCH STREET, HELLMAN AVENUE AND 9TH STREET PAVEMENT REHABILITATION PROJECTS RECOMMENDATION: It is recommended that the City Council: 1. Approved the plans and specifications for the San Bernardino Road, Church Street, Hellman Avenue, and 9th Street Pavement Rehabilitation Projects (Projects); 2. Accept the bids received for the Projects; 3. Award and authorize the execution of a contract for the Projects' base bid to All American Asphalt in the amount of $1,120,000; and 4. Authorize the expenditure of a 10% contingency in the amount of $112,000; BACKGROUND: The proposed contract includes pavement rehabilitation of the following five streets (ADT: Average Daily Traffic): • San Bernardino Road from Grove Avenue to Foothill Boulevard • San Bernardino Road from Vineyard Avenue to Archibald Avenue (ADT: 5,000) • Hellman Avenue from San Bernardino Road to Base Line Road (ADT: 8,000) • Church Street from Pepper Street to Hellman Avenue (ADT: 3,000) • 9th Street from Grove Avenue to Hellman Avenue (ADT: 4,300) The roadway pavement for these five streets has deteriorated to the point requiring resurfacing in order to extend the life of the pavement and improve rideability. This project has been included in the Five -Year Capital Improvement Program for Fiscal Year 2016/17. ANALYSIS: Bids were solicited, received and opened on May 23, 2017 for the subject projects. The Engineer's estimate for the bid was $1,340,000.00. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. Page 1 of 2 CITY COUNCIL STAFF REPORT — ALL AMERICAN PAVEMENT AWARD June 21, 2017 P658 The scope of work consists of constructing concrete handicap ramps, cold milling the existing pavement, routing and crack sealing, grinding and patching asphalt concrete, Asphalt Rubber Hot Mix overlay, adjusting existing manholes and valves to new grade, video detection zone adjustment, and installation of pavement markers and striping. The contract documents call for sixty (60) working days to complete this construction. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Construction Contract Construction Contract Contingency (10%) Estimated Construction Costs $ 1,120, 000 $ 112,000 $ 1,232, 000 Adequate funds from the Measure I (Fund 177), Gas Tax (Fund 174), and Fire Protection Capital (Fund 288) Funds have been budgeted for Fiscal Year 2016/17 in Account No.'s 11773035650/1904177-0, 11773035650/1906177-0, 11773035650/1905177-0, 11743035650/1877174-0, 11743035650/1903174-0 and 32883035650/1877288-0 for these projects. COUNCIL GOAL ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS This project will restore the existing road surface to a substantially new condition, extending pavement life, use and ridability, thus enhancing the City's position as the premier community in our region. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2 of 2 P659 _..„.„.<1,..‘161 z(�., w*OW CITY OF RANCHO CUCAMONGA STREET PAVEMENT REHABILITATION �� FOR SAN BERNARDINO RD, HELLMAN AVE, ��tp • . CHURCH ST AND 9TH ST N.T.S. J ATTACHMENT 1 P660 STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer C?20.,, Romeo M. David, Associate Engineer/Project Manager SUBJECT: CONSIDERATION TO AUTHORIZE RELEASE OF MAINTENANCE GUARANTEE BOND NO. 08712145 IN THE AMOUNT OF $35,728 FOR THE RED HILL LAKE MODERNIZATION PROJECT, CONTRACT NO.15-248 RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 08712145 in the amount of $35,728 for the Red Hill Lake Modernization Project, Contract No. 15-248. BACKGROUND: Contract No. 15-248 with Vido Samarzich, Inc. consisted of renovating and upgrading the operation of the 1.0 acre lake at the Red Hill Community Park, pursuant to plans produced by Pacific Advanced Civil Engineering (PACE). The work consisted of modifying the existing irrigation and wiring, installation of a new mainline piping, isolation valves, new controller and cabinet, lake inlet and outlet modifications, new pumps and controller, solar panels, aeration system, and other miscellaneous items. ANALYSIS: The improvements were accepted by the City Council on June 15, 2016. The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. FISCAL IMPACT: None. COUNCIL GOAL ADDRESSED: None. ATTACHMENTS: Attachment 1 — Vicinity Map Page 1 of 1 P661 a Ir ‘4. _I��iJL.JI t U -J BANYAN ST. m LEMON AVE HIGHLAND AVE. .I PROJECT LOCATION MONTE 19th ST. VISTA ST. BASELINE AVE t- LacoLa 2 W HIGHLAND AVE NI III NM_ Z 0 J NONTE VISTA UPLAND �II /Q ...4411111 / MAYBERRY AVE. J LEMON' AVE 3 BAS LINE ROAD PKWY 1 ail :VON S' I, 6th FERRON MAIN STREET ?MN 24114 U FOOTHILL BLVD. ®HALL CMC aC rCENTER \1 DR C Bth TRE,ET 7th STREET 1 UCAMONGA 111P C GAUSTI PARK CITY OF RANCHO CUCAMONGA RED HILL PARK LAKE MODERNIZATION N.T.S. ATTACHM P662 CITY OF RANCHO CUCAMONGA DATE: TO: June 21, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services Department/City Engineer' Ed Diaz, Assistant Engineer SUBJECT: CONSIDERATION TO ACCEPT PUBLIC IMPROVEMENTS ON MADRONE AVENUE SOUTH OF ARROW ROUTE FOR TRACT 18976 AS COMPLETE, FILE THE NOTICE OF COMPLETION AND AUTHORIZE RELEASE OF RETENTION AND BONDS RECOMMENDATION: It is recommended that the City Council: 1. Approve and accept the public improvements required for the development of Tract 18976 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release Faithful Performance Bond #0648696 and accept Maintenance Bond #0648696-1 for the associated public improvements; and 3. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: Tract 18976 was approved by the Planning Commission on January 28, 2015, for the construction of 31 detached residential condominiums on 3.2 acres on the east side of Madrone Avenue between Arrow Route and 9th Street. This approval included conditions to construct certain public improvements including street, landscape, and storm drain improvements. Developer: Madrone & Arrow, LLC 510 West Citrus Edge Street, Glendora, CA 91740 Release: Faithful Performance Bond #0648696 (Bond No.) Accept: Maintenance Bond #0648696-1 (Bond No.) $59,600 $ 5,960 ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. The public improvements will be re -inspected in approximately nine months to ensure they remain in good order prior to release of the maintenance bond. FISCAL IMPACT: Not applicable. Page 1 of 2 CITY COUNCIL STAFF REPORT — TRACT 18976 June 21, 2017 COUNCIL GOAL(S) ADDRESSED: (if applicable) Not applicable. ATTACHMENTS: Attachment 1 — Vicinity Map Attachment 2 — Notice of Completion Page 2 of 2 P663 VICINITY MAP TR 18976 f , cr. 1 - , _ _ ...- Ili! 'Et • 1.DMOI'' 1 -E,- t=;) i•--,-- t ..,1 Pr 1 Ip: 0, 1 L,p 1 •Ii, --.--)r_ki_:-_:.•,)-;-.•_!•.. ' .,•,;v',:,.. .3,-4 • -a- u,.- ._ IULI L111L_iL_ R -• - ------- •••• • _ -- ARROW ._,_ /---) ' 1 -1. 1 , 41171(1171.67-1-1 1 t ! _:i -.. t I i • 1 . 1 1 ' 1,1: 1 I fi WIN tI 1 — -- i 1 1 l<1-1 cc , v:-- I I Dau --Ju llt g• : r--• --I "ry I 1 L_ _ L...1_ 1 ._,,,.....-..- -.,....... + W tti OLU'ph, i _j Dk1*flO3J 1 /...."" 4 VICINITY MAP 1"=500' P664 ATTACHMENT 1 P665 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer -4:2).D Jerry A. Dyer, Principal Civil Engineer SUBJECT: CONSIDERATION TO AWARD A CONTRACT WITH KDC, INC, DBA DYNALECTRIC IN AN AMOUNT OF $292,324 PLUS 10% CONTINGENCY AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $126,585 FROM THE COMPUTER EQUIPMENT REPLACEMENT FUND FOR THE ARROW ROUTE STREET LIGHTS AND FIBER OPTIC CONDUIT PROJECT RECOMMENDATION: It is recommended that the City Council: 1. Approve the plans and specifications for the Arrow Route Street Lights and Fiber Optic Conduit Project (Project); 2. Accept all bids received for the Project except the bids received from Alfaro Communications Construction and Inter -Pacific; 3. Reject the bids received from Alfaro Communications Construction and Inter -Pacific as non- responsive; 4. Award and authorize the execution of the contract to the lowest responsive bidder, KDC Inc., dba Dynalectric, in the amount of $292,324; 5. Authorize the expenditure of a 10% contingency in the amount of $29,232; and 6. Authorize the appropriation of funds in the amount of $126,585 from the Computer Equipment Replacement Fund. BACKGROUND: The City is working with Southern California Edison and associated utility companies to underground the overhead utilities along the north side of Arrow Route from Bear Gulch Park to West of Archibald Avenue. The City expects that work to occur in late 2017 and finish by early 2018. As part of the underground work the existing street lights (11 each) currently on the wood poles will be removed. This project will install 11 new LED street lights on concrete poles at approximately the same location of the existing lights and will be energized once the underground work is completed. This project has been included in the Five -Year Capital Improvement Program for Fiscal Year 2016/17. ANALYSIS: Bids were solicited, received, and opened on June 6, 2017, for the subject project. The Engineer's estimate for the bid was $185,000. Even though the bid is higher than the Engineer's estimate it is consistent with the other bids received. Therefore staff believes the bids to be reasonable. Staff has reviewed all bids received and found all the responsive bids to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. The bid received from Alfaro Communications Construction Page 1 of 2 CITY COUNCIL STAFF REPORT — STREET LIGHTS AND FIBER OPTIC CONDUIT PROJECT June 21, 2017 P666 did not include Addendum No. 1 and the Inter -Pacific bid included additions to the bid schedule and didn't include Addendum No.1, therefore both were determined to be non-responsive. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of trenching, installation of fiber and electrical conduits, pull boxes, meter pedestals, street lights with foundations, and conductors and electrical equipment, and trench re -surfacing. The contract documents call for forty (40) working days to complete the work. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Construction Contract Construction Contract Contingency (10%) Estimated Construction Costs $ 292,324 $ 29,232 $ 321,556 Adequate funds to construct the street lighting systems from the Underground Utility Fund have been budgeted for Fiscal Year 2016/17 in Account No. 112393035650/1777129-0 for this project. While the primary goal of this project is the installation of street lights in anticipation of the planned utility undergrounding, in an effort to expand the City's network of fiber optic conduit in a cost-efficient manner and consistent with the recently completed broadband master plan, staff added the installation of fiber optic conduit alongside the street light conduit. In order to fund the installation of the fiber optic, additional funds in the amount of $126,585 will need to be appropriated from the Computer Equipment Replacement Fund (Fund 714) to Account No. 17140015650/1777714-0. It is anticipated that these funds will be reimbursed from the Fiber Broadband Fund proposed in the Fiscal Year 2017/18 Budget at a future date. COUNCIL GOAL ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The underground utility project will result in the complete removal of the overhead utility lines and wood power poles thus improving the appearance along this stretch of Arrow Route. In addition, the fiber conduit installation meets the City's master plan of the fiber network. Both address the City Council Goal of enhancing the City's position as the premier community in our region. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2 of 2 P667 ALMOND ST HILLSIDE R0. BANYAN ST. i 4 LEMON AVE. HIGHLAND AVE. � a UPLAND N.T.S. rr MONTE ALMOND ST Mil WILSON AVE. LEMONI AVE HIGHLAND AVE VICTORIA 191h ST. VISTA T. MONTE VISTA BASEUNE AVE iti FARMONT S P a HILL \ SAN BERNARDI RD vto IMErl la rir 8th STREET PROJECT SITE 61h FOOTHILL BLVD. II ROUTE STREET IS no. HM JERSEY BLVD. z 8111 O 71h STREET PAR GAUSTI WUSR PARK 7 4111 r A T & S F STREET 1-10 FREEWAY 1 15 ONTA CITY OF RANCHO CUCAMONGA ARROW ROUTE STREET LIGHTS ANI) FIBER OPTIC CONDIT PROJECT N.T.S. ATTACHMENT 1 J P668 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer c) Jerry A. Dyer, Principal Civil Engineer SUBJECT: CONSIDERATION TO AWARD A CONTRACT WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. IN THE AMOUNT OF $104,998 PLUS A 6% CONTINGENCY FOR THE PACIFIC ELECTRIC TRAIL AT VICTORIA PARK LANE TUNNEL CROSSING PROTECTIVE FENCING PROJECT RECOMMENDATION: It is recommended that the City Council: 1. Approve the plans and specifications for the Pacific Electric Trail at Victoria Park Lane Tunnel Crossing Protective Fencing Project; 2. Reject the one bid received on May 16, 2017 as non-responsive; 3. Award and authorize the execution of a contract with Horizons Construction Company International, Inc. in the amount of $104,998 for the base bid for the south side fence; and 4. Authorize the expenditure of a 6% contingency in the amount of $6,300. BACKGROUND: The current chain link fence along the south side of the Pacific Electric Trail crossing over the Victoria Park Lane (VPL) tunnel is dilapidated from constant vandalism of people wanting to access the trail from VPL or access VPL from the trail. This access requires walking up or down the existing slope next to the tunnel or walking over by the edge of the tunnel which pose a safety concern. While the fence along the north side is of the same age, it is currently intact and access from the north has not been an issue. The fence proposed is solid steel with a mow curb underneath to prevent both digging under and erosion. This project has been included in the Five -Year Capital Improvement Program for Fiscal Year 2016/17. ANALYSIS: Formal bids were solicited, received and opened on May 16, 2017 for the subject project. The bid included a base bid for the south side fence and additive bid for the north side fence. One bid was received and found to be non-responsive as the Bidder Agreement was not signed, therefore no valid bids were received. Pursuant to the California Public Contract Code, Chapter 1, Article 4, Cities, Section 20160 — 20174, when no bids are received, the legislative body may have the project done without further formally bidding the project. In light of this, the City reached out to fencing contractors seeking quotes to perform the work and the quote received from Horizons Construction Company in the amount of $104,998 to construct the south side fence was the most reasonable. The amount for the south side fence, although higher than the Engineer's estimate is within the project's budget. Staff has completed the required background investigation of the proposed Contractor and finds them qualified to perform the work as shown on the plans and specifications. Page 1 of 2 CITY COUNCIL STAFF REPORT — PACIFIC ELECTRIC TRAIL TUNNEL PROTECTIVE FENCING P669 June 21, 2017 In general, the scope of work consists of clearing and grubbing, grading, removal of the existing PVC and chain Zink fencing, construction of a variable height mow curb, drainage openings and solid steel fence, and adjusting of existing landscape irrigation. The contract documents call for thirty-five (35) working days to complete the work. FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Construction Contract Construction Contract Contingency (6%) Estimated Construction Costs $ 104,998 $ 6,300 $ 111,298 Adequate funds from LMD 2 have been budgeted for Fiscal Year 2016/17 in Account No. 11313035650/1972131-0 for this project. COUNCIL GOAL ADDRESSED: None. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2 of 2 P670 J ALMOND ST N.4NNE1 C.. J `t CS"ttL ;"�'( F" F 1II 7. WILSON AVE. WILSON AV �~"^ <> BANYAN ST YOUNGS GN ..4:, A ✓ —�-- _^ c) LEMON AVE O (V) HIGHLAND AVE —I—I�-I,7 210 i 1 moi// HIGHLAND AVE. FISH R DR _ `Ir. �I=1 19th ST. w IP. tfq'AQp 11:7- W P 72:_ ( Gi C� VICTORIA ST. f: TSTA FAIRMONT� SPRR � R� - -� - FONTA N. PKWY'+ §rce,..,60 F ir! , 3 KR u FOOrHLL xw. al � 'II i PROJECT -'� ROUTE 15 SITE '© JERSEY BLVD.11111. FERRONR WNTRW AVE 1MNN 61huSTRE,ET /I 2= �� CENTER AVE Z , 7th i STREET 11 " a 6th STREET i 111 111 41h I STREET /'•1rn5 cucA MONCA cAusn PARR ® 1-10 FREEWAY II N.T.ti. ONTARIO 111 CITY OF RANCHO CUCAMONGA I-'ACIFIC ELECTRIC TRAIL AT VICTORIA PARK LANE TUNNEL CROSSING PROTECTIVE FENCING PROJECT N.T.S. ATTACHMENT 1 J P671 STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer r -' • Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 006 AUTHORIZING THE RENEWAL OF A PROFESSIONAL SERVICES AGREEMENT (CO#12-077) WITH BUTSKO UTILITY DESIGN, INC. FOR TECHNICAL ELECTRICAL ENGINEERING SUPPORT FOR FISCAL YEAR 2017/18 RECOMMENDATION: It is recommended that the City Council approve Amendment No. 006 authorizing the renewal of a Professional Services Agreement (CO#12-077) with Butsko Utility Design, Inc. for technical electrical engineering support within the Rancho Cucamonga Municipal Utility (RCMU) service area for Fiscal Year 2017/18. BACKGROUND: In 2012, the City of Rancho Cucamonga and Butsko Utility Design, Inc. entered into a Professional Services Agreement (CO#12-077) to provide electrical engineering, design support, inspection and project management services for the Rancho Cucamonga Municipal Utility. ANALYSIS: As RCMU continues to expand, electrical engineering services and project management is a necessary component to accommodate new development, line extension opportunities, tenant improvements and an increase in more complex projects. As the designer of the distribution system, Butsko Utility Design Inc. is uniquely qualified to provide these services. The rates have not increased over the past five years but will have a one-time increase of approximately 3% for the remainder two years of the contract. FISCAL IMPACT: Funds from the Rancho Cucamonga Utility Fund (Fund 705) in the amount of $175,000 are included in Account 1705303-5309 of the proposed Fiscal Year 2017/18 Budget. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: None. Page 1 of 1 P672 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 004 AUTHORIZING THE RENEWAL OF A PROFESSIONAL SERVICES AGREEMENT (CO#13-196) WITH INDUSTRIAL ELECTRIC MACHINERY, LLC AND AN ANNUAL CONTRACT AMOUNT INCREASE TO $52,000 FOR TRI -ANNUAL MAINTENANCE TESTING AT THE ARBORS SUBSTATION FOR FISCAL YEAR 2017/18 RECOMMENDATION: It is recommended that City Council approve Amendment No. 004 authorizing the renewal of a Professional Services Agreement (CO#13-196) with Industrial Electric Machinery, LLC (IEM) and an annual contract amount increase to $52,000 for tri -annual maintenance and testing at the Arbors Substation for Fiscal Year 2017/18. BACKGROUND: In 2013, the City of Rancho Cucamonga and IEM entered into a Professional Services Agreement (CO#13-196) to provide annual and tri -annual maintenance testing for the Arbors Substation. ANALYSIS: The equipment at the Arbors Substation is dependent on one another and requires each component to function properly to prevent potential disruption in operations and service. Substation maintenance and repair is a very specialized field requiring highly qualified professionals who are familiar with the complex parts and equipment required to operate a substation. IEM is specialized in engineered electrical power products and has provided annual and tri -annual preventative maintenance testing and inspections at the substation to reduce the risk of potential equipment failures. It is recommended by the American National Standard (ANSI) for Maintenance Testing Specifications for Electrical Power Equipment and Systems to have an in-depth testing every three years. The last in-depth testing performed at the Arbors Substation was in October 2014. FISCAL IMPACT: Funds from the Rancho Cucamonga Municipal Utility Fund (Fund 705) in the amount of $52,000 are included in Account 1705303-5309 of the proposed Fiscal Year 2017/18 Budget. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: None. Page 1 of 1 P673 STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 009 AUTHORIZING THE RENEWAL OF A PROFESSIONAL SERVICES AGREEMENT (CO#12-075) WITH INTERNATIONAL LINE BUILDERS, INC. FOR OPERATION AND MAINTENANCE OF THE ARBORS SUBSTATION AND MUNICIPAL UTILITIES ELECTRICAL DISTRIBUTION SYSTEM FOR FISCAL YEAR 2017/18 RECOMMENDATION: It is recommended that the City Council approve Amendment No. 009 authorizing the renewal of a Professional Services Agreement (CO#12-075) with International Line Builders, Inc. (ILB) for operation and maintenance of the Arbors Substation and municipal utilities electrical distribution system within the Rancho Cucamonga Municipal Utility (RCMU) service area for Fiscal Year 2017/18. BACKGROUND: In 2012, the City of Rancho Cucamonga and ILB entered into a Professional Services Agreement (CO#12-075) to provide operation and maintenance for RCMU. ANALYSIS: Specialized operation and maintenance services are required to continue providing dependable electric service to the RCMU services area. ILB is a full service electrical distribution and transmission power line construction company with 30 years of experience in energy-related facility installation, repair and maintenance services nationwide. ILB constructed the Arbor Substation and backbone infrastructure for RCMU and given the complexity of the infrastructure, the City would be ensuring it has knowledgeable staff that is already familiar with the area and guarantees a timely and effective response to any disruption of operations and public safety. FISCAL IMPACT: Funds from the Rancho Cucamonga Municipal Utility Fund (Fund 705) in the amount of $165,000 are included in Accounts 1705303-5309 and 1705303-5603 of the proposed Fiscal Year 2017/18 Budget COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: None. Page 1 of 1 P674 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City EngineerC Curt Billings, Associate Engineer/Project Manager SUBJECT: CONSIDERATION TO ACCEPT THE MADRONE AVENUE STREET WIDENING PROJECT ALONG THE FRONTAGE OF LOS AMIGOS PARK AS COMPLETE, APPROVE FINAL CONTRACT AMOUNT OF $473,759, FILE A NOTICE OF COMPLETION AND RELEASE BONDS ACCORDINGLY RECOMMENDATION: It is recommended that the City Council: 1. Accept the Madrone Avenue street widening project along the frontage of Los Amigos Park, Contract No. 16-264, as complete. 2. Approve the final contract amount of $473,759. 3. Authorize the release the Faithful Performance Bond and accept a Maintenance Bond. 4. Authorize the release of the Labor and Materials Bond in the amount of $469.000, six months after the recordation of said notice if no claims have been received. 5. Authorize the City Engineer to file a Notice of Completion and release of the retention in the amount of $23,688, 35 days after acceptance. 6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: The Madrone Avenue street widening project along the frontage of Los Amigos Park project scope of work consisted of constructing asphalt pavement, curb, gutter, sidewalk, street lights, utility relocations and street trees. In addition, existing overhead utilities were undergrounded along the frontage of the park site and adjacent development to the north, Tract 18976. Pertinent information of the project is as follows: • Budgeted Amount: • Account Numbers: • Publish dates for local paper: • Bid Opening: • Contract Award Date: $ 651,500 11743035650/1818174-0 12043035650/1818204-0 11293035650/1818129-0 April 12 and 19, 2016 November 1, 2016 November 16, 2016 Page 1 of 2 CITY COUNCIL STAFF REPORT — MADRONE AVENUE STREET WIDENING PROJECT June 21, 2017 • Low Bidder: Los Angeles Engineering Inc. • Contract Amount: $469,000 • Contingency: $46,900 • Final Contract Amount: $473,759 • Difference in Contract Amount: $4,759 (1.01 %) P675 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net increase in the total cost of the project is the net result of two (2) Contract Change Orders and the Balancing Statement The notable change orders included: the City's request of the contractor to work overtime to advance the completion schedule due to delays caused by Southern California Edison with their utility undergrounding portion of the work; and the addition of an architectural finish to concrete flatwork work, to match similar concrete onsite at the Los Amigos Park. These cost increases were offset in the Balancing Statement which accounted for other minor increases and decreases in the project quantities. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: Adequate funds from Gas Tax (Fund 174), Community Development Block Grant (Fund 204), and Underground Utilities (Fund 129) Funds were included in the Fiscal Year 2016/17 budget in Account Nos. 11743035650/1818174-0, 12043035650/1818204-0 and 1293035650/1818129-0 for this project. COUNCIL GOAL ADDRESSED: None. ATTACHMENTS: Attachment 1 — Vicinity Map Page 2of2 VICINITY MAP MADRONE AVE. STREET WIDENING PROJECT ALONG THE FRONTAGE OF LOS AMIGOS PARK Almond Rd Hillside Rd Carnelian St (Project Site Banyan St : 119th St Base Line -Rd. Wilson Av 210 Freeway Highland Av Foothill BI Arrot 8th St 10 Freewa dfilth St Foothill BI Arrow Rt 4th St Q is tr----_g0 Freeway W ATTACHMENT 1 P677 DATE: TO: June 21, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner() Desiree Lawson, Planning Technician Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO EXECUTE A SINGLE SOURCE PROFESSIONAL SERVICE AGREEMENT WITH NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC. NOT TO EXCEED $186,500 FOR THE COMPLETION OF THE REHABILITATION AND SALE OF THE NEIGHBORHOOD STABILIZATION PROGRAM HOME LOCATED AT 6948 SPINEL AVENUE, RANCHO CUCAMONGA, CA. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute a Single Source Professional Services Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS) for the rehabilitation and sale of the Neighborhood Stabilization Program home located at 6948 Spinel Avenue, Rancho Cucamonga, CA. BACKGROUND: Title III of Division B of the Housing and Economic Recovery Act of 2008 ("HERA") appropriated $3.92 billion for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties. Grants under HERA are considered Community Development Block Grant ("CDBG") funds and are implemented through the Neighborhood Stabilization Program ("NSP"). NSP funding was determined by a formula that considered statewide factors such as the number of loans that are: 1) in foreclosure, 2) subprime, 3) in default (90 days delinquent), and 4) 60 to 89 days delinquent, and then factored in local criteria such as 1) local foreclosure estimates, and 2) local vacancy rates. Based upon these criteria Rancho Cucamonga received a direct allocation of $2,133,397 in NSP funds. Five homes were purchased, two were transferred to Habitat for Humanity, one was transferred to House of Ruth, one has been rehabbed and sold to a qualifying resident and the remaining property is left to rehab and sell. ANALYSIS: Staff would like to obtain the services from NPHS on a Single Source basis to complete the rehabilitation of the home, conduct pre-screening and pre -qualification of low- and moderate - income households, and provide required homebuyer education to the selected household through a lottery draw, and sell the home to a first-time homebuyer. NPHS is a non-profit housing organization located in Rancho Cucamonga, with over 25 years of experience in redevelopment, community lending, residential and commercial real estate, and community wealth building services. Once the completion of the rehabilitation of the home NPHS will market the property for sale and then pre-screen and pre -qualify 10 families to participate in a lottery drawing for the purchase of the home. Page 1 of 2 CITY COUNCIL STAFF REPORT CONSIDERATION TO EXECUTE CONTRACT WITH NPHS June 21, 2017 Page 2 FISCAL IMPACT: The total cost with contingencies of the contract will not exceed $186,500, of which $147,854 is contract, and $38,646 is contingency. All funds are allocated and were in the approved 2016/2017 budget. The services provided by one company is beneficial to the completion of this rehab and sale. After the sale of the home, the Neighborhood Stabilization Program can begin the required close-out of the program and funding by HUD. A percentage of the NSP funds being held will be reassigned by HUD into CDBG to be used for future programs. Given the experience NPHS has with the NSP/HUD program in surrounding cities, we feel that they provide unique wrap-around services needed for this project. COUNCIL GOAL(S) ADDRESSED: Not applicable ATTACHMENTS: Attachment 1 — Agreement for Professional Services Attachment 2 — Single/Sole Source Justification Page2of2 P678 P679 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 21st day of June, 2017, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Neighborhood Partnership Housing Services, Inc, a California non-profit corporation ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following professional services: Neighborhood Stabilization Program (PSA) property address 6948 Spinel Avenue, Rancho Cucamonga, CA. ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and professional services described in Recitals "A" and "B" above, including, but not limited to $186,500, all as more fully set forth in the Consultant's proposal, dated May 12, 2017 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said Vendor Initials PSA with Professional Liability Insurance (non -design) Page 1 Last Revised: 10'02 13 ATTACHMENT 1 P680 meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be 1 year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in 0 year(s) increments to a total of 0 years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $186,500 (One Hundred Eighty -Six Thousand, Five Hundred Dollars), Vendor Initials PSA with Professional Liability Insurance (non -design) Page 2 Last Revised: 100213 P681 including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Flavio Nunez, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Clemente Mojica is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly Initials Vendor PSA with Professional Liahility Insurance (non -design) Page 3 Last Revised: 10:02.13 P682 understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation Vendor Initials PSA with Professional Liability Insurance (non -design) Page 4 Last Revised: 10 02 `13 P683 upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse ofthe Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any ofthe Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non -infringing. This covenant shall survive the termination of this Agreement. Vendor Initials PSA with Professional Liability Insurance (non -design) Page 5 Last Revised: 10r02:13 I3 P684 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of Vendor Initials PSA with Professional Liability Insurance (non -design) Page 6 Last Revised: 10'02: 13 P685 this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 Professional Services. In the connection with its professional services, the Consultant shall defend, indemnify, and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its professional services under this Agreement. Consultant shall pay all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. 11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. Vendor Initials PSA with Professional Liability Insurance (non -design) Page 7 Last Revised: 10'02 /3 P686 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. (4) Professional Liability insurance in a form approved by the City, having, at City's option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. Vendor Initials PSA with Professional Liability Insurance (non -design) Page 8 Last Revised: 1002 13 P687 12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) Initials The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The Vendor PSA with Professional Liability Insurance (non -design) Page 9 Last Revised: 10'02.13 P688 coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any ofthe required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including { endor Initials PSA with Professional Liability Insurance (non -design) Page 10 Last Revised: /0'02'13 P689 breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for l endor Initials PSA with Professional Liability Insurance (non -design) Page 11 Last Revised: 10.-02 /3 P690 compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: If to Consultant: City of Rancho Cucamonga Attention: Flavio Nunez 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Clemente Mojica, President and CEO NPHS Inc. 9551 Pittsburgh Avenue Rancho Cucamonga, CA 91730 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. f'endor Initials PSA with Professional Liability Insurance (non -design) Page 12 Last Revised: 10 02 13 P691 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.govidlsr/DPreWageDetermination.htm CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party Initials Vendor PSA tivith Professional Liability Insurance (non -design) Page 13 Last Revised: 10'01'13 P692 who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Clemente Mojica City of Rancho Cucamonga By: By: Name Date Name Date Title 13y: Title City of Rancho Cucamonga By: Name Date Name Date Title Title (two signatures required if corporation) endor Initials PSA with Professional Liability Insurance (non -design) Page 14 Last Revised: 10: 02/13 P693 EXHIBIT A SCOPE OF SERVICES Attached Document Initials Vendor PSA with Professional Liability Insurance (non -design) Page 15 Last Revised: 1002:'13 P694 EXHIBIT B SCHEDULE OF PERFORMANCE Initials Vendor PSA with Professional Liability Insurance (non -design) Page 16 Last Revised: 10 O2;13 P695 Attachment A --- Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TRAVELERS) POLICY NUMBER WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) This agreement shall not operate directly or Indirectly to benefit any ono not named in the Schedule SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. DESIGNATED ORGANIZATION: Vendor Initials PSA with Professional Liability Insurance (non -design) Page 17 Last Revised: 1001 13 P696 POLICY NUMBER. Attachment B — Sample Additional Insured for On-going Projects COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above CG 20 10 07 04 Initials B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project m ISO Properties, Inc , 2004 Page 1 of 1 CS Vendor PSA wish Professional Liability Insurance (non -design) Page 18 Last Revised: 10 02/13 P697 �NPHs Neighborhood Partnership Housing Services, Inc. PROPOSAL NEIGHBORHOOD STABILIZATION PROGRAM (NSP) CITY OF RANCHO CUCAMONGA 6948 SPINEL AVENUE RANCHO CUCAMONGA (4BD/2BA 1,556 S.F.) /////////////////////////////////////////////////////////////////////iii//////////////////////////////////iii//////////, NPHS Inc. 1 9551 Pittsburgh Avenue, Rancho Cucamonga, CA 9173011(800)761-NPHS 1 www nphsinc org Created by DesignThink, P698 6NPHS Mr. Flavio Nunez City of Rancho Cucamonga, Economic Development 10500 Civic Center Drive Rancho Cucamonga, California 91730 Dear Mr. Nunez, Neighborhood Partnership Housing Services, Inc. (NPHS) is excited to provide the enclosed proposal that details our many strengths and successes relevant to acquiring, rehabilitating and reselling foreclosed and abandoned residential properties. NPHS has been providing these services to Inland Empire cities for over 15 years and we look forward to partnering with the City of Rancho Cucamonga to help stabilize and revitalize neighborhoods. NPHS is an affiliate of the congressionally chartered NeighborWorks® America, a network of more than 250 affordable housing nonprofit organizations that are dedicated to creating "communities of choice." NPHS has partnerships with various cities throughout Riverside, San Bernardino and Los Angeles Counties and administers a variety of neighborhood redevelopment programs including Neighborhood Stabilization projects, home repair programs, mortgage assistance and homeownership education programs. Thank you for the opportunity to present this proposal. NPHS looks forward to working with the City of Rancho Cucamonga. Sincerely, Clemente A. Mojica Chief Executive Officer /////////////////////////////////////////////////////, NPHS Inc 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 9173011(800)761-NPHS 1 www nphsinc org Created by DesignThink, P699 Scope of Work for the Proposed Project NPHS will undertake the rehabilitation and disposition of a distressed property located at 6948 Spinel Ave Rancho Cucamonga, CA 91701. NPHS will rehabilitate and sell the home to a qualified family. The project will be funded using Neighborhood Stabilization Program (NSP) funds that were awarded to the City of Rancho Cucamonga by the U.S. Department of Housing and Urban Development. The Scope of work for this project is divided into six parts: Housing Rehabilitation Services, Buyer Eligibility Determination, Mortgage Assistance Processing and Underwriting, Homebuyer Education, Affirmative Marketing and Real Estate Services. Scope of Work #1 Housing Rehabilitation Services: As developer of this project, NPHS will create a summary outline of repairs required to meet minimum code compliance (if code violations are discovered). Included in the summary outline will be the necessary repairs required to bring the property to HUD minimum property standards and identify property improvements. Also, the assessment of the property will identify key repair and replacement measures which will increase the energy efficiency and home performance of the property. NPHS will create a scope of work and cost estimate to be utilized for property rehabilitation which is determined by the property inspection conducted on the site, in accordance with local codes along with City rehabilitation standards. The City will review for approval the rehabilitation budget and scope of rehabilitation work to be conducted on the property. Once all approved rehabilitation items have been authorized by City staff, NPHS will prepare a Bid Packet and coordinate and conduct a Bid Walk with prospective General Contractors to go over each rehabilitation line item in the Scope of Work. Once all submittal requirements have been met, a City approved scope of work along with a Notice to Proceed will be given to NPHS and construction contracts can be signed by the selected General Contractor to commence the rehabilitation of the property. NPHS will manage the rehabilitation of the property. NPHS will monitor progress in accordance with the Scope of Work, process draw and payment requests, review labor and material releases and maintain files with required documentation. All construction work will be performed by licensed contractors, with a preference of using local city contractors. All Change Orders will be approved by the City. When construction and rehabilitation are complete, NPHS will schedule a punch list inspection with the City and General Contractor. A list of all applicable items to be corrected will be provided to the General Contractor. NPHS will work closely with City inspectors to continually establish expectations of repairs and improvements to the home. After completion, and receipt of a certificate of occupancy, the property will be offered for sale to income -qualified homebuyers. /////////////////////////////////////////////////////////////////////i,,,,,////////////////////////////////////////////, NPHS Inc. 1 9551 Pittsburgh Avenue, Rancho Cucamonga, CA 917301 1(800)761-NPHS 1 www.nphsinc.org Created by DesignThink. P700 /////////////////////////////////////////////////////////////////////////////// ,,,,,,f,,„1,11,,,,,,,,,,,,,,,,,,,,,,7,, NPHS will oversee the entire rehabilitation process and will periodically (or as requested) provide the City with the necessary progress updates as well as make all necessary requests (e.g. Inspection, financial, administrative) to the City to ensure all program activities are carried out in accordance with the NSP regulations. Scope of Work #2 Buyer Eligibility Determination: NPHS Staff will market to families and individuals who qualify as first-time home buyers (buyers who have not had ownership in a home within the last three years). Staff will evaluate buyers to ensure all applicants meet program NSP guidelines. To determine buyer eligibility, NPHS will conduct the following: ✓ Intake and create homebuyer file and screen each interested prospect as to their ability to meet qualifications of the program; ✓ Work with lender and borrower to collect all necessary income information to conduct file assessment; ✓ Analyze the buyer's income through the proper documentation of income tax returns, pay stubs and all other related documents; ✓ Conduct affordability and income analysis to determine the homebuyer eligibility to purchase NSP properties; ✓ Provide an overview of the affordability covenants and resale restrictions to the buyer. Scope of Work #3 Homebuyer Education: NPHS will provide necessary homebuyer education and counseling as well as provide the HUD -approved education certification to the lottery "selected” applicant purchasing the property. NPHS is approved by the U.S. Department of Housing and Urban Development as a Housing Counseling Agency. Scope of Work #4 Mortgage Assistance Processing and Underwriting: NPHS will process all applications, loan documents and recording instruments, including all covenants and restrictions, to fully execute the second trust deed if needed. NPHS will perform the following activities to originate, process and underwrite the City's NSP mortgage assistance program: ✓ Collect all necessary financial and supplemental documentation from applicants; ✓ Provide housing counseling as necessary to collect all documentation from client; ✓ Analyze and process applicant file to determine loan eligibility; ✓ Review and analyze homebuyer credit report; ✓ Conduct all financial and employment verification if necessary; ✓ Prepare and process all loan documents: ■ Prepare Promissory Note ////////////////////////////////////////////////////////////////////////////////////////////%//////////////////////////, NPHS Inc 1 9551 Pittsburgh Avenue, Rancho Cucamonga, CA 91730 11(800)761-NPHS I www nphsinc org Created by DesignThink. P701 • Prepare Deed of Trust • Process Affordability Covenants, Conditions and Restrictions • Prepare Request for Notice / Make recommendations and communicate with City staff; / Issue approval letter for eligible applicants and any other response documents as needed; / Prepare and submit lender and escrow instructions to escrow; / Work with title and escrow; / Review all loan packages and notarize all signings; / Monitor closing and recording; / Work with City to ensure that buyers affirm their understanding of all affordability covenants, equity -share provisions and deed restrictions; / Conduct post -closing review to ensure files have no deficiencies and comply with NSP guidelines. Compensation for Scope of Work #1, #2, #3 and #4: NPHS will charge a Developer Fee equivalent to 10% of the total rehab cost as outlined in the Project Proforma approved by the City. Scope of Work #5 Real Estate Services: When the rehabilitation of the property is completed, and a certificate of occupancy has been issued by the City, the property will be offered for sale to income -qualified homebuyers. NPHS will place the property on the market for sale through its Real Estate Department and will market and sell the properties to program -eligible homebuyers. The properties will be placed on the market through the Multiple Listing Service (MLS). NPHS will include all applicable affordability covenants in the listing of the property in the MLS. The City will set aside a total of 5% of the property purchase price for realty resale expenses: NPHS will be paid as the listing and selling agency for the property. NPHS is a full- service real estate brokerage licensed by the California Bureau of Real Estate. Scope of Work #6 Affirmative Marketing: NPHS Realty will implement Affirmative Marketing sensitive to the needs of the community and in compliance with the requirements of the City as well as NSP Regulations. NPHS has experience in complying with affirmative action laws, government regulations, and will use their best efforts to reach all segments of the community as defined by the City and NSP Affirmative Marketing guidelines. This includes affirmative fair housing marketing to attract eligible persons from all racial, ethnic and general groups in the housing market area to the property. The marketing of the property will be carried out by NPHS Realty ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////, NPHS Inc 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 9173011(800)761-NPHS 1 www nphsinc org Created by DesignThink. P702 with support from NPHS' Marketing and Communications Department. NPHS Realty is a full- service real estate brokerage licensed by the California Bureau of Real Estate. Buyers will be solicited through on site signage and banners, open house events, realtor events, conventional advertising as well as referrals. NPHS' conventional advertising consists of homebuyer seminars, local newspaper, magazine advertising, public relations articles, mailers, flyers, newsletters, social media postings (e.g. Facebook, Instagram, Twitter), and websites. Marketing and resale efforts will be designed to comply with NSP/Federal affirmative marketing requirements. Compensation for Scope of Work #5 and #6: NPHS will collect a t o t a I commission of 5% of the purchase price to list, and affirmatively market the property for sale and will a 1 s o represent the buyer as a Dual Agency transaction. —11711 i//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////, NPHS Inc 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 917301 1(800)761-NPHS 1 www nphsinc.org Created by DesignThink. P703 Tentative Project Duration & Timeframe NPHS initial walk through with the City of RC © Develop and finalize Scope of Work 3 4 6 0 8 10 11 EEM 14 EMI 17 City Council Meeting NPHS/City Rehab Contract Agreement Develop Bid Package Release Bid Package to General Contractor's Conduct Bid Walk with General Contractor's Receive Bids from General Contractor's Select General Contractor Sign contract with General contractor Notice to proceed for property rehabilitation Property rehabilitation halfway completed Rehabilitation completed to include Final Punch List Certificate of occupancy issued Property listed for sale & begin affirmative marketing Property in escrow Property Sold 5 BD 04/14/2017 NPHS/City 6 BD 04/21/2017 NPHS 1 BD 06/21/2017 City 5 BD 06/28/2017 NPHS/City 2 BD 06/30/2017 NPHS 2 BD 07/05/2017 NPHS 5 BD 07/12/2017 NPHS 10 BD 07/26/2017 NPHS 2 BD 07/28/2017 NPHS/City 2 BD 08/01/2017 NPHS 2 BD 08/04/2017 NPHS 30 Days 09/04/2017 NPHS 60 Days 10/04/2017 NPHS/City/GC 15 Days 10/24/2017 NPHS/City/GC 2 Days 10/26/2017 Real Estate TBD Real Estate 60 Days after listing Real Estate Total Estimated Number of Days 214 Days BD - Business Days NPHS Inc 1 9551 Pittsburgh Avenue, Rancho Cucamonga, CA 91730 1 1(800)761 -NPHS 1 www nphsinc.org Created by DesignThink. P704 About NPHS Mission NPHS builds stronger communities by creating innovative housing and economic solutions that advance the well-being of people, vitality of neighborhoods, creation of jobs and sustainability of the environment. Organizational Background Spanning over its 25 years of service, Neighborhood Partnership Housing Services (NPHS) has become one of the most respected and innovative nonprofit housing organizations serving three Southern California counties of Riverside, San Bernardino and Eastern Los Angeles. Established in 1991 in the City of Montclair as a grassroots neighborhood organization, NPHS has grown into a multi -faceted community development corporation providing comprehensive Redevelopment, Community Lending, Residential and Commercial Real Estate, and Community Wealth Building services to a diverse range of stakeholders including residents, local governments, private sector businesses and other nonprofit organizations. As part of the NeighborWorks° Network, NPHS holds the following certifications and designations: HUD - approved housing counseling agency; Department of Treasury Community Development Financial Institution (CDFI); a California State Certified Community Housing Development Organization (CHDO); and a state COIN certified CDFI. Theory of Change Through a wide variety of community and economic development programs, NPHS revitalizes neighborhoods and improves the lives of countless Inland Valley families by focusing on 5 Areas of Impact. 1. Community Wealth Building 2. Affordable Housing 3. Neighborhood Revitalization 4. Environmental Sustainability 5. Job Creation and Preservation These impact areas offer services through 4 lines of business: Community Wealth Building, Community Lending, Redevelopment, and Realty. Programs and services offered include acquisition, rehabilitation and resell of distressed homes, home improvement programs, homebuyer education and counseling, homeownership preservation, financial wellness education, reverse mortgage counseling, down payment assistance loans, business micro lending, real estate services, and solar panel system sales and financing. Community Impact Over the past 25 years, NPHS has provided counseling to address over 27,500 pre- and post - homeownership education issues (financial literacy, homebuyer education, post purchase counseling); assisted more than 4,500 families achieve their dream of homeownership; educated more than 3,500 families in foreclosure prevention; conducted more than 115 ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////, NPHS Inc. 1 9551 Pittsburgh Avenue, Rancho Cucamonga, CA 91730 i 1(800)761-NPHS 1 www.nphsinc org Created by DesignThink. P7O5 neighborhood events; and purchased, rehabilitated and sold 170 distressed, vacant, single family properties to first time buyers. In addition, NPHS has assisted more than 700 low income senior and disabled veteran homeowners with home repair grants, and provided down payment assistance loans to over 600 low -to -moderate income families. Overall, NPHS has stimulated over $689 million in direct investment back into our Inland Empire communities and originated and funded over $9.24 million in down payment assistance as a result of its housing and community lending programs. Organizational Capacity NPHS has the current capacity to manage the entire scope of the rehabilitation and disposition of the distressed property in Rancho Cucamonga on Spinel Avenue. . The following staff members will be assigned to manage, implement, monitor and report the various program objectives: Jenny Ortiz, Vice President of Social Enterprises and Innovations Jenny will oversee this project managing all the team members involved with oversight over the entire redevelopment process. Jenny has over ten years of professional experience in affordable housing and community development working with both private and non-profit sectors. Jenny has extensive real estate project management experience in both residential and commercial developments throughout Los Angeles and the Inland Empire. Jenny collaborates with senior leadership to develop and implement programs and services that enhance, sustain and scale NPHS' community and economic development lines of business. Her inspiration is driven by her commitment to create sustainable and positive social and economic impact for low to moderate income communities. Her skill set in research and development will drive programmatic and organizational innovations, and provide operational support for growth strategies within all departments. Jenny earned an Executive MBA from Thunderbird School of Global Management, a Master's Degree from UCLA in Urban Planning and Liberal Arts Bachelor Degree from UC Berkeley. She also holds a California Department of Real Estate Brokers License. Adam Hicks, Vice President of Redevelopment Strategies Adam will manage the construction team assigned to rehabilitate the property. As a fifteen -year veteran in housing construction, Adam has rehabilitated over 100 homes throughout his career. Adam oversees the organization's Design and Construction department and works with the team on new housing construction and property rehabilitation projects that advance our work around affordable housing and neighborhood stabilization and revitalization. Adam and his team also manage NPHS' Affordable Housing Rental Program which consist of 7/////////////////////////////////////////////////////////////////////////////////ilii/////////////////////////////////, NPHS Inc 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 9173011(800)761-NPHS 1 www nphsinc.org Created by DesignThink. P7O6 scattered -site single and multi -family homes. As a Civil Affairs NCO for the United States Army, Adam managed contract bidding as it pertained to awarding contacts to local general contractors throughout Afghanistan. Adam graduated with an MBA from the University of Phoenix and has a Rehabilitation Specialist Certification from NeighborWorks° America. Richard Moore, Project Manager Richard will be the project manager assigned to managed the rehabilitation of the property. Richard is a hands-on project and architectural and construction management professional with over 26 years of substantive project management experience in design, estimating, LEED and land development background. His experience supports his ability to understand and interface the design, estimating, construction documents and construction management of many types of projects. Richard is responsible for managing ground -up affordable housing, rehabilitation housing and commercial development projects. As part of the redevelopment team, he researches and develops potential sites by conducting due diligence, feasibility reports, project schedules and budgets, as well as manages consultants, contractors, and vendors. Richard earned his B.S. in Construction Management from CSULB. Ameer Alahee, Real Estates Services Manager Ameer will oversee the sale and marketing of the property. Ameer represents both NPHS and outside buyers and sellers for real estate transaction, including local municipality partners. In addition, he coordinates all realty services including the purchase and selling of REO properties. Ameer takes a progressive role in locating and acquiring potential vacant, REO, and foreclosed properties for the purpose of neighborhood stabilization. He is also responsible for listing properties and communicating with potential homebuyers, oversees the home purchase contracts, and assures that they are within compliance. Clemente Mojica, President and CEO Clemente engages in all projects and local government partnerships. As such, he will closely monitor the development of this property. Clemente Mojica is a community development executive with 18 years of experience in community revitalization, housing policy and real estate development. He has leveraged this unique mix of skills to build and manage public/private strategic partnerships that promote sustainable communities and advance community asset -building. Clemente is the Chief Executive Officer for Neighborhood Partnership Housing Services, a multifaceted Community Development Financial Institution (CDFI). His focus is on managing the organization's Redevelopment, Community Lending, Realty and Education and Counseling departments to create programs that promote and preserve homeownership. Clemente is currently concentrating on collaborating with various levels of government, financial institutions, housing 11111 i 7/////////////////////////////�.////////////////////////////////////////////////t NPHS Inc 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 917301 1(800)761-NPHS 1 www.nphsinc org Created by DesignThink. P707 authorities, community organizations and private enterprises to develop programs that continue to advance neighborhood redevelopment. Throughout his career, spanning 3 different community development organizations, Clemente has successfully overseen the administration of over $250,000 in CDGB funding, over $15 million in NSP projects, $900,000 in HOME funds and $4.8 million in CalHome funds. Clemente graduated from California State University of San Bernardino with a bachelor's degree in Political Science with a focus on Public Policy and holds a minor in English and Paralegal Studies. i//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////, NPHS Inc. 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 917301 1(800)761-NPHS ( www nphsinc org Created by DesignThink. P708 Neighborhood Partnership Housing Services, Inc. Updated on -Proforma Date: 6/5/2017 '-- - PROJECT BUDGET • - - Address: 6948 Spinel Ave Rancho Cucamonga Year Built: 1973 Residence Type: SFR Square Footage: 1,556 DESCRIPTION: - Dollar Amou Acquisition Price $268,500 Acquisition & Miscellanous Cost $0 Total Acquisition Cost $268,500 Est. Re -Sale Price (After Rehab) $455,000 Rehabilitation Expenses Cost New roof construction Est. $15,000 Lead Based Paint Abatement Est. $5,000 Termite Inspection Est. $350 Rehabilitation Costs (includes GC P&O at 15%) Est. $82,926 Landscape Design (including sprinklers) Est. $7,500 Total Rehabilitation Cost Est. $110,776 Contingency Est. $38,646 Developer Fee (10% of Total Rehab Cost) Fixed $10,578 Subtotal (Rehabilitation Expenses/Contingency): $160,000 Re -Sale Expenses Cost lk Listing Commissions 2.50% $11,375 Sales Commissions 2.50% $11,375 Lender ALTA Policy (Binder Policy) Est. $1,000 Homeowners Warranty Est. $750 Title & Escrow Fee's Est. $2,000 Subtotal (Re -Sale Expenses): $26,500 TOTAL DEVELOPMENT EXPENSES: $455,000 TOTAL EXPENSES EXCLUDING ACQUISITION: $186,500 • 11111. Balance:t $0.00 P709 O**.•NPHs Neighborhood Partnership Housing Services, Inc. SCOPE OF WORK I COST ESTIMATE 1 PROFORMA NEIGHBORHOOD STABILIZATION PROGRAM (NSP) CITY OF RANCHO CUCAMONGA 6948 SPINEL AVENUE RANCHO CUCAMONGA (4BD/2BA 1,556 S.F.) NPHS Inc. 19551 Pittsburgh Avenue, Rancho Cucamonga, CA 9173011(800)761-NPHS [ www.nphsinc org Created by DesignThink. 10 I- I 1. KITCHEN/APPLIANCES Amount per section a. Appliances: SS Stove: $748 Install new Energy Star rated 4 sealed burners cook -top stove, • 5.1 cu. ft. capacity • Two 15000 -BTU Power Burners, a 9500 -BTU burner and a 5000 -BTU Simmer Burner • 2 embossed oven racks adjust into 6 positions, • Oven window and light, • Electronic clock and timer, SS Over the Range Microwave: • 1.7 cu. ft. capacity $525 • 1,000 Watt of cooking power and 10 cooking levels • 220 CFM venting removes smoke, steam and odors from cooktop • Electronic touch controls with graphic display • Nonstick interior • Turntable on/off feature • Cooktop lighting with 2 brightness settings, including a night -light option • 2 fan speed settings SS Dishwasher: • Energy Star qualified $650 • AccuSense soil sensor • ENERGYSTAR qualified and Tier 1 rated to save energy, water and help reduce your utility bills • Easy -to -maintain plastic tub provides long-lasting durability • Rinse -aid dispenser automatically adds a measured amount of rinse - aid to help reduce the potential for spots on your dishes -plus, a rinse - aid level indicator helps you determine when it's time to refill • 1 -hour wash option gets dishes clean in about half the time • Highly effective triple filtration system helps the wash system provide outstanding cleaning while using less water and energy • Water valve will need to be installed Replace all supply lines/gas fixtures and ensure proper function and installation. Leave manufacturer warranty information at premises. Note: All items will be those scoped out above or of similar features and quality and same manufacturer. 10 P711 b. Kitchen Sink and Faucet: • Remove existing sink and Install a new two (2) sided stainless steel sink basin. Ensure proper function and drainage • Install water sense kitchen faucet or comparable unit. Ensure proper temperature controls and function. Leave manufacturer warranty information at premises • Install new garbage disposal. Ensure proper function and drainage $542 $757 $601 c. Countertops and Cabinets: • Remove and Replace all countertops with granite/quartz countertops for square, level, fastening and condition. Ensure the surfaces provided are sufficient and satisfactory to provide a high quality finished product free from defects. $9,600 • Remove and replace all existing kitchen cabinet. Ensure proper functioning drawers. 2. DOORS/HARDWARE a. Doors Door/Hardware: • New entry door and garage man door. $2,200 • New doors to all bedrooms and bathrooms. Install new hardware as needed. $1,066 Doorknobs: • Install new door handles throughout the house $225 Note: All items will be part of this scope above or similar features and quality. b. Sliding door: • Remove and replace with new sliding door in dining room $2,000 c. Closet Doors: Closet Doors: Colonial Model Painted White (Field verify for each set of closet doors) • Install 1 set of closet doors in bedroom 1, in bedroom 2, bedroom 3, and bedroom 4. $966 Ensured proper function of all other doors, install new hardware. Note: All items will be those scoped out above of similar features and quality. P712 3. WINDOWS a. WINDOWS: Replace eight (8) existing windows throughout the house with retrofit Energy Rated window, and close of two windows in first bedroom. Windows to be energy efficient dual pane windows to include new screens. Fix any missing or damaged stucco outside of property. Windows to be replaced: 1. Eight (8) windows total. (1) in kitchen, (1) in living room, (1) bedroom 1, (1) bedroom 2, (1) bedroom 3, (1) bedroom 4 (1) master bathroom, (1) guest bathroom. $5,155 4. PAINTING / INTERIOR / EXTERIOR a. INTERIOR: • Remove all screws, nails, wires and hangers in house. Patch any holes, dents, or cracks in drywall or replace accordingly damaged drywall throughout the home as needed, other finish surface that will receive paint throughout house. Remove loose, blistered, scaling and deteriorated paint. Secure any loose materials or hardware including nails or screws. Remove or mask any electrical fixtures or other finish materials not receiving paint prior to painting. Texture to match before applying paint. • Replace all closet sliding doors, tracks and hardware for closet doors to function accordingly in (4) bedrooms. • Paint entire interior of house including baseboard. All paint to be lead free. Walls to be semi -gloss and ceilings to be flat. All surfaces to be clean and dry prior to application. Paint when temperature is from 40- 100 deg. No show -through, runs, sags or brush marks. All unpainted hardware to be paint free. No windows shall be painted shut. Remove ALL paint from glass, inside and out. Paint to be BEAR Low VOC • Frame and drywall in living room to replace large window with a dual pane 4'x5' window (included in Window cost) • Replace existing closets NOTE: Paint colors will be Earth tones and approved by NPHS, and final approval by the City $4,600 P713 b. EXTERIOR: • Exterior Wood Trim: Remove all deteriorated and or rotted wood, trim, and scrap, fill any existing cracks with wood filler. Repaint entire exterior wood trim through house and garage including any peeling or damaged areas or bare wood to prevent further deterioration. • Power wash exterior surface of home. • Repair and paint all fascia around house and garage. • Inspect and repair all door jams. Remove all deteriorated and or rotted wood and paint all door jams. • Repair all stucco and match existing around window replacements. • Install new stucco in front site of home and garage. • Remove existing brick veneer and install new stone veneer in front of garage. • Close existing garage window opening and frame, drywall and stucco as needed. • Paint exterior of garage along with trim, fascia repair and paint. Paint all window surrounds, accent bands and garage door trim Paint BEAR Low VOC and colors will be Earth tones and approved by NPHS $6,500 6. FLOORING a. TILE: Prepare floor and install new tile on the following areas. • Guest Bathroom: Install new bathroom flooring to be color appropriate tile squares, no less than 16"X16" pieces with color appropriate design. • Master Bathroom: Install new bathroom flooring to be color appropriate tile squares, no less than 16"X16" pieces with color appropriate design. • Living Room: Install new flooring to be to wood planks to be provided by City with a total of 912 s.f. • Entry: Install new flooring to be color appropriate tile squares, no less than 16"X16" pieces with color appropriate design • Dining Room: Install new flooring to be color appropriate tile squares, no less than 16"X16" pieces with color appropriate design. • Kitchen: Install new kitchen flooring to be color appropriate tile squares, no less than 16"X16" pieces with color appropriate design. • Hallways: Install new flooring to be to wood planks to be provided by City with a total of 912 sf. $4,420 b. Baseboards: Install new baseboards. • Baseboard to be installed so that the baseboard base/trim is solidly attached and attached completely flush to the mounting surface • All corner baseboard joints to be cleanly mitered; There will be no visible gap along the joint edge and the baseboard profile will be completely aligned along the joint edge $3,545 P714 c. CARPET: Prepare floor, install new carpet pad and carpet in the following areas. • Bedrooms: Prepare floor, install new carpet pad and carpet in three (4) bedrooms, Carpet to be color appropriate. NOTE: Carpet to be from earth tones color palette approved by NPHS and final approval by the City $2,565 7. BATHROOMS a. Master Bathroom: Vanity/Countertop: • Install new sink, faucet, vanity. Cabinets: Install new cabinets with color appropriate paint. Ensure proper functioning. Replace Ventilation fan: • Install a light/fan combo in both bathrooms. Sink: • Install new sink and new water sense faucet. • Install new vanity with new 36-40" single sink with Formica or appropriate material countertops. Toilet: Install new toilets with 2 -piece high efficiency dual flush water sense toilet, • 2 -piece design with separate tank and bowl • 16.5 in. chair height elongated bowl meets ADA standards • Water Sense certified product meets high -efficiency toilet (HET) standards (1.6 GPF) • New wax ring and mounting hardware. Caulk around toilet once mounted. Shower: • Remove tile on shower walls and re -drywall before installing new tile. • Install new (1) tile shower to include new water valve. • Replace valves before installing new unit. • Install new (1) mirror for bathroom. • Install glass sliding glass doors • Install new accessory items (towel bar, toilet paper holder) fix any drywall damage and add door stop to prevent future damage. $4,697 P715 b. Guest Bathroom: Vanity/Countertop: • Install new sink, faucet, vanity. Cabinets: Install new cabinets with color appropriate paint. Ensure proper functioning Replace Ventilation fan: • Install a light/fan combo in both bathrooms. Sink: • Install new sink and new water sense faucet. • Install new vanity with new 36-40" single sink with Formica or appropriate material countertops. Toilet: Install new toilets with 2 -piece high efficiency dual flush water sense toilet, • 2 -piece design with separate tank and bowl • 16.5 in. chair height elongated bowl meets ADA standards • Water Sense certified product meets high -efficiency toilet (HET) standards (1.6 GPF) • New wax ring and mounting hardware. Caulk around toilet once mounted. Tub/Shower: • Remove tile on shower walls and re -drywall before installing new tile. • Install new (1) tile shower with tub to include new water valve. • Replace valves before installing new unit. • Install new (1) mirror for bathroom. • Install glass sliding glass doors. • Install new accessory items (towel bar, toilet paper holder) fix any drywall damage and add door stop to prevent future damage. $3,697 8. ELECTRICAL / LIGHTING a. Safety: • Install smoke/CO2 detectors as required by local and state regulations. Install GFI plugs where required and replace if missing. Install smoke detectors in all bedrooms. $600 b. Lighting: • Replace all interior/exterior damaged or deteriorated wiring, including all exposed wiring, all hazardous switches, receptacles and lighting fixtures and circuitry in house. Note: Work must be compliant with The National Electrical Code (NEC) effective January 1, 2017 for residential dwellings. $750 P716 c. Install and replace all electrical outlets/switches and replace covers. (*The number amount of outlets and switches will need to be field verified) $1,000 *TBD d. Electrical Exterior Panel: Remove existing exterior electrical panel and replace with new exterior electrical panel 120 Amp 20 -Space 40-Cercuit Outdoor Overhead Service CSED Value Pack. Electrical Interior Panel: Install a tin-plated aluminum buss bar with 6 type -BR circuit breakers. Tin-plated aluminum buss bar • Single-phase, 120 Amp, 120/240 VAC • Surpasses UL and ANSI safety requirements • 6 Mounting holes for easy installation • Includes 5 BR120 circuit breakers and 1 BR230 circuit breaker • Relocate and install electrical outlet in garage for washer/dryer hookup to relocate dryer vent. Electrical Panel Cover • Ensure the electrical panel is securely covered. Note: Work must be compliant with The National Electrical Code (NEC) effective January 1, 2017 for residential dwellings. $3,300 e. Fixtures: Replace all missing or broken light fixtures with new light fixtures throughout house with like kind fixtures energy efficient bulbs fixture to me modern style. • All lights to be compact fluorescent (CFL) and be energy efficient. • Install light fixtures in guest and master bathrooms, install new covers and frame in lights • Install flush mounted light fixtures in bedrooms (4) • Install (4) recessed light fixtures in kitchen • Replace (1) recessed light fixture over sink to match kitchen. • Install (2) recessed light fixtures in dining room to match kitchen. • Install light fixtures in hallway, install new covers and frame in lights • Install new light fixture near front and rear entrances. Note: Work must be compliant with The National Electrical Code (NEC) effective January 1, 2017 for residential dwellings. $1,617 P717 9. HVAC a. HVAC: Install a new Air Conditioner/Heater unit. Unit to be framed on roof. Unit to feature the following components • 12,000 BTU performance cooling and 9,200 BTU performance heating • 4 -way Air Deflection, • Digital Electronic Touch Controls: • 24-hour On/Off Timer with energy efficient programmable timer • Install new ducting throughout home to balance for each room. • Remove wall heater and re -patch. Vents: Replace all vent filters throughout house. • Replace all air vents. Note: Work must be compliant with The National Standard 2015 Uniform Mechanical Code and ASHRAE Compliance $8,500 10 PLUMBING a. • Install new water heater • Install new plumbing lines to new water heater & exhaust pipe. • Approved straps installed: top & bottom straps withinl/3 of top & bottom of WH Bottom strap min. 4 in. above controls. • Install new water valves, water drainage, dryer vent and gas line in garage laundry area. • Relocate exposed gas line at South wall and place inside wall. Note: Work must be compliant with The National Appliance Energy Conservation Act (NAECA) effective April 16, 2015 for residential dwellings. $1,600 11 DRYWALL a. All Rooms: • Repair drywall throughout house and garage as required. • Repair & patch ceiling drywall in garage and install 30"x30" attic access door $850 12 FIREPLACE a. • Power wash and clean fireplace interior face and replace broken bricks as needed $250 P718 13 ROOF a. House/Garage Roof: • Provide a complete roof inspection, including attic area inspecting for Teaks/openings and damaged areas; repair all areas necessary including 3 course protection around metal drip edge and resealing around all seams/flashing as needed. Properly dispose of all debris. Waterproof where needed. Obtain inspection and certify a 5 -year roof certification for the home. All roofing materials shall be tested and labeled by the (CRRC) 2016 CEC Cool Roof Requirements Handout. New roofing shall not be installed over any existing roof with three (30 or more layers. $450 14 DEMO $4,500 a. • Remove existing exterior patio cover and columns • Remove existing concrete and brick planters in rear and front. • Remove existing water heater. • Remove existing kitchen cabinets. • Remove existing kitchen counters. • Remove existing crown molding throughout house • Remove existing porch (2) rails from front of home. • Remove all existing exterior shutters from windows. • Remove ceiling fans throughout house • Remove existing sink and cap water lines from garage. • Remove existing shelfing from garage • Remove illegal ceiling drywall in garage 15 GATE a. • Paint and repair wood/chain link fences as needed, on both sides of home. $500 16 GARAGE a. • New garage door and opening system. • Replace exterior garage door frame and weatherization. $1,950 17 TERMITE INSPECTION a. • Conduct termite inspection and based off report cost estimate can be determined. Cost will be allocated from contingency. $350 - Inspection P719 18 LANDSCAPE a. • Clean entire backyard. • Repair and patch front yard landscape. • Repair/replace front yard sprinklers. • Remove bricks from front yard and add landscaping • Layout landscape per plan. $7,500 19 New Roof a. b. • Remove existing shingles. • Verify sheathing replace as needed. • New felt paper and 30 year shingles $15,000 20 Building Permits • Rehabilitation building permits as required per California code. $2,000 21 Lead/Asbestos Abatement • Properly remove all lead and asbestos from areas noted on testing results. $5,000 Total Project Costs $110,776 ... R\Nca•l0 CUCAMONGA CALIFORNIA 0 Purchasing Received CITY OF RANCHO CUCAMONGA MAY 1 8 2017 SINGLE/SOLE SOURCE JUSTIFICATION FOR PURCHASES $5,000 AND ABOVE P720 The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source. Vendor: Neighborhood Partnership Housing Services Inc Date: May 18, 2017 Commodity/Service: Construction, Purchase and Sale, Homebuyer Education Estimated expenditure: $186,500.00 Your Name: Flavio Nunez Extent of market search conducted: Price Reasonableness: Within scope of needs Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? No, last project under this HUD program. DEFINITIONS: SINGLE SOURCE — a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need. SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial all entries below that aooly to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry. THIS IS A SINGLE SOURCE �✓ THIS IS A SOLE SOURCE PURCHASE ® (check one). 1. SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no. 3 also must also be completed). TI-TgPARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF`tANOTHER MANUFACTURER. (Explain in separate memorandum). D:\TempFiles\Temporary Internet Files\OLK21C\Sole Source Justification Form (3).doc ATTACHMENT 2 P721 Single/Sole Source Justification Form Page 2 3. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application). 4. '' UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request). 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole source for the service or material. Department: Pi GNN/NCr Department Head: p • • • • • • • 'tJ • • Comments: Purchasing Department • • APPROVED APPROVED WITH CONDITION/S DISAPPROVE • • • • • • • • $5,000 - $50,000 APPROVED BY PURCHASING MANAGER: Q (n Dat $50,000 —100,000 APPROVED BY CITY MANAGER: Date: $100,000 AND OVER See comments above by Purchasing Division, attach to Council Request CITY COUNCIL ACTION: Date: D:\TempFiles\Temporary Internet Files\OLK2IC\Sole Source Justification Form (3).doc 1/18/07 P722 DATE: TO: FROM: BY: SUBJECT: March 18, 2017 RUTH CAIN, PROCUREMENT MANAGER CANDYCE BURNETT, CITY PLANNER 0 FLAVIO NUNEZ, MANAGEMENT ANALYST II NEIGHBORHOOD STABILIZATION PROGRAM SINGLE SOURCE JUSTIFICATION Planning Department The information below is provided in compliance with the requirements for the single source justification for services greater than $100,000. It is the Planning Department's goal to retain the services of Neighborhood Partnership Housing Service Inc. (NPHS) to manage the Neighborhood Stabilization Program (NSP) rehab and sale of the City owned NSP property located at 6948 Spinel Avenue, Rancho Cucamonga, CA. The estimated cost of the rehab will not exceed $186,500. The services provided by NPHS will include • rehabilitation of the home -construction management • pre -qualification of applicants -all applicants require pre-screening • homebuyer education of selected applicant -HUD approved and required • sale of home The total cost with contingencies of the contract will not exceed $186,500. The services provided by one company is beneficial to the completion of this rehab and sale. After the sale of the home, the Neighborhood Stabilization Program can begin the required close- out of the program and funding by HUD. A percentage of the NSP funds being held will be reassigned by HUD into CDBG funds to be used for future programs. Given the experience NPHS has with the NSP/HUD program in surrounding Cities, we feel that they provide unique wrap-around services needed for this project. Page 1 of 1 P723 DATE: TO: June 21, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Cal -.1 Theresa M. Gates, Management Aide SUBJECT: CONSIDERATION OF APPROVAL OF A REIMBURSEMENT IN THE AMOUNT OF $147,584 TO THE COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT IN ACCORDANCE WITH AGREEMENT NO. C002-139 AND AN APPROPRIATION OF $147,584 FROM THE ETIWANDA/SAN SEVAINE DRAINAGE FUND RECOMMENDATION: It is recommended that City Council approve a reimbursement in the amount of $147,584 to the County of San Bernardino Flood Control District in accordance with Agreement No. C002-139 and an appropriation of $147,584 from the Etiwanda/San Sevaine Drainage Fund (Fund 114). BACKGROUND: The City Council adopted the Etiwanda/San Sevaine Area Master Plan of Drainage report on February 2, 1989, and thereafter on August 16, 1989, adopted a resolution establishing a drainage fee over the same Master Plan Drainage Area to fund construction of the master planned improvements. The Etiwanda/San Sevaine Flood Control Project included construction of regional flood control improvements along Etiwanda Creek and San Sevaine Creek. Construction of these improvements were completed in April 2009 by the County. ANALYSIS: In December 2002, the City Council entered into an agreement with the County (C002-139) to reimburse the City's portion of the construction costs for the Etiwanda/San Sevaine Flood Control Project. In accordance with the agreement, the City collects a Regional Mainline Drainage fee as part of the Etiwanda/San Sevaine Drainage Impact Fee Program. Annually, the County requests reimbursement under this agreement based on the amount of the Regional Mainline Drainage Fees collected by the City in the Previous fiscal year less $500,000 and a 15% administrative fee. For Fiscal Year 2015/16, the City's reimbursement has been calculated and set at $147,584 Reimbursements will continue on an annual basis until 2019. FISCAL IMPACT: An appropriation in the amount of $147,584 from the Drainage Etiwanda/San Sevaine Drainage Fund (Fund 114) to Account No. 1114303-5650/1358114-0 is required to fund the City's Fiscal Year 2015/16 financial responsibility under the agreement. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 1 of 1 P724 DATE: TO: FROM: INITIATED BY: SUBJECT: STAFF REPORT June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer- Trina Valdez, Management Analyst I CONSIDERATION TO APPROVE AMENDMENT NO. 007 AUTHORIZING AN INCREASE TO PROFESSIONAL SERVICES AGREEMENT (CO#12-078) TO APPLIED METERING TECHNOLOGIES, INC. IN THE AMOUNT OF $12,310, AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $12,310 FROM RANCHO CUCAMONGA MUNICIPAL UTILITY FUND RECOMMENDATION: It is recommended that the City Council approve and authorize Amendment No. 007 to increase Professional Services Agreement (CO#12-078) for Applied Metering Technologies, Inc. (AMT) in the amount of $12,310 and approve an appropriation in the amount of $12,310 from the Rancho Cucamonga Municipal Utility Fund. BACKGROUND: In 2012, the City of Rancho Cucamonga and AMT entered into a Professional Services Agreement (CO#12-078) to provide installation, configuration and meter reading services within the Rancho Cucamonga Municipal Utility (RCMU) service area. ANALYSIS: During Fiscal Year 2016/17, additional work will be required from AMT to accommodate the upcoming meter replacement project of all RCMU commercial meters. This work will include final meter reading, removal of the existing meters and installation of the new meters. FISCAL IMPACT: An appropriation in the amount of $12,310 from the Rancho Cucamonga Municipal Utility Fund to Account No. 1705303-5309 is required to fully fund the services required under the proposed amendment. COUNCIL GOAL(S) ADDRESSED: Not Applicable, ATTACHMENTS: None. Page 1 of 1 P725 DATE: TO: June 21, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager .1> INITIATED BY: William Wittkopf, Public Works Services Directory- Ty Quaintance, Facilities Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO APPROVE THE AWARD OF A CONTRACT FOR CITYWIDE JANITORIAL SERVICES IN AN AMOUNT NOT TO EXCEED $720,000. RECOMMENDATION: It is recommended the City Council award and authorize the execution of a contract with Commercial Cleaning Systems (CCS), effective July 1, 2017 through June 30, 2018, in an amount not to exceed $720,000 for Citywide Janitorial Services. BACKGROUND: The Public Works Services Department (PWSD) and the Purchasing Division routinely go out for request for proposals to ensure vendor services remain competitive. PWSD prepared new specifications with a revised scope of work seeking to meet the current budget allocations for janitorial services. The specifications were provided to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted formal RFP #16/17-009 for Citywide Janitorial Services. There were ninety-seven (97) notified vendors; thirty-seven (37) prospective bidders downloaded the proposal documents for review, and there were five (5) proposal responses with two (2) responses being over the budgeted amount. ANALYSIS: After analysis of the RFP responses, Commercial Cleaning Systems was determined to be the most responsive contractor to provide the required services for City facilities at the best value to the community. Therefore, staff recommends City Council award a contract to Commercial Cleaning Systems, effective July 1, 2017 through June 30, 2018, in an amount not to exceed $720,000, contingent on the approval of the FY 2017-2018 budget. FISCAL IMPACT: The contract pricing is within the proposed janitorial services budget line items in the General Fund and the Sports Complex fund for FY 2017/2018. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 1 of 1 11#40 * • 4 - DATE: TO: June 21, 2017 Mayor and Members of the City Council P726 CITY OF RANCHO CUCAMONGA STAFF REPORT FROM: John R. Gillison, City Manager , ,a INITIATED BY: William Wittkopf, Public Works Services Director 1�'" Dean Rodia, Parks and Landscape Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO APPROVE THE AWARD OF A CONTRACT FOR LANDSCAPE AND IRRIGATION MAINTENANCE FOR GENERAL FUND, LMD 3A AND LMD 3B PARKWAYS, PASEOS AND MEDIANS TO MARIPOSA LANDSCAPES, INC. IN AN AMOUNT NOT TO EXCEED $648,000. RECOMMENDATION: It is recommended the City Council award and authorize the execution of a contract with Mariposa Landscapes, Inc., effective July 1, 2017 through June 30, 2018, in an amount not to exceed $648,000, for Landscape and Irrigation Maintenance for General Fund, LMD 3A and LMD 3B Parkways, Paseos and Medians. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely go out for request for proposals to ensure vendor services remain competitive. Public Works staff updated the "Landscape and Irrigation Maintenance for General Fund, LMD 3A and LMD 3B Parkways, Paseos and Medians" contract to include newer terminology, service level specifications, area adjustments and better compliance language. With these changes to the scope of service, rebidding this contract would bring it more in line with current contract requirements and fund resources, while determining the best value for the community. The specifications were then provided to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted formal RFP #16/17-015 to the City's automated bid system. There were two hundred and two (202) vendors were notified; twenty-nine (29) prospective bidders downloaded the proposal documents and there was one (1) viable response received. ANALYSIS: After analysis of the RFP responses and their proven competency in performing landscape services for the City, staff believes Mariposa Landscapes would provide the required services at the best value for the community. Therefore, staff recommends City Council award a contract to Page 1 of 2 CITY COUNCIL STAFF REPORT — FY 2017/2018 LANDSCAPE MAINTENANCE AWARD GF, P727 LMD 3A AND 3B (MARIPOSA) JUNE 21, 2017 Mariposa Landscapes, effective July 1, 2017 through June 30, 2018, in an amount not to exceed $648,000, contingent on approval of the FY 2017-2018 budget. FISCAL IMPACT: The contract price is within the proposed contract services budget line items in the General Fund and various Landscape Maintenance Districts for FY 2017/2018. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 2 of 2 P728 DATE: TO: FROM: INITIATED BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Ruth Cain, CPPB, Procurement Manager CONSIDERATION TO APPROVE THE AWARD OF A CONTRACT FOR PARK MOWING AND FACILITY LANDSCAPE MAINTENANCE TO MARIPOSA LANDSCAPES, INC. IN AN AMOUNT NOT TO EXCEED $423,000. RECOMMENDATION: It is recommended the City Council award and authorize the execution of a contract with Mariposa Landscapes, Inc., effective July 1, 2017 through June 30, 2018, in an amount not to exceed $423,000, for Park Mowing and Facility Landscape Maintenance. BACKGROUND: The Public Works Services Department (PWSD) and the Procurement Division routinely go out for request for proposals to ensure vendor services remain competitive. Public Works staff updated the "Park Mowing and Facility Landscape Maintenance" contract to include newer terminology, service level specifications, area adjustments and better compliance language. With these changes to the scope of service, rebidding this contract would bring it more in line with current contract requirements and fund resources, while determining the best value for the community. The scope of services for this contract include city park mowing as well as landscape maintenance at City and Fire District facilities. These specifications were then provided to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted formal RFP # 16/17-016 for Parks Mowing & Facility Landscape Maintenance. There were two hundred and eleven (211) notified vendors; thirty-two (32) prospective bidders downloaded or viewed the bid package, and there were three (3) viable responses received. ANALYSIS: After analysis of the RFP responses and their proven competency in performing landscape services for the City, Mariposa Landscapes was determined to be the most responsive contractor providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council award a contract to Mariposa Landscapes, effective July 1, 2017 through June 30, 2018, in an amount not to exceed $423,000, contingent on approval of Page 1 of 2 P729 CITY COUNCIL STAFF REPORT — FY 2017/2018 LANDSCAPE MAINTENANCE AWARD PARKS AND FACILITIES (MARIPOSA) JUNE 21, 2017 the FY 2017-2018 budget. An additional $20,000 for landscape maintenance at Fire Station 175 will be considered separately by the Fire Board. FISCAL IMPACT: All contract rates are within the proposed contract services budget line items in the various General and Landscape Maintenance District funds for FY 2017/2018. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 2 of 2 P730 DATE: TO: FROM: INITIATED BY: SUBJECT: June 21, 2017 STAFF REPORT Mayor and Members of the City Council John R. Gillison. City Manager ,, -'1 William Wittkopf, Public Works Services Director (h�^' Dean Rodia, Parks and Landscape Superintendent CONSIDERATION TO APPROVE THE RENEWAL OF THE ANNUAL CONTRACT WITH LANDCARE FOR MAINTENANCE OF PARKWAY, PASEO AND MEDIAN LANDSCAPES WITHIN LANDSCAPE MAINTENANCE DISTRICTS 9 AND 10 IN AN AMOUNT NOT TO EXCEED $206,000. RECOMMENDATION: It is recommended that the City Council approve Amendment No. 006 to contract CO 02-018 with LandCare extending the term of the contract to June 30, 2018 in an amount not to exceed $206,000 for FY 2017-2018. BACKGROUND: LandCare is one of three landscape contractors used by the City to provide maintenance services at various landscape sites citywide. The City Council has previously approved a competitively bid contract, CO 02-018, with LandCare for landscape and irrigation maintenance in Landscape Maintenance Districts 9 and 10 (LMDs 9 and 10). LandCare has submitted a Letter of Intent expressing their desire to continue providing services to the City of Rancho Cucamonga, for FY 2017/2018, with a 2% increase to cover costs associated with the increase of the State -mandated prevailing wage for landscape maintenance and to meet the requirements of the Affordable Care Act. ANALYSIS: LandCare has proven their competence to perform the scope of the services outlined within the contract. Staff believes the requested increase is reasonable, warranted and that if the City were to rebid the contract it would most likely experience the same or greater increase from other vendors. Therefore staff recommends Council approve Amendment No. 006 extending the term of the contract to June 30, 2018 in an amount not to exceed $206,000, contingent on the approval of the FY 2017/2018 budget. FISCAL IMPACT: The 2% increase is in line with the proposed FY 2017/2018 budget for LMDs 9 and 10 for contract services. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 1 of 1 P731 DATE: TO: June 21, 2017 Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director 13^' Dean Rodia, Parks and Landscape Superintendent Ruth Cain, CPPB, Procurement Manager STAFF REPORT SUBJECT: CONSIDERATION TO APPROVE THE AWARD OF A CONTRACT FOR LANDSCAPE AND IRRIGATION MAINTENANCE ON THE HAVEN AVENUE AND FOOTHILL BOULEVARD MEDIANS TO MARIPOSA LANDSCAPES, INC. IN AN AMOUNT NOT TO EXCEED $313,000. RECOMMENDATION: It is recommended the City Council award and authorize the execution of a contract with Mariposa Landscapes, Inc., effective July 1, 2017 through June 30, 2018, in an amount not to exceed $313,000. for landscape and irrigation maintenance on the Haven Avenue and Foothill Boulevard Medians. BACKGROUND: The Public Works Services Department (PWSD) and the Purchasing Division routinely go out for request for proposals to ensure vendor services remain competitive. Public Works staff updated the "Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians" contract to include newer terminology, service level specifications, area adjustments and better compliance language. With these changes to the scope of service, rebidding this contract would bring it more in line with current contract requirements and fund resources, while determining the best value for the community. The specifications were then provided to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted a formal RFP #16/17-014 for "Landscape & Irrigation Maintenance for Haven & Foothill Medians & County Wash Ends." There were two hundred and four (204) vendors notified; twenty-nine (29) prospective bidders downloaded the proposal documents, and there were two (2) viable responses received. During the RFP process, Public Works staff was notified by the County of San Bernardino that effective July 1, 2017, they no longer required the services of Mariposa Landscapes for the maintenance of the County Wash Ends therefore this small portion of the overall bid will not be awarded. ANALYSIS: After analysis of the RFP response and their proven competency in performing landscape services for the City, staff believes Mariposa Landscapes would provide the required services at the best value for the community. Therefore, staff recommends City Council award a contract to Mariposa Page 1 of 2 P732 CITY COUNCIL STAFF REPORT — FY2017/2018 LANDSCAPE MAINTENANCE AWARD HAVEN AND FOOTHILL MEDIANS (MARIPOSA) JUNE 21, 2017 Landscapes, effective July 1, 2017 through June 30, 2018, in an amount not to exceed $313,000, contingent on approval of the FY 2017/2018 budget. FISCAL IMPACT: The contract price is within the proposed contract services budget line items in the General Fund and various Landscape Maintenance Districts for FY 2017/2018. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 2 of 2 DATE: TO: FROM: INITIATED BY: SUBJECT: P733 CITY OF RANCHO CUCAMONGA STAFF REPORT June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager ,, I,,� William Wittkopf, Public Works Services Director(?- Dean Rodia, Parks and Landscape Superintendent CONSIDERATION TO APPROVE THE RENEWAL OF THE ANNUAL CONTRACT WITH LANDCARE FOR MAINTENANCE OF PARKWAY, PASEO AND MEDIAN LANDSCAPES WITHIN LANDSCAPE MAINTENANCE DISTRICTS 6, 7 AND 8 IN AN AMOUNT NOT TO EXCEED $635,000. RECOMMENDATION: It is recommended that the City Council approve Amendment No. 005 to contract CO 09-125 with LandCare extending the term of the contract to June 30, 2018 in an amount not to exceed $635,000 for FY 2017-2018. BACKGROUND: LandCare is one of three landscape contractors used by the City to provide maintenance services at various landscape sites citywide. The City Council has previously approved a competitively bid contract, CO 09-125, with LandCare for landscape and irrigation maintenance in Landscape Maintenance Districts 6, 7 and 8 (LMDs 6, 7 and 8). LandCare has submitted a Letter of Intent expressing their desire to continue providing services to the City of Rancho Cucamonga, for FY 2017/2018, with a 2% increase to cover costs associated with the increase of the State -mandated prevailing wage for landscape maintenance and to meet the requirements of the Affordable Care Act. ANALYSIS: LandCare has proven their competence to perform the scope of the services outlined within the contract. Staff believes the requested increase is reasonable, warranted and that if the City were to rebid the contract it would most likely experience the same or greater increase from other vendors. Therefore staff recommends Council approve Amendment No. 005 extending the term of the contract to June 30, 2018 in an amount not to exceed $635,000 contingent on approval of the FY 2017/2018 budget. FISCAL IMPACT: The 2% increase is in line with the proposed FY 2017/2018 budget for LMDs 6, 7 and 8 for contract services. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 1 of 1 P734 STAFF REPORT DATE: June 21. 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett. City Planner Tabe van der Zwaag, Associate anner SUBJECT: CONSIDERATION TO CONDUCT SECOND READING AND ADOPTION OF ORDINANCE NO. 909 AMENDING THE TERRA VISTA COMMUNITY PLAN TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN. RECOMMENDATION: It is recommended that the City Council conduct the second reading and adoption of Ordinance No. 909 approving an amendment to the Terra Vista Community Plan for the purpose of modifying the development standards within the Medium High (MH) District of the Terra Vista Community Plan. BACKGROUND: On June 7, 2017, staff provided an oral presentation at a public hearing to the City Council detailing Ordinance Number 909. Ordinance Number 909 will amend the Terra Vista Community Plan to permit new developments with greater than 200 units more flexible standards similar to the reduction in the recently approved mixed use standards. The new criteria will allow new larger projects to provide unique site plans that meet the needs of the community while integrating into the surrounding neighborhood and the unique circumstances of the project site. The appropriateness of the reductions in the required setback will be determined on a case-by-case basis and reviewed and approved by the Design Review Committee and the Planning Commission. At the conclusion of the public hearing, the City Council conducted the first reading of the Ordinance. ATTACHMENTS: Attachment 1 - Ordinance No. 909 P735 ORDINANCE NO. 909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT MULTI -FAMILY DEVLEOPMENT ON 12.21 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. LVD Terra Vista, LLC filed an application for Terra Vista Community Plan Amendment No. DRC2016-00715, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Terra Vista Community Plan Amendment is referred to as "the application." 2. On the 10th day of May, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date by recommending approval of the application to the City Council for final action by adoption of their Resolution No. 17-34. 3. On the 7th day of June, 2017, the City Council conducted a duly noticed public hearing on the application and concluded the hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above -referenced public hearing on June 7, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and; b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and ATTACHMENT 1 P736 CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 2 c. The project is for the development of a 214 -unit, multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land; and d. The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to modify the development criteria for the Medium High (MH) District, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights; and e. Terra Vista Community Plan Amendment DRC2016-00715 will amend the development criteria for the Medium High (MH) District, of the Terra Vista Community Plan to provide larger projects with greater flexibility in order to encourage unique layouts and a mix of housing types. Section 3: Based upon the substantial evidence presented to this Council during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development within the district, in a manner consistent with the General Plan and with related development. The proposed Amendment will modify the development criteria for new projects with greater than 200 units in the Medium High (MH) District of the Terra Vista Community Plan area. It will permit greater plan flexibility to allow for creative site planning and for a mix of housing types while staying true to the intent of the Medium High (MH) District, which is for the development of multi -family developments with a density range of 14 to 24 units per acre. b. This Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code. The Amendment will permit high quality development within the Medium High (MH) District, while providing larger projects with the flexibility necessary to provide for a wider mix of housing types and for unique site planning. c. This Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The amendment will modify the development criteria of the Medium High (MH) District to allow building and wall setbacks, building separations and the size of private open space areas to be determined through the development review process. The development review process will ensure that the resulting projects will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. d. The proposed Terra Vista Community Plan text amendment is consistent with the objectives of the Development Code. The Amendment will allow greater plan flexibility when developing large multi -family developments in the Medium High (MH) District of the Terra Vista Plan area. e. The proposed Terra Vista Community Plan Text Amendment is in conformance with the General Plan. The Amendment will permit a wider variety of housing types to be constructed in the Medium High (MH) District, while maintaining the intent of the district which is for the development of Multi -family projects with a density of 14 to 24 dwelling units per acre. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental P737 CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 3 assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration; and c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project; and d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is the City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: The Terra Vista Community Plan is hereby amended to read, in words and figures, as shown in Exhibit 1. 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 the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Building setbacks: As indicated in Table v 0 0'07b OulQ E J N O COC 0 0 0 C E ill o t - L ? 2C•>'C y ii 0 _ U.:vNNaaa� > % 0,....v 0 yOv mc -1 H o 41 a V) a0.— ai_c"'y.0 �O O O Q Vfc E �V'Q Lf° C o,'7 c. N C az.> OCC vVC ° LO = a vE U >'� �oH�Z c � E�c�tei ..E �� ��y 5 ao 12 0 pOaC 0 40 i c z p ?N 3 i 0 z ~ 0 E ic�°mac, ° > c��ccoyo`O0� > 6O c m Q ° G O> N L >C > =E C t0 0Cdc°•c=° - OW '° UJ O > 15 cc•c= c.Ly O O> Q 'C j CO V C U - a) .c Q0y CD C7 3. U 4 - In CD CO in 01ti CUJ C C Q C C O U O .0 CI O w i C C > Um CC'y4_, Hy.C Q)C HQ- 0 r Z. rJ °'mCC COC° oc>W< G co ao 47 :OcGOt 7.-) 7.-') .... Q L O c>J C g c9 C7 C 52 C C) a v7 G. 'O c° u7 4-, CO N U ± Q B EXHIBIT Medium High Denser Residential i.I E _, ,•- o cn co Cc 0) >c c) co E C o co 3 t0. E Q 1— 'L1 -.J ; c° .4 O 5 g O c°Eo. CD O C vi •0 0.3 .Q 0 J N Uses permitted: E� o I--; Single family attached dwellings. Community facilities as specified below. Accessory uses as specified above. Site development standards: ! P738 C C a) co C a) a) 0 a) C 0 cn 0)O - .c ,r c .c v _c a) a) c N 'in 0 .a• .0 _ co a 0 co o) in 0 0 0 E •Q C. C c O> c E1 >,.co o co E con-c"20co -5 o,0 a3 wg 0 C 3 c.0 � U a co c9 � a� o o N o C cE 1mLcco.'oao.�NN_a E '° ' C -- -r ,, m c m -a a o c O v CD Eta 13.. .� M 0 0 RI CO cEom�.a�O�E 0 m a co in ao � S NO -0,m > a -o a) o i_ iii co c c=0ov 0)o cu0›. la,cn ca c0 a) O ai E ;E..c 7 -alp a) . a) C 'a a a) ui ,nr. 0 .a) p c y N O.5a) oy ='5'U E o NV .> E r° N N O to > b N c v) C 0 e' L E c ovaioca�o > •• V ;. E or g c o v) ca a) N> CD 0) .� 3 o ao o o o� a C C .>, . a W o o oo�'°tatccoc�°mEt)ccoo o0 U)CL a0 rocc�cn�'E002a� cn 113 rn 'o }' o a) .c CO r 0 s " _a O N 0 0. �- = I I— .0 -a v) co -o 2 cn o �. D (b)Building setbacks: As indicated in Table V-4. N o o a s �- c c a� o v`N O o G.N. �. .+ ai U G 'a c [) L '� a) 1:5CO CO U Q a. CC T d R w IIfa 0 0 C 'U 0 co i a N = 0 5 .0 N d �' 0. E Eco CCI l- m w L. v ai a) o C E 2 N 'Q a in 11) a) d C ;,, X ( i a c c U .0 c0 CO co vi t7 O 'o a) d OS > r. n E 0 E �V = \ID c Ns fl. Z' m v; 0 o a c c cn L ° N= .o in = 4. c a a o o c Z. E ca Q) .) t� 0 a. m v cn CD c`v Q 3 o n. d v) Q' y 'a 0 0 C O o c3 n w, ir3 m G - n «+ m r:+ ai w c0 Z7 N Q1 N ~> O E L = 00 R d C '_ Ccu o co Q) > o cp 2� �-- v, p ) a - Q 6, L n e. > E o ,., to f-' 0 4l L 'a > C o ca > O 0 a) co 0 d N 'c R- N C U '-' Q o a) o ca 'G 6 CCI 6. Q. x y C 'G Cc co 'o a) o f ;� c > d d a) C 0= w 13 Ca -0 O CD H 3 o- .c 0 a) a) 0. N.c m ca a m c co 0. C mi 0 a) V) in • _� e mx CL 1- 0 _ L. mcU u,L-,apL a) 32 E L0 ,«ai CO (n c m a a m m H `� CP • • • • o Q a) ¢ 01 L i 1) Lu 0 0 a P739 P740 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Admitrative Services Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO CONDUCT SECOND READING AND ADOPTION OF ORDINANCE NO. 910 AMENDING CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AS IT RELATES TO PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT RECOMMENDATION: It is recommended the City Council conduct the second reading and adoption Ordinance Na 910 amending Chapter 3.08 of the Rancho Cucamonga Municipal Code as it relates to Professional Service contracts and contracts for public projects under the Uniform Public Construction Cost Accounting Act. BACKGROUND: The City has adopted a centralized purchasing system, which is codified in Chapter 3.08 of the Rancho Cucamonga Municipal Code and that contains, among others, provisions regarding contracts for professional services and public works. It is in the public interest to amend those provisions of Chapter 3.08 regarding contracts for professional services and public works to allow the City the greatest flexibility allowed under state law. Sections 37103 and 53060 of the Government Code allow the City to contract with professionals for special services to the City with or without competitive bidding. The Uniform Public Construction Cost Accounting Act, Public Contract Code §22000 et seq. ("UPCCAA") establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works projects valued at $175,000 or less. ANALYSIS: The proposed changes to streamline the current procurement processes were presented to the Public Works Sub -Committee on May 17, 2017 and the Sub -Committee provided a recommendation for approval. The City Council conducted a first reading of the proposed ordinance on June 7. 2017, and a set of related resolutions were also approved at that meeting. Upon approval, the recommended revisions will become effective August 1, 2017. Page 1 of 2 P741 CONSIDERATION TO CONDUCT SECOND READING AND ADOPTION OF ORDINANCE NO. 910 JUNE 21, 2017 FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Attachment 1 — Ordinance No. 910 (Second Reading) Page 2 of 2 ORDINANCE NO. 910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT The City Council of the City of Rancho Cucamonga does ordain as follows: A. RECITALS 1. The City has adopted a central purchasing system, which is codified in Chapter 3.08 of the Rancho Cucamonga Municipal Code ("Municipal Code") and that contains among others, provisions regarding contracts for professional services and public works. 2. It is in the public interest to amend those provisions of Chapter 3.08 of the Municipal Code regarding contracts for professional services and public works to allow the City the greatest flexibility allows under state law. 3. Sections 37103 and 53060 of the Government Code allow the City to contract with professional for special services to the City with or without competitive bidding. 4. The Uniform Public Construction Cost Accounting Act, Public Contract Code §22000 et seq. ("UPCCAA") establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works projects valued at $175,000 or less, or as the UPCCAA may be amended. The City Council has previously adopted a resolution electing for the City to be subject to the UPCCAA. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. ORDINANCE Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. Section 3.08.070 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.070. - Bidding generally. A. Purchasing by bid process. Purchasing of supplies and equipment shall be by bid process pursuant to sections 3.08.080 and 3.08.090. However, bidding may be dispensed with upon adequate, specific documentation when one of the following conditions exists: 1. When, in the view of the city manager or the person acting in that capacity, an emergency requires that an order be placed with the nearest available source of supply; Ordinance No. 910 — Page 1 of 6 ATTACHMENT #1 P742 2. When the amount involved is Tess than the open market amount established by resolution of the city council; 3. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the using agency, or when there is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area; 4. When there is to be a contract for professional services. Contracting for professional services may be conducted with or without a request for a proposal/qualification procedure. Awards of professional services contracts shall be made by the purchasing manager upon the request of the City Manager or Department Director when the same have been budgeted and for which sufficient funds have been appropriated. Awards of professional service contracts that exceed the dollar amount for approval by the City Manager shall be subject to approval of the City Council; 5. When, through cooperative purchasing with the state, the county, or other public agencies, the advantage of large-scale buying may be obtained; 6. When the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government within the previous 365 days (one year); 7. When purchasing from or selling to another governmental agency utilizing purchasing agreements maintained by said governmental agency when such action is beneficial to the interests of the city; 8. When the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination; 9. When there is a breakdown in essential machinery, essential services, or when unforeseen circumstances arise, including delays by contractors, delays in transportation, and unanticipated volume of work which requires the immediate attention of a professional or immediate service/repair in order to protect public health, safety or welfare. B. Additional requirements and prohibitions. 1. Notwithstanding any other term or provision hereof, no contract shall be awarded to any person, firm, partnership or corporation that does not have a city business license when required to possess the same pursuant to any provision of this Code. 2. No person shall be interested personally in any contract made hereunder (see Government Code § 1090 et seq.) or violative of the conflict of interest provisions of the city and/or the Political Reform Act, Government Code § 87100 et seq. 3. Contracts for services and public works projects less than the minimum amounts for public works bidding (see Public Contract Code § 20160 et seq.) may require the payment of prevailing wages pursuant to the Labor Code. Ordinance No. 910 — Page 2 of 6 ATTACHMENT #1 P743 4. Bid splitting. It is unlawful to split or separate into smaller units, quantities, work orders, or projects any purchase of supplies, equipment or services for the purpose of evading the provisions of this chapter pertaining to the purchase of supplies, equipment or services. misdemeanor." C. Every person who willfully violates this section is guilty of a Section 3. Section 3.08.080 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.080. - Formal bid procedure. Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an individual estimated value greater than the established formal bid procedure amount shall be by written contract with the lowest or highest responsible bidder or the bidder who provides goods or services at the best value, as the case may be, pursuant to the procedures prescribed in this section. A. Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where specifications may be obtained, and the date, time and location of when bids are due and will open. 1. Posted notices. Notices inviting bids shall be published at least ten days before the date of the bid opening on the city's website. Notices inviting bids, requests for proposals, or requests for qualifications for professional services may be posted, as available, during the solicitation process, if applicable 2. Bidder's list. The purchasing manager shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list in accordance to the commodity or service category the prospective supplier has specified. B. Bidder's security. When deemed necessary by the purchasing manager, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of the contract has been mailed unless, in the latter event, the city is solely responsible for the delay in executing the contract. The city may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder or the bidder who provides goods or services at the next best value, with the bidder's security being applied to the amount of the contract price differential between the lowest bid and the second lowest bid, and the contract price differential, if any between the bidder who provides goods or services at the best value and the bidder who provides goods or services at the next best value, with the surplus, if any, returned to the lowest bidder or the bidder who provides goods and services at the best value. If the city rejects the remaining bids presented and re -advertises, the amount of the lowest bidder's security or the security of the bidder who provides goods and services at the best value, may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder or the bidder who provides goods and services at the best value. C. Bid and proposal submission. Sealed bids shall be submitted to the purchasing agent and shall be identified as a bid on the envelope. Alternatively, bids and proposal submissions may be submitted electronically through the electronic bidding system that the city's Ordinance No. 910 — Page 3 of 6 ATTACHMENT #1 P744 purchasing divisions utilizes, unless the purchasing manager determines otherwise. Electronic bid and proposal submittals shall be to the purchasing agent in accordance with policies and procedures adopted by the city council for submission of electronic bids that ensure the identification, security and confidentiality of electronic bids. Sealed and electronic bid and proposal responses and associated documentation will be on file in the city's purchasing division and shall be opened in public at the time and place stated in the public notice. The functionality of the electronic bidding system ensures that bid and proposal submissions remain unopened until the closing date and time of said submissions and that said submissions cannot be viewed by the public or city staff until the closing date and time. A tabulation of all bids received shall be available for public inspection during regular business hours after the bid opening. D. Rejection of bids. The city may reject any and all bids presented, re -advertise for bids or award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any and/or all bids is expressly reserved to the city and said decision shall be final. E. Determination of lowest responsible bidder. 1. Upon opening and tabulation of all bids received to determine the low bidder, the purchasing manager shall thereafter determine the lowest responsible bidder by applying the following criteria: a. For purposes of determining the lowest responsible bidder, there shall be deducted from the bid submitted by a local bidder all sales taxes which will be apportioned to and received by the city; b. The ability, capacity and skill of the bidder to provide the service or commodity required and to comply with all specified requirements in the bid document; c. The bidder's record of performance of previous contracts or services; previous failure to perform to city requirements may disqualify the bidder; d. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 2. Whenever the purchasing manager determines that a bidder is not responsible pursuant to this section and the specifications of the notice inviting bids, the purchasing manager shall notify the bidder of said determination, in writing. The bidder may, within ten days after notice is given by the purchasing manager, appeal such determination to the city manager who shall conduct a public hearing to determine whether or not the bidder is a responsible bidder. The decision of the city manager shall be final. F. Determination of bidder providing best value. Upon opening and tabulation of all bids received to determine the bidder providing goods and services at best value, the purchasing manager shall thereafter determine the bidder providing best value by applying the following criteria: city's needs; 1. The bid amount; 2. The quality of the bidder's goods or services; 3. The extent to which the bidder's goods or services meet the Ordinance No. 910 — Page 4 of 6 ATTACHMENT #1 P745 4. Any relevant criteria specifically listed in the notice inviting bids. G. Award of contracts. Except as otherwise provided in this chapter, contracts for supplies, equipment or services of a value requiring formal bid procedures shall be awarded to either the lowest responsible bidder or the bidder providing goods and services at the best value. The purchasing manager shall have the authority to award contracts, including capital outlay items, which have been budgeted and for which there are sufficient funds appropriated. Contracts which exceed the appropriated amount, or which are not budgeted, shall not be awarded, except upon approval of the city council. H. Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal or are of equal best values, the city may, in its discretion, accept either bid submitted. I. Performance security. A performance bond, certificate of deposit or cash may be required before entering into a contract, in such amount as is deemed reasonably necessary to protect the interests of the city. If performance security is required, the acceptable type and amount thereof shall be described in the notice inviting bids and, if a bond, the form of the bond shall be as determined by the city attorney." Section 4. Section 3.08.110 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.110. - Bidding for public projects. A. Public projects, as defined by the Public Contract Code § 22002 shall be bid, advertised, and awarded in accordance with the California Uniform Public Construction Cost Accounting Act ("UPCCAA"), as it may be amended from time to time. B. Contracts for public projects shall be awarded pursuant to the dollar limitations established by UPCCAA, which as of the effective date of this section are as follows: 1. Public projects of forty-five thousand dollars ($45,000) or less may be performed by City employees by force account, by negotiated contract, or by purchase order. 2. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal bidding procedures as set forth in this section. 3. Public projects of more than one hundred seventy-five thousand dollars ($175,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure. C. Public projects shall not be split or separated into smaller work orders for the purpose of evading the requirements of the UPCCAA. D. Contractors List. The City shall comply with the requirements of Public Contract Code Section 22034. Ordinance No. 910 — Page 5 of 6 ATTACHMENT #1 P746 E. Informal Bidding. Public projects eligible for informal bidding under the UPCCAA may be let to contract as follows: 1. A notice inviting informal bids shall be circulated using one or both of the following alternatives: a. Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with paragraph C of this section. b. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided however, if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. 2. The City Manager or his or her designee is authorized to award contracts at or below the dollar limitation applicable to informal bidding. 3. If all bids received through the informal bidding process exceed one hundred seventy-five thousand dollars ($175,000), the City Council of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars ($187,500) or Tess, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. F. Formal bidding. Bidding on all public projects subject to formal bidding, shall done in accordance with the procedures set forth in Public Contracts Code § 22037 et seq." Section 5. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 6. The City Clerk shall certify as to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this day of O Ordinance No. 910 — Page 6 of 6 ATTACHMENT #1 P747 001. .44 • ,,t. 4 4F -Op P748 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jeff Bloom, Deputy City Manager/Economic and Community Development Matthew Addington, Associate Engineer NA - SUBJECT: CONSIDERATION TO CONDUCT FIRST READING OF ORDINANCE NO. 911 ADOPTING A LOCAL AGENCY MANAGEMENT PROGRAM (LAMP) ORDINANCE FOR ONSITE WASTEWATER TREATMENT SYSTEMS RECOMMENDATION: It is recommended that the City Council conduct a first reading of Ordinance No. 911 adopting a Local Agency Management Program (LAMP) for Onsite Wastewater Treatment Systems (OWTS). BACKGROUND: In order to better protect the environment and ground water quality, the State of California passed Assembly Bill 885 (AB885) which was approved by the Governor on September 27, 2000. Through AB885, the State Water Quality Control Board adopted a Water Quality Control for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems Policy (OWTS). Previously, onsite private sewage disposal systems (commonly called septic systems) and permits were issued under the authority of Appendix H of the California Plumbing Code and Board Resolution No. 89-157 (Minimum Lot Size Requirements and Exemption Criteria for New Development Using On -Site Septic Tank -Subsurface Leaching Percolation Systems) adopted October 13, 1989. ANALYSIS: In 2013, the State Water Quality Control Board adopted an OWTS Policy (Water Quality Control for Siting, Design. Operation, and Maintenance of Onsite Wastewater Treatment Systems) allowing cities to create their own Local Agency Management Program (LAMP). The OWTS Policy allows for local agencies to adopt a LAMP specific to the needs of the community and will allow the City of Rancho Cucamonga to maintain the minimum existing 1/2 -acre lot sizes within the northern portion of the City as a threshold for allowing a septic system. City staff developed a 145 -page LAMP document that has been reviewed by the State Board and approved at their meeting on June 16. 2017. It is expected to be the first City agency LAMP approved in San Bernardino County. Page 1 of 2 P749 CITY COUNCIL STAFF REPORT LOCAL AGENCY MANAGEMENT PROGRAM June 21, 2017 Page 2 The City may be subject to an audit of the LAMP annually with a minimum of one audit per permit cycle. The LAMP is required to be updated every 5 years based on the ground water quality in the City of Rancho Cucamonga. Each January, City staff will review the Cucamonga Valley Water District Public System Sampling Reports, the California Water Quality Assessment database and review the California Groundwater Ambient Monitoring database. From this information, staff will provide an assessment of the ground water quality in the general septic areas of the City as shown on Attachment 2. If the City chooses to not adopt this Ordinance, the City will fall under the OWTS Policy requirements for a "Tier 1" LAMP with all septic permits issued by the Lahonton Regional Water Quality Control Board with the nearest office in Victorville, California. "Tier 1" LAMP's require a minimum lot size of 2-1/2 acres for each septic system. FISCAL IMPACT: No fiscal impact is expected other than staff time to prepare an annual report to the State Water Quality Control Board. MID AND LONG RANGE PLANNING The long-term goals is to be able to improve the ground water quality within the City. ATTACHMENTS: Attachment 1 — Map of Rancho Cucamonga Septic Systems Attachment 2 — Ordinance No. 911 Page2of2 z ..Y/.n Septi •V • H O cu O Q caV 11) O CD 41 CD .�Y�..x My no..H uy..Wl. 1 11 a x 1 1 `r t.I,. i i �� ;1lrs /41,. ��1 ilii .• y'__? _1.-1'�� . I! _1..•a i r _... 3 / r1 ( 1 ; i t _- Vin' ,._. 1 1 i i '!- I- f !i'nII .._.. I .-r- ; -r • 1 „ _..I ! ` ^�! 1 1 rY V:. 1Vt f 1 • tiY 1Mr ATTACHMENT 1 ORDINANCE NO. 911 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING TITLE 19, ARTICLE 28 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATING TO ONSITE WASTEWATER TREATMENT SYSTEMS A. Recitals. 1. Assembly Bill 885, enacted in 2000 by the State legislature and codified in section 13290 through 13291.7 of the Water Code, directed the state Water Resources Control Board (SWRCB) to develop regulations or standards for onsite wastewater treatment systems (OWTS), to be implemented by qualified local agencies. The SWRCB issued those regulations in 2012 as its "Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems" (OWTS Policy). The OWTS Policy allows local agencies to approve alternative OWTS, based on a local ordinance, after approval of a Local Agency Management Program (LAMP) by the Regional Water Quality Control Board (RWQCB). 2. In coordination with the Santa Ana RWQCB, the City has developed a city-wide Tier 2 LAMP addressing the required elements of the OWTS Policy. 3. On June 16, 2017, the RWQCB held a public hearing and approved the city-wide Tier 2 LAMP by Resolution R8-2017-0012. 4. Following RWQCB approval of the city-wide Tier 2 LAMP, the City has prepared this ordinance in order to implement the LAMP. 5. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. Chapter 19.28, Onsite Wastewater Treatment Systems, is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 19.28 Section 19.28.010 Purpose Section 19.28.020 Definitions Section 19.28.030 City not responsible for damage. 1 P751 ATTACHMENT 2 P752 Section 19.28.040 Public sewer; connection to. Section 19.28.050 Onsite wastewater treatment systems; when used. Section 19.28.060 Onsite wastewater treatment systems subject to Santa Ana Regional Water Quality Control Board waste discharge requirements; City permit required; fee. Section 19.28.070 General Prohibitions, Violations. Section 19.28.080 General onsite wastewater treatment systems applicability standards; OWTS permit required. Section 19.28.090 OWTS permit application requirements. Section 19.28.100 OWTS permit fees. Section 19.28.110 Refusal to issue building permit. Section 19.28.120 Refusal to issue certification of occupancy. Section 19.28.130 State contractor's license required for installation or repair; registration fee. Section 19.28.140 Construction inspections. Section 19.28.150 Siting Standards. Section 19.28.160 Groundwater and Percolation Testing Requirements. Section 19.28.170 Septic Tank Requirements. Section 19.28.180 Leach Line System Requirements. Section 19.28.190 Vertical Seepage Pit System Requirements Section 19.28.200 Horizontal Seepage Pit Systems. Section 19.28.210 Alternative onsite wastewater treatment systems; Use of alternative systems. Section 19.28.220 Alternate onsite wastewater treatment systems siting and operational requirements; Variances permissible. P753 Section 19.28.230 Sewer wells; cesspools; seepage pits. Section 19.28.240 Holding tanks; portable toilets. Section 19.28.250 OWTS located in proximity to impaired water bodies. Section 19.28.260 OWTS failures; Corrective actions required. Section 19.28.270 Substandard systems. Section 19.28.280 Abandoned onsite wastewater treatment systems. Section 19.28.290 Abatement. Section 19.28.300 Notice of violation. Section 19.28.310 Appeal from denial, revocation or suspension. ONSITE WASTEWATER TREATMENT SYSTEMS 19.28.010 Purpose. The purpose of this chapter is to establish standards for the approval, installation, and operation of onsite wastewater treatment systems (OWTS) within the City of Rancho Cucamonga, consistent with the appropriate California Regional Water Quality Control Board (RWQCB) standards and basin plans. The standards are adopted to prevent the creation of health hazards and nuisance conditions and to protect surface and groundwater quality. The City has prepared a Local Agency Management Program (LAMP) for OWTS permitting and regulation throughout the City, and that program has been approved the California Regional Water Quality Control Board for the Santa Ana Region. 19.28.020 Definitions. As used in this chapter, the following terms and phrases have the following meaning: Above Ground Dispersal System means a covered sand bed elevated above original ground surface with an effluent leach field located in the sand bed. Accessory Structures mean a subordinate habitable building which is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be 3 P754 considered an addition to the main building. Includes habitable structures with sanitary sewer plumbing facilities regardless of whether a Building Permit is required, including, but not limited to, barns, guesthouses, second dwelling units, garages, storage buildings/sheds, and pool (swimming) houses/bathrooms. Basin Plan (or Water Quality Control Plan) means a plan which identifies surface and ground water bodies within each region's boundaries, and establishes for each, it's respective beneficial uses, and water quality objectives. Basin plans are adopted by the Regional Water Quality Control Board (RWQCB) and State Water Resources Control Board (SWRCB), and are approved by the Office of Administrative Law. Bedrock means the rock, usually solid, which underlies soil or other unconsolidated, surficial material. Building Official means the Building Official for the City of Rancho Cucamonga is the Building and Safety Services Director and is the officer or other designated authority charged with the administration and enforcement of the current adopted California Building Code, or a duly authorized representative. California Environmental Data Exchange Network (CEDEN) means a central location to find and share information about California's water bodies, including streams, lakes, rivers, and coastal oceans. CCR means California Code of Regulation (CCR, Cal. Code Regs.) is the codification of the general and permanent rules and regulations (sometimes called administrative law) announced in the California Regulatory Notice Register by California state agencies. Cesspool means an excavation in the ground receiving domestic wastewater, designed to retain the organic matter and solids, while allowing the liquids to seep into the soil. Clay is used to describe a soil particle, or type of soil texture: (i) As a soil: Particle — clay consists of individual rock or mineral particles having diameters of <0.002 millimeters (mm); (ii) As a texture — clay is a soil material that is comprised of 40%, or more, clay particles, not more than 45% sand, and not more than 40% silt particles using the United States Department of Agriculture (USDA) soil classification system. Cobbles mean rock fragments measuring 76 mm (3 inches) or larger, using the USDA soil classification systems. Director means the Director of the Rancho Cucamonga Building and Safety Services Department. 4 P755 Dispersal System means a type of system for final wastewater treatment and subsurface discharge, which may include a leach field, seepage pit, mound, subsurface drip field, or evapotranspiration and infiltration bed. Domestic Wastewater means Wastewater with a measured strength less than high strength wastewater, which is discharged from plumbing fixtures, appliances and other household devices. Domestic Well means a groundwater well that provides water for human consumption, and is not regulated by the SWRCB. Effluent means sewage, water, or other liquid (partially or completely treated, or in its natural state), flowing out of a septic tank, aerobic treatment unit, dispersal system, or other OWTS component. Electronic Deliverable Format (EDF) means the data standard adopted by the SWRCB for submittal of groundwater quality monitoring data to the State Water Board's Internet -accessible database system, Geotracker. Existing OWTS means an OWTS that was constructed, operating, and issued a permit prior to the effective date of the LAMP. Grease Interceptor means a passive interceptor with a rate of flow exceeding 50 gallons -per -minute located outside a building, and used for separating and collecting grease from wastewater. Groundwater means water below the land surface that is at, or above, atmospheric pressure. High Strength Wastewater means Wastewater, prior to septic tank or other form of OWTS treatment component, having: (i) A 30 -day average concentration of Biochemical Oxygen Demand (BOD) greater than 300 milligrams per liter (mg/L), and/or (ii) Total Suspended Solids (TSS) greater than 330 mg/L, and/or (iii) A Fats, Oil, and Grease (FOG) concentration greater than 100mg/L. Impaired Water Bodies/303(d) List means surface water bodies, or segments thereof, identified on the Section 303(d) list pursuant to the Federal Clean Water Act, approved by the SWRCB, and the United States Environmental Protection Agency (EPA). International Association of Plumbing and Mechanical Officials (IAPMO) means an association that assists individual jurisdictions, both in the United States and abroad, to meet their specific needs by coordinating the development and adaptation of plumbing, mechanical, swimming pools, and solar energy codes. 5 P756 Local Agency means any subdivision of state government responsible for permitting, installation, and regulation of OWTS within its jurisdictional boundaries; typically a county, city, or special district. Local Agency Management Program (LAMP) means a program for the siting, design, operation and maintenance of OWTS, developed by a local agency, and approved by the RWQCB as an alternate method to achieve the same policy purpose as that of OWTS policy. Major Repair means a repair for an OWTS dispersal system due to surfacing wastewater effluent from the dispersal field and/or wastewater backed up into plumbing fixtures because the dispersal system is not able to percolate the design flow of wastewater associated with the structure served, or for a septic tank as a result of compartment baffle failure, or tank structural integrity; failure such that either wastewater is exfiltrating, or groundwater is infiltrating. Mottling means a soil condition that: (i) Results from oxidizing or reducing minerals due to soil moisture changes from saturated to unsaturated over time, and/or (ii) Is characterized by spots or blotches of different colors or, shades of color (grays and reds), interspersed within the dominant color as described by the USDA soil classification system, and/or (iii) May indicate historic seasonal high ground water levels. Mound System means an above ground dispersal system, having subsurface discharge, used to enhance soil treatment, dispersal, and absorption of effluent discharged from an OWTS treatment unit (e.g., septic tank). National Sanitation Foundation (NSF) International means a not for profit, non-governmental organization which develops health and safety standards, and performs product certification. New Development means a proposed tract, parcel, industrial, or commercial development which has not been granted one or more of the following, on or prior to approval of the LAMP: (i) Approval, or conditional approval, of a tentative parcel or tract map by the City of Rancho Cucamonga, and/or (ii) A conditional use permit, and/or (iii) Approval, or conditional approval, from the City of Rancho Cucamonga Planning Department, and/or Building and Safety Services Department. New OWTS means an OWTS permitted after the effective date of this LAMP. Notice of Condition means a site specific document that is provided to the customer by Building and Safety Services. It is the owner's responsibility to ensure the document is recorded with the County Recorder's office. 6 P757 OWTS means onsite wastewater treatment systems that use subsurface disposal, including: individual; community collection and disposal; and alternative collection and disposal systems. This is also referred to as a Private Sewage Disposal System in the current adopted California Plumbing Code and may also be referred to in general vernacular by the public as a "septic system". The definition of OWTS does not include "graywater" systems pursuant to California Health and Safety Code, Section 17922.12. Percolation Test means a method of testing water absorption of the soil by using clean water to determine the dispersal system design. Permit means a document issued by a local agency that allows the installation, use, and/or monitoring of an OWTS. Projected Flows mean wastewater flows into the OWTS determined in accordance with any of the applicable methods for determining average daily flow in the California Plumbing Code. Public Water System means a system for the provision of water for human consumption, through pipes or other constructed conveyances, that has 15 or more service connections (or regularly serves at least 25 individuals daily), at least 60 days out of the year. Per California Health and Safety Code Section 116275(h), a public water system includes any: (i) Collection, treatment storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system; (ii) Collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system; (iii) Water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. Public Water Well means a ground water well serving a public water system. Qualified Professional means an individual licensed, or certified by a State of California agency, to design OWTS and practice as a professional for other associated reports, as allowed under their license or registration. Qualified Professionals include the following: (i) Professional Civil Engineers; (ii) Certified Engineering Geologists; (iii) Registered Environmental Health Specialists (REHSs); (iv) Registered Geologists; and (v) Geotechnical Engineers. Replacement OWTS means an OWTS that, after the effective date of this LAMP, has its treatment capacity expanded or its dispersal system replaced or added onto. Regional Water Quality Control Board (RWQCB) means a regional water board that regulates wastewater discharges to surface water (rivers, 7 P758 ocean, etc.) and to groundwater (via land). It also regulates storm water discharges from construction, industrial, and municipal activities; discharges from irrigated agriculture; dredge and several other activities with practices that could degrade water quality. Sand means a soil particle or type of soil texture. As a: (i) Soil particle — and consists of individual rock, or mineral particles, having diameters ranging from 0.05 to 2.0mm; and (ii) Soil texture — Sand is soil that is comprised of 85% or more sand particles, with the percentage of silt plus 1.5 times the percentage of clay particles comprising less than 15%. Seepage Pit means a drilled or dug excavation five (5) to seven (7) feet in diameter with a liner. It is also gravel filled (between the liner and the soil) and receives effluent discharge for dispersal from a septic tank or other OWTS treatment unit. Seepage Pit Cap means a cover placed on the top of the seepage pit liner. Septage means septic tank sludge, in particular the partially treated sludge stored in a septic tank or (less commonly) in a pit latrine. It is one type of fecal sludge. Septage is a by-product from the pretreatment of household wastewater in a septic tank where it accumulates over time. Septic Tank means a watertight, covered, receptacle designed for primary treatment of wastewater and constructed to: (i) Receive wastewater discharged from a building; (ii) Separate settleable and floating solids from liquid; (iii) Digest organic matter using anaerobic bacterial action; (iv) Store digested solids, and/or (v) Clarify wastewater for further treatment with final subsurface discharge. Service Provider means a person capable of operating, monitoring and maintaining an OWTS in accordance with this chapter. Silt means a soil particle or type of soil texture. As a: (i) Soil particle — Silt consists of individual rock, or mineral particles, having diameters ranging from 0.05 to 0.002mm; (ii) Soil texture — Silt is soil that is comprised of approximately 80% or more silt particles, and not more than 12% clay particles using the USDA soil classification system. Site means the location of the OWTS and/or a reserve dispersal area, capable of disposing 100% of the design flow from all the sources the OWTS is intended to serve. Site Evaluation means an assessment of the characteristics of the site, sufficient to determine its suitability for an OWTS that meets the requirements of this LAMP. 8 P759 Soil means the naturally occurring body of porous mineral and organic materials on the land surface, which is composed of: (i) Unconsolidated materials, including sand, silt, and clay sized particles; (ii) Varying amounts of larger fragments and organic matter; (iii) Earthen material with particles smaller than 0.08 inches (2mm) in size. Soil Texture means the soil class that describes the relative amount of sand, clay, silt, and combinations thereof. State Water Resources Control Board (SWRCB) means the five member State Water Board, which develops statewide water protection plans and establishes water quality standards. Supplemental Treatment means any OWTS, or component thereof, which performs additional wastewater treatment so the effluent meets performance requirements prior to the discharge of effluent into the dispersal field. This excludes septic and/or dosing tanks. Structure means a new separate stand-alone building which is separate from the main structure and does not have a common roof line with the main structure and which requires a plumbing permit. Surface Water Ambient Monitoring Program (SWAMP) means a unifying program created to fulfill the Legislature's mandate for the coordination of all water quality monitoring conducted by the State and RWQCBs. It is managed by a roundtable of monitoring coordinators from the SWRCB and nine RWQCBs. Telemetric means the ability to automatically measure and transmit OWTS data by wire, radio, or other means. Total Coliform means a group of bacteria consisting of several genera belonging to the family Enterobacteriaceae, which includes Escherichia coli (E. coli) bacteria. Tract means the development of more than one (1) lot or parcel, and/or more than one (1) structure discharging sewage wastes. USDA means the United States Department of Agriculture which provides leadership regarding food, agriculture, natural resources, and related issues. Waste Discharge Requirement means a permit issued for operation and discharge of waste pursuant to California Water Code Section 13260. 19.28.030 City not responsible for damage. 9 P760 The city is not liable or responsible for damage resulting from the defective construction of any OWTS as herein provided, nor will the city or any official or employee thereof be liable or responsible by reason of any inspection authorized hereunder. 19.28.040 Public sewer; connection to. A. Every property where there is proposed a residence, place of business, or other building or place which people occupy, or where persons congregate, reside, or are employed, and which abuts a street or alley located within an established sewer service district and outside such districts where required by the RWQCB, or which property line is within 200 feet of an approved available sanitary sewer, must be connected to the sanitary sewer in the most direct manner possible, provided a right-of- way and any necessary approval from the sewer service provider is first obtained. B. On property where an OWTS exists, and where such property abuts a street or alley located within an established sewer service district and outside such districts where required by the RWQCB, or which property line is within 200 feet of an approved available sanitary sewer, connection to the available sanitary sewer will be required at the time of system failure or when the building is remodeled, increased in square footage or altered in a manner as to change uninhabitable space into habitable space provided any necessary approval from the appropriate sewer authority is first obtained. C. The 200 foot connection requirement in subsections A and B above shall increase by 100 feet for each additional dwelling unit for any development in excess of a single family dwelling. For example, a 10 unit development will be required to connect to an available sanitary sewer if the sanitary sewer is within 1,100 feet [200 + (9 x 100 feet) = 1,100 feet] of the proposed development. 19.28.050 Onsite wastewater treatment systems; when used. A. Every residence, place of business, or other building, or place where persons congregate, reside, or are employed, and which cannot be connected to a sanitary sewer, must be provided with a water flush toilet connected to an approved OWTS. B. Every building, structure, or appurtenance that contains one or more waste producing fixtures such as toilets, sinks, showers or bathtubs, clothes washing machines, dish washing machines, animal wash pads, floor drains or other fixture or fittings intended to drain organic or inorganic waste material must be connected to an approved OWTS that meets the requirements of this chapter. 10 P761 C. Subject to local zoning restrictions and planning approval, multiple buildings on the same parcel, such as a main house and detached living unit or two or more agricultural housing units, may be served by a common OWTS located on that parcel, provided the OWTS is determined to have sufficient treatment and dispersal capacity for the expected wastewater flow from all buildings or facilities connected to the OWTS. 19.28.060 Onsite wastewater treatment systems subject to Santa Ana Regional Water Quality Control Board waste discharge requirements; City permit required; fee. A. Review and approval by the Santa Ana Regional Water Quality Control Board is required for OWTS in cases where: (a) the peak wastewater flow handled by the OWTS is more than 10,000 gallons per day; (b) the OWTS is a categorized as a community system, which serves multiple discharges under separate ownership; (c) OWTS receiving high strength wastewater, unless the waste stream: (i) is from a commercial food service facility with BOD less than 900 mg/L and (ii) has a properly functioning oil/grease interceptor; (d) wastewater treatment plants of any kind or size; or (e) the Santa Ana Regional Water Quality Control Board has otherwise determined that their review and approval is necessary and appropriate for water quality protection. OWTS that are subject to the requirements and approval of the Santa Ana Regional Water Quality Control Board are also required to obtain approval of the Director in accordance with the following: 1. The proposed system must be designed to accommodate the waste discharge consistent with the requirements of the Santa Ana Regional Water Quality Control Board. 2. The Director will require engineered sewerage plans to be submitted by a registered civil engineer or a registered environmental health specialist with experience in OWTS design before issuing a permit. 3. A registered civil engineer, professional geologist or a registered environmental health specialist will be required to inspect the construction of the OWTS and, upon completion, to submit a letter of certification to the Director verifying the proper installation and operation of the OWTS; 4. Site evaluations, plan submittals, design and construction details, inspection, and operation and maintenance shall be consistent with guidelines and procedures prescribed by this chapter. 11 P762 5. The applicant must obtain a permit(s) from the Director and pay a permit fee(s) in an amount established by resolution of the city council. Obtaining a land use permit of approval is not a substitute for an OWTS permit issued by the Building and Safety Services Department, nor does it guarantee issuance of an OWTS permit. 19.28.070 General Prohibitions, Violations. A. No person may construct, add to, repair, alter or maintain any OWTS, sewer pipes or conduits, or any other conduits for the treatment or discharge of sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health so as to cause any of the following to occur: 1. Sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health to empty, flow, seep, or drain onto the surface of any land. 2. Sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health to empty, flow, seep, drain into, or affect any well, spring, stream, river, lake, or other waters. 3. Result in any condition which, in the opinion of the director, is unsafe or dangerous, or creates a nuisance. B. A violation of this section is hereby declared a public nuisance. 19.28.080 General onsite wastewater treatment systems applicability standards; OWTS permit required. When a community sanitary sewer is not available and the property improvement will generate wastewater, the property owner must obtain an OWTS Permit from the City of Rancho Cucamonga Building and Safety Services Department. Any person, association, partnership or corporation desiring an OWTS Permit shall make an application to the City of Rancho Cucamonga Building and Safety Services Department on a form provided by the City. In addition to any requirements outlined in this chapter 19.28, a lot will be deemed to support onsite wastewater disposal if the OWTS permit applicant demonstrates the following: A. Soils are conducive to onsite wastewater disposal; B. A sanitary sewer is not available within 200 feet of the lot; an additional 100 feet shall be added per each dwelling unit proposed thereafter; 12 P763 C. Enough area is available to install an OWTS that meets property setbacks. For new construction, 100% expansion area must be available; D. OWTS will not impact ground or surface water quality; E. OWTS is appropriately sized to serve the intended land use; and F. For new industrial or commercial development projects utilizing septic tank -subsurface disposal systems, the wastewater flow for each one-half acre gross area of land may not exceed that from a three-bedroom, two bathroom single family -dwelling unit. For determining compliance with this criterion, a flow rate of 300 gallons per day shall be considered as the flow equivalent to that from a three-bedroom, two-bedroom single-family dwelling unit. Exemptions will not be granted for industrial or commercial parcels less than gross one-half acre in size. 19.28.090 OWTS permit application requirements. The OWTS permit application shall be submitted on a form provided by the City. In accordance with the requirements of the OWTS permit application, the OWTS permit applicant must prepare and submit the following supplemental documents: (i) a percolation test, (ii) a proposed layout design, (iii) a grading plan, (iv) a building plan, (v) access to a potable water supply, (vi) and all preliminary plans required for all necessary grading and building permits. These supplemental documents shall be prepared as follows: A. Percolation Test Required. A percolation test is required when grading or other soil disturbance has occurred in the proposed OWTS location or if the applicant desires not to use the City's standard percolation rates. The applicant shall submit a percolation test report and design as performed by a registered civil engineer, registered geologist licensed by the State of California Board of Professional Engineers. All percolation testing shall be performed in accordance with Section 9.28.160. B. Layout Design Required. With percolation test data and other data in hand, the applicant must develop and submit a Layout Design for the proposed building project and specific OWTS, for review by the City of Rancho Cucamonga Building and Safety Services Department. All OWTS layout design proposals shall demonstrate a one hundred (100%) percent reserve area for the active OWTS. The Layout Design must take percolation test data into account. In some cases, additional testing will include depth to groundwater measurements during a normal average rainfall year. 13 P764 In the alternative, the applicant may use the depth to ground water value used by the County of San Bernardino Stormwater Facility Mapping Tool. In some cases, the City of Rancho Cucamonga Building and Safety may conclude that a conventional or alternative OWTS cannot be safely used on the lot. Due to the potential for delays or disapproval, City of Rancho Cucamonga Building and Safety recommends that applicants submit a Layout Design and obtain an approval before incurring costs for detailed building plans and architectural fees. The approved Layout Design will state whether a field check of completed grading by the City of Rancho Cucamonga Building and Safety Services is required. The Layout Design Approval shall expire after one year from the date of issuance. 1. A layout design drawing of the proposed building construction and OWTS is required. This drawing should be prepared using standard engineer's scale on 8.5" x 11" or 11" x 17" minimum size paper. The basis for the OWTS design will be from percolation testing data and/or conditions of approval from a recorded subdivision map, parcel map, boundary adjustment, or certificate of compliance. The size of the OWTS is a function of the anticipated peak sewage flow based on the number of bedrooms, dwellings or use, and the percolation rate of the soil on the site. 2. The layout design must include the property drawn to the following minimum scales: (i) Single Family Home or Small Commercial Properties — 1 inch = 30 feet; (ii) Parcel Map, Subdivisions, Large Commercial Properties - 1 inch = 40 feet and must also show the proposed system, and 100% expansion area, including existing and potential structures, wells, streams, contours, significant vegetation (including trees), rock outcroppings, the location of all borings/tests, and the proposed house pad. 3. The proposed dwelling or development site must be located so the initial subsurface sewage disposal system (and the required 100% expansion area) functions by gravity flow, unless otherwise approved. When leach lines or pits serve a common system for two or more units, add 30% more square footage to the total absorption area, if approved by the Planning Department and Building and Safety Services Department. 4. The Layout Design shall contain the following information: (i) Site Address; (ii) Owner's Name, mailing address, and phone number; Consultant's/Contractor's name, mailing 14 P765 address, and phone number; (iii) Type of proposed construction residential vs. commercial); (iv) Number of existing or proposed bedrooms; (v) Purpose of project (e.g. new dwelling, new structure, guesthouse, an addition, etc.); (vi) Specify scope of work; (vii) Vicinity Map, Scale, North arrow, Thomas Bros. Map coordinates; Property Lines and lot dimensions; (viii) Percent slope and direction of fall; (ix) Proposed OWTS design detail; (x) All known, recorded easements on or within 20 feet of lot boundaries (open - space, utility, road, waterline, etc.); (xi) Source of potable water; Location of all public waterlines on or within 20 feet of property; (xii) Location of all wells on or within 200 feet of property; and (xiii) Any soils testing information, such as deep boring or percolation test, plotted on the design. 5. In preparing a layout design, the following setback requirements shall establish minimum spacing requirements from a component to the OWTS and to structures, property lines, easements, watercourses, wells, or grading: Table 19.28.090.B.3. OWTS Setback Requirements. System Component Setback Minimum Distance Septic Tank Structure 5 feet r Septic Tank Property Line, including the street/public right-of-way 5 feet Septic Tank Water Well 100 feet Septic Tank l Leach Lines 5 feet Septic Tank ' Seepage Pits 5 feet Septic Tank Structure 8 feet Leach Lines Property Line, including the street/public right-of-way 5 feet Leach Lines Water Well 1001 feet Leach Lines Leach Lines 4 feet center to center distance (See Table 19.28.090.6.3, Note 6) Leach Lines Seepage Pits 5 feet 15 P766 Leach Lines Water Mains (Public) 25 feet or 10 feet from the edge of easement Leach Lines Drainage Course 50 feet from centerline or top of bank' Leach Lines Flowing Stream/Creek 100 feet from spillway elevation Leach Lines Pond or Lake 100 feet from the high water line Leach Lines Water Supply Reservoir 200 to 400 feet from the high water linen Leach Lines Aqueduct 5:1 setback to pipeline' Leach Lines Road Easements/ Right -of- way 5 feet from the edge of ultimate easement width4 Leach Lines Cut Slopes 5:1 setback from top of cut slopes Leach Lines Private Utility Trenches 56 feet Leach Lines Ground Water 5 (vertical) feet Seepage Pits Structure 8 feet Seepage Pits Property Line, including the street/public right-of-way 8 feet Seepage Pits Water Well 1501 feet Seepage Pits Seepage Pits 12 feet from edge of excavation Seepage Pits Water Mains (Public) 25 feet or 10 feet from edge of easement Seepage Pits Drainage Course 50 feet from centerline or top of bank' Seepage Pits Flowing Stream/Creek 100 feet from edge of flow line or top of bank Seepage Pits Pond or Lake 100 feet from the spillway elevation Seepage Pits Water Supply Reservoir 200 to 400 feet from the high 16 Seepage Pits Aqueduct Seepage Pits water linen 5:1 setback to pipeline' Road Easements/ Right-of- way Seepage Pits Seepage Pits Seepage Cut Slopes 8 feet from edge of ultimate easement width4 5:1 set back from top of cut slopes Private Utility Trenches 56 feet Groundwater Notes: 10 feet (vertical) 1. The minimum setback required to a public water well is 150 feet and increases to 200 feet where the depth of the dispersal system exceeds 10 feet in depth. The minimum setback may be increased if site conditions show the minimum setback is insufficient to protect groundwater supplies. 2. Where the dispersal system is within 1200 feet of surface water intake point, the setback shall be 400 feet. Where the dispersal system is greater than 1200 feet of the surface water intake point, the setback shall be 200 feet. 3. Maximum setback of 100 feet. A reduction in setback to 50 feet may be considered with engineering to demonstrate no risk of sewage moving laterally to pipeline trench. 4. The setback may increase if the 5:1 setback to a road cut is greater than the minimum setback. 5. This maximum 100 foot setback would also be applied to the top of an eroded bank or natural slope in excess of 60%. A reduction in setback to 50 feet may be considered with engineering to demonstrate no risk of sewage surfacing on the face of the bank or slope. 6. For trenches less than 2 feet in depth, a 5:1 setback based on the trench depth can be used. 7. Setback increases to a 5:1 setback if drainage is greater than 10 foot in depth. 8. Refer to 19.28.090 "Siting Requirements" for other references. 17 P767 P768 C. Grading Plan Review. Following Layout Design Review, a Grading Plan Review may be required by the Building and Safety Services Department as a condition of approval of the OWTS Layout Design. A field check may also be required upon completion of grading. D. Building Plan Review. Plans for a new or second dwellings must be submitted to the Planning Services Department for processing and approval. Upon submittal of the plans, the owner/agent shall meet with staff at the City of Rancho Cucamonga Building and Safety Services counter for a verification of bedrooms and plot plan concurrence with the approved layout. Bedrooms are used to determine the potential occupancy of a dwelling and therefore the potential amount of wastewater that will be generated. Guidelines for Determining the Number of Bedrooms: 1. Once the living room, dining room, family room, kitchen, bathrooms, and utility rooms have been established, all other rooms shall be considered as potential sleeping rooms. Dens, libraries, studies, weight rooms, sewing rooms, workshops, etc., shall be determined as bedrooms if they do not conform to the criteria listed below. 2. All other habitable rooms totaling at least seventy (70) square feet in size are to be considered bedrooms suitable for sleeping purposes, regardless of whether or not they contain closets or have direct access to a bathroom. 3. Rooms that open to a living room, dining room, family room, kitchen, or entry way, and have a single, un -obstructive opening (no doors) with a minimum 50% opening of the total wall space (minimum 6' wide) with archways or other acceptable means shall not be considered as bedrooms, due to the lack of personal privacy presented by the opening. 4. Rooms that can only be accessed through another bedroom are to be considered part of that bedroom, such as master suite and not an additional bedroom. 5. Any cases, which will require the relocation or modification of doorways, are to be reviewed and approved by the Planning Department and Building and Safety Services to address any structural considerations such as load bearing walls. This is to be done prior to approval or sign -off by the City of Rancho Cucamonga Building and Safety Services. E. Proof of Potable Water Supply Required. The applicant must demonstrate the proposed development's access to a potable 18 P769 water supply. A public water supply should be confirmed with proof of a service availability letter from the Cucamonga Valley Water District (CVWD), or a water bill showing the property is served by a local water agency. The use of any new domestic water well will require proof of potability and be subject to reviews and approvals by all agencies involved. A copy of the Well Laboratory Report that indicates the absence of bacteria and nitrate contamination of less than 10 mg/1 of Nitrate -N or 45 mg/1 of nitrate will be necessary for proof of potability of a private well. The date of the test cannot be more than one year old. If a valid test does not exist, the well must be sampled by client's consultant for bacteriological and nitrate levels. Hand -dug water wells will not be accepted as a potable water supply. F. The applicant shall submit all preliminary plans and applications to the Planning Services Department for review prior to obtaining all necessary grading and building permits. G. An OWTS installation permit will be valid for one hundred eighty (180) days, which period shall commence at the date of issuance. Upon the expiration of the initial one hundred eighty (180) day period, the property owner or contractor may request an extension of an additional one hundred eighty (180) day period. H. Once the OWTS installation permit has been obtained, the OWTS may be installed. The OWTS shall be inspected by the city Building and Safety Services Department before the system may be backfilled. If inspection is satisfactory, the city shall approve a final OWTS permit. Any change in the OWTS plans after the issuance of a permit must first be approved by the Director. Failure to obtain approval from the Director will invalidate the permit. I. The approval or permit cannot be transferred. Failure to obtain an OWTS permit from the Department of Building and Safety Services is a violation of this chapter. The Director may revoke a permit or approval issued pursuant to this chapter in case of any false statement, or misrepresentation of fact in the application or on the plans on which the permit or approval was based. 19.28.100 OWTS permit fees. Permit fees for OWTS subject to this chapter and all related fees will be an amount established by resolution of the City Council. 19.28.110 Refusal to issue building permit. 19 P770 No building permit may be issued for any building requiring a sewage disposal system that is not to be connected to an approved sanitary sewer unless the applicant has received an OWTS permit. 19.28.120 Refusal to issue certification of occupancy. A. No certification of occupancy may be issued for any building that is not connected to an approved sanitary sewer unless the applicant has received an OWTS permit. B. No person may occupy or otherwise use any premises or building that has not been connected to an approved sanitary sewer or approved OWTS. 19.28.130 State contractor's license required for installation or repair; registration fee. A. No person may install, construct, alter, enlarge, reconstruct, replace, improve, recondition or repair an OWTS pursuant to this chapter unless: the person possesses a general engineering contractor's license (class A) as defined in section 7056 of the Business and Professions Code, or a Class C-42 sanitation system contractor's license or Class C-36 plumbing contractor's license from the Contractors State License Board of the State of California. B. The property owner may construct or repair an OWTS on his/her own property, which system serves or will serve the building on the property that is neither being offered for sale nor intended to be so offered, provided: 1. Persons hired by the owner to do the subject work must comply with section 19.28.080(a); or 2. Persons hired by the owner must be hired as employees of the owner and the owner must provide workman's compensation insurance, as required by law; and 3. An OWTS permit is first obtained. 19.28.140 Construction inspections. A stamped copy of the building plans for the approved OWTS must be kept available at the jobsite during system installation and until the system passes final inspection by the Director of Building and Safety Services. Inspections of each new installation must be made to ensure compliance with all the requirements of this Code. Requests for inspection must be made at least one business day in advance of the commencement of work. In the event the Director of Building and Safety Services determines 20 there has been an improper installation, a stop -work order may be posted on the jobsite. Before any further work is done on a posted system, clearance from the Director of Building and Safety Services must be obtained. 19.28.150 Siting Standards. A. Setback Requirements. The following table provides the minimum requirements for the installation of OWTS for either new or existing structures. Table 19.28.150.A. Setback Requirements. Minimum Setback Required From (feet) Septic Tank Disposal Field Seepage Pit— Non-Public Water Supply Well' 88 1008 1002 1502 Public Water Supply Well' 100 1502 200 Buildings or Structures3 5 8 8 Property line, including Street Right of Way Line 5 5 8 Streams and other flowing bodies of water9 100 100 150 Drainage Course 50 50 50 Lakes, ponds, and other surface water bodies10 200 200 200 Large Trees4 10 - 10 Seepage pits 5 5 12 Disposal field 5 46 5 Onsite domestic water lines (building service line) 5 5 5 Public Domestic Water Lines 25 25 25 Distribution Box n/a 5 5 Ground surface on sloping ground n/a 15 15 Groundwater -6 5 57 10 Notes: 21 P771 P772 1. Drainage piping will clear domestic water supply wells by not less than 50 feet. This distance will be permitted to be reduced to not less than 25 feet where the drainage piping is constructed of materials approved for use within a building. If the dispersal system does not exceed 10 feet in depth, then the horizontal sanitary setback will be 150 feet. If the dispersal system exceeds 10 feet in depth, then the horizontal sanitary setback will be 200 feet. If the dispersal system exceeds 20 feet in depth, then the horizontal sanitary setback will be 600 feet. 2. For any system discharging 5,000 gallons per day (GPD), or more, the required setback will be increased to 200 feet. 3. Includes porches and steps whether covered or uncovered, breezeways, roofed porte cocheres, roofed patios, carports, covered walls, covered driveway, and similar structures or appurtenances. 4. Any tree with a trunk diameter of one foot or more within 5 feet of the system that will not be removed during construction. 5. The highest known level to which groundwater is known to have occurred rather than the level at the time when testing occurred. 6. Plus 2 feet for each additional foot or depth in excess of 1 foot below the bottom of the drain line. 7. For any system utilizing advanced treatment, this minimum separation may be reduced to 2 feet with approval under the Advanced Protection Management Program (APMP) (refer to Chapter 12: Tier 3 -Advanced Protection Management Program for Impaired Areas for more information regarding the APMP) and the Regional Water Quality Control Board (RWQCB). 8. Unless regulatory or legitimate data requirements necessitate that monitoring wells be located closer. 9. Where the edge of the water body is the natural or levied bank for creeks and rivers, or may be Tess where site conditions prevent mitigation of wastewater to the water body. 10. Where the edge of the water body is the high water mark for lakes and reservoirs and the mean high tide line for tidally influenced water bodies. B. On sites with natural slopes of 25% or greater, the siting and design of the leaching system shall be performed in accordance with 22 P773 recommendations prepared by a licensed professional geotechnical engineer. C. Criteria specified in Table 19.28.150.A, above must be met within the area of the proposed system and within the 100% expansion area for the proposed system. Depth of earth cover required over the dispersal field is twelve (12") inches. When the dispersal field cannot be installed twelve inches below the ground surface, and meet the above separation requirements, then a supplemental treatment system will be required. D. OWTS located near public water systems shall be subject to increased setback requirements, such as OWTS located with 1200 feet of a surface water intake. E. Density and minimum lot size requirements. All new development requires a minimum lot size of one-half acre (21,780 square feet), average gross, per dwelling unit, including accessory structures, is required for all new developments, which do not have access to a public sewer as required under 19.28.040 of this chapter. The public street area adjacent to the net lot area may count towards the minimum one-half acre gross lot size for OWTS. For new development for industrial or commercial properties, the wastewater flow for each one-half acre of land may not exceed that from a single dwelling unit. When determining compliance with this criterion, a flow rate of 300 gallons per day will be considered equivalent to a single family dwelling unit. This flow rate shall be prorated for commercial or industrial developments with Tots smaller than one-half acre, or the equivalent of 20 fixture units. F. Minimum Lot Size Exemptions. 1. The minimum lot size requirements do not apply to existing properties with OWTS which were installed prior to the effective date of this chapter. 2. New development occurring upon single family residences with existing septic systems that will accommodate additional wastewater flows, caused by additional installations such as rooms, bathrooms or accessory structures. A septic certification may be required to verify the septic tank and disposal field capacity to accept additional wastewater flows. 3. Tracts, parcels, and/or commercial/industrial developments which received land use approval from the City of Rancho Cucamonga prior to August 21, 2017 are exempt from the 23 P774 are exempt from the minimum lot size requirements and shall not be less than one-half acre per this chapter for the use of septic tank subsurface disposal systems. 4. New lots, which are smaller than one-half acre, may be formed by combining through a lot merger two or more existing lots which have received land use approval prior to the effective date of the LAMP. Individually, these lots would be eligible for an exemption from the minimum lot size requirement. Developments on combined lots may also qualify for an exemption provided that the total number of units proposed for the new parcel is equal to, or less than the total number of units proposed for the existing parcel and/or when an alternative treatment system is utilized. When requesting to use an alternative treatment system, each system will be reviewed on a case-by-case basis, and will require the approval of Building and Safety Services and the Santa Ana Regional Water Quality Control Board. 19.28.160 Groundwater and Percolation Testing Requirements. A. Groundwater Testing Procedures. 1. Test borings in the area of an OWTS shall extend to a minimum of 15 feet unless refusal is reached. Deeper depths may be required depending on site-specific conditions as determined by the City of Rancho Cucamonga Building and Safety Services or the project qualified professional. Site- specific conditions may include, but not be limited to; the proposed depth of the system, local geology, soil types encountered, elevation and terrain, features on site, evidence and/or knowledge of historic ground water levels in the area, and the anticipated fluctuation of the groundwater table in times of normal to above normal annual rainfall. 2. Test borings in the area of a vertical seepage pit or horizontal seepage pit system shall extend to at least 10 feet deeper than the bottom of the proposed pit(s). 3. Since groundwater does not always immediately flow into a test boring, the City of Rancho Cucamonga Building and Safety Services requires a minimum of 72 hours pass before an accurate groundwater measurement is taken. The qualified professional and/or the property owner maintain full responsibility for protecting the public from any hazards related to the test borings. It is recommended that all test borings that encounter groundwater be converted to 24 P775 observation wells so the groundwater conditions can be monitored over time. 4. If the qualified professional does not wish to complete the test borings as observation wells, they can cover the test boring, place safeguards around the borings to prevent unauthorized access and make an appointment for the City of Rancho Cucamonga Building and Safety Services staff to observe the boring at least 72 -hours after the boring has been completed. 5. During periods of below normal average rainfall, or after periods of drought where there has not yet been sufficient ground water recharge, the absence of groundwater in test borings in areas where groundwater is suspect may not mean that approval to issue a septic tank permit can be granted. It may be necessary for the City of Rancho Cucamonga Building and Safety Services and the qualified professional to monitor the test borings for a sufficient period of time to determine where groundwater will rise to during normal to above normal rainfall. B. Percolation Testing Procedure. All percolation testing for dispersal systems except vertical seepage pits in the City of Rancho Cucamonga shall be conducted through the use of the following procedures. The test shall be performed by or under the direct supervision of a California registered professional engineer or geologist. Any deviation shall be authorized only after receiving written approval by the City of Rancho Cucamonga Building and Safety Services. Percolation testing shall be required for all new OWTS for non-residential development and for residential development comprising more than one dwelling unit, where a percolation report has not previously been completed. A one -lot custom single family home may use the city's currently adopted California Plumbing Code, Appendix H — Private Sewage Disposal Systems, Section H 3.0 - Area of Disposal Fields and Seepage Pits, and the included Table H 2.1(2) — Design Criteria of Five Typical Soils for the design of the seepage pit or the leech field. 1. Test Holes. A minimum of four test holes is required when percolation rates are less than 60 minutes per inch (mpi). A minimum of six test holes is required when the average percolation rate is more than 60 mpi. Additional test holes may be necessary on a site specific basis for reasons that include, but are not limited to the following: (i) Unacceptable 25 P776 or failed tests; (ii) Areas of the disposal field requiring defined limits for exclusion; (iii) The disposal system is located out of a concentrated area; and (iv) Soil conditions are variable or inconsistent. All test holes shall be representative of the dispersal system installation depth. If the proposed development site has any of the following characteristics, test holes must be extended below the proposed dispersal system installation depth: (i) Shallow or consolidated rock or impervious soil layers; (ii) slopes exceeding twenty-five (25%) percent; or (iii) other factors as might be determined by sound geotechnical engineering practices. 2. There shall be a minimum of ten (10) feet of soil above any imperious formation such as rock, clay, adobe, and/or water table. Fractured rock and consolidated granites will not be considered as soil. Deep testing may be required to ensure uniform conditions exist below the disposal field. 3. Depending upon the scope of grading for a project, the Planning Department may require a conceptual grading plan and Building and Safety Services may require a grading plan. If a grading plan is required it should be included with the percolation report submittal. A grading plan helps Building and Safety Services ensure testing was done at the correct depths. Where grading is expected, include the original and finished elevations in the grading plan. For details on how to complete a grading plan contact the Building and Safety Services Department. 4. Percolation testing shall be conducted by, and all accompanying reports prepared by a Qualified Professional. 5. Prior to reviewing a percolation test, Building and Safety Service may require a site evaluation during percolation testing to ensure proper system design, and evaluate site location to ensure that the system will be in compliance. For soil to be considered uniform, test results must fall with twenty-five (25%) percent of the mean percolation rate. Determining the number of percolation tests required will be based on soil conditions and project type. 6. For areas which are primarily Sandy Loam or Sandy Clay, a field design of 60 square feet per 100 gallons. 7. For areas which are primarily Clay wither considerable sand or gravel, a field design of 90 square feet per 100 gallons. 26 P777 8. Percolation rates in excess of 120 minutes per inch shall be deemed conclusive evidence that the soil is impermeable is not suitable for an OWTS. C. Percolation Testing Reports. All testing data and required result information shall be submitted to City of Rancho Cucamonga Building and Safety Services on forms approved by the city. A minimum of three copies is required. All reports shall be signed with an original signature and seal by the consultant who either performed or supervised the testing. All percolation testing is to be performed by a licensed civil engineer or geologist registered in the State of California. 19.28.170 Septic Tank Requirements. A. All conventional OWTS require the use of a septic tank to allow for the removal of solids in the wastewater prior to being discharged to the dispersal field. Alternative OWTS also require a septic tank unless a settling chamber is a component of the treatment unit. B. Septic Tank Requirements: 1. Septic tanks must be certified by the International Association of Plumbing and Mechanical Officials (IAPMO). 2. The tank shall be watertight and possess two chambers. 3. Septic tanks shall be certified by the manufacturer to allow for burial without being water filled to allow for routine maintenance or to be used as a holding tank as needed. 4. Septic tanks shall be installed per the manufacturer's instructions. 5. The bottom of the excavation for the tank shall extend into native or compacted soils to eliminate potential settling issues. 6. Septic tank location must take into account maintenance and pumping requirements including vehicle access; and distance and elevation lift to pumper truck. 7. All tanks must have a capped tee or a 90 degree elbow fitting on the inlet to prevent gas exchange between the tank and the house plumbing. Inlet tees must extend at least 14 inches below the liquid level. 27 P778 8. Outlet tees must be uncapped and must extend at least 12 inches below the liquid level. 9. The outlet elevation shall be between 2 and 6 inches lower than the inlet elevation to ensure proper fall without a significant loss of volume. 10. Fall between the outlet of the septic tank and the dispersal field shall be continuous with a minimum fall that that ensures the outlet pipe is 4 inches higher than the top of the seepage pit system or 4 inches above the top of the leach rock or other components used in the dispersal system on a level system, or a distribution box if multiple seepage pits or leach lines are constructed. 11. Septic tanks with greater than 6 inches of cover must have risers to within 6 inches of finished grade. Risers and lids that are at or above grade must be watertight and lockable or require tools to be opened. 12. Septic tank risers must have a current IAPMO certification prior to use. Concrete risers and lids must be constructed of Type V concrete or be protected from corrosion from sewer gases. The interior diameter of the riser shall be a minimum of eighteen (18) inches. 13. Effluent filters must be IAPMO approved if they are to be installed as part of the outlet tee. 14. Septic tanks installed in areas of vehicular traffic must be certified to withstand the proposed Toads or have an engineered traffic slab installed to accommodate the proposed loads. 15. Minimum tank size is 1000 gallons for residential and 750 gallons for non-residential structures. 16. Septic tanks shall be sized according to anticipated wastewater flows from the structure(s). The following standard sizes shall apply: (i) 1-3 bedroom single family dwelling (0-450 GPD) 1000 gallons; (ii) 4 bedroom single family dwelling (450-600 GPD) 1200 gallons; (iii) 5-6 bedroom single family dwelling (601-900 GPD) 1500 gallons; and (iv) Flows greater than 900 GPD must utilize the following formula to determine minimum tank sizing: 1125 gallons + (.75)(Flow in GPD). 28 P779 17. The permitted plan set shall contain a note requiring the septic tank to be filled with water, without leakage, at the time of the first inspection. 19.28.180 Leach Line System Requirements. A. Leach line systems are limited to soils with percolation rates of 120 minutes per inch or less. Percolation rates in excess of 120 minutes per inch are unsuitable for the installation of an OWTS dispersal system. 1. At least four percolation test holes at each leach field location should be provided to represent soil types at the depth of the proposed leach lines. At least one deep boring should extend to a depth of at least 15 feet or to impermeable material but in no case shall there be less than 5 foot of unsaturated, permeable soil below the bottom of the leach line trench. For areas of suspected high groundwater, deep borings are recommended to be 20'-25' to help determine gradients during varying rainfall periods. 2. Backhoe excavations may be required to demonstrate uniformity of soil throughout the leach field area(s). Leach line dispersal systems are limited to slopes of 25 percent (4:1) or less. B. Soil Cover Requirements. The maximum soil cover allowed over the top of the infiltrative surface is 48 inches, measured from the top of the leach rock chamber/etc. to the ground surface. The minimum cover required over the top of the infiltrative surface is 12 inches. Soil cover requirements must also conform to those allowed by the manufacturer of any gravel-less/chamber design. C. Leach Line Dimensions. Leach lines are to be installed according to the qualified professional's specifications for location, length, width, and depth. Leach lines are to be spaced at least 10 feet apart, measured center to center. Leach lines shall be installed with a width of no less than 18 inches and no more than 36 inches. Regardless of trench width or materials used, dispersal systems using leach lines shall be designed using not more than 1.5 square feet of infiltrative area per liner foot of trench as the infiltrative surface. No reduction in sizing is allowed for the use of chambers. The minimum length of leach trench for a new OWTS using leach lines as the dispersal system shall be 200 feet regardless of the projected wastewater flows. A 100% reserve area shall be required for all leach line systems. Properties that previously were required 29 P780 to maintain areas of 200% or 300% reserve shall now have a 100% reserve area requirement in place of the previous requirement. D. Materials and Construction Considerations. Leach lines shall not be placed under impermeable surfaces. Leach lines that are later covered by impermeable surfaces may not be considered as viable for purposes of determining primary and reserve area requirements. All piping and materials used in leach line systems including gravel-less/chamber systems must have IAPMO approval and must be approved by City of Rancho Cucamonga Building and Safety Services prior to installation. Leach lines that utilize gravel shall be filled with clean, washed leach line rock to a point at least 4 inches above the top of a 4 inch perforated pipe and shall have a minimum of 12 inches of gravel below the pipe. The rock shall be graded at 1 to 1.5 inches in size and shall be covered with straw, untreated building paper or a geotextile fabric prior to backfill to prevent the infiltration of soil into the rock. Where multiple leach lines are proposed on sloping ground, a distribution box must be used to connect the leach lines. Leach line trenches shall be installed with the trench bottom and materials used being level to within 2 inches per 100 feet. E. Leach Lines on Steep Slopes. The following requirements must be met for the installation of leach line trenches on slopes exceeding 25 percent (4:1) without necessitating the grading of terraces. 1. The maximum slope allowed for leach line trenches is 40 percent (2-1/2:1 slope). 2. All leach lines on steep slopes shall be installed in 5 foot deep trenches with 12 inches of leach rock below the leach pipe or with approved chambers or other gravel -less system. 3. The design of disposal systems on steep slopes requires the experience and expertise to address conditions relative to soil, slope stability, and subsurface conditions which require professional judgment and technical knowledge. Designs for steep slope systems will only be approved when submitted by a qualified professional licensed in the State of California. 4. Testing must provide data representative of the entire disposal area and demonstrate that conditions are uniform below the entire disposal area. The minimum testing required is: (i) Six percolation tests at a depth equal to the proposed trench depth; (ii) Two percolation tests five feet below the proposed trench depth; (iii) Percolation testing must show rates of 120 minutes per inch or Tess; and (iv) At 30 P781 least two soil profile borings demonstrating uniform conditions throughout the disposal area to a depth of 10 feet below the proposed trench depth. 5. Design reports must include the following: (i) Cross section(s) hillside soil profile(s); (ii) Detailed boring Togs of all test holes and borings; (iii) Scaled layouts and profiled designs based on accurate topography; (iv) Any grading proposed on the site in the disposal area; (v) A slope stability report or statement from a qualified professional; (vi) Any grading, proposed to create a stable work area for trench installation, may be subject to review for conflict with Building and Safety Services Department. F. Leach Line System Length. Table 19.28.180. Leach Line System Length Requirements. LEACH RATE LINE TRENCH LENGTH Number of Bedrooms (feet) BASED ON PERCOLATION TEST of Bedrooms Perc Rate Perc Rate Number MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 1 200 200 240 270 280 300 31 280 350 420 480 535 595 2 200 200 240 270 280 300 32 280 355 430 480 535 595 3 200 200 240 270 280 300 33 290 360 430 490 545 605 4 200 220 260 290 300 310 34 290 360 440 490 545 605 5 200 240 290 320 320 340 35 290 365 440 500 555 615 6 200 250 300 340 350 360 36 300 370 440 500 555 615 7 210 260 310 350 370 380 37 300 370 450 500 555 615 8 210 265 320 360 390 400 38 300 375 450 510 565 625 9 220 270 320 360 400 410 39 300 380 460 510 565 625 10 220 275 330 370 410 420 40 300 380 460 520 575 635 11 220 280 340 380 420 430 41 310 385 460 520 575 635 12 230 285 340 380 430 440 42 310 390 470 530 585 645 31 P782 LEACH LINE TRENCH LENGTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 13 230 290 350 390 430 450 43 310 390 470 530 585 645 14 235 295 350 400 440 460 44 310 395 480 540 595 655 15 240 300 360 400 450 470 45 320 400 480 540 595 655 16 240 300 360 410 450 490 46 320 400 480 540 595 655 17 240 305 370 410 460 500 47 320 405 490 550 605 665 18 250 310 370 420 460 510 48 330 410 490 550 605 665 19 250 310 380 420 470 520 49 330 410 500 560 615 675 20 250 315 380 430 470 520 50 330 415 500 560 615 675 21 260 320 380 430 480 530 51 340 420 500 560 615 675 22 260 320 390 440 480 530 52 340 420 510 570 625 685 23 260 325 390 440 490 550 53 340 425 510 580 635 695 24 260 330 400 450 500 560 54 340 430 520 580 635 695 25 260 330 400 450 500 560 55 340 430 520 580 635 695 26 270 335 400 450 510 570 56 350 435 520 590 645 705 27 270 340 410 460 515 575 57 350 440 530 590 645 705 28 270 340 410 460 515 575 58 350 440 530 600 655 715 29 270 345 420 470 525 585 59 350 445 540 600 655 715 30 280 350 420 470 525 585 60 360 450 540 610 665 725 LEACH LINE TRENCH LENGTH BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 32 P783 LEACH LINE TRENCH LENGTH BASED of Bedrooms ON PERCOLATION TEST RATE Perc Rate Number Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 61 370 460 550 620 690 740 91 680 770 860 930 980 1020 62 380 470 560 630 680 720 92 695 785 875 945 995 1035 63 390 480 570 640 690 730 93 710 800 890 960 1010 1050 64 400 490 580 650 700 740 94 725 815 905 975 1025 1065 65 420 500 580 660 710 750 95 740 830 920 990 1040 1080 66 420 510 600 670 720 760 96 755 845 935 1005 1055 1095 67 430 520 610 680 730 770 97 770 860 950 1020 1070 1110 68 440 530 620 690 740 780 98 785 875 965 1035 1085 1125 69 450 540 630 700 750 790 99 800 890 980 1050 1100 1140 70 460 550 640 710 760 800 100 815 905 995 1065 1115 1155 71 470 560 650 720 770 810 101 830 920 1010 1080 1130 1170 72 480 570 660 730 780 820 102 845 935 1025 1095 1145 1185 73 490 580 670 740 790 830 103 860 950 1040 1110 1160 1200 74 500 590 680 750 800 840 104 875 965 1055 1125 1175 1215 75 510 600 690 760 810 850 105 890 980 1070 1140 1190 1230 76 520 610 700 770 820 860 106 905 995 1085 1155 1205 1245 77 530 620 710 780 830 870 107 920 1010 1100 1170 1220 1260 78 540 630 720 790 840 880 108 935 1025 1115 1185 1230 1270 79 550 640 730 800 850 890 109 950 1040 1130 1200 1250 1290 80 560 650 740 810 860 900 110 965 1055 1145 1215 1265 1305 81 570 660 750 820 870 910 111 980 1070 1160 1230 1280 1320 82 580 670 760 830 880 920 112 995 1085 1175 1245 1295 1335 83 590 680 770 840 890 930 113 1010 1100 1190 1260 1310 1350 33 P784 CH LINE TRENCH LENGTH BASED ON PERCOLATION TEST RATE Note: MPI means minutes per inch. Conversion Factor example. (1 inch of drop/ # Perc Rate) x 60 minutes per hour = 6 inches/hour. 19.28.190 Vertical Seepage Pit System Requirements. A. Permitted Locations. 1. Any lot previously approved for the use of a vertical seepage pit must meet all current requirements found in this section to be considered for development based on the use of a vertical seepage pit. A new custom single family house may use the sizing criteria for existing lots. 2. New lots containing two or more OWTS units, upon the recommendation and design by a qualified professional soils engineer. B. Percolation Test Procedures for Vertical Seepage Pit Systems. All vertical seepage pits for new construction, or for 2 or more Tots, will require percolation testing by a qualified professional certified to perform percolation tests in City of Rancho Cucamonga. A waiver of testing can be considered where adequate information exists as to soil types, depth and permeability. Percolation testing for vertical seepage pits shall be completed per the following guidelines: 1. A 12 to 48 inch diameter test hole shall be excavated to a depth of at least 10 feet deeper than the proposed installation depth. 34 Number of Bedrooms Perc Rate Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 84 600 690 780 850 900 940 114 1025 1115 1205 1275 1325 1365 85 610 700 790 860 910 950 115 1040 1130 1220 1290 1340 1380 86 620 710 800 870 920 960 116 1055 1145 1235 1305 1355 1395 87 630 720 810 880 930 970 117 1070 1160 1250 1320 1370 1410 88 640 730 820 890 940 980 118 1085 1175 1265 1335 1385 1425 89 650 740 830 900 950 990 119 1100 1190 1280 1350 1390 1440 90 665 755 845 915 965 1005 120 1120 1210 1300 1370 1420 1460 Note: MPI means minutes per inch. Conversion Factor example. (1 inch of drop/ # Perc Rate) x 60 minutes per hour = 6 inches/hour. 19.28.190 Vertical Seepage Pit System Requirements. A. Permitted Locations. 1. Any lot previously approved for the use of a vertical seepage pit must meet all current requirements found in this section to be considered for development based on the use of a vertical seepage pit. A new custom single family house may use the sizing criteria for existing lots. 2. New lots containing two or more OWTS units, upon the recommendation and design by a qualified professional soils engineer. B. Percolation Test Procedures for Vertical Seepage Pit Systems. All vertical seepage pits for new construction, or for 2 or more Tots, will require percolation testing by a qualified professional certified to perform percolation tests in City of Rancho Cucamonga. A waiver of testing can be considered where adequate information exists as to soil types, depth and permeability. Percolation testing for vertical seepage pits shall be completed per the following guidelines: 1. A 12 to 48 inch diameter test hole shall be excavated to a depth of at least 10 feet deeper than the proposed installation depth. 34 P785 A minimum 10 foot separation between the bottom of the vertical seepage pit and the anticipated high groundwater level is required. 3. Boring logs shall be recorded and included with all test reports indicating soil strata depths and types and visual classification according to the unified soil classification system along with any groundwater encountered. 4. The overdrill must be checked for the presence of groundwater a minimum of 24 hours after the completion of the test boring to allow time for groundwater to stabilize in the hole. 5. After the groundwater reading is recorded, the test hole shall be backfilled to a depth 10 feet above the bottom of the test hole or the groundwater level whichever is shallower. 6. The pit shall be filled with water to the cap depth and a continuous pre-soak shall be maintained at the proposed cap level for a minimum 8 -hour period. In highly permeable soils when cap levels cannot be maintained during pre-soak, the test shall be conducted at a depth no higher than the pre-soak level which was attained. Document the pre-soak attempt with gallons of water used. In no case shall less than 5,000 gallons of water be used within a 1 hour period in the attempted pre-soak when the cap level cannot be maintained. The depth of the test shall be noted on the boring log and in no case shall the sidewall of permeable soil below the cap level be less than ten foot. 7. Upon completion of the pre-soak period, fill the pit to cap level and determine uniformity of soil by measuring the falling head. Distance to the water level shall be measured at 15 minute intervals, or more frequently if needed, until the drop stops or the pit empties. A graph of the drop in water level shall be attached to all proposals submitted by the qualified professional. If non-uniform rates persist, the soil will not be considered uniform and the tests discontinued as they will not be approved by City of Rancho Cucamonga Building and Safety Services. 8. If the procedure in Item no. 4 demonstrates uniform soil, proceed with a two-hour static head or falling head capacity test: (i) Static Head — the pit shall be filled with water to the cap depth and the water column shall be maintained at that level for two hours. The amount of water added to maintain 35 P786 this level must be documented. The 24-hour capacity is determined by multiplying by 12. Adjustment to a four foot diameter pit is made if a lesser size test hole is used; (ii) Falling Head — the pit shall be filled with water to the cap depth and the column of water shall be allowed to drop for a two hour period. The distance dropped shall be measured and the amount of water absorbed determined. This amount is multiplied by 12 to determine the 24-hour capacity. Adjustment to a four foot diameter pit is made if a lesser size test hole is used. 9. The minimum capacity for a new OWTS using vertical seepage pits as the dispersal system shall be 5 times the volume of the required septic tank or 5000 gallons per day whichever is greater. All individual vertical seepage pit shall have a minimum capacity of 1,667 gallons per day. 10. Each pit must meet these minimum criteria to be acceptable. The qualified professional may include safety factors as he feels the situation warrants. 11. It shall be the responsibility of the qualified professional to maintain all test holes or pits in a safe manner prior to backfill or capping to prevent a hazard or accident. C. Dimensions and Construction Requirements. 1. Vertical seepage pits shall be installed according to the qualified profession's specifications for location, depth, and cap depth. 2. The pit excavation shall be five (5), six (6) or seven (7) feet in diameter. Pit excavations greater than 7 -feet in diameter require prior approval by the Building Official. 3. The sidewall depth below the cap shall not be less than 17 feet. 4. The minimum depth to the top of the infiltrative surface allowed is 2 feet. This depth is also known as the cap depth. There is no maximum cap depth but documentation must be provided to justify any cap depth greater than 5 feet. 5. The maximum slope allowed for the use of vertical seepage pits is 40 percent (2-1/2:1 slope). Slopes that exceed 25% (4:1) will require additional engineering and design detail as required to address the risk of effluent surfacing on the slope recognizable as sewage as well as slope stability issues. 36 P787 Slopes that exceed 25% (4:1) will, in most cases, require a terrace design or grading to allow for drilling access. Any grading shall be in accordance with any permit requirements for brushing, clearing, and grading from any other agency. 6. All pits must be filled with clean washed leach line rock to the cap depth. The rock shall be graded at 1 to 1.5 inches in size and shall be covered with straw, untreated building paper or a geotextile fabric prior to backfill to prevent the infiltration of soil into the rock. 7. A 4 inch Schedule 40 pipe shall be installed from the ground surface to the bottom of each seepage pit for clean-out, pumping and verification of the total pit depth. The pipe shall have perforations from the cap depth to the bottom of the pit and be of solid construction from the cap depth to the ground surface. A screw fit cap must be placed on top of the riser to allow access. 8. Where more than one vertical seepage pit is proposed for the primary or reserve system, a distribution box must be used to connect the pits. Chaining or lining the seepage pits together such that the overflow from an upstream pit flows to a downstream pit shall not be permitted. D. Design Criteria for Replacement of Existing Private Sewage Disposal Systems. Table 19.28.190.D Design Criteria for Replacement of Existing Private Sewage Disposal Systems. Septic 3 Ft A.P.* @ 5 Ft A.P.* @ 7 Ft A.P.* @ Disposal Size of Seepage Pit Tank Field 12" 24" 36" Capacity Required (Gallons) Leach Area Width x Width x Width x (Diameter x Depth) Required Length Length Length (See notes: 3, 4 & 5) Field Design at 60 Square Feet / 100 gallons Pit design at 60 Square (See notes 1, 2, 3, & 4) Feet / 100 gallons 1,000 600 (2)3'x100' (2)5'x55' 7'x86' 5'x39' 6'x32' 7'x28' (1)3'x100' 1,200 720 (2) 5' x 66' (2) 7' x 52' 5' x 46' 6' x 38' 7' x 33' &(2)3'x70' 37 P788 1,500 900 (3)3'x100' (2)5'x82' (2)7'x65' 5'x58' 6'x48' 7'x41' 2 Field Design at 90 Square Feet / 100 gallons Pit design at 90 Square Feet 1,000 900 (3) 3' x 100' (2) 5' x 90' (2) 7' x 64' 5' x 58' 6' x 48' 7' x 41' 1,200 1,080 (4) 3' x 90' (3) 5' x 72' (2) 7' x 78' 5' x 69' 6' x 58' 7' x 50' 1,500 1,350 (5)3'x90' (3)5'x90' (2)7'x97' 5'x86' 6'x72' 7'x62' Notes: *Absorption Perimeter 1. Other variations may be allowed to width and depth so as to achieve the required leach area. 2. Trenches shall not have less than 150 sq. ft of trench bottom area or be longer than 100 feet. 3. All deviations from this handout will require a percolation test with a designed septic system by a licensed Civil Engineer. 4. Depth of the seepage pit shall be measured from the bottom of the pit to the invert of the distribution pipe. 5. Multiple seepage pits may be used. If this is the case, the required depth from the table above can be divided equally among the numbers of seepage pits. In no cases the depth of seepage pits can be Tess than the "minimum depth" map attached. E. Design Criteria for New Private Sewage Disposal Systems. 1. Five -Foot Diameter Pits: SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 1 17 17 17 17 18 19 31 18 22 27 31 34 38 2 17 17 17 17 18 19 32 18 23 27 31 34 38 3 17 17 17 17 18 19 33 18 23 27 31 35 39 4 17 17 17 18 19 20 34 18 23 28 31 35 39 5 17 17 18 20 20 22 35 18 23 28 32 35 39 6 17 17 19 22 22 23 36 19 24 28 32 35 39 7 17 17 20 22 24 24 37 19 24 29 32 35 39 38 P789 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 8 17 17 20 23 25 25 38 19 24 29 32 36 40 9 17 17 20 23 25 26 39 19 24 29 32 36 40 10 17 18 21 24 26 27 40 19 24 29 33 37 40 11 17 18 22 24 27 27 41 20 25 29 33 37 40 12 17 18 22 24 27 28 42 20 25 30 34 37 41 13 17 18 22 25 27 29 43 20 25 30 34 37 41 14 17 19 22 25 28 29 44 20 25 31 34 38 42 15 17 19 23 25 29 30 45 20 25 31 34 38 42 16 17 19 23 26 29 31 46 20 25 31 34 38 42 17 17 19 24 26 29 32 47 20 26 31 35 39 42 18 17 20 24 27 29 32 48 21 26 31 35 39 42 19 17 20 24 27 30 33 49 21 26 32 36 39 43 20 17 20 24 27 30 33 50 21 26 32 36 39 43 21 17 20 24 27 31 34 51 22 27 32 36 39 43 22 17 20 25 28 31 34 52 22 27 32 36 40 44 23 17 21 25 28 31 35 53 22 27 32 37 40 44 24 17 21 25 29 32 36 54 22 27 33 37 40 44 25 17 21 25 29 32 36 55 22 27 33 37 40 44 26 17 21 25 29 32 36 56 22 28 33 38 41 45 27 17 22 26 29 33 37 57 22 28 34 38 41 45 28 17 22 26 29 33 37 58 22 28 34 38 42 46 29 17 22 27 30 33 37 59 22 28 34 38 42 46 30 18 22 27 30 33 37 60 23 29 34 39 42 46 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 61 24 29 35 39 44 47 91 43 49 55 59 62 65 62 24 30 36 40 43 46 92 44 50 56 60 63 66 63 25 31 36 41 44 46 93 45 51 57 61 64 67 64 25 31 37 41 45 47 94 46 52 58 62 65 68 65 27 32 37 42 45 48 95 47 53 59 63 66 69 66 27 32 38 43 46 48 96 48 54 60 64 67 70 67 27 33 39 43 46 49 97 49 55 61 65 68 71 68 28 34 39 44 47 50 98 50 56 61 66 69 72 69 29 34 40 45 48 50 99 51 57 62 67 70 73 39 P790 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 70 29 35 41 45 48 51 100 52 58 63 68 71 74 71 30 36 41 46 49 52 101 53 59 64 69 72 75 72 31 36 42 46 50 52 102 54 60 65 70 73 75 73 31 37 43 47 50 53 103 55 61 66 71 74 76 74 32 38 43 48 51 54 104 56 61 67 72 75 77 75 32 38 44 48 52 54 105 57 62 68 73 76 78 76 33 39 45 49 52 55 106 58 63 69 74 77 79 77 34 39 45 50 53 55 107 59 64 70 75 78 80 78 34 40 46 50 54 56 108 60 65 71 75 78 81 79 35 41 46 51 54 57 109 61 66 72 76 80 82 80 36 41 47 52 55 57 110 61 67 73 77 81 83 81 36 42 48 52 55 58 111 62 68 74 78 82 84 82 37 43 48 53 56 59 112 63 69 75 79 82 85 83 38 43 49 54 57 59 113 64 70 76 80 83 86 84 38 44 50 54 57 60 114 65 71 77 81 84 87 85 39 45 50 55 58 61 115 66 72 78 82 85 88 86 39 45 51 55 59 61 116 67 73 79 83 86 89 87 40 46 52 56 59 62 117 68 74 80 84 87 90 88 41 46 52 57 60 62 118 69 75 81 85 88 91 89 41 47 53 57 61 63 119 70 76 82 86 89 92 90 42 48 54 58 61 64 120 71 77 83 87 90 93 Where: mpi = minutes per inch Conversion Factor: Example: (1 inch of drop / X MPI) x 60 minutes per hour = 6 inches/hour 2. Six -Foot Diameter Pits: SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 1 17 17 17 17 17 17 31 17 19 22 25 28 32 2 17 17 17 17 17 17 32 17 19 23 25 28 32 3 17 17 17 17 17 17 33 17 19 23 26 29 32 4 17 17 17 17 17 17 34 17 19 23 26 29 32 40 P791 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 5 17 17 17 17 17 18 35 17 19 23 27 29 33 6 17 17 17 18 19 19 36 17 20 23 27 29 33 7 17 17 17 19 20 20 37 17 20 24 27 29 33 8 17 17 17 19 21 21 38 17 20 24 27 30 33 9 17 17 17 19 21 22 39 17 20 24 27 30 33 10 17 17 18 20 22 22 40 17 20 24 28 31 34 11 17 17 18 20 22 23 41 17 20 24 28 31 34 12 17 17 18 20 23 23 42 17 21 25 28 31 34 13 17 17 19 21 23 24 43 17 21 25 28 31 34 14 17 17 19 21 23 24 44 17 21 25 29 32 35 15 17 17 19 21 24 25 45 17 21 25 29 32 35 16 17 17 19 22 24 26 46 17 21 25 29 32 35 17 17 17 20 22 24 27 47 17 21 26 29 32 35 18 17 17 20 22 24 27 48 18 22 26 29 32 35 19 17 17 20 22 25 28 49 18 22 27 30 33 36 20 17 17 20 23 25 28 50 18 22 27 30 33 36 21 17 17 20 23 25 28 51 18 22 27 30 33 36 22 17 17 21 23 25 28 52 18 22 27 30 33 36 23 17 17 21 23 26 29 53 18 23 27 31 34 37 24 17 18 21 24 27 30 54 18 23 28 31 34 37 25 17 18 21 24 27 30 55 18 23 28 31 34 37 26 17 18 21 24 27 30 56 19 23 28 31 34 37 27 17 18 22 24 27 31 57 19 23 28 31 34 37 28 17 18 22 24 27 31 58 19 23 28 32 35 38 29 17 18 22 25 28 31 59 19 24 29 32 35 38 30 17 19 22 25 28 31 60 19 24 29 32 35 38 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 61 20 24 29 33 37 39 91 36 41 46 49 52 54 62 20 25 30 33 36 38 92 37 42 46 50 53 55 63 21 25 30 34 37 39 93 38 42 47 51 54 56 64 21 26 31 35 37 39 94 38 43 48 52 54 57 65 22 27 31 35 38 40 95 39 44 49 53 55 57 66 22 27 32 36 38 40 96 40 45 50 53 56 58 41 P792 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 67 23 28 32 36 39 41 97 41 46 50 54 57 59 68 23 28 33 37 39 41 98 42 46 51 55 58 60 69 24 29 33 37 40 42 99 42 47 52 56 58 61 70 24 29 34 38 40 42 100 43 48 53 57 59 61 71 25 30 35 38 41 43 101 44 49 54 57 60 62 72 25 30 35 39 41 44 102 45 50 54 58 61 63 73 26 - 31 36 39 42 44 103 46 50 55 59 62 64 74 27 31 36 40 42 45 104 46 51 56 60 62 64 75 27 32 37 40 43 45 105 47 52 57 61 63 65 76 28 32 37 41 44 46 106 48 53 58 61 64 66 77 28 33 38 41 44 46 107 49 54 58 62 65 67 78 29 33 38 42 45 47 108 50 54 59 63 65 67 79 29 34 39 42 45 47 109 50 55 60 64 66 68 80 30 35 39 43 46 48 110 51 56 61 64 67 69 81 30 35 40 44 46 48 111 52 57 62 65 68 70 82 31 36 40 44 47 49 112 53 58 62 66 69 71 83 31 36 41 45 47 49 113 54 58 63 67 70 72 84 32 37 41 45 48 50 114 54 59 64 68 70 72 85 32 37 42 46 48 50 115 55 60 65 68 71 73 86 33 38 42 46 49 51 116 56 61 66 69 72 74 87 33 38 43 47 49 51 117 57 62 66 70 73 75 88 34 39 44 47 50 52 118 58 62 67 71 74 76 89 35 39 44 48 50 53 119 58 63 68 72 74 76 90 35 40 45 49 51 53 120 59 64 69 73 75 77 3. Seven -Foot Diameter Pits: SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 1 17 17 17 17 17 17 31 17 17 19 22 24 27 2 17 17 17 17 17 17 32 17 17 20 22 24 27 3 17 17 17 17 17 17 33 17 17 20 22 25 28 4 17 17 17 17 17 17 34 17 17 20 22 25 28 5 17 17 17 17 17 17 35 17 17 20 23 25 28 6 17 17 17 17 17 17 36 17 17 20 23 25 28 42 P793 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 7 17 17 17 17 17 17 37 17 17 20 23 25 28 8 17 17 17 17 18 18 38 17 17 20 23 26 28 9 17 17 17 17 18 19 39 17 17 21 23 26 28 10 17 17 17 17 19 19 40 17 17 21 24 26 29 11 17 17 17 17 19 20 41 17 18 21 24 26 29 12 17 17 17 17 20 20 42 17 18 21 24 27 29 13 17 17 17 18 20 20 43 17 18 21 24 27 29 14 17 17 17 18 20 21 44 17 18 22 25 27 30 15 17 17 17 18 20 21 45 17 18 22 25 27 30 16 17 17 17 19 20 22 46 17 18 22 25 27 30 17 17 17 17 19 21 23 47 17 18 22 25 28 30 18 17 17 17 19 21 23 48 17 19 22 25 28 30 19 17 17 17 19 21 24 49 17 19 23 25 28 31 20 17 17 17 20 21 24 50 17 19 23 25 28 31 21 17 17 17 20 22 24 51 17 19 23 25 28 31 22 17 17 18 20 22 24 52 17 19 23 26 28 31 23 17 17 18 20 22 25 53 17 19 23 26 29 32 24 17 17 18 20 23 25 54 17 20 24 26 29 32 25 17 17 18 20 23 25 55 17 20 24 26 29 32 26 17 17 18 20 23 26 56 17 20 24 27 29 32 27 17 17 19 21 23 26 57 17 20 24 27 29 32 28 17 17 19 21 23 26 58 17 20 24 27 30 33 29 17 17 19 21 24 27 59 17 20 25 27 30 33 30 17 17 19 21 24 27 60 17 20 25 28 30 33 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Perc Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 61 17 21 25 28 31 34 91 31 35 39 42 45 46 62 17 21 25 29 31 33 92 32 36 40 43 45 47 63 18 22 26 29 31 33 93 32 36 40 44 46 48 64 18 22 26 30 32 34 94 33 37 41 44 47 48 65 19 23 26 30 32 34 95 34 38 42 45 47 49 66 19 23 27 30 33 35 96 34 38 43 46 48 50 67 20 24 28 31 33 35 97 35 39 43 46 49 51 68 20 24 28 31 34 35 98 36 40 44 47 49 51 43 P794 SEEPAGE PIT DEPTH (feet) BASED ON PERCOLATION TEST RATE Perc Rate Number of Bedrooms Pero Rate Number of Bedrooms MPI 1 2 3 4 5 6 MPI 1 2 3 4 5 6 69 20 25 29 32 34 36 99 36 40 45 48 50 52 70 21 25 29 32 35 36 100 37 41 45 48 51 53 71 21 25 30 33 35 37 101 38 42 46 49 51 53 72 22 26 30 33 35 37 102 38 43 47 50 52 54 73 22 26 30 34 36 38 103 39 43 47 51 53 55 74 23 27 31 34 36 38 104 40 44 48 51 53 55 75 23 27 31 35 37 39 105 40 45 49 52 54 56 76 24 28 32 35 37 39 106 41 45 49 53 55 57 77 24 28 32 35 38 40 107 42 46 50 53 56 57 78 25 29 33 36 38 40 108 43 47 51 54 56 58 79 25 29 33 36 39 40 109 43 47 51 55 57 59 80 25 30 34 37 39 41 110 44 48 52 55 58 59 81 26 30 34 37 40 41 111 45 49 53 56 58 60 82 26 30 35 38 40 42 112 45 49 53 57 59 61 83 27 31 35 38 40 42 113 46 50 54 57 60 61 84 27 31 35 39 41 43 114 47 51 55 58 60 62 85 28 32 36 39 41 43 115 47 51 56 59 61 63 86 28 32 36 40 42 44 116 48 52 56 59 62 63 87 29 33 37 40 42 44 117 49 53 57 60 62 64 88 29 33 37 40 43 45 118 49 53 58 61 63 65 89 30 34 38 41 43 45 119 50 54 58 61 63 66 90 30 34 38 42 44 46 120 51 55 59 62 65 66 19.28.200 Horizontal Seepage Pit Systems. The use of the horizontal seepage pit systems is permitted only where adequate area does not exist for a leach line system. All horizontal seepage pit systems shall comply with the design and construction requirements provided in this section. A. Percolation Test Procedures for Horizontal Seepage Pit Systems. All percolation tests shall be performed in accordance with the test procedures found in 19.28.160 (Groundwater and Percolation Testing Requirements). In addition to the requirements of Section 19.28.160, percolation tests for horizontal seepage pits must also comply with the following additional requirements: 1. The average percolation rates shall not exceed 30 minutes per inch in any portion of the horizontal seepage pit. 44 P795 Individual rates exceeding 30 minutes per inch may be considered with additional soil testing. 2. At least 4 percolation test holes at each pit location should be provided to represent soil types within the infiltrative surface area of the seepage pit. This profile should represent the entire sidewall depth of the pit. 3. At least 1 deep boring should extend to a depth of at least 10 feet below the bottom of the seepage pit, or to impermeable material. In no case shall less than 5 feet of unsaturated permeable soil exist below the bottom of the seepage pit. 4. Backhoe excavations may be required to demonstrate uniformity of soil throughout the seepage pit. This would be necessary when the pit is proposed in an area of variable soil conditions. 5. Any percolation tests for horizontal seepage pits, which were approved based on testing prior to the effective date of this section, will require additional percolation testing unless the previous testing meets current requirements. B. Dimensions and Construction Requirements. 1. Horizontal seepage pits are to be installed according to the qualified professional's specifications for location, length, width, and depth. 2. Horizontal seepage pits must be spaced 20 feet apart measured edge to edge. 3. Primary and reserve horizontal seepage pits cannot be combined in one common pit. 4. The pit excavation must be at least 4 feet in width, but not greater than 6 feet in width. 5. The top of the infiltrative surface shall be at least 2 feet below the natural grade but no more than 5 feet. This depth is also known as the cap depth. Additional soil can be placed over the top of the installed horizontal seepage pit at the discretion of the qualified professional. 6. The sidewall depth below the cap shall be at least 6 feet but cannot exceed 7 feet. 45 P796 7. The pit excavations may arc or bend under the following conditions: (i) The maximum deflection cannot exceed a total of 45 degrees in any direction without increasing the pit length to compensate for Toss of sidewall area; (ii) Bends or arcs totaling greater than 45 degrees may be accepted on a case-by-case basis. A correction factor will be required, increasing the total length, due to sidewall loss; and (iii) U- shaped and H-shaped bends will not be accepted. 8. The maximum slope for the use of horizontal seepage pits is 25% (4:1). Exceptions to this slope limit may be considered up to 50% (2:1), on a case-by-case basis, where the soil and slope are uniform, extending 100 feet beyond the seepage pit. Additional testing, and design detail shall be required to address the risk of effluent surfacing on the slope recognizable as sewage as well as slope stability issues. Slopes that exceed 25% (4:1) will, in most cases, require a terrace design. Any grading to create terraces should be in accordance with any permit requirements for brushing, clearing, and grading from any other agency. 9. The use of concrete pit liners is allowed. If used, the concrete pit liners shall meet the testing standards established by the International Association of Plumbing and Mechanical Officials (IAPMO). 10. All pits must be filled with clean leach line rock to the cap depth of the horizontal pit liner. The rock should be graded at 1 to 1.5 inches in size and shall be covered with straw, untreated building paper or a geotextile fabric prior to backfill to prevent the infiltration of soil into the rock. 11. A manifold system constructed of 4 inch loop of Schedule 40 perforated pipe shall be installed in the pit to allow for distribution of the effluent throughout the entire pit. The manifold shall be placed 1 foot from the sidewall of the horizontal seepage pit and shall run the length and width of the pit in a rectangular pattern. 12. Where more than one horizontal seepage pit is proposed for the primary or reserve system, a distribution box must be used to connect the pits. 13. A hybrid system combining a horizontal seepage pit for the primary or reserve design, and leach lines for the other system is allowed. However, a combination of the two types of systems, used for a single primary or reserve design, will 46 P797 not be considered. The system design identified as the most difficult installation shall be installed as the primary system. This is to be based on access, grading, or other obstacles to install the system once the house is constructed. 14. The California Occupational Health and Safety Act (COHSA) requires shoring for excavations exceeding 5 feet when persons will be working in them. All work done installing horizontal seepage pits must comply with COHSA for the purpose of construction and inspection. C. Horizontal Seepage Pit Sizing Calculations. The calculations for sizing a horizontal seepage pit are done to provide an equivalent amount of sidewall area in the seepage pit as found in a standard 3 foot deep leach line trench using the same percolation rate. Seepage Pit Length = (3LL — 2wd)/ 2d Where: 3 = sq. ft. of absorptive sidewall area per lineal foot of 3 foot deep leach line trench LL = leach line length as a function of percolation rate w = seepage pit width d = seepage pit sidewall depth below cap 19.28.210 Alternative onsite wastewater treatment systems; Use of alternative systems. Alternative onsite wastewater treatment systems and sewage holding tanks may only be used with prior approval of the Director of Building and Safety Services prior to submittal of plans for permitting purposes. Owners of alternative treatment systems located within the City must: A. Maintain an operating permit; B. Ensure the alternative treatment system is inspected annually; and C. Submit quarterly water samples during the first year of use. 19.28.220 Alternate onsite wastewater treatment systems siting and operational requirements; Variances permissible. A. Property owners may apply to Building and Safety Services to establish alternative OWTS siting and operational requirements where it is determined by Building and Safety Services that 47 P798 alternative requirements will provide equivalent level of environmental protection. B. Variances will not be granted in the following circumstances: 1. Where the proposed OWTS presents a substantial likelihood of discharging sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health so as to cause any of the following to occur: i. Sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health to empty, flow, seep, or drain onto the surface of any land. ii. Sewage, impure waters, or any matter or substance offensive, injurious, or dangerous to health to empty, flow, seep, drain into, or affect any well, spring, stream, river, lake, or other waters. iii. Result in any condition which is unsafe, dangerous, or creates a nuisance. 2. Above surface discharge. Variances will not be granted for any OWTS which utilizes any form of effluent disposal discharging on, or above, the post installation ground surface; this includes, but is not limited to sprinklers, exposed drip lines, free -surface wetlands, and ponds. 3. Sewer availability. Variances will not be granted for any OWTS where there is a public sewer available. Building and Safety Services Department may require a "Will or Will Not Serve" letter Cucamonga Valley Water District with each new or replacement OWTS proposal to evaluate the proximity and availability of community systems to the proposed OWTS site. This will ensure septic systems are only installed in areas where a sewer is unavailable. The "Will or Will Not Serve" letter must include the following: (i) Parcel number for the property where the OWTS is being proposed; (ii) Distance to the nearest available sewer line; and (iii) Whether or not the sewering entity will provide service to the parcel. The "Will or Will Not Serve" letter must be completed and signed by the appropriate official representing the sewering entity and be filed with the Building and Safety Services Department prior to submittal of the percolation report/plot plan, or upon request once the percolation report/plot plan has been submitted. 48 P799 4. Sewer Requirement. Connection to a public sewer system is required within established sewer service districts and outside such districts when required by the RWQCB. Developments must connect to a sewer system when the nearest property line is within 200 feet of a sewer line. This requirement will be increased by 100 feet for each dwelling unit within the development. 5. Ground Slope. Variances will not be granted for slopes greater than a 30% incline without a slope stability report approved by a Qualified Professional. Refer to Natural Ground Slope for more information regarding natural ground slope requirements. 6. Leaching Areas. As referenced in the current adopted California Plumbing Code, Appendix H —Private Sewage Disposal Systems — Section H 301.1 Leaching Chambers that comply with IAPMO PS 63 and bundled expanded polystyrene synthetic aggregate units that comply with IAPMO IGC 276 shall be sized using the required area calculated using Table H 201.1(3) with a 0.70 multiplier. 7. Supplemental Treatment. OWTS utilizing supplemental treatment require periodic monitoring or inspections. No variances will be granted for supplemental treatments that are unable to meet this requirement. 8. Depth to Groundwater. No variance will be granted for OWTS with a depth from the bottom of the dispersal system to groundwater less than 5 feet. The exception to this will be for seepage pits which shall have a separation no Tess than 10 feet. 9. Recreational Vehicle (RV) Holding Tanks. No variances will be granted for OWTS dedicated to receiving significant amounts of wastes, which are dumped from RV holding tanks. 10. Class V Injection Wells. United States Environmental Protection Agency (USEPA) requirements apply to underground injections control systems for OWTS. Subsurface disposal systems including leach fields and seepage pits shall comply with USEPA Underground Injection Control requirements when classified as a Class V injection well. Subsurface disposal systems with at least one of the following characteristics are classified as Class V wells: (i) The system has the capacity to serve 20 or more 49 P800 persons per day; (ii) The system receives wastewater other than domestic wastewater such as that generated by manufacturing, chemical processing, industrial fluid disposal, automotive repair, or recycling; or (iii) The system receives sewage containing biological agents (such as wastewater from recreational vehicles or portable toilets). Disposal systems that are classified as Class V wells must be registered with USEPA. 19.28.230 Sewer wells; cesspools; seepage pits. Except those permitted pursuant to a valid OWTS permit issued in conformance with the requirements of this chapter, all sewer wells, cesspools, seepage pits, and similar excavations are hereby declared a public nuisance and are prohibited. 19.28.240 Holding tanks. A. All holding tanks are hereby declared a public nuisance and are prohibited. Exception to this prohibition may be granted by the Director of Building and Safety Services: 1. If it is necessary to use a holding tank to abate a nuisance or health hazard caused by a failing OWTS; or 2. For a publicly -owned nonresidential facility necessary for the public health, safety or welfare, where installation of an OWTS is not feasible and a holding tank is determined by the Director of Building and Safety Services to provide the safest and most acceptable method of sewage disposal. B. Where exceptions are granted and holding tank(s) approved, an operating permit issued by the director will be required, which will provide for approval of the tank pumper, maintenance schedule, tank/sewage level monitoring, and reporting requirements. 19.28.250 OWTS failures; Corrective actions required. A. All OWTS failures resulting in effluent surfacing, wastewater surface discharge, or wastewater back-up into plumbing fixtures, shall be reported immediately to Building and Safety Services, upon discovery. B. Building and Safety Services or other designated City departments will complete an investigation within 24 hours to determine the validity of the complaint or other notification of a failing OWTS. 50 P801 C. Any OWTS that is found to be failing shall have a notice of violation issued to the property owner requiring action to eliminate the immediate health hazard through pumping of the septic tank by a licensed sewage hauler or elimination of wastewater flows to the failing OWTS. The notice of violation will also require a repair to be completed to the OWTS as needed within a reasonable time frame. D. The proposed repair shall be evaluated by Building and Safety Services to ensure it meets the minimum design requirements of this chapter or is in substantial conformance to the greatest extent practicable. E. Groundwater separation requirements to the bottom of the dispersal system and the highest anticipated groundwater level for repairs shall be as follows: (i) 5 foot for conventional OWTS; (ii) 2 foot for alternative OWTS with supplemental treatment; and (iii) Less than 2 foot separation cannot be allowed through this LAMP and will require a waste discharge permit through the RWQCB. F. The repair shall be completed under permit and inspection by Building and Safety Services. G. Failure to complete the required corrective action within the time frames given will result in additional enforcement action which may include condemnation of the structure for immediate health hazards. 19.28.260 Substandard systems. All OWTS within the City of Rancho Cucamonga that do not meet the minimum design requirements of this Chapter shall be deemed substandard. Sites with substandard OWTS shall be prohibited from having future additions or modifications to the property that would potentially increase wastewater flow to the OWTS or decrease the amount of usable area available for the OWTS. 19.28.270 Abandoned onsite wastewater treatment systems. A. All abandoned OWTS shall be disposed of in accordance with this section. An OWTS Abandonment Permit must be obtained prior to the removal or disposal of any abandoned OWTS. For the purposes of this section, an OWTS shall be considered abandoned if it has been out of service for more than three consecutive months. B. Every OWTS that has been abandoned or has been discontinued from further use or to which no waste or waste discharge pipe from a plumbing fixture is connected must have all remaining sewage 51 P802 removed from, and disposed of by a qualified waste hauler and transported to a dispersal facility that operates in compliance with valid permit issued by a Regional Water Quality Control Board. C. Upon removal of all remaining sewage, the tank top and bottom must be crushed, backfilled and compacted with material approved by the director or be removed and disposed of in an approved manner. D. Completion of the above-described work shall require that the property owner obtain a septic tank abandonment permit from the director. 19.28.280 Abatement. To the extent possible, failing OWTS must be brought into compliance with this Code. In case of any failure, malfunction or breakdown of any OWTS, if not corrected within a time designated by the Director, the Director may order or cause corrections to be made and bill the property owner for the costs and may place a lien on the property for the abatement costs. The Director may also order the premises to be vacated if no safe manner of abatement is possible. 19.28.290 Notice of violation. The Director may provide a notice of intent to record a notice of violation to the owner of property upon which a failing or substandard OWTS exists. Notice will be provided to the property owner by mail at the address shown on the latest assessment roll or at any other address of the owner known to the director. The notice will also be posted on the property. The notice will state that within 15 days of the date of the notice, the property owner may request a meeting with the Director to present evidence that a violation does not exist. If, within 15 days of the date of the notice, the property owner does not request a meeting and the violation has not been corrected, or if, after considering the evidence presented by the property owner at the meeting, the Director determines that a code violation in fact exists, the Director may record a notice of violation in the office of the County Recorder. Upon recording the notice, the Director will notify the owner of the action. The notice is to inform all parties that no improvements, including building additions, can be approved while the failing or substandard OWTS continues in operation. At the request of any affected property owner and upon full payment of any fees established by resolution of the city council for recovery of associated enforcement costs and payment of any fee for the recordation of the notice of violation, the Director will issue a notice of expungement of 52 violation upon proof to the director that the noticed violation has been remedied. The notice of expungement may be recorded by the property owner at his or her expense. 19.28.300 Appeal from denial, revocation or suspension. A. Any person aggrieved by any decision of the Director with respect to the issuance or refusal to issue a OWTS permit may, within ten days of the date of the decision, appeal the decision to the city manager, or his or her designee, by filing a written notice of appeal with the city manager. B. The city manager, or his or her designee, shall thereupon fix a time and place for hearing such appeal within 30 days of the date of said decision. The aggrieved party shall be given notice of the time and place of the hearing by serving the notice personally or by depositing it in the United States Post Office in the city, certified mail, addressed to the aggrieved party at his or her last known address. C. The city manager, or his or her designee, shall have the authority to determine all questions raised on such appeal during the hearing. No such determination shall conflict with any substantive provision of this chapter. D. Following such hearing, the city manager, or his or her designee, may reverse, modify, or affirm the decision of the director with respect to the issuance or refusal to issue a license. The city manager shall render a decision within a reasonable period of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final. SECTION 3. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 2017. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this day of 53 Dennis Michael Mayor P803 I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice Reynolds City Clerk 54 P804 P805 CITY OF RANCHO CUCAMONGA 10500 C,v,c Center Dr.ve 1 P 0 Box 807 j Rancho Cucamonga, CA 91729-0807 1 909.477.2700 1 www CiryofRC u; Local Agency Management Program Available at the City Clerk's Office. 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 June 21, 2017 Adoption of a Local Agency Management Program (LAMP) For Onsite Wastewater Treatment Systems Assembly Bill 885 signed by the Governor on September 27, 2000 provides for septic systems with specified Lot Size Requirements CITY OF RANCHO CUCAMONGA Ordinance 911 and the LAMP were prepared by City staff. The LAMP assures that the City will not need to increase the lot size to 21/2 acres for each septic system, and will retain local control and permitting of septic system installations. CITY OF RANCHO CUCAMONGA The LAMP allows the septic system to be reduced in size from the current City requirements, and maintains the 1/2 acre lot size minimum City of Rancho Cucamonga General Septic Areas Legend Septic General Areas Gravity Main ----- City Boundary • CITY OF RANCHO CUCAMONGA P806 CITY OF RANCHO CUCAMONGA DATE: TO: FROM: INITIATED BY: SUBJECT: June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Candyce Burnett, City Planner Jennifer Nakamura, Associate Planner CONSIDERATION TO APPROVE ORDINANCE NO. 912 AMENDING TITLES 2, 3 AND 17 OF THE MUNICIPAL CODE TO ENACT REQUIREMENTS AND STANDARDS FOR CREATIVE PLACEMAKING THROUGH PUBLIC ART. Lc STAFF REPORT RECOMMENDATION: It is recommended the City Council conduct first reading of Ordinance No. 912, amending the Rancho Cucamonga municipal code regarding creative placemaking and public art. BACKGROUND: In 2010 the City's General Plan was updated to reflect updated goals and priorities for the community. Public art is identified in the General Plan as an important amenity in the public setting which can create linkages between projects, beautifying public spaces and buildings and increasing the intrinsic and monetary values of the places where art is located. Land Use Goal LU -14 in the General Plan identifies the need to support public art as an important amenity of a beautiful City. Policy LU14-3 specifies the desire to create a public art ordinance within the Development Code. Land Use Goal LU -14 was listed as a priority 3 (important) in the General Plan Implementation Plan. In January, 2015 at the City Council goal -setting session, Council selected the development of a public art ordinance as a Council goal. Over the past year, staff has been working on researching public art ordinances across California and the nation. On January 25, 2017 at a joint workshop of the City Council and Planning Commission, staff presented a progress report on a proposed art in public places program. After receiving feedback from both Council and Commission on the draft framework provided at the workshop, Staff and the City Attorney's Office drafted a new chapter of the Development Code that outlines requirements and standards for public art for Commission consideration. On March 22, 2017, a public hearing was scheduled to present to the Planning Commission a Development Code Amendment that outlined requirements and standards for public art for new development. Prior to the public hearing, staff received several letters from the development community regarding the proposed ordinance. Staff asked that the item be rescheduled to allow time to meet with the interested parties to discuss any concerns or issues they may have. Since March 22, staff has met with representatives of the Building Industry Association and their member builders, the Rancho Cucamonga Chamber of Commerce, National Association for Page 1 of 5 CITY COUNCIL STAFF REPORT CREATIVE PLACEMAKING THROUGH PUBLIC ART June 21, 2017 Page 2 Industrial and Office Parks (NAIOP) and The Lewis Group to listen to their concerns and share the City's vision for creative placemaking. As a result of the conversations and input provided by these stakeholder groups, a new ordinance has been drafted that provides additional clarity on the requirements and exceptions for public art and addresses many of their concerns. On May 24, the revised ordinance was presented to the Planning Commission, at which time the Planning Commission made the recommendation that the ordinance be forwarded to the City Council for final action. ANALYSIS: Purpose Rancho Cucamonga has a very comprehensive review process with the goal of obtaining the highest quality design. Community design is integral to balancing aesthetic qualities and functionality for all land uses. Such balance is necessary to maintain and enhance a community that is highly enjoyable for living, working and recreation. In Rancho Cucamonga, a strong emphasis on community design has allowed the City to achieve a particular identity that is recognized throughout the region and reflected the highest assessed values in San Bernardino County (Source: San Bernardino County Assessor Annual Report 2014-2015). While building design has always been important to the look and feel of the community, the development of Victoria Gardens in the early 2000's demonstrated how high quality building design, coupled with inviting public spaces creates a more vibrant social and cultural atmosphere. Victoria Gardens created a sense of place; a unique mix of assets that created a place not just to shop and eat, but to engage and connect with others in a safe, inviting environment. This is frequently referred to as creative placemaking. Creative placemaking is an emerging, interdisciplinary field that leverages the arts, design and other creative disciplines to build vibrant, distinctive and sustainable communities and economies. Creative placemaking is intentional — it involves intentional actions to engage artists, designers and other creative people to make place -based improvements to enhance the social and civic fabric of the community. Creative placemaking brings art and culture in tandem with good design to the start of a new development. The goal of the proposed ordinance is to foster the development of creative placemaking within public spaces to encourage better community. Art is a tool to draw people to these public spaces for dialogue, education and enjoyment, community problem solving, enhancement of the physical environment and celebration of public space. Qualifying Projects The proposed ordinance applies to new residential, commercial, office and industrial projects that meet specific criteria. All new residential projects that propose more than four (4) dwelling units with a project density of four dwelling units per acre or greater will be subject to these requirements. Projects with income restricted affordable housing units have been exempted to encourage the development of affordable housing. Remodeling of residential structures are also exempt from the proposed ordinance. New commercial, office, or industrial development projects will be subject to the proposed ordinance if the building valuation exceeds one million dollars ($1,000,000). Exterior remodels to Page 2 of 5 P807 CITY COUNCIL STAFF REPORT CREATIVE PLACEMAKING THROUGH PUBLIC ART June 21, 2017 Page 3 existing commercial, office, or industrial development are subject to the ordinance if the building valuation exceeds one million dollars ($1,000,000). Interior remodels (tenant improvements) are exempt from the proposed ordinance. One of the concerns we heard from the stakeholders was how the proposed ordinance would apply to projects currently under review. The Development Code sets clear standards under Article I, Section 17.02.020 A that projects deemed complete for processing by the effective date of any new amendments to the Development Code are exempt from any new standards or requirements set forth by the new amendment. Projects that have moved past the initial review stage and are preparing to be reviewed by the Design Review Committee and/or Planning Commission will be exempt from these requirements. Determining Value of Required Art The proposed ordinance sets a minimum threshold for the value of the art to be included in the project. Many ordinances staff researched placed a percentage calculation, typically one percent, of the building valuation of the project. Staff created a fee model calculation based on one percent of building valuation for a variety of residential, commercial and industrial projects currently under review and determined that the dollar amount for many projects at 1% was higher than desired. Staff looked to other methods to calculate the value of art required and determined the following: Residential Developments: $750 per unit Commercial, Office, or Industrial Developments: $1 per square foot Mixed use projects that include multiple types of development (i.e. residential and commercial) will have each component calculated individually to determine the total required art value for the project. Exhibit B of the Planning Commission staff report provides examples of existing projects under review or recently entitled to demonstrate how the proposed art value is calculated. Preferred or Required Art The proposed ordinance does not favor any type of art or specific artists. The proposed ordinance is intentionally designed to allow the project developer and artist to design a work that meets their mutual satisfaction. It is the City's goal to see art in a variety of forms and has included in the proposed ordinance are only minimal design standards; that the piece be complimentary to the development, that the piece be durable and lasting, and that there is a plaque identifying the artist, name of the piece and date of installation. The proposed ordinance allows the integration of art into already required features and amenities. Examples include bike racks, shade structures, bus shelters or trash receptacles. The goal is to use art to create a sense of place and generate interest and activity in the spaces where they are located. Completion of Art Installation The proposed ordinance requires that art be installed prior to final inspection or occupancy. We received concern from stakeholders that if the project was a larger, phased project, would the ordinance allow for a partial use of the project site if the art was not going to be installed until a later phase of the project. To address this, additional clarification has been added that allows Page 3of5 P808 CITY COUNCIL STAFF REPORT CREATIVE PLACEMAKING THROUGH PUBLIC ART June 21, 2017 Page 4 staff to consider phasing plans for art installations as a condition or project approval or accept bonds or other surety to secure completion of the art work as part of the project. Options In Lieu of Installing Art While it is the City's desire to see art as an anchor for creative placemaking in new developments, should applicants choose not to include required art, they have two options: one, donate art work that meets or exceeds the required minimum art value or pay an in -lieu fee equal to the required minimum art value for the project. Public Art Committee The proposed ordinance establishes a public art committee to advise the Council regarding the selection, purchase, placement and maintenance of art installed by the City or on City property and expenditures of any in -lieu fees or endowments collected. The Public Art Committee will not review art installations on private property. Art installed as a component of a project will be reviewed through the standard development review process without additional review by the committee. Public Fundraising for Art The proposed ordinance does not exempt new public facilities from the development of art and the City strongly believes that it is important to "set the example" and initiate creative placemaking with the development of art at new public facilities. We are also pursuing a public fundraising effort to raise funds to support creative placemaking efforts at new and existing public facilities. Environmental Assessment The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed ordinance does not propose any physical change to the environment itself but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this ordinance. Therefore, this project will not have a significant effect on the environment. FISCAL IMPACT: The development of a public art program is expected to increase City expenses in staff time and resources to include review of public art on private and City developments. Fees collected by developments choosing the in -lieu option will be used to fund art installations within publicly owned property. Page 4 of 5 P809 CITY COUNCIL STAFF REPORT CREATIVE PLACEMAKING THROUGH PUBLIC ART June 21, 2017 Page 5 COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal(s): This meets General Plan Land Use Goal LU -14: Support public art as an important amenity of a beautiful City. It also meets City Council Goal Al 1 to develop a public art ordinance and funding mechanism to support art within publicly accessible spaces. CORRESPONDENCE: Pursuant to Government Code Section 65090, this item was advertised 13 days in advance as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. In addition, representatives of the BIA, Lewis Group, NAIOP, Rancho Cucamonga Chamber of Commerce and any other groups who provided written comment were provided copies of the draft ordinance via email ahead of both the May 24t'1 Planning Commission hearing and this Council hearing. No individual notice to property owners was provided. ATTACHMENTS: Attachment 1 — Attachment 2 — Attachment 3 — Attachment 4 — Planning Commission Staff Report Dated May 24, 2017 (with all attachments) Planning Commission Resolution No. 17-48 Draft Planning Commission Minutes Dated May 24, 2017 Draft Ordinance No. 912 Page 5 of 5 P810 DATE: TO: P811 CITY OF RANCHO CUCAMONGA STAFF REPORT May 24, 2017 Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Plann r INITIATED BY: Jennifer Nakamura, Associate Planner SUBJECT: MUNICIPAL CODE AMENDMENT DRC2017-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Titles 2, 3 and 17 of the Municipal Code to enact requirements and standards for art in public places. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15601(b)(3). This item will be forwarded to the City Council for final action. RECOMMENDATION: Staff recommends that the Planning Commission make the following recommendation to the City Council Approval of Municipal Code Amendment DRC2017-00177. BACKGROUND: On March 22. 2017; a public hearing was scheduled to present to the Planning Commission a Development Code Amendment that outlined requirements and standards for public art for new development. Prior to the public hearing. staff received several letters from the development community regarding the proposed ordinance. Staff asked that the item be rescheduled to allow time to meet with the interested parties to discuss any concerns or issues they may have. SinceMarch 22, staff has met with representatives of the Building Industry Association and their member builders, the Rancho Cucamonga Chamber of Commerce, National Association for Industrial and Office Parks (NAIOP) and The Lewis Group to listen to their concerns and share the City's vision for creative placemaking. As a result of the conversations and input provided by these stakeholder groups, a new ordinance has been drafted that provides additional clarity on the requirements and exceptions for public art and addresses many of their concerns. ANALYSIS: Purpose Rancho Cucamonga has a very comprehensive review process with the goal of obtaining the highest quality design. Community design is integral to balancing aesthetic qualities and functionality for all land uses. Such balance is necessary to maintain and enhance a community that is highly enjoyable for living, working and recreation. In Rancho Cucamonga, a strong emphasis on community design has allowed the City to achieve a particular identity that is ATTACHMENT 1 PLANNING COMMISSION STAFF REPORT DRC2017-00177 — CITY OF RANCHO CUCAMONGA May 24, 2017 Page 2 recognized throughout the region and reflected the highest assessed values in San Bernardino County (Source: San Bernardino County Assessor Annual Report 2014-2015). While building design has always been important to the look and feel of the community, the development of Victoria Gardens in the early 2000's demonstrated how high quality building design, coupled with inviting public spaces creates a more vibrant social and cultural atmosphere. Victoria Gardens created a sense of place; a unique mix of assets that created a place not just to shop and eat, but to engage and connect with others in a safe, inviting environment. This is frequently referred to as creative placemaking. Creative placemaking is an emerging, interdisciplinary field that leverages the arts, design and other creative disciplines to build vibrant, distinctive and sustainable communities and economies. Creative placemaking is intentional — it involves intentional actions to engage artists, designers and other creative people to make place -based improvements to enhance the social and civic fabric of the community. The goal of the proposed amendment is to foster the development of creative placemaking within public spaces to encourage better community. Art is a tool to draw people to these public spaces for dialogue, education and enjoyment, community problem solving, enhancement of the physical environment and celebration of public space. Qualifying Projects The proposed ordinance applies to new residential, commercial, office and industrial projects that meet specific criteria. All new residential projects that propose more than four (4) dwelling units with a project density of four dwelling units per acre or greater will be subject to these requirements. Projects with income restricted affordable housing units have been exempted to encourage the development of affordable housing. Remodeling of residential structures are also exempt from the proposed amendment. New commercial, office, or industrial development projects will be subject to the proposed amendment if the building valuation exceeds one million dollars ($1,000,000). Exterior remodels to existing commercial, office, or industrial development are subject to the ordinance if the building valuation exceeds one million dollars ($1,000,000). Interior remodels (tenant improvements) are exempt from the proposed amendment. One of the concerns we heard from the stakeholders was how the proposed amendment would apply to projects currently under review. The Development Code sets clear standards under Article I, Section 17.02.020 A that projects deemed complete by the effective date of any new amendment are exempt from any new standards or requirements set forth by the new amendment (Exhibit A). Determining Value of Required Art The proposed ordinance sets a minimum threshold for the value of the art to be included in the project. Many ordinances staff researched placed a percentage calculation, typically one percent, of the building valuation of the project. Staff created a fee model calculation based on one percent of building valuation for a variety of residential, commercial and industrial projects currently under P812 PLANNING COMMISSION STAFF REPORT DRC2017-00177 — CITY OF RANCHO CUCAMONGA May 24, 2017 Page 3 review and determined that the dollar amount for many projects at 1% was higher than desired. Staff looked to other methods to calculate the value of art required and determined the following: Residential Developments: $750 per unit Commercial, Office, or Industrial Developments: $1 per square foot Mixed use projects that include multiple types of development (i.e. residential and commercial) will have each component calculated individually to determine the total required art value for the project. Exhibit B provides examples of existing projects under review or recently entitled with the proposed required art value. Preferred or Required Art The proposed amendment does not favor any type of art or specific artists. The proposed ordinance is intentionally designed to allow the project developer and artist to design a work that meets their mutual satisfaction. It is the City's goal to see art in a variety of forms and has included in the proposed amendment are only minimal design standards; that the piece be complimentary to the development, that the piece be durable and lasting, and that there is a plaque identifying the artist, name of the piece and date of installation. The proposed amendment allows the integration of art into already required features and amenities. Examples include bike racks, shade structures, bus shelters or trash receptacles. The goal is to use art to create a sense of place and generate interest and activity in the spaces where they are located. Completion of Art Installation The proposed amendment requires that art be installed prior to final inspection or occupancy. We received concern from stakeholders that if the project was a larger, phased project, how would the amendment allow for a partial use of the project site if the art was not going to be installed until a later phase of the project. To address this, additional clarification has been added that allows staff to consider phasing plans for art installations as a condition or project approval or accept bonds or other surety to secure completion of the art work as part of the project. Options In Lieu of Installing Art While it is the City's desire to see art as an anchor for creative placemaking in new developments, should applicants choose not to include required art, they have two options: one, donate art work that meets or exceeds the required minimum art value or pay an in -lieu fee equal to the required minimum art value for the project. Public Art Committee The proposed amendment establishes a public art committee to advise the Council regarding the selection, purchase, placement and maintenance of art installed by the City or on City property and expenditures of any in -lieu fees or endowments collected. The Public Art Committee will not review art installations on private property. Art installed as a component of a project will be P813 PLANNING COMMISSION STAFF REPORT DRC2017-00177 — CITY OF RANCHO CUCAMONGA May 24, 2017 Page 4 reviewed through the standard development review process without additional review by the committee. Public Fundraising for Art The proposed amendment does not exempt new public facilities from the development of art and the City strongly believes that it is important to "set the example" and initiate creative placemaking with the development of art at new public facilities. We are also pursuing a public fundraising effort to raise funds to support creative placemaking efforts at new and existing public facilities. Environmental Assessment The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(6)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Code Amendment does not propose any physical change to the environment itself but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Code Amendment. Therefore, this project will not have a significant effect on the environment. FISCAL IMPACT: The development of a public art program is expected to increase City expenses in staff time and resources to include review of public art on private and City developments. Fees collected by developments choosing the in -lieu option will be used to fund art installations within publicly owned property. COUNCIL GOAL(S) ADDRESSED: This meets General Plan Land Use Goal LU -14: Support public art as an important amenity of a beautiful City. It also meets City Council Goal Al 1 to develop a public art ordinance and funding mechanism to support art within publicly accessible spaces. CORRESPONDENCE: Pursuant to Government Code Section 65090, this item was advertised 13 days in advance as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. No individual notice to property owners was provided. EXHIBITS: Exhibit A — Section 17.02.020 of the Rancho Cucamonga Development Code Exhibit B — Art Valuation Examples P814 PLANNING COMMISSION STAFF REPORT DRC2017-00177 — CITY OF RANCHO CUCAMONGA May 24, 2017 Page 5 Exhibit C — Article from URBANLAND Magazine, Public Art in Transit Exhibit D — Article from URBANLAND Magazine, Growing Value Through Creative Placemaking Exhibit E - Article from URBANLAND Magazine, Ten Best Practices for Creative Placemaking Draft Resolution Recommending Approval of DRC2017-00177 CB:JN/Is P815 P816 Sec. 17.02.020. - Applicability of regulations. This title applies to all land uses, structures, subdivisions, and development within the city, as follows: A. New or altered land uses or structures. Compliance with this title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure. B. Existing uses and structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this title. See chapter 17.62 (Nonconforming Uses and Structures) for more details. C. Minimum requirements. The provisions of this title shall be the minimum to ensure the public health, safety, and welfare. For discretionary actions, city officials or bodies have the discretion to impose more stringent requirements than set forth in this title as may be necessary to promote orderly land use development and the purposes of this title. D. Land use permit or entitlement required; limitation on subsequent permits. Land use permits or entitlements are required when a development, as defined in this title, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the city, and the city shall not issue any other permit related to the development, until any required land use permit or entitlements have been approved and the appeals period has expired. E. Other requirements and permits. Nothing in this title eliminates the need for obtaining any other permits required by the city, including the Rancho Cucamonga Fire District, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency. F. Effect of zoning code changes on projects in process. The enactment of this title, or any amendments thereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. Following the effective date of this title the following provisions shall apply. Successive amendments to this title shall specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following shall apply. 1. Pending applications. All land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete. 2. Approved projects not yet under construction. Any structure authorized by a planning permit or entitlement for which construction has not begun as of the effective date of this title, or any amendment thereto, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension. 3. Projects under construction. A structure that is under construction pursuant to a valid building permit on the effective date of this title, or any amendments thereto, may be completed and r be changed to satisfy any new or different requirements of this title as long as EXHIBIT A P817 construction is beyond the approval of the first inspection on the effective date of this title, or any amendment thereto, and provided that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building. G. Conflicting requirements. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply, except for conflicts between the requirements of this title and any adopted specific plan or special planning area, in which case, the requirements of the specific plan or special planning area shall govern. H. Severability. If any portion of this title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that this title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable. (Code 1980, § 17.02.020; Ord. No. 855, § 4(attach. 1), 8-1-2012) 1 Sample Art Value Calculations N 3 01 To t GJ 0 z EXHIBIT B cI1- ih {Il v► in +n Density is less than 4 du/acre - exempt the Low (L) District on Hermosa Avenue. 20 unit residential home a`J E E 0 0 U 0 0) tna 0.1 X_ aJ L C Commercial N (0 U 0 00 c_ a .0 To u v E E 0 u (0 c OJ E 0 O v (0 0 O 00 aJ z within the General Commercial District Exempt because of the affordable housing N l0 O O 1n in 0 Y (O To 00 c c aJ 'D O 0. co 4- E o u, U W V} (0 O -0 w a, v U co• 0- co f0 O L 4,c O 4' N E > 0_ O L > 0 v a u O .` C0 �_ 7 r • _O c E aJ 7 aJ y .n g ro O ▪ 3 0 J >. (0 aJ L c + -' • E E 7 E • u0 ih Density is Tess than 4 du/acre - exempt 0J L Y .- 17 ro 0 v U (o l0 l0 00 N 0 On c (0 a 0 0 v roCT 0 (0 1.11 u 0 (0 Y a rO 0) aJ c 0 00 4 X 0, 0 0 c (o U r0 0 v E 0 --1 4- 0 aJ N 00 U 0 (0 a 0 u 01 0- L/1 (0 a C (0 u1 0) L 0 .17 4.4 0 ro c aJ -0 0) cc J > 0 J 0.1 N L c 214 units @ $750/unit (0 c QJ 0 c CC To i-' 17) C v a v T E (0 E C (0 0 aJ v (0 aJu L U Q 2 L 00 2 E 15 0) N L C a C CO 0 a U (0 00 r-1 C'1 C O c N E 0. 0 N aJ a c (0 a c E E 0 u (0 VI > (0 L v 1-- aJ L 0 U L 0 P818 Sample Art Value Calculations 00 0 0 0 ai .^-1 o o L.0 o O N 01 (P1 N (0 111 m lD -1 11.1 > rl N N (Y1 O t0 ai L('1 O LD O op 0 V? la m 0 0 a. O O ^ o00 N LLr)c O ,v H m N N -a al N +++ CU Ol O 7'(NI ni 6 Z03 ' aml L0(1 v s--1 m rR Ni ^-1 0 C i/} V} i/? C 7 6 �. tn E C C C 0 a -i 10 O o O O n •` c40 (0 (0 m Q) 7 7 7 7 , > > +_' > > .f0 '1 40 DO c OA OA c v U C C 0 C C v E i3 4- tn 16 4- O VI =a 73 v 5 N .0) E 0 m tn. CO V} L? m V1 CO m U= U tIJ r0 aJ O is n3 CO (n 0. 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O y ro U > Z o CO P819 URBANLAND THE MAGAZINE OF THE URBAN LAND INSTITUTE SECTIONS MORE ULI SITES Urban Land > Infrastructure > Public Art in Transit Public Art in Transit By Dan Rosenfeld May 8,2012 P820 Text Size A A A How public art at two downtown Los Angeles transit -oriented developments came to generate ongoing income for a private developer and local government. Public art in transit -oriented developments presents a valuable marketing opportunity, both for public agencies and private developers. Dollar for dollar, investments in public art may provide the highest financial returns of any funds committed to an aspect of a transit project. A pair of painted murals, designed by environmental artist April Greiman. The intangible benefits of public art—aesthetic beauty, cultural interpretation, education, inspiration, and general improvement of the urban environment—are well-known. But because these are considered "soft" benefits, they are sometimes dismissed as a low priority, especially during challenging economic times. However, experiences in Los Angeles show that public art can be a source of publicity and cash income, as well as beauty. Wilshire Vermont Station, a mixed-use, urban infill development in a downtown neighborhood known as Koreatown, has 449 apartments above 30,000 square feet (2,800 sq m) of ground -floor retail space. Twenty percent of the apartments are reserved for low-income renters. Located in the heart of a dense and diverse mixed -income neighborhood, the development occupies land owned by the Metropolitan Transportation Authority of Los Angeles County. A busy two-level subway station operates under the site. Because the project is largely residential, it was not subject to the city of Los Angeles's requirement that 1 percent of project cost for commercial development be committed to public art. Nonetheless, Urban Partners LLC, a Los Angeles—based developer of transit -oriented and urban infill real estate, chose to install a pair of 70 -foot -high (21 m) painted murals, designed by environmental artist April Greiman, who was introduced to the firm by the developer's art consultant, Merry Norris. The murals were installed at the prominent intersection of Wilshire Boulevard and Vermont Avenue, adjacent to the subway portal. The art program cost $75,000 to design and install, out of a total project cost of more than $125 million. EXHIBIT C From this relatively modest investment in public art the project received more publicity, more public recognition, and more leassiin$g21 interest than from any other element of the entire budget. The murals became a marketing bonanza. When they were completed, the murals were featured in several half -page, full-color photographs in the Los Angeles Times. Coverage was provided on the front page of the paper's local news and culture sections rather than in the real estate or business sections. This allowed the publicity to reach a more exclusive, cultured audience, elevating the project's reputation as a work of art, not mere commerce. This front-page coverage constituted essentially free advertising, and it created a marketing aura that the developer could not have purchased at any price. Subsequently, images of the murals have been printed in dozens of publications, including newspapers and national and local business magazines. The images are routinely used by the local transit agency as emblems of the entire transit system, and the site is frequently host to press events and photo shoots. For example, the mayor of Los Angeles often uses the murals as a backdrop during televised announcements. The private marketing benefits, in real -dollar terms, of this modest public art investment are almost inestimably high. The continuing visibility, publicity, and brand identification that public art provided for the project were purchased for less than one-tenth of 1 percent of the project's total cost. Using neon- and argon -filled tubes, artist Keith Sonnier created an art installation at the District 7 headquarters of the California Department of Transportation in downtown Los Angeles that abstractly resembles the tail lights of cars. The District 7 headquarters of the California Department of Transportation (Caltrans), at a nearby site in downtown Los Angeles, moved forward under a very tight budget. Nonetheless, it included a state -mandated commitment of 1 percent of the project budget for public art. Urban Partners LLC, also the project developer, introduced Thom Mayne of Morphosis, the building's architect, to nationally known artist Keith Sonnier, with instructions to integrate the art program into the building design itself. Doug Christmas of Ace Gallery in Los Angeles assisted with artist selection. With a $2 million budget, and using neon- and argon -filled tubes that abstractly resemble the tail lights of cars, the art installation provides a colorful and changeable display in the building's otherwise limited color palette. Cooperation between architect and artist was seamless, resulting in a successful fusion of public art and architecture. Caltrans officials, however, originally were skeptical of this use of funds. To their surprise, the neon installation became a sensation. The illuminated entry element now vividly identifies the building in the government center of Los Angeles. The building is now used frequently as a backdrop for feature films, television shows, and commercials, and has been displayed prominently in print publications around the world. Caltrans receives a substantial, ongoing income stream by licensing the entry plaza as a backdrop for still photography and TV/film. 12 Raising an institutional structure to the level of global artistry—and creating an unexpected revenue stream for local governmennt-22 demonstrates clearly the economic benefits of public art. In this case, the benefits are public as well as private, providing income to Caltrans. Investments in public art are not just for cultural or aesthetic purposes; they also can have a positive bottom-line economic impact, with material financial benefits to their owners. Good art is good business. SHOW COMMENTS Loading next post... Copyright © 2010-2017 Urban Land Institute (ULI). All rights reserved Use of this website constitutes acceptance of our Terms of Use Urban Land Magazine Industry Sectors Capital Markets Market Trends Sustainability Development Planning & Design Inside ULI About Urban Land Archives Advertise Join. ULI 40 Under 40 Editorial Calendar RSS Contact Us Mobile Terms of Use Irian an I i URBANLAND THE MAGAZINE OF THE URBAN LAND INSTITUTE 1 SECTIONS MORE ULI SITES Urban Land > Planning & Design > Growing Value through Creative Placemaking Growing Value through Creative Placemaking By Juanita Hardy October 11, 2016 1t" P823 AAA Placemaking—combining elements of the built environment in a compelling way that attracts people—is the essence of real estate development. Creative placemaking takes that concept further, with the placemaking effort led by arts and cultural considerations that help shape not only the physical character of a place, but also its social character. As Anne Markusen and Ann Gadwa Nicodemus wrote in "Creative Placemaking," a 2010 paper for the National Endowment for the Arts, "Creative placemaking animates public and private spaces, rejuvenates structures and streetscapes, improves local business viability and public safety, and brings diverse people together to celebrate, inspire, and be inspired" Creative placemaking, done well, can deliver high value to its stakeholders, including the community, developers, and public and private partners. The distinguishing features of creative placemaking and the attributes present in a well -executed project are evident in three very different real estate developments: a transit -oriented, mixed-use development project in the once -quiet community of Brookland in Washington, D.C.; the redevelopment of a blighted building in the changing Tenderloin community in San Francisco; and a neighborhood revitalization effort in Mill Hill in Macon, Georgia Monroe Street Market, Washington, D.C. EXHIBIT D One- and two bedroom apartments are avai•abfe in the Portland Flats building, a component of Monroe Street Market in Washington, D C. (>ii The Bozzuto Group) Monroe Street Market transformed Catholic University of America's South Campus and the surrounding Brookland neighborhood in the northeast quadrant of Washington. Monroe Street Market comprises a sprawling five -block complex, just three miles (5 km) from the U.S. Capitol and adjacent to a Metrorail station and bus lines. This vibrant mixed-use community includes 720 multifamily residences, 45 townhouses, and 83,000 square feet (7,700 sq m) of retail space. An important component of the development is the inclusion of 27 affordable artists' studios totaling 15,000 square feet (1,400 sq m) on the ground floor of two of its three residential buildings. The Art Walk between the buildings features a 1,000 - square -foot (93 sq m) public square with a fountain and a 70 -foot -tall (21 m) clock tower at one end, and a 3,000 -square -foot (280 sq m) community arts center at the other, both serving as focal points for the complex where special events are held and residents can gather. Abdo Development, based in Washington, D.C., and the Bozzuto Group, based in Greenbelt, Maryland, assembled a diverse team of partners to implement their plans. The project has been under construction since 2011, artist occupancy began in 2013, and the last phase of the project is scheduled to be completed in 2017. Catholic University owns the site, which provides an entrance point to its South Campus; CulturaIDC, a nonprofit organization that provides creative placemaking services primarily to real estate developers and property owners, helped design and activate the artists' studios; and Dance Place, a nonprofit dance company that has been anchored in the community for decades, provides ongoing dance programs in the development's Edgewood Community Arts Center and the Art Walk and plaza. Programming includes Third Thursday open artists' studios, Saturday farmers markets, free weekend dance performances, and free public fitness classes at the Edgewood center on Saturdays. The Monroe Street Market design team improved walkability, traffic patterns, and pedestrian crossings along Michigan Avenue and Monroe Street, making the area more pedestrian friendly. Residential amenities include a health club, swimming pool, and yoga center, plus easy access to the nearby Metropolitan Branch bike trail. ,1/ A view of Monroe Street Market from the Metro station (0 The Bozzuto Group) The development has expanded the availability of local retail options, enabling mPorre25 money to stay in the community. The art features attract visitors and tourists, who also contribute to the local economy. As a central gathering place, Monroe Street Market has helped unify the Brookland community. This year, ULI Washington recognized the project with an Award for Excellence in Mixed -Use Development. The Hall, San Francisco The Hall is the temporary activation of a warehouse building that had been blighted and vacant for seven years before Developers/Partners Tidewater Capital, a San Francisco—based investment and development firm, and War Horse, a Baltimore - based development firm, purchased the property in 2013. The building is located in the Tenderloin, a San Francisco neighborhood that has long faced many social challenges such as drugs, unemployment, crime, and poverty. The Hall, an experiment being conducted in 4,000 square feet (372 sq m) of temporary retail space, is focused on community engagement and urban revitalization while the development team seeks entitlements to redevelop the site to provide 186 units of rental housing above 10,000 square feet (929 sq m) of retail space. The future development is planned to include a mix of market - rate and affordable housing and is expected to break ground next year. The interim use consists of six food stalls placed in a food -hall setting and run by local entrepreneurs—all former food -truck vendors. There also is a bar, plus events programming aimed at promoting positive change in the community. The Hall is more than a culinary arts initiative. The space serves as a gathering place—a clubhouse of sorts. It was built with the intention of fostering connection among members of the community by creating a space to convene, break bread, and share experiences. Since opening in October 2014, the Hall has served more than 4,000 meals a week, been the site of more than 90 community events, and donated more than $35,000 to local nonprofit groups. Last year, it began serving monthly community breakfasts, open to all, during which the development team provides updates on the broader project, seeking input from stakeholders while also discussing such community topics as public safety, small business development, housing affordability, and arts in the community. Further, in an effort to address neighborhood unemployment, the Hall organized and sponsored two job fairs to help match employers with neighborhood job seekers. The Hall is a finalist for ULI's 2016 Global Awards for Excellence. An aeraf vrew of Monroe Street Market ( The B :zzuto Group) Mill Hill East Macon Arts Village, Macon, Georgia Mill Hill is located in the Fort Hawkins neighborhood, known as the birthplace of Macon. Once a village for people working at a local cotton mill, the neighborhood is composed of properties that are now 46 percent vacant and blighted, according to a study by the Macon -Bibb County Urban Development Authority (UDA). Although the area is now disconnected from the economic drivers around it—residents are not employed at the local hospital or nearby tourist attractions—the strategic plan for Macon's urban core lays out hope that the new community arts center and artist housing being developed there will help transform the area into an economically and culturally thriving community. The new Gateway Park, being developed by the Macon Arts Alliance, Macon -Bibb County UDA, and other partners, will connect tai 26 community to nearby tourism assets, such as the Macon Centreplex, the Marriott Macon City Center, and the Ocmulgee National Monument, which honors 17,000 years of documented human habitation in the area. The Ocmulgee mounds were built 1,000 years ago by Native Americans during the Mississippian Period and are on the former land of the Muscogee Nation. Vacant mill houses will be transformed into affordable artist live/work housing—seven units in the first phase, each providing 900 square feet (84 sq m) of space for one occupant—helping reduce blight and becoming a hub for economic activity. The Bibb Mill Auditorium, built in 1920 and now being renovated, will be reborn as the Mill Hill Community Arts Center. The future arts center received a new roof this year, paid for with an anonymous $211,000 gift. With the building stabilized, restoration continues through an $813,000 investment by the Macon -Bibb County government. During planning, the project was supported by the White House's Strong Cities, Strong Communities Initiative and an Our Town grant from the National Endowment for the Arts (NEA). The steering committee includes prominent organizations, such as the Regency Hospital Company, the Macon Coliseum Hospital System, the Macon Arts Alliance, and the Knight Foundation, as well as the mayor of Macon -Bibb County. The project team worked with the community to identify its unique assets. It discovered that many residents like to cook, so a culinary school is part of the redevelopment plan. The goal is to attract new residents and businesses to the area, helping the local economy grow while affordable homes are retained for those who have long resided there and helped create this distinctive place. Four Essential Tasks In research for their paper on creative placemaking, Markusen and Nicodemus, spent six months surveying successful projects, identifying ingredients of success as well as common challenges. Their case studies cover many types of communities, from older industrial inner cities to younger, lower -density cities, and from rural towns to Native American reservations. This work and their later reflections highlight four essential tasks for those seeking to carry out successful creative placemaking projects. • Build cross -sector partnerships. The Monroe Street Market's public, private, and community partners—including Abdo Development, the Bozzuto Group, Catholic University, CulturalDC, Dance Place, artists, and others—were vital contributors to the drive to unify the community and promote its economy through the arts. Similarly, the Mill Hill East Macon Arts Village has a team of many players at the local and national levels who have helped the project build momentum. • Mine community assets and honor the uniqueness of place. The Hall creates a physical sense of place in what was once a vacant building, serving as a gathering space in the geographic middle of different communities, providing a place for fostering and strengthening relationships within a challenged neighborhood. The Mill Hill East Macon Arts Village promises to be a shining reminder of the birthplace of its city, Macon, while bolstering its residents and the local economy. Both teams worked with assets already present in the community. • Explore creative financing. Money can come from unforeseen places, such as the $211,000 gift to replace the roof on the Bibb Mill Auditorium. Stakeholders can use leverage or find partners to help share the cost of the project, as was done when Macon -Bibb County contributed $813,000 to complete construction of the auditorium and NEA's Our Town grant provided seed funding. • Seek equity and inclusiveness in project implementation. Some thought leaders acknowledge that creative placemaking, though intended to be an equalizer among people, has at times had the reverse effect, leading to the displacement of residents as investments boost the local economy and make areas unaffordable for some people. Mill Hill, for example, is starting with a goal of achieving equity and inclusiveness, a strategy likely to cultivate community pride and uplift not only in the local community, but also in Macon at large. The Hall employs innovative community engagement through its weekly breakfasts and sponsored job fairs, which directly address neighborhood unemployment, as well as, indirectly, related issues, including crime and drug use. Benefits of Placemaking Through creative placemaking, communities have the opportunity to become healthier places to live and work. Research has shown a strong connection between art and cultural assets in a community and social outcomes, including improvements in health, social connections, safety, housing burden, and economic well-being. Local governments also receive benefits such as increased tax revenues, job growth, and reduced public safety risks. In addition, there are benefits for real estate development professionals—developers, architects, planners, and others—who take measured risks and create groundbreaking projects, as J.C. Nichols did in Kansas City, Missouri, with his Country Club Plaza (est. 1922) and Abdo and Bozzuto did in the nation's capital nearly 90 years later with their Monroe Street Market. A recent focus group with developers, architects, planners, artists, and nonprofit arts organizations, convened by ULI Washington, highlighted potential benefits of creative placemaking for real estate developers. They include: • Lower development costs. "Time is money," said one focus group participant. Community engagement and buy -in, often critical to project success, can be costly to obtain. Gaining early community buy -in and support hastens zoning approvals and progress on other aspects of the development cycle. The focus group recommended early engagement of artists and otnerr27 members of the creative class for help in creating a sense of place showcasing existing community assets. • Higher project value. Uniqueness of place helps establish premium value for a project. For example, "expect to gain 5 percent additional rent when you put a grocery store on the ground floor of a new residential building;' one focus group participant said. Similarly, Monroe Street Market's unique Art Walk, artists' studios, and other factors, including innovative mixed-use project design, elevated the value of the residential units in the complex, helping investors realize a higher return. • Enhanced branding and market recognition. Just as Nichols received national and international recognition for Country Club Plaza—greatly enhancing his brand beyond Kansas City and Missouri—innovative art, culture, and design features can open doors and create opportunities that far exceed the outcomes of budgeted marketing activities. High potential value can be realized from placemaking led by innovative art, culture, and design, and implemented effectively and employing lessons learned and best practices. The community, government, developers, and other public and private partners all stand to benefit. While creative placemaking can be applied to projects Targe and small and across multiple land uses and real estate disciplines—housing, mixed use, transportation, and infrastructure—possibly the greatest opportunities can be found in communities in need of revitalization. A focus of ULI over the next two years, funded by a $250,000 grant from the Kresge Foundation, is to raise awareness of creative placemaking as an important component of building healthy places and to provide tools to assist in implementation of creative placemaking in real estate development projects. ULI's vision is that over time, increased use of creative placemaking will improve living conditions for low-income and other vulnerable populations living along commercial corridors and in neglected communities. The Institutes work is intended to be scalable and should be useful regardless of project size or income level in target communities, Juanita Hardy is ULI senior visiting fellow for creative placemaking. SHOW COMMFNTS Excerpt: The Well -Tempered City By Jonathan Rose October 11, 2016 Jonathan F.P. Rose is founder and president of the Jonathan Rose Companies, a multidisciplinary real estate development, planning, and investment firm. In his new book, Rose uses a metaphor from classical music to explain how cities can achieve harmony among competing needs and interests. The title refers to The Well -Tempered Clavier, two series of preludes and fugues completed by Johann Sebastian Bach in 1722 and 1742, which Rose says were composed to prove that a new system of tuning notes, called tempering, should replace a system that had been used for 2000 years. Through tempering, Rose writes, keys were tuned in a way that sounded pleasant when more than one key was played together. This tuning system allowed Bach's music to flow across keys in ways that no one had explored before, Rose writes. "It is a model of the task we have today in designing and reshaping our cities." Having completed $1.8 billion of work, the Rose Companies is a firm focused on working with cities and nonprofit entities to build affordable and mixed -income housing, as well as cultural, health, and educational infrastructure. In 2005, the firm launched the nation's first green transit -oriented acquisition and redevelopment fund, and in 2013 the firm's Via Verde housing development in New York City won a ULI Global Award for Excellence. Text Size A A A (� Pock Knief/ Cit Web) Entwinement The Fitness of the City Kenneth Burke, one of the most important American literary theorists of the 20th century, wrote that "people may be unfitted by being fit in an unfit fitness." The current state of many of our cities is an unfit fitness. They may be sufficiently adapted for short-term growth, but they lack the adaptive capacity to thrive in the high -stress environment of the future. They are fitted to unfitness. And that is because they do not understand their true purpose. URBANLAND THE MAGAZINE OF THE URBAN LAND INSTITUTE SECTIONS Urban Land > Planning & Design >10 Best Practices for Creative Placemaking 10 Best Practices for Creative Placemaking By Juanita Hardy April 26, 2017 MORE ULI SITES P828 Text Size' A A A Spearheaded by artist Theaster Gates and the Rebuild Foundation, in partnership with Brinshore Development, the Dorchester Art + Housing Collaborative on Chicago's south side transformed a bighted townhouse development into 32 mixed -income artist housing units (Ii Brinshore Development) Creative placemaking, an innovation that involves bringing art and culture in tandem with design to the beginning of a real estate development project, is gaining momentum around the globe, from small rural communities to Targe urban areas. South Carolina's 2017 Rural Summit, for example, sponsored by the state's department of commerce and held in March, included a presentation and panel on creative placemaking for summit participants, who included council members, city administrators, planners, and others hungry for knowledge about how creative placemaking strategies can be used to revitalize their communities. Of the 11 ULI 2016 Global Awards for Excellence recipients, four projects were selected largely because of creative placemaking features that contributed to their success. They were Wynwood Walls in Miami; the Strand American Conservatory Theater (ACT) in San Francisco; Tobin Center for the Performing Arts in San Antonio; and Daniels Spectrum in Toronto. Daniels Spectrum, for example, a community cultural hub and part of one of the largest urban revitalization initiatives in Toronto, is a multifaceted community event, studio, and performance space with accompanying office space that offers a place for local artists, musicians, and businesses to congregate and formulate new ideas. It has hosted over 800 events and attracted more than 150,000 visitors, contributing to the economic vibrancy of the Regent Park community. The new ACT, with a 285 -seat theater, educational facilities, a public lobby and cafe, and a black -box theater and rehearsal space, transformed the century -old movie theater into a nonprofit experimental performance space. The revived theater, with features that hark back to its past, serves as a EXHIBIT E key component of the revitalization of a desolate part of San Francisco, and is expected to attract over 100,000 visitors in its first year of operation. (Both award-winning projects are profiled in this issue, beginning on page 174.) Grassroots community initiatives like Project Row Houses in Houston transformed 22 crime -plagued "shotgun" houses in the city's oldest African American neighborhood into a thriving complex that has grown to 40 properties and provides space for housing, exhibitions, and other creative enterprises. Similarly, Dorchester Art + Housing Collaborative on Chicago's south side transformed a blighted townhome development into 32 mixed -income artist housing units (12 public housing, 11 affordable, and nine market -rate) and offers a community center for residents. It is a part of the cultural renaissance of the Greater Grand Crossing community spearheaded by artist Theaster Gates and the Rebuild Foundation, in partnership with Brinshore Development. The Dorchester Art + Housing Collaborative in Chicago includes a community center for residents. (t) Brinshore Development) These projects have a common theme of leading with art and culture and realizing outcomes that uplift and enliven, attract and connect people, promote health, and catalyze economic development. Implementing creative placemaking successfully, with measurable positive outcomes, can be realized by using best practices, gleaned from lessons learned on many projects over a long time. During the discovery phase of a two-year creative placemaking project funded by the Kresge Foundation, as part of ULI's Building Healthy Places Initiative, our research has identified ten best practices for project success. Begin with the end in mind. Envision what you would like to see—such as artfully designed buildings, an inclusive community, gathering places that promote health—but also what you do not want to see, such as displacement of existing residents, lack of diversity, or exclusionary housing. Be clear about motivation and goals, then engage the right players to think outside of the box to achieve those goals. Set no limits on the possibilities for combining art and culture with the built environment. For example, New York City's Sugar Hill Children's Museum in Harlem broke with convention by being the first art museum in an affordable housing complex. Bring in artists and the community early. Timing is everything. Art and culture need to be central to the project's design. Early engagement of these essential resources will facilitate a project that is well designed and inclusive and that meets the needs of the larger community. In 2015, ArtPlace America awarded six organizations in cities spanning the United States $3 million each to demonstrate the impact of early engagement of arts and culture in community development. Each organization will receive the $3 million over a three-year period. ArtPlace engaged PolicyLink to work with them to identify and share insights and best practices with the goal to make the grant recipients' social, physical, and economic placemaking strategies more inclusive. "Mine" local art and cultural assets. Understand what jewels exist in the community. Creative placemaking works best when it is used to amplify local community assets, fostering a sense of pride. Learn about the community's history and aspirations. Practice radical listening—meaning, keep a laser focus on one of author Stephen Covey's "seven habits:" seek first to understand. For instance, the Mill Hill arts village in Macon, Georgia, learned after its cultural -asset mapping that many residents like to cook. So, its new art center in the renovated auditorium will have a culinary art school. Engage local artists. Find and recruit artists in the local community, including visual artists, performing artists, poets, writers, P830 musicians, designers, chefs, and other creative types. Engaging local artists will help build buy -in. It is hoped there will be no need to find talent elsewhere. The Macon Arts Alliance learned this hard lesson after bringing artists from outside the state to Mill Hill for an art initiative. It created an atmosphere of distrust, leading the alliance to rescind its action and rebuild the relationship. Consult local arts organizations and local and state government art councils to find local artists. For example, in the Washington, D.C., metro area, the Washington Project for the Arts (WPA) is a nonprofit group dedicated to promoting the careers of artists and boasts a membership of thousands of local artists. Local art councils include the District of Columbia Commission on Arts and Humanities, the Arts and Humanities Council of Montgomery County (Maryland), and the Virginia Commission for the Arts. Understand and articulate stakeholder benefits. Explore how art and culture can contribute to both the social and economic vitality of a project. Be prepared to discuss benefits from various points of view. Focus on community -driven outcomes and what is meaningful to locals, but also focus on the hard facts needed to sell the project to private -sector investors and others. For example, the community may be interested in the project's impact on reducing crime or providing more activities for youth and seniors, while developers may need to quantify the project's impact on accelerating lease -ups or reducing project costs. Form cross -sector partnerships, including artists, community members, and public- and private -sector organizations. Having local community organizations engaged is key along with the involvement of local government, philanthropy, and other nonprofit partners. The Mill Hill Arts project had a variety of local, state, and federal partners, including the Macon Arts Alliance, the Urban Development Authority, Macon—Bibb County, local hospitals, the White House Strong Cities Strong Communities initiative, the National Endowment for the Arts (NEA), the Knight Foundation, and others. Identify the critical skills needed to deliver on project goals and outcomes. In addition to the skills provided by designers, architects, and artists, what other skills are needed? Collaboration is critical to the success of a project. Identify which skills are needed, match needs to the people within the group who have the necessary skills, and identify gaps that need to be met by recruiting new team members with new skills. Also make teams intergenerational by including youth and senior members. Your project team should reflect the inclusive nature of the project vision and goals. Look for early wins to generate excitement, visibility, and buy -in. For example, use pop -ups to draw people in and community gatherings to gain engagement. A good example is the Hall in the Tenderloin community of San Francisco. This pop-up culinary art project provides stalls for six food vendors, a bar, and free meeting space for local nonprofit groups, while the developer awaits entitlement to build a mixed-use retail and residential project with affordable housing on that site. Maintain a long view. Don't stop when the goals of the built environment are met. Consider programming that keeps the community engaged and the place alive and exciting. Monroe Street Market in Northeast Washington, D.C., a $250 million mixed- use transit -oriented development, engaged a nonprofit arts organization, CulturalDC, to manage its arts walk and relationship with artists in its 27 affordable artist studios on the ground floor of two buildings in its complex. CulturalDC, with local nonprofit Dance Place, supports Third Thursdays open artists' studios, dance, and other programs on an ongoing basis. Pursue creative financing. Where there is a will, there is a way. Money can come from unforeseen, unexpected places. Bethlehem Steel Stacks, the site of a former steel mill in Bethlehem, Pennsylvania, transformed into a sprawling art center, was funded through revenues from the local casino, which is also on the site of the old mill. Funding for the Harlem Sugar Hill affordable housing and museum complex in this New York City neighborhood was pieced together from 13 funding sources, including private lenders, philanthropy, low-income housing tax credits, HOME funds, and new markets tax credits. If your vision is the right one, for the right reasons, with appropriate stakeholder benefits, the money will come. Persevere. Creative placemaking strategies have been used successfully across many dimensions in the built environment. Housing and public spaces have been highlighted here, but creative placemaking can also be applied to transportation, health, infrastructure, and environmental systems. All stakeholders—community residents and businesses, government, developers, and other partners— stand to benefit. Creative placemaking strategies, when properly applied, can help differentiate a real estate development project, as ULI's Global Awards for Excellence program demonstrates, while simultaneously addressing social, economic, environmental, and other challenges. Many examples of successful creative placemaking initiatives exist, but there also are examples of failed ones or ones that have fallen short of meeting intended goals or outcomes. Using best practices has proved to differentiate the most successful projects, and has helped revitalize and foster healthy, sustainable communities. This is certainly a gain not only for affected communities, but also for everyone. Indeed, it is a gain for the greater global community of which we are all a part. UL Juanita Hardy is senior visiting fellow for creative placemaking at ULI. Hardy has over 43 years of business experience, including 31 years with IBM and ten years with Right Management, a global executive coaching and human capital development firm. She also has been active for over 30 years as a collector of fine art, a trustee on national nonprofit art boards—ArTrain USA (former) and ArtTable— and is a former executive director of CulturaIDC, a Washington, D.C.—based nonprofit art organization serving artists, nonprofit art organizations, developers, and property owners. SHOW COMMENTS P831 RESOLUTION NO.17-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2017-00177, TO ENACT REQUIREMENTS AND STANDARDS FOR PUBLIC ART A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00177, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On May 24, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above -referenced public hearing on May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Land Use Goal LU -14 identifies supporting public art as an important amenity of a beautiful city; and b. The General Plan Implementation Plan identified General Plan Land Use Goal LU -14 as a priority 3 (important) implementation action; and c. City Council Goal Al 1 directs staff to develop a public art ordinance and funding mechanism to support art within publicly accessible spaces; and d. Rancho Cucamonga has a very comprehensive review process with the goal of obtaining the highest quality design; and e. Creative placemaking is an emerging, interdisciplinary field that leverages the arts, design and other creative disciplines to build vibrant, distinctive and sustainable communities and economies; and f. The goal of the proposed amendment is to foster the development of creative placemaking within public spaces to encourage better community; and P832 PLANNING COMMISSION RESOLUTION NO.17-48 MUNICIPAL CODE AMENDMENT DRC2017-00177- CITY OF RANCHO CUCAMONGA May 24, 2017 Page 2 g. Art is a tool to draw people to these public spaces for dialogue, education and enjoyment, community problem solving, enhancement of the physical environment and celebration of public space. 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(6)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Code Amendment does not propose any physical change to the environment itself but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Code Amendment. Therefore, this project will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2017-00177 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of May 2017, by the following vote -to -wit: P833 PLANNING COMMISSION RESOLUTION NO.17-48 MUNICIPAL CODE AMENDMENT DRC2017-00177- CITY OF RANCHO CUCAMONGA May 24, 2017 Page 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: P834 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CREATIVE PLACEMAKING AND PUBLIC ART A. Recitals. 1. Public art enhances the quality of life for individuals living in, working in, and visiting Rancho Cucamonga by enhancing the physical beauty of the community; encouraging the development and appreciation of art; and enhancing the quality of development projects and the image of the community. 2. This Ordinance will promote the general welfare by encouraging pride in the community, build vibrant and distinctive spaces through placemaking, increasing property values, enhancing the quality of life through artistic opportunities, uniting the community through shared cultural experiences, and creating a cultural legacy for future generations through the collection and exhibition of high-quality art that reflects diverse styles that will acknowledge the past, usher in the future and create programs and activities that will further these goals. 3. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly notice public hearing regarding this Ordinance, and thereafter adopted Planning Commission Resolution 17-48 setting forth its recommendation regarding this Ordinance. 4. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly noticed public hearing regarding this Ordinance. 5. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council finds further based the facts found to be true and correct in the preceding Section 1 and substantial evidence presented during its public hearing on this Ordinance as follows: 1. This Ordinance is consistent with the City's General Plan. This Ordinance meets General Plan Land Use Goal LU -14 by supporting public art as an important amenity of a beautiful City. This Ordinance also meets City Council Goal All by developing a public art ordinance and funding mechanism to support art within publicly accessible spaces. ATTACHMENT A P835 2. Adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. This Ordinance does not propose any physical change to the environment itself, but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Ordinance. Therefore, this Ordinance will not have a significant effect on the environment. SECTION 3. A new Chapter 2.26, entitled "Public Art Committee," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 2.26 - Public Art Committee 2.26.010 Public Art Committee. A. There is established a Public Art Committee to advise the Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. B. The Public Art Committee shall consist of five members appointed by the Council as follows: (i) one member of the Planning Commission; (ii) one member of the Parks and Recreation Commission; (iii) one member of the Community and Arts Foundation; and (iv) two members of the public to be appointed based on relevant work experience, trade, industry, or expertise. C. The City Council shall prescribe by resolution the duties, terms of service, qualifications, and compensation of committee members. D. The City Manager or his or her designee shall assist the Public Art Committee in fulfilling its duties. 2.26.020 Meetings. Regular meetings of the Public Art Committee shall be held at such time and place as is determined by resolution of the City Council." P836 SECTION 4. A new Chapter 3.72, entitled "Public Art Trust Fund," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 3.72 - Public Art Trust Fund 3.72.010 Creation of Public Art Trust Fund. There is hereby created a special fund to be known as the "City of Rancho Cucamonga Public Art Trust Fund." 3.72.020. Use of Funds A. All money received by the City from endowments or gifts to the City of Rancho Cucamonga designated for the arts or pursuant to Section 17.124.020.D.2 shall be placed in the Public Art Trust Fund. All money shall be deposited, invested, accounted for, and expended as follows: 1. The City of Rancho Cucamonga Public Art Trust Fund shall only be utilized for the following purposes: a. The design, acquisition, installation, improvement, maintenance, and insurance of public art work displayed by the City or on City property. b. Art education programs for the community conducted on City property; provided, that not more than five (5%) percent of the fund's annual budget shall be used for this purpose. c. Administrative costs reasonably related to either of the preceding purposes. 2. Money deposited in the Public Art Trust Fund shall be held in a manner to avoid any commingling with other revenues and funds of the City of Rancho Cucamonga, except for temporary investments, and all funds shall be expended solely for the purposes for which they were collected. Any interest income earned by the money in the Public Art Trust Fund shall be deposited in the Public Art Trust Fund and shall be expended only for the purpose for which the money was originally collected. B. The City Council shall establish procedures for selecting art work to be purchased using funds found in the Public Art Trust Fund, which may include but shall not be limited to the following: (1) open competition; (2) limited competition; (3) invitation; (4) direct purchase; (5) donation; or (6) any combination of the above. P837 3.72.030 Return of Fees Paid In Lieu of Providing Public Art. A. A project developer or its successor, may submit a written request to the City for the return of any fees paid pursuant to Section 17.124.020.D.2 in lieu of providing public art work that are not committed within ten years of payment, together will all interest earned thereon. The request shall be verified and shall include the date of payment; the amount paid and method of payment; the location of the development project for which the fee was paid; and a statement that the project developer or its successor is the payer of the fees and/or the current owner of the development project. B. The City Council shall review the request and determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines that the fee is still needed for the purposes of the Public Art Trust Fund." SECTION 5. A new Chapter 17.124, entitled "Design Provisions for Public Art," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 17.124 - Design Provisions for Public Art 17.124.010 Purpose. The purpose of this chapter is to promote the general welfare and enhance the quality of life for City residents, workers, and visitors by requiring certain development to include or provide for public art. 17.124.020 Public Art Required. A. The requirements of this chapter shall apply to any development subject to site development review, minor design review, or design review that meets one or both of the following criteria: 1. All residential development projects that propose to develop four (4) or more dwelling units. 2. All commercial, office, or industrial development projects with a project valuation or valuations exceeding one million dollars ($1,000,000) in the aggregate, based on most recent International Code Council building valuation data. B. Notwithstanding anything else in this section, the requirements of this chapter shall not apply to: 1. Residential projects with a density equal to or less than 4 dwelling units per acre. P838 2. Residential projects that contain income restricted affordable housing units where the value of the restricted unit(s) equals or exceeds the minimum value of the art work that would otherwise be required. 3. Remodeling, addition to, or both of existing residential buildings or accessory structures. 4. Remodeling of existing commercial, office, or industrial buildings that do not include any exterior modifications to the building. 5. Remodeling, addition to, or both of existing commercial, office, or industrial buildings for which art work was previously installed, donated, or for which an in lieu fee was paid pursuant to the requirements of this Chapter, regardless of whether such remodeling, addition to, or both includes interior modifications, exterior modifications, or both. 6. Public school facilities. 7. Places of worship. 8. Reconstruction of buildings that have been damaged by fire, flood, wind, earthquake, or other natural disaster, where the reconstructed buildings are substantially similar to the original buildings. 9. Wireless Communication Facilities. C. All development projects subject to this chapter must include art work that has a minimum value that meets or exceeds an amount equal to the sum of: $750 per residential unit developed: and $1 per square foot of commercial, office, or industrial development. D. In lieu of providing the art required by the preceding paragraph C, the applicant may do either of the following: 1. Donate to the City art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 below. 2. Pay an in -lieu fee into the City's Public Art Trust Fund equal to the minimum value of the art work that would otherwise be included in the development project. E. No final approval, such as a final inspection or a certificate of occupancy, for any development project subject to this chapter shall P839 be granted or issued unless and until the requirements of this chapter have been met. For purposes of this requirement, compliance shall be measured in light of the conditions of approval for the project, including but not limited to any approved phased development plan. In furtherance of any phasing plan or project completion schedule, the City may accept bonds or other surety to assist in the completion of the project, provided they are in a form and manner acceptable to the Planning Director and City Attorney. 17.124.030 Donated Art Work A. Art work donated to the City pursuant to this chapter must meet the design standards in section 17.124.040 of this chapter and shall be subject to the final approval and acceptance by the City Council, upon recommendation of the Public Art Committee. Upon final acceptance by the City Council, the donated art work shall be the sole property of the City. B. If a developer elects to donate art work to the City in lieu of providing art work as required by section 17.124.020.C, the donation shall be secured by a cash deposit in an amount that meets or exceeds the required minimum value of the art work or a performance bond for the same amount and in a form approved by the City Attorney. The security, regardless of the form, shall become payable to the City and deposited into the City's Public Art Trust Fund in the event the developer fails to donate art work acceptable to the City as required by this chapter. 17.124.040 Public Art Design Standards A. For purposes of this chapter, "art work" means original or limited edition artistic creations, and may include, but is not limited to, sculptures, paintings, monuments, water features, glasswork, and ceramics. B. Media may include but are not be limited to, steel, bronze, wood, stone, tile, concrete, any other durable materials able to withstand outdoor conditions, or any of these. For these purposes, "durable" means lasting, enduring and highly resistant to deterioration due to weather or the passage of time. C. Art work must be of a scale and setting as to complement the adjacent physical building, improvements, and property. D. Art work must be installed in a public place, which means any exterior area on public or private property that is easily accessible to the general public or clearly visible to the general public from adjacent P840 public property, such as a street or other public thoroughfare or sidewalk. E. Art work must be accompanied by a plaque identifying the name of the art work, the artist(s), and the date of installation. The plaque must be installed in close proximity to the art work. F. Art work installed on private property shall qualify towards the minimum landscaping requirements of Chapter 17.56. G. Art work may be combined with functional elements of the development project (such as bike racks, shade structures, bus shelters, trash receptacles) only if, when the elements are viewed as a whole, the expressive design elements predominate over utilitarian concerns. H. The following shall not count towards meeting the public art requirement of this chapter: 1. Landscaping, unless substantially comprised elements that otherwise qualify as art work. 2. Mass-produced or "off the shelf" decorative or items. 3. Historical or memorial markers or statuary. I. Art work must meet the minimum required valuation for the project. 1. The project developer may claim the following expenses in satisfaction of the minimum value of the required art work: of durable ornamental a. Artist's fees; b. Art materials; c. Fabrication or manufacturing of the art work; d. Transportation of the art work; e. Base, mounting, or pedestal for the art work; f. Building permits for installation of the art work; Identification plaque for the art work; Lighting instruments specifically lighting the art work; i. Installation of the art work; g. h. P841 j. Structural engineering for the art work; k. Motors or subterranean equipment directly necessary for the installation of the art work; I. Water related costs for the art that includes artist designed water features not to exceed thirty (30%) percent of the total value of the art work; m. Art consultant fees (if applicable) not to exceed a maximum of fifteen (15%) percent of the value of the art work; and n. Any fees paid to public art experts (such as art conservators, qualified appraisers, etc.) that are required by the City. 2. The following expenses shall not be counted toward the minimum value of the required art work: a. Expenses related to locating the artist, including but not limited to, airfare, hotel, taxi fares and other travel related expenses; b. Architect, landscape architect, or other design professional fees; c. Site preparation for public art installation, including but not limited to grading, demolition or removal of items or structures and installation of utilities to the site; d. Landscaping surrounding the art; e. Items around the public art that is not conceptualized, designed, and fabricated by the selected artist; f. Utility fees associated with activating electronic or water generated art; g. Lighting elements not integral to the illumination of the art; h. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing the sculpture's image; or i. Dedication ceremonies, including art unveilings or grand openings. P842 J. Architecture may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the architect is recognized by the artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, or publications. 2. Whether, when the building is viewed as a whole, the expressive architectural design elements predominate over utilitarian concerns. 3. Whether the architecture was designed in collaboration with an artist who has: (a) experience with monumental scale sculpture; (b) major design control of the portions of the architecture to be considered as art; and (3) been involved in development of the project from early on in the design process. K. Commercial signage may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the sign is an original work, based on a unique and original design. 2. Whether the designer is recognized by the artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, or publications. 3. Whether, when the sign is viewed as a whole, the expressive design elements predominate over the commercial message. 4. Whether the sign was designed in collaboration with a designer who has: (a) experience designing signs that are unique and original; (b) substantial control over those portions of the sign to be considered as art; and (3) been involved in design of the sign from early on in the design process. 17.124.050 Submittals. The project developer shall submit, on a form or forms provided by the City, an application for installation of art work on private property or donation of art work to the City that contains the following information as applicable to the project in addition to any other information as may be required by the City to adequately evaluate the proposed the art work.: A. The artist's or artists' name(s), qualifications and examples of past work. P843 B. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work and an artist warranty as to the originality of title to the art work. C. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs, that demonstrates satisfaction of the minimum required value of the art work. D. A written agreement executed by the artist or artists who created the art work that expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws. E. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the art work and its compatibility with the proposed development project and/or with the character of adjacent developed parcels and the existing neighborhood. F. A written statement executed by the property owner and approved by the City Attorney that requires the landowner or his or her successors and assigns to defend, indemnify, and hold the City harmless against any liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from any claim, action or liability related to the art work. G. If the project developer proposes to satisfy the public art requirement with architecture, it must before its application can be deemed complete submit to the approving authority at a pre -application review: (a) a maquette and other materials that satisfactorily illustrate the proposed conceptual development; and (b) a statement explaining why the architecture should be considered an art work, including but not limited to an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture. Nothing in this paragraph shall be deemed to require the reviewing authority's approval of the submittal at the pre - application review before the application is deemed complete. 17.124.060 Applications to Donate Art Work to the City Applications for art work donated to the City shall be subject to additional review by the Public Art Committee, which shall make a recommendation to the City Council regarding whether the proposed donation is consistent with the purposes of this chapter. P844 17.124.070 Ownership and Maintenance of Art Work Placed on Private Property. A. All art work installed pursuant to this chapter on the site of a development project shall remain the property of the owner of the site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns, which owner must provide all maintenance necessary to preserve and maintain the art work in good condition and in the manner approved by the City. B. The obligation to maintain the art work shall be enforced as follows: 1. Prior to the installation of the art work on a development project, the property owner shall record a document with the county recorder setting forth a description of the art work and acknowledging the obligation of the property owner to repair and maintain it. This document and the underlying covenant shall run with the land and provide notice to future property owners of the obligation to repair and maintain the art work and of certain limitations related to any federal, state or local laws governing the rights of the artists including but not limited to rights regarding the alteration, modification or relocation of subject art work. The City shall be a signatory party to this document, and its final form and content shall be approved by the City Attorney. 2. The obligation to maintain the art work shall include, without limitation, preserving the art work in good condition to the satisfaction of the City of Rancho Cucamonga, protecting, repairing, restoring, or replacing the art work in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: (a) fire; (b) flood, wind, earthquake, or other natural disaster; (b) vandalism; and (c) extended liability. 3. Any time the City determines that art work has not been maintained in substantial conformity with the manner in which it was originally approved, the City shall require the current property owner to either: a. Maintain, repair, restore, or replace the art work; or b. After reasonable notice: (i) pay the lesser of either the costs estimated by the City to be required to maintain, repair, restore, or replace the art work and/or secure and maintain insurance for the art work; and (ii) provide the City or its representatives reasonable access to the property to perform any necessary to maintain, repair, restore, or replace the art work. C. If an owner wishes to replace art work required by this chapter for any reason, including but not limited to theft, destruction, removal, or personal preference, the replacement art work shall be subject to the review and approval of the original approving authority, which shall determine whether the replacement art work meets the criteria set forth in this chapter." SECTION 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 2017. SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this day of Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice Reynolds City Clerk P845 P846 RESOLUTION NO.17-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2017-00177, TO ENACT REQUIREMENTS AND STANDARDS FOR PUBLIC ART A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00177, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On May 24, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above -referenced public hearing on May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Land Use Goal LU -14 identifies supporting public art as an important amenity of a beautiful city; and b. The General Plan Implementation Plan identified General Plan Land Use Goal LU -14 as a priority 3 (important) implementation action; and c. City Council Goal Al 1 directs staff to develop a public art ordinance and funding mechanism to support art within publicly accessible spaces; and d. Rancho Cucamonga has a very comprehensive review process with the goal of obtaining the highest quality design; and e. Creative placemaking is an emerging, interdisciplinary field that leverages the arts, design and other creative disciplines to build vibrant, distinctive and sustainable communities and economies; and f. The goal of the proposed amendment is to foster the development of creative placemaking within public spaces to encourage better community; and ATTACHMENT 2 P847 PLANNING COMMISSION RESOLUTION NO.17-48 MUNICIPAL CODE AMENDMENT DRC2017-00177- CITY OF RANCHO CUCAMONGA May 24, 2017 Page 2 g. Art is a tool to draw people to these public spaces for dialogue, education and enjoyment, community problem solving, enhancement of the physical environment and celebration of public space. 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(6)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Code Amendment does not propose any physical change to the environment itself but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Code Amendment. Therefore, this project will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2017-00177 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 7 rancisco Oaxaca, Chairman ATTEST:0--•-/ Ca ett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of May 2017, by the following vote -to -wit: P848 PLANNING COMMISSION RESOLUTION NO.17-48 MUNICIPAL CODE AMENDMENT DRC2017-00177- CITY OF RANCHO CUCAMONGA May 24, 2017 Page 3 AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE P849 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CREATIVE PLACEMAKING AND PUBLIC ART A. Recitals. 1. Placemaking and public art enhances the quality of life for individuals living in, working in, and visiting Rancho Cucamonga by enhancing the physical beauty of the community; providing gathering places for residents who live in the community; encouraging the development and appreciation of art; and enhancing the quality of development projects and the image of the community. 2. This Ordinance will promote the general welfare by encouraging pride in the community, build vibrant and distinctive spaces through placemaking, increasing property values, enhancing the quality of life through artistic opportunities, uniting the community through shared cultural experiences, and creating a cultural legacy for future generations through the collection and exhibition of high-quality art in unique public spaces which reflects diverse styles that will acknowledge the past, usher in the future and create programs and activities that will further these goals. 3. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly notice public hearing regarding this Ordinance, and thereafter adopted Planning Commission Resolution 17-48 setting forth its recommendation regarding this Ordinance. 4. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly noticed public hearing regarding this Ordinance. 5. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council finds further based the facts found to be true and correct in the preceding Section 1 and substantial evidence presented during its public hearing on this Ordinance as follows: 1. This Ordinance is consistent with the City's General Plan. This Ordinance meets General Plan Land Use Goal LU -14 by supporting public art as an important amenity of a beautiful City. This Ordinance also meets City Council Goal All by P850 developing a public art ordinance and funding mechanism to support art within publicly accessible spaces. 2. Adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. This Ordinance does not propose any physical change to the environment itself, but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Ordinance. Therefore, this Ordinance will not have a significant effect on the environment. SECTION 3. A new Chapter 2.26, entitled "Public Art Committee," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 2.26 - Public Art Committee 2.26.010 Public Art Committee. A. There is established a Public Art Committee to advise the Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. B. The Public Art Committee shall consist of five members appointed by the Council as follows: (i) one member of the Planning Commission; (ii) one member of the Parks and Recreation Commission; (iii) one member of the Community and Arts Foundation; and (iv) two members of the public to be appointed based on relevant work experience, trade, industry, or expertise. C. The City Council shall prescribe by resolution the duties, terms of service, qualifications, and compensation of committee members. D. The City Manager or his or her designee shall assist the Public Art Committee in fulfilling its duties. 2.26.020 Meetings. Regular meetings of the Public Art Committee shall be held at such time and place as is determined by resolution of the City Council." P851 SECTION 4. A new Chapter 3.72, entitled "Public Art Trust Fund," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 3.72 - Public Art Trust Fund 3.72.010 Creation of Public Art Trust Fund. There is hereby created a special fund to be known as the "City of Rancho Cucamonga Public Art Trust Fund." 3.72.020. Use of Funds A. All money received by the City from endowments or gifts to the City of Rancho Cucamonga designated for the arts or pursuant to Section 17.124.020.D.2 shall be placed in the Public Art Trust Fund. All money shall be deposited, invested, accounted for, and expended as follows: 1. The City of Rancho Cucamonga Public Art Trust Fund shall only be utilized for the following purposes: a. The design, acquisition, installation, improvement, maintenance, and insurance of public art work displayed by the City or on City property. b. Art education programs for the community conducted on City property; provided, that not more than five (5%) percent of the fund's annual budget shall be used for this purpose. c. Administrative costs reasonably related to either of the preceding purposes. 2. Money deposited in the Public Art Trust Fund shall be held in a manner to avoid any commingling with other revenues and funds of the City of Rancho Cucamonga, except for temporary investments, and all funds shall be expended solely for the purposes for which they were collected. Any interest income earned by the money in the Public Art Trust Fund shall be deposited in the Public Art Trust Fund and shall be expended only for the purpose for which the money was originally collected. B. The City Council shall establish procedures for selecting art work to be purchased using funds found in the Public Art Trust Fund, which may include but shall not be limited to the following: (1) open competition; (2) limited competition; (3) invitation; (4) direct purchase; (5) donation; or (6) any combination of the above. P852 3.72.030 Return of Fees Paid In Lieu of Providing Public Art. A. A project developer or its successor, may submit a written request to the City for the return of any fees paid pursuant to Section 17.124.020.D.2 in lieu of providing public art work that are not committed within ten years of payment, together will all interest earned thereon. The request shall be verified and shall include the date of payment; the amount paid and method of payment; the location of the development project for which the fee was paid; and a statement that the project developer or its successor is the payer of the fees and/or the current owner of the development project. B. The City Council shall review the request and determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines that the fee is still needed for the purposes of the Public Art Trust Fund." SECTION 5. A new Chapter 17.124, entitled "Design Provisions for Public Art," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 17.124 - Design Provisions for Public Art 17.124.010 Purpose. The purpose of this chapter is to promote the general welfare and enhance the quality of life for City residents, workers, and visitors by improved public placemaking which will require certain developments to include or provide for public art or architecture that qualifies as art. 17.124.020 Public Art Required. A. The requirements of this chapter shall apply to any development subject to site development review, minor design review, or design review that meets one or both of the following criteria: 1. All residential development projects that propose to develop four (4) or more dwelling units. 2. All commercial, office, or industrial development projects with a project valuation or valuations exceeding one million dollars ($1,000,000) in the aggregate, based on most recent International Code Council building valuation data. B. Notwithstanding anything else in this section, the requirements of this chapter shall not apply to: P853 1. Residential projects with a density equal to or Tess than 4 dwelling units per acre. 2. Residential projects that contain income restricted affordable housing units where the value of the restricted unit(s) equals or exceeds the minimum value of the art work that would otherwise be required. 3. Remodeling, addition to, or both of existing residential buildings or accessory structures. 4. Remodeling of existing commercial, office, or industrial buildings that do not include any exterior modifications to the building. 5. Remodeling, addition to, or both of existing commercial, office, or industrial buildings for which art work was previously installed, donated, or for which an in lieu fee was paid pursuant to the requirements of this Chapter, regardless of whether such remodeling, addition to, or both includes interior modifications, exterior modifications, or both. 6. Public school facilities. 7. Places of worship. 8. Reconstruction of buildings that have been damaged by fire, flood, wind, earthquake, or other natural disaster, where the reconstructed buildings are substantially similar to the original buildings. 9. Wireless Communication Facilities. C. All development projects subject to this chapter must include art work that has a minimum value that meets or exceeds an amount equal to the sum of: $750 per residential unit developed: and $1 per square foot of commercial, office, or industrial development. D. In lieu of providing the art required by the preceding paragraph C, the applicant may do either of the following: 1. Donate to the City art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 below. 2. Prior to the issuance of a building permit, pay on a per unit basis, an in -lieu fee into the City's Public Art Trust Fund, equal P854 to the minimum value of the art work that would otherwise be included in the development project. E. No final approval, such as a final inspection or a certificate of occupancy, for any development project subject to this chapter shall be granted or issued unless and until the requirements of this chapter have been met. For purposes of this requirement, compliance shall be measured in light of the conditions of approval for the project, including but not limited to any approved phased development plan. In furtherance of any phasing plan or project completion schedule, the City may accept bonds or other surety to assist in the completion of the project, provided they are in a form and manner acceptable to the Planning Director and City Attorney. 17.124.030 Donated Art Work A. Art work donated to the City pursuant to this chapter must meet the design standards in section 17.124.040 of this chapter and shall be subject to the final approval and acceptance by the City Council, upon recommendation of the Public Art Committee. Upon final acceptance by the City Council, the donated art work shall be the sole property of the City. B. If a developer elects to donate art work to the City in lieu of providing art work as required by section 17.124.020.C, the donation shall be secured by a cash deposit in an amount that meets or exceeds the required minimum value of the art work or a performance bond for the same amount and in a form approved by the City Attorney. The security, regardless of the form, shall become payable to the City and deposited into the City's Public Art Trust Fund in the event the developer fails to donate art work acceptable to the City as required by this chapter. 17.124.040 Public Art Design Standards A. For purposes of this chapter, "art work" means original or limited edition artistic creations, and may include, but is not limited to, sculptures, paintings, monuments, water features, glasswork, lighting, ceramics and in exceptional circumstances, landscaping elements. B. Media may include but are not be limited to, steel, bronze, wood, stone, tile, concrete, lighting, any other durable materials able to withstand outdoor conditions, or any combination of these, including in exceptional circumstances, plant materials. For these purposes, "durable" means lasting, enduring and highly resistant to deterioration due to weather or the passage of time. P855 C. Art work must be of a scale and setting as to complement the adjacent physical building, improvements, and property. D. Art work must be installed in a public place, which means any exterior area on public or private property that is easily accessible to the general public or clearly visible to the general public from adjacent public property, such as a street or other public thoroughfare or sidewalk. E. Art work must be accompanied by a plaque identifying the name of the art work, the artist(s), and the date of installation. The plaque must be installed in close proximity to the art work. F. Art work installed on private property shall qualify towards the minimum landscaping requirements of Chapter 17.56. G. Art work may be combined with functional elements of the development project (such as bike racks, shade structures, bus shelters, trash receptacles) only if, when the elements are viewed as a whole, the expressive design elements predominate over utilitarian concerns. H. The following shall not count towards meeting the public art requirement of this chapter: 1. Landscaping, unless substantially comprised of durable elements that otherwise qualify as art work. 2. Mass-produced or "off the shelf" decorative or ornamental items. 3. Historical or memorial markers or statuary. I. Art work must meet the minimum required valuation for the project. 1. The project developer may claim the following expenses in satisfaction of the minimum value of the required art work: a. Artist's fees; b. Art materials; c. Fabrication or manufacturing of the art work; d. Transportation of the art work; e. Base, mounting, or pedestal for the art work; f. Building permits for installation of the art work; g. Identification plaque for the art work; h. Lighting instruments specifically lighting the art work; i. Installation of the art work; j. Structural engineering for the art work; k. Motors or subterranean equipment directly necessary for the installation of the art work; I. Water related costs for the art that includes artist designed water features not to exceed thirty (30%) percent of the total value of the art work; m. Art consultant fees (if applicable) not to exceed a maximum of fifteen (15%) percent of the value of the art work; and n. Any fees paid to public art experts (such as art conservators, qualified appraisers, etc.) that are required by the City. 2. The following expenses shall not be counted toward the minimum value of the required art work: a. Expenses related to locating the artist, including but not limited to, airfare, hotel, taxi fares and other travel related expenses; b. Architect, landscape architect, or other design professional fees; c. Site preparation for public art installation, including but not limited to grading, demolition or removal of items or structures and installation of utilities to the site; d. Landscaping surrounding the art; e. Items around the public art that is not conceptualized, designed, and fabricated by the selected artist; f. Utility fees associated with activating electronic or water generated art; g. Lighting elements not integral to the illumination of the art; P856 P857 h. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing the sculpture's image; or i. Dedication ceremonies, including art unveilings or grand openings. J. Architecture and/or Landscape Architecture may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the architect/landscape architect is recognized by the professional or artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, professional or industry awards or publications. 2. Whether, when the building or landscape architecture is viewed as a whole, the expressive architectural design elements predominate over utilitarian concerns. 3. Whether the architecture/landscape architecture was designed in collaboration with an artist who has: (a) experience with monumental scale sculpture; (b) major design control of the portions of the architecture to be considered as art; and (3) been involved in development of the project from early on in the design process. K. Commercial signage and/or artistic lighting may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the sign or lighting is an original work, based on a unique and original design. 2. Whether the designer is recognized by the artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, or publications. 3. Whether, when the sign or lighting is viewed as a whole, the expressive design elements predominate over the commercial message or utilitarian concerns. 4. Whether the sign or lighting was designed in collaboration with a designer who has: (a) experience designing signs that are unique and original; (b) substantial control over those portions of the sign to be considered as art; and (3) been involved in design of the sign from early on in the design process. P858 17.124.050 Submittals. The project developer shall submit, on a form or forms provided by the City, an application for installation of art work on private property or donation of art work to the City that contains the following information as applicable to the project in addition to any other information as may be required by the City to adequately evaluate the proposed the art work.: A. The architect, landscape architect, designer or artists' name(s), qualifications and examples of past work. B. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work and an artist warranty as to the originality of title to the art work. C. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs, that demonstrates satisfaction of the minimum required value of the art work. D. A written agreement executed by the artist or artists who created the art work that expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws. E. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the art work and its compatibility with the proposed development project and/or with the character of adjacent developed parcels and the existing neighborhood. F. A written statement executed by the property owner and approved by the City Attorney that requires the landowner or his or her successors and assigns to defend, indemnify, and hold the City harmless against any liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from any claim, action or liability related to the art work. G. If the project developer proposes to satisfy the public art requirement with architecture, it must before its application can be deemed complete submit to the approving authority at a pre -application review: (a) a maquette and other materials that satisfactorily illustrate the proposed conceptual development; and (b) a statement explaining why the architecture should be considered an art work, including but not limited to an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture. Nothing in this paragraph shall be deemed to require the reviewing authority's approval of the submittal at the pre - application review before the application is deemed complete. P859 17.124.060 Applications to Donate Art Work to the City Applications for art work donated to the City shall be subject to additional review by the Public Art Committee, which shall make a recommendation to the City Council regarding whether the proposed donation is consistent with the purposes of this chapter. 17.124.070 Ownership and Maintenance of Art Work Placed on Private Property. A. All art work installed pursuant to this chapter on the site of a development project shall remain the property of the owner of the site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns, which owner must provide all maintenance necessary to preserve and maintain the art work in good condition and in the manner approved by the City. B. The obligation to maintain the art work shall be enforced as follows: 1. Prior to the installation of the art work on a development project, the property owner shall record a document with the county recorder setting forth a description of the art work and acknowledging the obligation of the property owner to repair and maintain it. This document and the underlying covenant shall run with the land and provide notice to future property owners of the obligation to repair and maintain the art work and of certain limitations related to any federal, state or local laws governing the rights of the artists including but not limited to rights regarding the alteration, modification or relocation of subject art work. The City shall be a signatory party to this document, and its final form and content shall be approved by the City Attorney. 2. The obligation to maintain the art work shall include, without limitation, preserving the art work in good condition to the satisfaction of the City of Rancho Cucamonga, protecting, repairing, restoring, or replacing the art work in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: (a) fire; (b) flood, wind, earthquake, or other natural disaster; (b) vandalism; and (c) extended liability. 3. Any time the City determines that art work has not been maintained in substantial conformity with the manner in which P860 it was originally approved, the City shall require the current property owner to either: a. Maintain, repair, restore, or replace the art work; or b. After reasonable notice: (i) pay the lesser of either the costs estimated by the City to be required to maintain, repair, restore, or replace the art work and/or secure and maintain insurance for the art work; and (ii) provide the City or its representatives reasonable access to the property to perform any necessary to maintain, repair, restore, or replace the art work. C. If an owner wishes to replace art work required by this chapter for any reason, including but not limited to theft, destruction, removal, or personal preference, the replacement art work shall be subject to the review and approval of the original approving authority, which shall determine whether the replacement art work meets the criteria set forth in this chapter." SECTION 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this day of 2017. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 2017, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice Reynolds City Clerk P861 CITY OF RANCHO CUCAMONGA MAY 24, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA of a logistics building o • • • -" - - - - - •• • ' - • •f five 5 •arcels with a combined area 515,690 square feet (11.84 acres) in Planning Area 5, o e Lakes Specific Plan, located at the northeast corner of 4th Street and Utica Ave - PNs: 0210- 082-78, -79, -84, -89 and -90. Related Files. Specific Plan Amendm • `C2016-00931 and Design Review DRC2016-00670. Staff has prepared a Miti• • Negative Declaration of environmental impacts for consideration. Dominick Perez- Associate Planner stated ers were received regarding the proposed Mitigated Negative Declaration and bec- e the concerns stated in the letter may take time to resolve. staff is requesting a con ance to an unspecified date. For Items E10 -E12 Moved by Fletcher. .nded by Wimberly. carried 4-0-1 (Oaxaca absent) to continue Specific Plan Amend - DRC2016-00931. Design Review DRC2016-00670 and Tree Removal Permit D r ' ' 16-00671 to an unspecified date. E13 M ICIPAL CODE AMENDMENT DRC2017-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Titles 2, 3 and 17 of the Municipal Code to enact requirements and standards for art in public places. This item is exempt from the requirements of the California somr Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15601(b)(3). This item will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner gave a Powerpoint Presentation (copy on file) Commissioner Fletcher noted that flexibility has been added He asked if any comments were received from stakeholders, BIA. or the Chamber He said he can see where the developer could build in a valuable enhancement to his project Ms. Nakamura said they had a variety of concerns such as the fees She said they were too high and prohibitive. She said most of their concerns have been addressed. She said they wanted flexibility about the artists that could be used -she said the City has no preference but we do want recognized artists or experts in their field. She said they wanted phasing for larger longer projects so they could install when it works for their phasing. She said overall, the groups thought the concept of adding art adds value but they want it to work for everyone She said the Lewis group was the main voice of the BIA and gave us ideas and we believe we reached some middle ground Creating spaces/places falls in line with what they want to do in development. Page 10 of 14 ATTACHMENT 3 CITY OF RANCHO CUCAMONGA MAY 24, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER, COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Fletcher asked if for example Empire Lakes/mixed use development what would be considered to determine the fee and if it would also go to the DRC for review along with the development application. He asked if they would always go to DRC. Ms Nakamura reported that the number of residential units as well as the amount of commercial space would be calculated. Vice Chairman Macias clarified that the developer has a choice; they can build on site, donate or pay an in lieu fee. Ms. Nakamura said that is true but we prefer they install the art Commissioner Fletcher asked if for smaller developments if their fees go into a fund. Ms. Nakamura said they can and the Art Committee will advise the City Council as to how those funds are spent, the selection process of pieces and the design of the art. Commissioner Fletcher asked if the funds can be banked. Ms. Nakamura said we are allowed to bank the money for 10 years or the developer can request it be returned to the developer if they are still un -used at that point the unless City Council determines the funds will be saved for a specific. larger art project in the future (beyond the 10 years). Vice Chairman Macias noted the Art Committee would be responsible for creating the priorities of how those banked funds would be used. He then opened the public hearing and seeing and hearing no comment, closed the public hearing. For Item E13 Moved by Munoz. seconded by Wimberly, carried4-0-1 (Oaxaca absent) to adopt the Resolution Recommending Approval of Municipal Code Amendment DRC2017-00177 to be forwarded to the City Council for final action. TRACT MAP SUBTT20073 — Ir ' • . • _ • ; -. — A review of a proposed subdivision of a property of about 84 acres into twent and one (1) lettered lot located within the Em. - - _ n, - arming Area 1, located north of 4th Street, south of . , 'Test of Milliken Avenue, and east of Utica/Cleveland Avenues - APNs ' , --1, -49, and -52. Related files: General Plan Amendment DRC2015-00114. Page 11 of 14 P864 ORDINANCE NO. 912 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CREATIVE PLACEMAKING AND PUBLIC ART A. Recitals. 1. Placemaking and public art enhances the quality of life for individuals living in, working in, and visiting Rancho Cucamonga by enhancing the physical beauty of the community; providing gathering places for residents who live in the community; encouraging the development and appreciation of art; and enhancing the quality of development projects and the image of the community. 2. This Ordinance will promote the general welfare by encouraging pride in the community, build vibrant and distinctive spaces through placemaking, increasing property values, enhancing the quality of life through artistic opportunities, uniting the community through shared cultural experiences, and creating a cultural legacy for future generations through the collection and exhibition of high-quality art in unique public spaces which reflects diverse styles that will acknowledge the past, usher in the future and create programs and activities that will further these goals. 3. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly notice public hearing regarding this Ordinance, and thereafter adopted Planning Commission Resolution 17-48 setting forth its recommendation regarding this Ordinance. 4. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council finds further based the facts found to be true and correct in the preceding Section 1 and substantial evidence presented during its public hearing on this Ordinance as follows: 1. This Ordinance is consistent with the City's General Plan. This Ordinance meets General Plan Land Use Goal LU -14 by supporting public art as an important amenity of a beautiful City. This Ordinance also meets City Council Goal All by developing a public art ordinance and funding mechanism to support art within publicly accessible spaces. P865 2. Adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. This Ordinance does not propose any physical change to the environment itself, but instead revises existing land use regulations to require certain development projects that require discretionary review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Ordinance. Therefore, this Ordinance will not have a significant effect on the environment. SECTION 3. A new Chapter 2.26, entitled "Public Art Committee," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 2.26 - Public Art Committee 2.26.010 Public Art Committee. A. There is established a Public Art Committee to advise the Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. B. The Public Art Committee shall consist of five members appointed by the Council as follows: (i) one member of the Planning Commission; (ii) one member of the Parks and Recreation Commission; (iii) one member of the Community and Arts Foundation; and (iv) two members of the public to be appointed based on relevant work experience, trade, industry, or expertise. C. The City Council shall prescribe by resolution the duties, terms of service, qualifications, and compensation of committee members. D. The City Manager or his or her designee shall assist the Public Art Committee in fulfilling its duties. 2.26.020 Meetings. Regular meetings of the Public Art Committee shall be held at such time and place as is determined by resolution of the City Council." P866 SECTION 4. A new Chapter 3.72, entitled "Public Art Trust Fund," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 3.72 - Public Art Trust Fund 3.72.010 Creation of Public Art Trust Fund. There is hereby created a special fund to be known as the "City of Rancho Cucamonga Public Art Trust Fund." 3.72.020. Use of Funds A. All money received by the City from endowments or gifts to the City of Rancho Cucamonga designated for the arts or pursuant to Section 17.124.020.D.2 shall be placed in the Public Art Trust Fund. All money shall be deposited, invested, accounted for, and expended as follows: 1. The City of Rancho Cucamonga Public Art Trust Fund shall only be utilized for the following purposes: a. The design, acquisition, installation, improvement, maintenance, and insurance of public art work displayed by the City or on City property. b. Art education programs for the community conducted on City property; provided, that not more than five (5%) percent of the fund's annual budget shall be used for this purpose. c. Administrative costs reasonably related to either of the preceding purposes. 2. Money deposited in the Public Art Trust Fund shall be held in a manner to avoid any commingling with other revenues and funds of the City of Rancho Cucamonga, except for temporary investments, and all funds shall be expended solely for the purposes for which they were collected. Any interest income earned by the money in the Public Art Trust Fund shall be deposited in the Public Art Trust Fund and shall be expended only for the purpose for which the money was originally collected. B. The City Council shall establish procedures for selecting art work to be purchased using funds found in the Public Art Trust Fund, which may include but shall not be limited to the following: (1) open competition; (2) limited competition; (3) invitation; (4) direct purchase; (5) donation; or (6) any combination of the above. P867 3.72.030 Return of Fees Paid In Lieu of Providing Public Art. A. A project developer or its successor, may submit a written request to the City for the return of any fees paid pursuant to Section 17.124.020.D.2 in lieu of providing public art work that are not committed within ten years of payment, together will all interest earned thereon. The request shall be verified and shall include the date of payment; the amount paid and method of payment; the location of the development project for which the fee was paid; and a statement that the project developer or its successor is the payer of the fees and/or the current owner of the development project. B. The City Council shall review the request and determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines that the fee is still needed for the purposes of the Public Art Trust Fund." SECTION 5. A new Chapter 17.124, entitled "Design Provisions for Public Art," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 17.124 - Design Provisions for Public Art 17.124.010 Purpose. The purpose of this chapter is to promote the general welfare and enhance the quality of life for City residents, workers, and visitors by improved public placemaking which will require certain developments to include or provide for public art or architecture that qualifies as art. 17.124.020 Public Art Required. A. The requirements of this chapter shall apply to any development subject to site development review, minor design review, or design review that meets one or both of the following criteria: 1. All residential development projects that propose to develop four (4) or more dwelling units. 2. All commercial, office, or industrial development projects with a project valuation or valuations exceeding one million dollars ($1,000,000) in the aggregate, based on most recent International Code Council building valuation data. B. Notwithstanding anything else in this section, the requirements of this chapter shall not apply to: P868 1. Residential projects with a density equal to or less than 4 dwelling units per acre. 2. Residential projects that contain income restricted affordable housing units where the value of the restricted unit(s) equals or exceeds the minimum value of the art work that would otherwise be required. 3. Remodeling, addition to, or both of existing residential buildings or accessory structures. 4. Remodeling of existing commercial, office, or industrial buildings that do not include any exterior modifications to the building. 5. Remodeling, addition to, or both of existing commercial, office, or industrial buildings for which art work was previously installed, donated, or for which an in lieu fee was paid pursuant to the requirements of this Chapter, regardless of whether such remodeling, addition to, or both includes interior modifications, exterior modifications, or both. 6. Public school facilities. 7. Places of worship. 8. Reconstruction of buildings that have been damaged by fire, flood, wind, earthquake, or other natural disaster, where the reconstructed buildings are substantially similar to the original buildings. 9. Wireless Communication Facilities. C. All development projects subject to this chapter must include art work that has a minimum value that meets or exceeds an amount equal to the sum of: $750 per residential unit developed: and $1 per square foot of commercial, office, or industrial development. D. In lieu of providing the art required by the preceding paragraph C, the applicant may do either of the following: 1. Donate to the City art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 below. 2. Prior to the issuance of a building permit, pay on a per unit basis, an in -lieu fee into the City's Public Art Trust Fund, equal P869 to the minimum value of the art work that would otherwise be included in the development project. E. No final approval, such as a final inspection or a certificate of occupancy, for any development project subject to this chapter shall be granted or issued unless and until the requirements of this chapter have been met. For purposes of this requirement, compliance shall be measured in light of the conditions of approval for the project, including but not limited to any approved phased development plan. In furtherance of any phasing plan or project completion schedule, the City may accept bonds or other surety to assist in the completion of the project, provided they are in a form and manner acceptable to the Planning Director and City Attorney. 17.124.030 Donated Art Work A. Art work donated to the City pursuant to this chapter must meet the design standards in section 17.124.040 of this chapter and shall be subject to the final approval and acceptance by the City Council, upon recommendation of the Public Art Committee. Upon final acceptance by the City Council, the donated art work shall be the sole property of the City. B. If a developer elects to donate art work to the City in lieu of providing art work as required by section 17.124.020.C, the donation shall be secured by a cash deposit in an amount that meets or exceeds the required minimum value of the art work or a performance bond for the same amount and in a form approved by the City Attorney. The security, regardless of the form, shall become payable to the City and deposited into the City's Public Art Trust Fund in the event the developer fails to donate art work acceptable to the City as required by this chapter. 17.124.040 Public Art Design Standards A. For purposes of this chapter, "art work" means original or limited edition artistic creations, and may include, but is not limited to, sculptures, paintings, monuments, water features, glasswork, lighting, ceramics and in exceptional circumstances, landscaping elements. B. Media may include but are not be limited to, steel, bronze, wood, stone, tile, concrete, lighting, any other durable materials able to withstand outdoor conditions, or any combination of these, including in exceptional circumstances, plant materials. For these purposes, "durable" means lasting, enduring and highly resistant to deterioration due to weather or the passage of time. P870 C. Art work must be of a scale and setting as to complement the adjacent physical building, improvements, and property. D. Art work must be installed in a public place, which means any exterior area on public or private property that is easily accessible to the general public or clearly visible to the general public from adjacent public property, such as a street or other public thoroughfare or sidewalk. E. Art work must be accompanied by a plaque identifying the name of the art work, the artist(s), and the date of installation. The plaque must be installed in close proximity to the art work. F. Art work installed on private property shall qualify towards the minimum landscaping requirements of Chapter 17.56. G. Art work may be combined with functional elements of the development project (such as bike racks, shade structures, bus shelters, trash receptacles) only if, when the elements are viewed as a whole, the expressive design elements predominate over utilitarian concerns. H. The following shall not count towards meeting the public art requirement of this chapter: 1. Landscaping, unless substantially comprised of durable elements that otherwise qualify as art work. 2. Mass-produced or "off the shelf' decorative or ornamental items. 3. Historical or memorial markers or statuary. I. Art work must meet the minimum required valuation for the project. 1. The project developer may claim the following expenses in satisfaction of the minimum value of the required art work: a. Artist's fees; b. Art materials; c. Fabrication or manufacturing of the art work; d. Transportation of the art work; e. Base, mounting, or pedestal for the art work; f. Building permits for installation of the art work; g. Identification plaque for the art work; h. Lighting instruments specifically lighting the art work; i. Installation of the art work; j. Structural engineering for the art work; k. Motors or subterranean equipment directly necessary for the installation of the art work; I. Water related costs for the art that includes artist designed water features not to exceed thirty (30%) percent of the total value of the art work; m. Art consultant fees (if applicable) not to exceed a maximum of fifteen (15%) percent of the value of the art work; and n. Any fees paid to public art experts (such as art conservators, qualified appraisers, etc.) that are required by the City. The following expenses shall not be counted toward the minimum value of the required art work: a. Expenses related to locating the artist, including but not limited to, airfare, hotel, taxi fares and other travel related expenses; b. Architect, landscape architect, or other design professional fees; c. Site preparation for public art installation, including but not limited to grading, demolition or removal of items or structures and installation of utilities to the site; d. Landscaping surrounding the art; e. Items around the public art that is not conceptualized, designed, and fabricated by the selected artist; f. Utility fees associated with activating electronic or water generated art; g. Lighting elements not integral to the illumination of the art; P871 P872 h. Publicity, public relations, photographs, educational materials, business letterhead or logos bearing the sculpture's image; or i. Dedication ceremonies, including art unveilings or grand openings. J. Architecture and/or Landscape Architecture may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the architect/landscape architect is recognized by the professional or artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, professional or industry awards or publications. 2. Whether, when the building or landscape architecture is viewed as a whole, the expressive architectural design elements predominate over utilitarian concerns. 3. Whether the architecture/landscape architecture was designed in collaboration with an artist who has: (a) experience with monumental scale sculpture; (b) major design control of the portions of the architecture to be considered as art; and (3) been involved in development of the project from early on in the design process. K. Commercial signage and/or artistic lighting may be considered art work on a case-by-case basis based on factors that may include, but shall not be limited to: 1. Whether the sign or lighting is an original work, based on a unique and original design. 2. Whether the designer is recognized by the artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, or publications. 3. Whether, when the sign or lighting is viewed as a whole, the expressive design elements predominate over the commercial message or utilitarian concerns. 4. Whether the sign or lighting was designed in collaboration with a designer who has: (a) experience designing signs that are unique and original; (b) substantial control over those portions of the sign to be considered as art; and (3) been involved in design of the sign from early on in the design process. P873 17.124.050 Submittals. The project developer shall submit, on a form or forms provided by the City, an application for installation of art work on private property or donation of art work to the City that contains the following information as applicable to the project in addition to any other information as may be required by the City to adequately evaluate the proposed the art work.: A. The architect, landscape architect, designer or artists' name(s), qualifications and examples of past work. B. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work and an artist warranty as to the originality of title to the art work. C. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs, that demonstrates satisfaction of the minimum required value of the art work. D. A written agreement executed by the artist or artists who created the art work that expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws. E. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the art work and its compatibility with the proposed development project and/or with the character of adjacent developed parcels and the existing neighborhood. F. A written statement executed by the property owner and approved by the City Attorney that requires the landowner or his or her successors and assigns to defend, indemnify, and hold the City harmless against any liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from any claim, action or liability related to the art work. G. If the project developer proposes to satisfy the public art requirement with architecture, it must before its application can be deemed complete submit to the approving authority at a pre -application review: (a) a maquette and other materials that satisfactorily illustrate the proposed conceptual development; and (b) a statement explaining why the architecture should be considered an art work, including but not limited to an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture. Nothing in this paragraph shall be deemed to require the reviewing authority's approval of the submittal at the pre - application review before the application is deemed complete. P874 17.124.060 Applications to Donate Art Work to the City Applications for art work donated to the City shall be subject to additional review by the Public Art Committee, which shall make a recommendation to the City Council regarding whether the proposed donation is consistent with the purposes of this chapter. 17.124.070 Ownership and Maintenance of Art Work Placed on Private Property. A. All art work installed pursuant to this chapter on the site of a development project shall remain the property of the owner of the site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns, which owner must provide all maintenance necessary to preserve and maintain the art work in good condition and in the manner approved by the City. B. The obligation to maintain the art work shall be enforced as follows: 1. Prior to the installation of the art work on a development project, the property owner shall record a document with the county recorder setting forth a description of the art work and acknowledging the obligation of the property owner to repair and maintain it. This document and the underlying covenant shall run with the land and provide notice to future property owners of the obligation to repair and maintain the art work and of certain limitations related to any federal, state or local laws governing the rights of the artists including but not limited to rights regarding the alteration, modification or relocation of subject art work. The City shall be a signatory party to this document, and its final form and content shall be approved by the City Attorney. 2. The obligation to maintain the art work shall include, without limitation, preserving the art work in good condition to the satisfaction of the City of Rancho Cucamonga, protecting, repairing, restoring, or replacing the art work in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: (a) fire; (b) flood, wind, earthquake, or other natural disaster; (b) vandalism; and (c) extended liability. 3. Any time the City determines that art work has not been maintained in substantial conformity with the manner in which P875 it was originally approved, the City shall require the current property owner to either: a. Maintain, repair, restore, or replace the art work; or b. After reasonable notice: (i) pay the lesser of either the costs estimated by the City to be required to maintain, repair, restore, or replace the art work and/or secure and maintain insurance for the art work; and (ii) provide the City or its representatives reasonable access to the property to perform any necessary to maintain, repair, restore, or replace the art work. C. If an owner wishes to replace art work required by this chapter for any reason, including but not limited to theft, destruction, removal, or personal preference, the replacement art work shall be subject to the review and approval of the original approving authority, which shall determine whether the replacement art work meets the criteria set forth in this chapter." SECTION 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 2017. SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this day of Dennis Michael Mayor 1, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 2017, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice Reynolds City Clerk P876 Creative Placemaking and Public Art CITY OF RANCHO CUCAMONGA Purpose "The intentional use of arts and culture to shape the physical, social and economic future of communities, which strengthens economic development, promotes civic engagement, and contributes to quality of life" Kimberly Driggins Loeb Fellow Harvard University Graduate School of Design CITY OF RANCHO CUCAMONGA Community Development • Focus on improving quality of life Economic Development • Focus on enhancing the standard of living Purpose Cultural Development • Focus on enhancing enviroment for cultural expression Asset-based orientation • Focus on developing local assests Place -based orientation • Focus on onnections, not just objects CITY OF RANCHO CUCAMONGA Goal —Inviting Public Spaces CITY OF RANCHO CUCAMONGA Goal CITY OF RANCHO CUCAMONGA Goal CITY OF RANCHO CUCAMONGA Goal CITY OF RANCHO CUCAMONGA Qualifying Projects Residential Projects • Projects of 4 or more dwelling units • Density of 4du/acre or more Commercial, Office, and Industrial Projects • New development with building valuation over $1,000,000 • Exterior remodels with building valuation over $1,000,000 CITY OF RANCHO CUCAMONGA Determining the Art Value • Residential • $750 per unit • 25 unit SFR development • Density of 5 du/acre • $750 x 25 = $18,750 art value • Commercial, Industrial & Office • $1 per square foot • 50,000 SF industrial building • Valuation of $2.5 million • $1 x 5,000 = $50,000 art value • Mixed use projects will be valued based on each CITY OF RANCHO CUCAMONGA Art Options • Install art within the development (Preferred Option) • Donate artwork to the City to be installed on public property • Pay an in -lieu fee into the City's Public Art Trust Fund CITY OF RANCHO CUCAMONGA Review and Installation • Development Review for art installed within a development • Same review process as the entire entitlement • No additional reviews required • Art is part of the proposed project • Consideration for phased developments • Conditions of Approval • Bonds or other surety to ensure completion CITY OF RANCHO CUCAMONGA Iconographic Art CITY OF RANCHO CUCAMONGA Iconographic Art CITY OF RANCHO CUCAMONGA Iconographic Art CITY OF RANCHO CUCAMONGA Iconographic Art CITY OF RANCHO CUCAMONGA Functional Art Functional Art -�,* _r - . t.»: -mac ! f _ t.�•sy _in ar :...er� r .r CITY OF RANCHO CUCAMONGA Functional Functional Art CITY OF RANCHO CUCAMONGA Functional Art CITY OF RANCHO CUCAMONGA Landscaping and Art CITY OF RANCHO CUCAMONGA Lighting and Art CITY OF RANCHO CUCAMONGA Public Art Committee • Form an Art in Public Places Committee • 1 Members of the Planning Commission • 1 Member of Parks and Recreation Commission • 1 Member of Community Arts Foundation • 2 Members of the Public • Goals of the Committee • Selection, placement & maintenance of art of City Property • Expenditures from the City's Public Art Trust Fund CITY OF RANCHO CUCAMONGA Environmental Review • Exempt from CEQA • General Rule 15061(6)(3) • No physical change to the environment • Revision to existing land use regulation to require art CITY OF RANCHO CUCAMONGA Recommendation • Planning Commission conducted a public hearing on May 24, 2017 • No public comments were received • Planning Commission recommends approval of Ordinance 912 CITY OF RANCHO CUCAMONGA P877 DATE: TO: FROM: INITIATED BY: SUBJECT: June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager STAFF REPORT Lori Sassoon, Deputy City Manager/Administrative Services Danielle Boldt, Chief of Police PUBLIC HEARING TO CONSIDER RESOLUTION 17-053, ADJUSTING PARKING CITATION FEES FOR THE RANCHO CUCAMONGA POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Council conduct the public hearing and adopt the Resolution amending Resolution 10-165, and adopting updated fees for parking citations issued by or as authorized by the Rancho Cucamonga Police Department. BACKGROUND: The City of Rancho Cucamonga reviews its fees on a regular basis in order to ensure that fees are set commensurate with the cost of providing services. While parking citation amounts are not user fees, they are typically reviewed on a similar cycle with the goal of seeking to recover some of the costs associated with the Police Department's enforcement efforts. ANALYSIS: The Rancho Cucamonga Police Department conducted a thorough review of its current fee schedule and a comparative analysis of the fee schedules for the surrounding Police Departments, including but not limited to Chino and Chino Hills, Ontario, Upland, Montclair, Fontana, San Bernardino, and the County average. While the parking bail schedule was most recently updated in 2016, since that time the City's contract for law enforcement services has increased by $1.7 million in FY 2017/18, with another increase of $2.6 million anticipated the following year. Based on a review of the survey data and increasing law enforcement costs, an update to the parking citation bail schedule is recommended at this time. The proposed increases keep citation amounts reasonable in relation to other cities in the county, while seeking to better recover costs incurred by enforcement activities. FISCAL IMPACT: The proposed adjustments are anticipated to result in additional annual revenue of $40,000. COUNCIL GOAL(S) ADDRESSED: (if applicable) None ATTACHMENTS: Attachment 1 — Resolution No. 17-053 Page 1 of 1 P878 RESOLUTION NO. 17- 053 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADJUSTING PARKING CITATION FEES FOR THE RANCHO CUCAMONGA POLICE DEPARTMENT. A. Recitals. 1. On June 21, 2017, City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed adjustments to parking citation fees. 2. 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 the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City hereby amends Resolution 10-165 and adopts the following bail amounts for parking citations issued by or as authorized by the Rancho Cucamonga Police Department: LSection Description Current Bail New Bail - R.C.M.C. 10.44.020(A) Parking on Divisional Island $ 58.00 $ 70.00 R.C.M.C. 10.44.020(D) Prohibited Parking - Red Curb/Sign 58.00 70.00 R.C.M.C. 10.44.020(E) No Parking in Parkway 58.00 58.00 R.C.M.C. 10.44.020(H) Parking within 20' of Traffic Control Device 58.00 70.00 R.C.M.C. 10.44.040 Obstructing an Alley 58.00 58.00 R.C.M.C. 10.44.050(B) Repair/Wash Vehicle on Street 58.00 41.00 R.C.M.C. 10.44.110 Vending from a Vehicle 58.00 58.00 R.C.M.C. 10.44.130 72 Hour Parking 175.00 175.00 R.C.M.C. 10.48.010(B) Yellow Curb Parking 160.00 192.00 R.C.M.C. 10.48.010(C) White Curb Parking 75.00 90.00 R.C.M.C. 10.50.130 Permit Parking 75.00 75.00 R.C.M.C. 10.52.050(A) Res. Over -weight Exceed 5 Tons 208.00 250.00 R.C.M.C. 10.52.050(C) Over -weight, Exceed 3 ton or 80 in 208.00 250.00 R.C.M.C. 10.52.060(A) Parking Un -attached Trailer on Street 58.00 70.00 R.C.M.C. 10.52.070(A) Parking on Private Property 100.00 120.00 P879 CITY COUNCIL RESOLUTION NO.17-053 FEES FOR POLICE DEPARTMENT TRAFFIC SERVICES June 21, 2017 Page 2 Section Description Current Bail New Bail R.C.M.C. 10.54.020(A/B) Parking Elect Vehicle not plugged in or excess 4 Hours 100.00 100.00 R.C.M.C. 10.64.030 Parking RV on Street 2 A.M. - 6 A.M. 70.00 84.00 R.C.M.C. 12.04.010(F) Parking in the Park 10 P.M. - 6 A.M. 110.00 110.00 C.V.C. 5200(A) No Front Plate 130.00 156.00 C.V.C. 5204(A) Current Tags Not Displayed 58.00 97.00 C.V.C. 21113(A) Unauthorized School Parking 58.00 95.00 C.V.C. 22500.1 Fire Lane 78.00 94.00 C.V.C. 22500(B) Parking Blocking Crosswalk 110.00 132.00 C.V.C. 22500(D) Parking within 15' Fire Station Driveway 110.00 132.00 C.V.C. 22500(E) Blocking a Driveway 58.00 70.00 C.V.C. 22500(F) Blocking a Sidewalk 160.00 192.00 C.V.C. 22502(A) Unlawful Curb Parking 60.00 72.00 C.V.C. 22507(A/B) Handicap Stall / Blocking 260.00 394.00 C.V.C. 22515(H) Parking Setting Brake / Stopping Engine 58.00 58.00 C.V.C. 22516 Parking with Person locked inside unable to escape 350.00 350.00 C.V.C. 22522 Parking within 3' of sidewalk ramp 260.00 260.00 Late Fee - 30 days from date of issue 35.00 42.00 SECTION 3: The fees set forth in this Resolution shall take effect July 1, 2017. SECTION 4: The City Clerk shall certify to the adoption of this Resolution. P880 DATE: TO: FROM: INITIATED BY: SUBJECT: June 21, 2017 STAFF REPORT Mayor and Members of the City Council John Gillison, City Manager Fred Lyn, Utilities Division Manager Deborah Allen, Management Aide p CONSIDERATION TO ADOPT THE RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC VEHICLE COMMERCIAL CHARGER REBATE PROGRAM RECOMMENDATION: It is recommended that the City Council adopt an Electric Vehicle Commercial Charger Rebate Program, establishing a rebate of up to $4,000, to offset the cost and installation of a Level 2 Electric Vehicle (EV) charger(s) for use by RCMU commercial customers and their employees, tenants or the general public. BACKGROUND: In November 2016, the Rancho Cucamonga Municipal Utility (RCMU) requested and received technical assistance from the US Environmental Protection Agency (EPA) EV Charging and Solar Initiative. Fosterra Clean Energy Consulting, via the EPA Initiative, provided guidance in the program design and appropriate rebate amounts for the proposed EV Commercial Charger Rebate Program (EV Rebate Program). The technical assistance included researching municipal electric utility providers to inquire about their EV rebate programs and "lessons learned" in assisting RCMU craft the proposed EV Rebate Program. Additional efforts involved reaching out to the Los Angeles Department of Water and Power and Burbank Water and Power and drafting the rebate application and other supporting information. RCMU offers a variety of rebates to its residential and commercial customers to encourage energy efficiency improvements. These rebates are made possible through RCMU's "Public Benefits" funding stream. As such, there is a growing market for EV's and a desire to expand Rancho Cucamonga's efforts as a "Plug -In Electric Vehicle (PEV) Ready" Community designation by the Southern California Council of Governments and Southern California Edison. The EV Rebate Program also supports the implementation of the Sustainable Community Action Plan and the goal to offer a wide variety of safe and long lasting transportation choices including the development of electric vehicle infrastructure and charging stations at City -owned facilities and private property. Parts of those efforts include expanding the network for EV charging stations at commercial destinations such as workplaces and destination locations. ANALYSIS: The EV market now encompasses almost 390 of all new vehicles purchased statewide and has continued to increase every quarter. In Fosterra's research, there are approximately 518 EVs Page 1 of 3 ELECTRIC VEHICLE REBATE PROGRAM STAFF REPORT JUNE 21, 2017 registered within the City of Rancho Cucamonga limits, there are 16 Level 2 EV Commercial/Public charging stations within the City limits, including 10 already owned and operated by the City. To meet increased demand, RCMU is proposing to offer an EV Rebate Program to commercial customers located within its service area. The primary objective of establishing the new EV Rebate Program is to encourage installation of EV charging stations at shopping centers, municipal buildings, businesses for their employees and visitors, and multi- family housing for their tenants. The incentive is intended to offset the majority of costs related to the purchase and installation of EV chargers, along with accelerating the availability of EV infrastructure throughout the community. The proposed EV Rebate Program will provide an incentive of up to $4,000 per Level 2 (240 - volt) charging station to RCMU's commercial customers who install a workplace or public EV charger. If approved, rebates will be available during a two year pilot program for costs incurred on new EV charger(s) purchased and installed between July 1, 2017 and June 30, 2019. The RCMU customer will select the brand and type of EV Charging Station then submit an Electric Vehicle Charging Station Rebate Application along with receipts for the equipment, installation, and photo of the operational workplace or public EV charger. The customer must agree to own, operate, and maintain the EV Charger for a minimum of one year to be eligible for the rebate. Any fees collected for use of the EV Charger will be at discretion of the RCMU commercial customer. As part of the overall process, a separate revenue grade meter will be required to connect to the EV Charging Station and the customer will be billed under RCMU's Electric Vehicle Charging rate. One Level 2 (240 -volt) EV charger rebate is available for each commercial customer that has a minimum of 5 parking spaces available to employees, customers, visitors, and/or tenants. One additional Level 2 charger rebate is available for every 10 additional parking spaces at the same location, business, or property. There will be a maximum of 2 EV charger rebate available per business location or multi -residential property. Throughout the two-year pilot period, the rebate terms and conditions may be modified and the program may cease when a saturation point has been met or funds are exhausted. An education and outreach campaign will accompany the rollout of the EV Rebate Program. City staff will coordinate a promotion campaign targeted at RCMU commercial customers and EV charging station manufacturers and installers. In addition, social media posts, brochures, flyers, and press releases will also be developed. FISCAL IMPACT: A budget of $40,000 annually will be utilized from RCMU's Public Benefits Fund. Fiscal impacts will be readjusted and identified depending on the amount of rebates requested during the two year pilot program. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS: Installation of the EV chargers enhances the City's status with our "Plug -In Electric Vehicle (PEV) Ready" Designation. MID AND LONG RANGE PLANNING: The EV Charging Station provides additional electric vehicle infrastructure which supports implementation of the Sustainable Community Action. Page 2 of 3 P881 ELECTRIC VEHICLE REBATE PROGRAM STAFF REPORT JUNE 21,2017 ATTACHMENT: Attachment 1 — Electric Vehicle Charging Station Rebate Application Page 3 of 3 P882 RANCHO CUCAMONGA P883 10500 Civic Center Drive P.O. Box 4499 Rancho Cucamonga, CA 91730 Phone: (909)919-2612 RCMU.Customer@CityofRC.us www.CitvofRC.us/RCMU Rancho Cucamonga Municipal Utility ELECTRIC VEHICLE COMMERCIAL CHARGER REBATE APPLICATION The City of Rancho Cucamonga Municipal Utility (RCMU) is offering the Electric Vehicle (EV) Charger Commercial Rebate Program to encourage commercial customers to expand the network of charging stations and support EV charging throughout the city. For RCMU commercial customers, the EV Commercial Charger Rebate Program offers a rebate of up to $4,000 to offset the cost and installation of a qualifying Level 2 (240 -volt) charger(s) for use by their employees, tenants or the general public. Commercial Rebate Application Version: 4117 Please confirm your eligibility by reviewing the Terms and Conditions listed inside this application. Once you have confirmed eligibility, complete all sections of this application where indicated. Send the required documentation along with the completed application to: RCMU.Customer@CitvofRC.us or to Rancho Cucamonga Municipal Utility EV Program P.O. Box 4499 Rancho Cucamonga, CA 91729-4499 ATTACHMENT 1 HOW TO APPLY 1. Confirm eligibility by reviewing the Terms and Conditions below. 2. Purchase eligible EV Charger(s) and retain all receipts. 3. Install the eligible EV Charger(s) and retain all receipts. 4. Complete all sections of the application, and sign and date in in the applicable sections. 5. Submit the completed application and required documentation via email or postal mail. Terms and Conditions By submitting this RCMU EV Rebate Application, I agree, understand and have met the following Terms and Conditions: The RCMU Electric Vehicle (EV) Commercial Charger Commercial Rebate Program, (Herein after referred to as `Program') provides rebates to assist RCMU commercial customers with the purchase and installation costs of qualifying EV charger(s). The Program begins on July 1, 2017 and expires June 30, 2019. The Program may be modified without prior notice and can be terminated when the program goals are met, or funds are exhausted; whichever comes first. Funds are limited and rebates are not guaranteed. Applications are accepted on a first-come, first-served basis and processed in the order received. The maximum rebate offered for the purchase and installation of a qualifying Level 2 (240 -volt) EV charger is $4,000 per charger. The rebate amount will be determined based on the documentation provided for each qualifying charging station. All costs incurred for the purchase and installation of EV chargers are the responsibility of the buyer. EV Chargers may be owned by either the RCMU customer or third parties. The rebates will be provided to the RCMU customer only; however, the customer has the option to assign their rebate to a third party. Electrical power for the chargers must be provided by RCMU. One Level 2 EV charger rebate is available for a commercial customer that has a minimum of 5 parking spaces available to employees, customers, visitors, and tenants. One additional Level 2 charger rebate is available for every 10 additional parking spaces. A maximum of 2 EV charger rebates is available per premises. Premises are defined as an integrated land area including improvements thereon, undivided by public thoroughfares or railroads and where all parts of the Premises are operated under the same management for the same purpose. Indications of the "Same Management" include, but are not limited to, common access, parking, lighting, landscaping, and combined maintenance of common areas. A single premise may consist of several lots, properties and/or joint/multiple owners and/or several businesses. Level 2 (240 -volt) EV charger must be new. Resale units, rebuilt, rented, received from warranty insurance claims, won as a prize, or new parts installed in existing units do not qualify. Chargers(s) must utilize the SAE J1772 charging plug and must be UL listed (certified by Underwriters Laboratories Inc.), ETL listed, or approved by the Rancho Cucamonga Building and Safety Services Department. The wall or pedestal mounted qualifying EV charger must be installed by a licensed contractor and must be hardwired to the building structure at the corresponding RCMU electric service address. Energy for the EV chargers shall be measured through an RCMU installed dedicated revenue meter(s). Customer shall provide a meter socket(s) to accommodate the RCMU meter(s) per RCMU Electric Service Requirements. RCMU will install the meter(s) in the customer provided metering socket(s) at no cost when approved for service. Customer shall design the installation to minimize the number of meters to accommodate the most number of EV chargers as practical. Commercial Rebate Application Version: 4/17 P884 Send the application and required documentation to: Email: RCMU.Customer@CityofRC.us (preferred method) or Rancho Cucamonga Municipal Utility EV Program P.O. Box 4499 Rancho Cucamonga, CA 91729-4499 Rebate applications must be received within six months of the EV charger purchase. The application must be submitted no later than June 30, 2019. For your records, please make a copy of your application packet including all required documentation. The application must be completed by the RCMU commercial customer and must be signed, and submitted by an authorized representative. Rebate applications and required documents must be postmarked no later than June 30, 2019 and must be submitted by mail six months of the EV charger purchase date. Applications received by RCMU with missing documentation or that do not meet the program criteria will not be considered for payment. RCMU is not responsible for documents lost or destroyed in the mail via transit. Submitted rebate application and accompanying documents become the property of RCMU. Additional documentation to verify that the business entity meets the criteria for the Program eligibility may be requested. RCMU has latitude regarding interpretation of the documentation. The EV charger(s) must be accessible to employees, customers, visitors and tenants to charge EVs approved for highway application by the U.S. Department of Transportation. The EV charger(s) primary use shall not be used to charge golf carts, neighborhood carts, motorcycles, and electric scooters. Program participants must be in compliance with all State, County, City governments (including City of Rancho Cucamonga Building and Safety Services Department, property owner, and/or homeowner association requirements regarding local conditions, restrictions, codes, rules and regulations. All permits necessary regarding the installation of EV chargers, metering equipment, or any other support equipment required or necessary for the proper and safe installation of the EV must be obtained prior to submittal of the rebate application. In addition, the Program participant is solely responsible for the adherence to all applicable conditions, covenants, and restrictions imposed by the aforementioned persons or organizations. All permits necessary must be obtained prior to the EV charger(s) installation(s). The sign -off date must be on or before program expiration/termination date. RCMU reserves the right to inspect the EV charger installation at any time with reasonable notice. The Program participant must agree to provide RCMU's representative reasonable access to the installation location during normal business hours. Any refusal by the Program Participant to allow reasonable access to the EV charger installation site for the purpose of inspection by an authorized RCMU representative may result in forfeiture of the rebate. The EV charger(s) is/are to remain in service at the location specified on the rebate application for a minimum of one year or the RCMU electric service account is closed. Failure to adhere to the one year service requirement, or found not to be in compliance with T&C will be billed for the amount of the rebate. RCMU makes no warranty and is not responsible for any representations, whether expressed or implied, included but not limited to the warranty of merchantability, fitness, performance, and longevity for any particular purpose, use, or application of the item(s) or measure(s), manufacturers, dealers, contractors, or any other third parties, materials, workmanship, the quality, safety and/or installation of the item(s) or measure(s), effects on pollutants or any other matter with respect to the Program. Moreover, RCMU shall not be responsible for the workmanship including quality of installation, or the installer's failure to comply with applicable safety standards as it relates to the installed equipment. As part of acceptance of this rebate, RCMU may utilize data generated by the use of the electric vehicle charger to improve RCMU services, conduct studies, and any other purposes in furtherance of RCMU's operations. Such data may also be provided to other entities for research and grant purposes and/or as required by law. Additionally, RCMU retains the right P885 to generate and own Low Carbon Fuel Standard Credits for electricity provided to any chargers installed under this program. Implementation and interpretation of the Terms and Conditions of this Program are at the sole discretion of the RCMU. Please allow up to two months after application submittal to receive the rebate. If you need assistance or further information: Call: (909) 919-2612 Website: www.CitvofRC.us/RCMU Please print, sign, and date to acknowledge that you have read and understand the Terms and Conditions. Print Signature Date ELECTRIC VEHICLE CHARGFr 'ATE 'RGGRAIU, Commercial Rebate Application Before submitting your application, please ensure it is complete, signed an . • ated. This form may be submitted via email or via U.S. mail. App# (office use only) SECTION 1: RCMU ACCOUNT AND PROPERTY INFORMATION Company Name: RCMU Commerical Account Number (as it appears on your RCMU bill): RCMU Service Address: Mailing Address: Authorized Representative Title: Phone: Email: List the electric meter number(s) that serve(s) the EV Charger(s): EV installation is: ❑ Existing infrastructue retrofit Business or Property Type ❑Market/Grocery ❑Office Building ['Restaurant [Hotel : Motel ❑Retail Store ❑ New building construction ['Medical Facility D Car Rental ❑ParksiRecreation ['Condominium D Apartment Building ['Educational Facility Other (describe): ❑ Factory DGovernment Is the Payee on the rebate check is the same as the RCMU Account Name? Yes (Skip to Section 3) SECTION 2: PAYMENT ASSIGNMENT Please complete this section only if the payee is different than the RCMU account holder As the RCMU Customer of Record, Business Owner, Property Owner, or HOA President, I request to assign the right to receive payment for this rebate to the individual or entity listed in this section. I understand that I will not be receiving the rebate check from RCMU and that my release of this rebate payment does not exempt me from the rebate requirements outlined in this application. 3 Commercial Rebate Application Version: 417 Payee Name (First Name, Last Name) or Legal Entity Payment Assignment Authorized By (Name) Phone Number Email Address P886 Title RCMU Account Holder (Sign) Print RCMU Account Holder (First and Last Name) SECTION 3: REBATE CHECK MAILING ADDRESS ❑ Mail the Rebate Check to the RCMU Service Address (listed in Section 1 of this rebate) ❑ Mail the Rebate Check to the following mailing address (if different than RCMU Service Address): Company Name Address City *A signed W-9 is required if assigned to contractor or third party representative. SECTION 4: PAYEE TAX INFORMATION State Zip Code Tax Status (check one): 0 Corporation 0 Limited Liability Company/Partnership ❑ Exempt (non-profit) 0 Individual/Sole Proprietor Business EIN or Federal Tax ID: California Business Entity ID Number: - - SECTION 5: PROGRAM ELIGIBILITY I certify that the following number of parking spaces are available at the RCMU Service Address listed above: Initial Employee(s) Parking Spaces Customers/ Visitors Parking Spaces SECTION 6: EV CHARGER INFORMATION Charger(s) Purchase Date: Tenants Parking Spaces Charger(s) InstallationDate: Total Parking Spaces available: Charger Type Make Model Number EV Charger Serial Number 0 Pedestal Mount ■ Wall Mount • Pedestal Mount I] Wall Mount Vendor: Installer: Phone: Phone: By checking the following boxes, I certify that the following statements are true and apply to the EV charger(s) listed in Section 6 of this Application: ❑ All required permits were obtained to be in compliance with all state, county, city government(s), property owner, and Home Owner Association. Commercial Rebate Appli. Version: 4117 4 P887 0 The EV Charger(s) will be used by employees, customers. tenants, or visitors to charge electric vehicles. SECTION 7: REBATE AMOUNT EV CHARGER TYPE Up to program limit (see Terms and Conditions Section 2) QTY. (A) Wall/Pedestal Mount Level 2 (240 V) Charger REBATE PER UNIT (B) TOTAL REBATE AMOUNT (A) X (B) $4,000.00 SECTION 8: REQUIRED DOCUMENTATION Please submit the following documentation with this completed application: Proof of EV Charger Purchase and Installation ❑ Electric Vehicle (EV) equipment invoice marked "PAID" that includes purchase date, seller name, address, and contact information with EV Charger(s) make and model. ❑ Installation contract or agreement that includes contractorcompany name, license number, type of license, address, contract information, and installation date. This must correspond with the PAID EV charger invoice. ❑ Approved Rancho Cucamonga Building and Safety Services Department permit for the EV charger installation(s). ❑ W-9 Form confirming payee information. 0 Copy of RCMU Utility Bill. ❑ Pictures of each completed EV Charger installed. SECTION 9: AUTHORIZED REPRESENTATIVE Authorized Representative - By completing this section, I certify that I am authorized to conduct business on behalf of the business owner, property owner, and the RCMU Account Holder. As the Authorized Representative, I can be contacted to discuss this rebate and/or schedule an inspection. ❑ Mr. ❑ Ms. Name (First, Last) Title O Property Owner ❑ Business Owner 0 HOA President 0 Other (Describe). Day time phone number Altemate phone number Email Send any correspondence regarding this rebate to me: 0 Via email _ _ _ 0 To the RCMU Serice Address 0 To the following address: Address City SECTION 10: AUTHORIZED SIGNATORY - RCMU CUSTOMER State Zip Code I have read, understand, and agree with the Terms, Conditions, and requirements of the RCMU Electric Vehicle (EV) Charger Commercial Rebate Program. I certify that the information provided is true, correct, and the EV charger(s) for which I am requesting a rebate meets the requirements of this program. Name (Print first and last name) Signature Title Date Is the customer in good standing? Rebate Amount: # of EV Chargers: FOR RCMU PURPOSES ONLY Utilities Manager Signature Commercial Rebate Application Version: 4/17 5 Commercial Rebate Application Version: 4/17 P888 6 Rancho Cucamonga Municipal Utility (RCMU) Electric Vehicle Commercial Charger Rebate Program CITY OF RANCHO CUCAMONGA Quantity of Electric Vehicles 4 Upland Rancho Cu cam on ga Carr.3non l lJrlr i rig CITY OF RANCHO CUCAMONGA Quantity of Electric Vehicles LAT1Y aa. cn?Nlnsle I l e COs & THW1 DAY. MAT 11. 2617 Ca HIHAVY 1 Electric vehicle sales rise in state The FL-owr1tk share rll dee overall Illai!LCI rtac ro 2.:% in the fir. quarrtt from L2%. B r Ron i(I4'La.•Iu aces x no. nrrs. 01x1 fioao m canromLJ InWIrO SOrraza In Llie nssl aloe ,71017 arahe Feao and me donde r5h1.31. rrmeet enmdu arra 1.n.1C,1 bre armament • :L't aeredt eu as Ihn.wr. In.s rack. Thal are maid. 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Leam more atwww.scecleanfuel.com #SustainableRC JSouthern California Edison {SCE} May 22 at 2:35pm 'd Do you drive an all -electric or plug-in hybrid vehicle? Great news! Were offering EV drivers a 5,150 rebate through our Clean Fuel Rewards Program. is r A Like Page Driving an Electric Vehicle Can Put Cash in Your Pocket Find out 4 you're eligible for the Clean Fuel Rebate. INSIDEEDI59I,.c CITY OF RANCHO CUCAMONGA City Efforts and Goals RANCHO CUCAMONGA .41 sustainable community action plan 11/0 April 2017 PIug-in Electric Vehicle PEV Ready Designation JEOISON '�" INTERNATIONAL Energy forWhatsAhead niiNuFOR 1hE ERFONBI9011 CITY OF RANCHO CUCAMONGA Current EV Charging Stations E 1 GYh St E 9th Si twol Hillside Rd V WhoAve 3 Banyan S � K LernON Ave ■ t 4th St Suva -Line Rd 11? ahy uewIIaH re `ro Arrow Route z F 8th St FoiathYYl FWy a ALTA L09 Church St Rancho -- Cucamonga m � L tlt S 4th St h St W Icon Ave 8th St 5th St @ Chaffey College sznyan St Leman St yi5ti r Base Line Rd 9 any uanwq ��tz6VYsia Pkat,}, Arrow Route Jerry UMd 7th Si 6th St } R VICtarlark Ln • ry vpY C 16116 Church V' la Gardens HI Gr; aaa epuemii3 lir:: ri AL CITY OF RANCHO CUCAMONGA Rebate Structure • EV Rebate: $4,000 per charger (max: 2) • Have 5 parking spaces for one EV charger • Second rebate for every 10 additional parking spaces at the same location, business, or property • Purchased and installed between July 1, 2017 and June 30, 2019 • Available for businesses, multi -family property owners, retail, municipal facilities CITY OF RANCHO CUCAMONGA Rebate Application Process Select EV Station Submit receipts Easy, user-friendly CITY OF RANCHO CUCAMONGA MEM Outreach Municipal Utility (RCMU: Home About Us Payment Options Rams, Rules and Regulations Utility Reporting FAQs Fiber Optic Opt -In for Text Messaging Protects REBATES AND INCENTIVES •a Rebates and Incentives • The Rancho Cucamonga Mu r is Dal L: I ity is cam mi -ed to helping its customers conserve energy through a variety of rebates and incentive programs. Saving energy not only helps the environment, it can also help the bottom line of your business. Our energy efficiency program is constantly evolving in order to better meet the needs of our customers. Please check bad: regularly for the latest information and offerings. Click on the images below for more details on each program Sips Up for AutoPay and Save! - Enroll in the AutoPay program and receive a free Belkin WeM& Insight Switch. t laCOMMERCIAL 1/KI- , RESIDENTIAL REBATES INCENTIVES DirectSavings Program - provides commercial customers with a free energy audit and up to $1,500 in energy efficeney retrofits paid by RCM U. Energy Efficiency Program - a rebate incentive for energy efficiency retruGu. Renewable Energy Program- a rebate program for new solar photovohaic installation. New Development Program - an incentive for new development built to exceed a minimum of 15% or more above Title 24 requiremens. iosdo Oeic tem odve p.a. Boa 4499 Rnndro Luramo64a, C0 91730 P han.: (909)91.9-2612 B C1I1 r...Truen20110.01C cs rnsx- tl fin fliCAa t R 0111.1 Rancho Cucamonga Municipal Utility ELECTRIC VEHICLE COMMERCIAL CHARGER REBATE APPLICATION TT. CM, arRevn o Cur -Benno 1/anrg L114 f7C469 0,01TA tJlt a ESC 4TRbt (EV CAtuoeCunvneron. R0N(eWa'n beau:Lame rmesecke 00IiWa,b ewtonne ntravt ardwipo smdntaars ppar EV oa60002 Mnu0nou2 me try. For RUA) 091n0 O osn :Tem as EV C erneaal Crow, te052 Ragmen oxen a ,e55'! Eno fa MOM do c1GC CC coat nni Insmraad, a wav!ag te.e/ 2 natrwe dery erf%) Ib tax ty OCP enya+lees: fermis PF Emden ]err eltki y td' .exe.wv2 15e Teas and int xned MAC ms arfacn axe yea. Mme mnOmed &NW, armee M seams L< Otk a ulree Placated Send nr .eaten aeorneree6ar Nag WM Me cunp9er go9 catn b' wb Rmohu C ranuOa k*m L414'EV At ne, P.O. 0aes.= Fvu'u Curzenno, CA 01]899}411 t CITY OF RANCHO CUCAMONGA P889 STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manage Fabian Villenas, Principal Manag ment Analyst Deborah Allen, Management Aide SUBJECT: CONSIDERATION TO APPROVE A CONTRACT WITH EVGO SERVICES FOR THE INSTALLATION OF AN ELECTRIC VEHICLE (EV) LEVEL 3 DC FAST CHARGING STATION PROVIDED THROUGH A GRANT FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND APPROVE AMENDMENTS TO THE VICTORIA GARDENS PUBLIC PARKING FACILITIES GROUND LEASE AND OPERATING AGREEMENTS RECOMMENDATION: It is recommended that the City Council approve a contract with EVgo Services for the installation of an Electric Vehicle (EV) Level 3 DC Fast Charging Station provided through a grant from the South Coast Air Quality Management District and approve amendments to the Victoria Gardens Public Parking Facilities Ground Lease and Operating Agreements. BACKGROUND: Through a grant from the California Energy Commission, the South Coast Air Quality Management District (SCAQMD) Governing Board approved Clean Fuel Connections, Inc., in partnership with EVgo Services, to install and maintain 20 Electric Vehicle (EV) Level 3 (480 -volt) Charging Stations (referred to as DC Fast Chargers) as part of their efforts to develop a network of DC Fast Chargers across California. This infrastructure project aims to expand EV charging opportunities along Interstate 10 in the South Coast Air Basin and Rancho Cucamonga was selected to be one of the 20 sites to receive the DC Fast Charger. Supporting these efforts will expand the City's EV infrastructure beyond the 10 Level 2 (240 -volt) EV Chargers currently provided by the City and is a key strategy in implementing the Sustainable Community Action Plan, which includes a policy to increase the use of alternative fuel vehicles. It also provides a unique asset to the City's electric vehicle charging infrastructure, making Rancho Cucamonga one of a few communities to offer the use of a DC Fast Charger. ANALYSIS: The DC Fast Charger will be a single charging unit located at Victoria Gardens in the City -owned West Parking Garage on the ground level and will be placed in a center parking aisle to accommodate access by multiple vehicle stalls. The DC Fast Charger has the capability to provide a full charge to most EV's in approximately 30-45 minutes versus 3 to 4 hours with the more common Level 2 EV Chargers. Amendments to the Victoria Gardens Public Parking Page 1 of 2 ELECTRIC VEHICLE CHARGING STATION AT VICTORIA GARDENS STAFF REPORT JUNE 21, 2017 Facilities Ground Lease and Public Parking Facility Operating Agreement enable the DC Charger Station to be installed, operated, and maintained. City staff worked very closely with Victoria Gardens' management regarding the most appropriate location for the charger and they have reviewed and approved the two lease amendments. SCAQMD awarded Clean Fuel Connections, Inc., in partnership with EVgo Services, approximately $46,000 per site to install the DC Fast Charger. The Charging Services Agreement, between the City and EVgo, is for a five-year period, with an option to renegotiate an extension or have EVgo remove the unit. EVgo will be responsible for all installation activities, pay all electricity costs provided by the Rancho Cucamonga Municipal Utility (RCMU), handle the operations and maintenance, address technical issues and provide customer support. There will be no cost to the City or Victoria Gardens. The fee for electric vehicle owners to use the DC Fast Charger will be $7 to $10 per charging session and will be collected and retained by EVgo. Users would select an EV Plan, directly through EVgo, and set-up an online account to utilize the DC Fast Charger. The EVgo software system will have the capability to track and monitor usage, number of charges, length of charge, accept payment, and prepare reports. A key component for the success of the DC Fast Charger is education and outreach. City staff will assist EVgo, in collaboration with Victoria Gardens, to help drive awareness of the charger. If approved, the DC Fast Charger installation will occur over the next several months and is slated to be operational in September 2017. FISCAL IMPACT: None. The installation of the DC Fast Charger will be owned, operated, and maintained by EVgo through a $46,000 grant from SCAQMD. COUNCIL GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS: Installing a DC Fast Charger enhances the City's status as an electric vehicle friendly community. MID AND LONG RANGE PLANNING: Providing varied electric vehicle charging options supports implementation of the Rancho Cucamonga Sustainable Community Action. ATTACHMENTS: Attachment 1- EVgo Charging Services Agreement Attachment 2- Second Amendment to Public Parking Facilities Ground Lease Attachment 3- Second Amendment to Public Parking Facility Operating Agreement Page 2 of 2 P890 P891 CHARGING SERVICES AGREEMENT This Charging Services Agreement ("Charging Agreement") is entered into on this day of , 2017 between the City of Rancho Cucamonga, a municipal corporation ("City") and EVgo Services LLC, a Delaware limited liability company ("EVgo"). RECITALS 1. The South Coast Air Quality Management District ("AQMD") has obtained grant funding from the California Energy Commission to install and operate electrical vehicle charging stations near major freeway corridors. Following a competitive bidding process, AQMD selected Clean Fuel Connection, a California corporation, to install the electrical vehicle charging stations and to work with EVgo Services, LLC, a Delaware limited liability company ("EVgo"), to enter into this Charging Agreement and operate the charging stations. 2. City is the lessee of parking facilities located generally at Victoria Gardens, 12505 North Main Street, Rancho Cucamonga, California pursuant to that Public Parking Facilities Ground Lease originally dated February 20, 2003 ("Lease") between the City and Victoria Gardens Mall, LLC ("Lessor"). The parking facilities are located near the I-10 and 1-15 interstate freeways and include that public parking structure described in the Lease as the West Structure. Lessor in turn operates the public parking facilities described in the Lease, including the West Structure, pursuant to a Public Parking Facility Operating Agreement originally dated May 21, 2003 ("Operating Agreement") between Lessor and City. AGREEMENT NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. 1. Charging Services A. EVgo shall at its sole cost and expense install, operate, repair, and maintain one (1) DC Fast Charging Station and its related equipment, hardware, signage, and supporting equipment and structures (collectively the "Charging Station") at the West Structure of substantially the same kind and in substantially the same manner and location as depicted in Exhibit 1 to this Agreement, which is hereby incorporated into this Agreement as though set forth in full. B. EVgo shall, in conjunction with Clean Fuel Connection, Inc. ("CFCI") (EVgo's designated contractor and service provider who will be performing the installation activities), at no cost or expense to City, conduct all installation activities required to support the installation and operation of the Charging Station and charging services for the public use, including but not limited to the hiring and coordination of all vendors and contractors, installation of electrical equipment, utility lines, hardware, and software, site preparation, trenching, repaving, and landscaping. EVgo shall provide City with a copy of the construction schedule and installation plans of City's approval prior to undertaking any installation activities. EVgo shall be solely responsible for supervising all work performed on the Premises. EVgo must provide compete identification for all contractors or other service providers and shall ensure that EVgo and all such -1- 11231-0001\1959391v4.doc ATTACHMENT 1 persons have all required licenses, permits, and approvals required to install the Charging Station. EVgo shall bring on to the Premises only those persons and materials that are directly involved in or being directly used in the installation of the Charging Station. Installation shall take place at such times acceptable to City so as to not unreasonably interfere with the public or the City's use of the Premises. City hereby consents to and acknowledges that CFCI shall be the primary contractor performing the work set forth in this paragraph. C. EVgo shall not permit or suffer any mechanic's lien or material men's lien to attach to the Premises. In the event any such lien attaches to the Premises, EVgo must remove it or bond it over at its sole cost and expense within ten (10) days of receiving notice of the same. D. Upon completion of the installation, EVgo shall retain ownership of the Charging Station and shall have the right to remove the Charging Station upon expiration or termination of this Agreement, whether or not the Charging Station, or any part thereof, is considered a fixture and attachment to the Premises under applicable law. E. EVgo shall be solely responsible for the cost of all electricity needed or used by the Charging Station. Unless otherwise agreed by the parties in writing, EVgo shall, at is sole expense, ensure that the Charging Station is separately metered with EVgo as the customer of record for such meter. Neither City nor EVgo shall be responsible or liable to the other party for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to the Charging Station unless the cause of the interruption is covered by the party's indemnity provided for in this Agreement. F. EVgo must use commercially reasonable efforts to maintain the Charging Station in good working order and repair. EVgo must display a customer support phone number on or near the Charging Station and provide for customer phone support for any technical issues encountered by the public in using the Charging Station. City shall contact AQMD or its designated agent in the event it has actual knowledge of any malfunction of the Charging Station. G. EVgo must perform all services under this Charging Agreement in accordance with the standard of care generally exercised by persons providing similar services under similar circumstances and in a manner reasonably satisfactory to City. H. In performing this Agreement, EVgo shall comply with all applicable provisions of federal, state, and local law, including obtaining all required governmental approvals and permits. I. Before installing the Charging Station, EVgo must provide City with a an installation plan and construction schedule for City's approval, which shall not be unreasonably delayed or withheld, provided that EVgo acknowledges such approval may require and be subject to Lessor's consent. In no event shall any work begin until all applicable permits and certifications have been obtained. J. EVgo is solely responsible for any and all taxes imposed on the Charging Station or its use. -2- 11231-0001 \ 1959391 v4.doc P892 2. Charging Station Access A. The charging station shall be available to members of the public as part of a public network of electric vehicle charging stations twenty-four (24) hours per day, seven (7) days per week, and 365/366 days per year. B. City hereby grants EVgo, its employees, and its agents, a non-exclusive license to access that portion of the West Structure depicted in Schedule 1 to design, develop, construct, install, operate, maintain, repair, place, and remove the Charging Station. The license hereby granted by City is subject and subordinate to the scheduling needs of the City and Lessor. EVgo shall give City at least 48 -hours notice of any use of the premises. C. City shall take reasonable measures within its control to discourage anyone other than electrical vehicle charging customers from occupying the parking spaces designated for electrical vehicle charging, subject to Lessor's role in managing the West Structure pursuant to the Operating Agreement, which EVgo hereby acknowledges and accepts. D. The Charging Station shall be accessible to all EVgo subscribers and customers who shall be charged in amounts reasonably determined by EVgo, which may change from time to time in EVgo's sole discretion. E. City shall have access to the same customer support that EVgo provides to its customers, which includes phone support and attempted diagnosis of any technical issues encountered in using the Charging Station. F. City represents, warrants, and covenants that prior to authorizing EVgo to commence the installation of the Charging Station, it has obtained or shall obtain any and all consents or approvals required in order for City to grant the rights and perform its obligations under this Agreement, and for EVgo to take the actions contemplated in this Agreement for the term hereof, including any required consent of Lessor. EVgo acknowledges and agrees that in the event City is unable to obtain all such contests and approvals, this Agreement shall terminate and be of no further force or effect. 3. Term and Termination A. This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 5 years from the date EVgo gives the City notice that the Charging Station is first operational and available to the public. B. This Agreement shall automatically renew for successive 1 -year terms, unless terminated by either party upon by written notice of non -renewal at provided at least 30 days before the next scheduled renewal term. C. Either Party may immediately terminate this Agreement for cause in the event of either of the following: (1) the other Party breaches a material term of this Agreement or fails to perform its obligations in any material respect, where such breach or failure continues uncured for 10 business days after receipt of written notice; or (2) the other party becomes -3- 11231-0001\1959391v4.doc P893 insolvent or proceedings are instituted by or against it under the provisions of any federal or state bankruptcy or insolvency laws. D. Upon expiration or termination of this Agreement, EVgo and City shall confer regarding the disposition of the Charging Station and all other equipment and facilities installed with and associated with the operation and maintenance of the Charging Station. Unless EVgo and City agree in writing to alternative arrangements, EVgo shall remove the Charging Station and all such equipment and facilities. 4. Promotional Activities A. Each Party may promote the availability of the Charging Station at the West Structure, including publicizing its address and a description of the facility, provided that no Party or anyone acting on its behalf shall use the other Party's official seal, trade or service mark, logos, or other proprietary materials with the other Party's written consent. B. Subject to City's prior approval and all applicable laws and regulations, EVgo may, at its sole cost, place its branded signage at or near the Charging Station. 5. Representatives A. For purposes of this Agreement, the City's representative shall be the City Manager or such other person as designated in writing by the City Manager ("City's Representative"). EVgo shall keep the City's Representative informed as to the installation, operation, and use of the Charging Station throughout the term of this Agreement and shall refer any decision that must be made by City to the City's Representative. B. For purposes of this Agreement, EVgo's representative shall be Jonah Eidus, ("EVgo's Representative") who may be contacted by telephone at 415-627-4662 and e-mail at jonah.eidus@evgo.com. EVgo's Representative shall be authorized to act on EVgo's behalf with respect to all aspects of this Agreement. 6. EVgo's Personnel A. All work performed by EVgo pursuant to this Agreement must be performed by EVgo, CFCI or under their direct supervision, and all personnel, contractors, and subcontractors must possess the qualifications, permits, and licenses required by State and local law to perform such work, including without limitation, a City business license as required by the City's Municipal Code. B. EVgo shall be solely responsible for the satisfactory work performance of all personnel engaged in performing work by EVgo or on its behalf, including without limitation compliance with the required standard of care. C. EVgo shall be responsible for payment of all employee's and subcontractor's wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By execution of this Agreement, EVgo certifies that it is aware of the provisions of Section 3700 of -4- 11231-0001 \I959391 4- 11231-0001\1959391 v4.doc P894 the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of the Code, and agrees to comply with such provisions before commencing any work pursuant to this Agreement. D. To the extent required by Labor Code Section 1720, EVgo and its contractors, and subcontractors shall pay prevailing wages for all work performed under this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations, which may be available on the Department's website at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm. These rates are on file with the City Engineer. Copies may be obtained at cost at the City Engineer's office. To the extent required by law, EVgo shall post a copy of such wage rates at the job site, pay the adopted prevailing wage rates as a minimum, and comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, EVgo shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the required stipulated prevailing rates for any work done under this Agreement, by EVgo or by any contractor or subcontractor under it, in violation of the provisions of this Agreement. E. EVgo must indemnify, defend, and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability damages, claims, costs, and expenses of any nature to the extent arising from EVgo's or CFCI's violations or alleged violations of personnel practices, the California Labor Code, or both while performing its or their obligations under this Agreement. City shall have the right to offset against the amount of any money due to EVgo under this Agreement any amount due to City from EVgo as a result of EVgo's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. The obligations of this paragraph shall survive the expiration or termination of this Agreement. 7. Status as Independent Contractor A. EVgo is, and shall at all times remain as to City, a wholly independent contractor. EVgo shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither city nor any of its agents shall have any control over the conduct of EVgo or its employees or subcontractors, except as set forth in this Agreement. EVgo shall not, at any time, or in any manner, represent to any person that it or any of its officers, agents, or employees are in any manner employees of City. EVgo shall pay all required taxes on amounts paid to it under this Agreement must defend, indemnify, and hold City harmless by reason of the independent contractor relationship created by this Agreement. -5- 11231-0001\1959391v4.doc P895 8. Notices A. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager To EVgo: 11390 W. Olympic Blvd, Suite 250 Los Angeles, CA 90064 Attn: CEO With a copy to: 11390 W. Olympic Blvd, Suite 250 Los Angeles, CA 90064 Attn: Legal Department B. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 9. Insurance A. Liability Insurance. EVgo shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement by EVgo, its agents, representatives, employees, subcontractors, or any of these. B. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. C. Minimum Limits of Insurance. EVgo shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. -6- 11231-0001\1959391v4.doc P896 (2) Automobile liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Worker's Compensation insurance in the amount required by law. (4) The foregoing minimum limits may be met through the existence of Excess/Umbrella insurance. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of EVgo under this Agreement. D. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. E. Other insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement (blanket endorsement acceptable) naming the City, its officers, officials, employees, designated volunteers, and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of EVgo; products and completed operations of EVgo; premises owned, occupied, or used by EVgo; and/or automobiles owned, leased, hired, or borrowed by EVgo. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers, or agents serving as independent contractors in the role of City officials that are not also limitations applicable to the named insured or other additional insureds. (2) For any claims related to this Agreement, EVgo's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, designated volunteers, and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by the City, its officers, officials, employees, designated volunteers, and agents serving as independent contractors in the role of City officials shall be excess of EVgo's insurance and shall not contribute with it. (3) EVgo's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) If any insurance policy required by this Section is canceled, reduced, or materially changed, EVgo shall provide written notice within thirty (30) days of such occurrence by first class mail to City . (5) Each insurance policy required by this Section shall expressly waive the insurer's right to subrogation against City, its officers, officials, employees, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy required by this Section shall be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California and is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. -7- 11231-0001\1959391v4.doc P897 (7) The Commercial General Liability insurance policy required by this Section shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) EVgo shall provide any and all other required insurance endorsements, or exclusions as required by City in any required for proposals applicable to his Agreement. F. Evidence of Coverage. Prior to commencing performance under this Agreement, EVgo shall furnish the City with certificates and endorsements (blanket endorsements acceptable), effecting and evidencing the insurance coverage require by this Agreement, including: (1) Additional Insured Endorsements; (2) Worker's Compensation waiver of subrogation endorsement; and (3) General liability declarations or endorsements page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or polices shall be received and approved by City before EVgo commences performance. If performance of this Agreement shall extend beyond one year, EVgo shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. G. EVgo agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provision of this Agreement including indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. EVgo shall require its subcontractors to be bound to EVgo and City in the same manner and to the same extent as EVgo is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub - subcontractor. 10. Indemnification, Hold Harmless, and Duty to Defend; Waiver EVgo shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of EVgo, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all foreseeable consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, EVgo shall defend Indemnitees, at EVgo's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. EVgo shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. EVgo's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by EVgo, the City, its directors, officials, officers, employees, agents or volunteers. All duties of EVgo under this Section shall survive termination of this Agreement. -8- 11231-0001 \ 1959391 v4.doc P898 11. Assignment EVgo shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City; provided, however, that EVgo may assign its rights and obligations in and under this Agreement to a successor by merger or acquisition or successor to all or substantially all of its assets at any time and without consent. Any purported assignment without such consent shall be void and without effect. 12. Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 13. Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 14. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law. All actions arising out of or related to this agreement shall be filed in the courts of San Bernardino County, California. 15. No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 16. Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 17. Prohibited Interests; Conflict of Interest A. EVgo covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. EVgo further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, EVgo shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. EVgo shall not accept any employment or representation during the term of this Agreement which is or may likely make EVgo "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which EVgo has been retained. -9- 11231-0001 \ 1959391 v4.doc P899 B. EVgo further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for EVgo, to solicit or obtain this Agreement. Nor has EVgo paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for EVgo, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to EVgo hereunder the full amount or value of any such fee, commission, percentage, or gift. C. EVgo warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of EVgo, and that if any such interest comes to the knowledge of EVgo at any time during the term of this Agreement, EVgo shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 18. Attorneys' Fees If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party its reasonable attorneys' fees and other costs incurred in connection therewith. 19. Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 20. Corporate Authority The persons executing this Agreement on behalf of EVgo warrant that they are duly authorized to execute this Agreement on behalf of said EVgo and that by their execution, EVgo is formally bound to the provisions of this Agreement. 21. Construction Each party has cooperated in the drafting, negotiating, and preparation of this Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY: By: CITY OF RANCHO CUCAMONGA, a California municipal corporation -10- 11231-0001 \ 1959391 v4.doc Dennis L. Michael Mayor P900 Attest: EVgo: Janice C. Reynolds City Clerk Approved as to Form: James L. Markman City Attorney -11- 11231-0001\1959391v4.doc EVGO SERVICES LLC, a Delaware limited liability company By: Print Name: Scott Moretz Title: Director, Site Host Development P901 WEST PARKING STRUCTURE WEST PARKING STRUCTURE Exhibit 1 EXHIBIT PICTURE LOCATION GROUND LEVEL 'r COSTtw ,l 1¢W Y OlPI.[F • S_ I0 wC•fWC•Y-wr Ib MIXT-Ming !ARTY 0211ND51TTlm 31 (1) MAIM a) ATFSSIDE 01! 1ONp17010 l0 LE7N 1.00 nam Mr•C4.1,1 MOO. MITm l7.O, C1N.01IQPET (NI [I[CINICA. WHC1E LOGO -12- 11231.000111959391 v4.doc CITY OF RANCHO CUCAMONGA PARKING GARAGE WEST VICTORIA GARDENS • 755 RA11CM0 CUCAMONGA. CA 0: T P902 :GALENTS DRAWN EY: CLEAN FUEL CAMERON. INC. TEL NO:E2EM5-045 DATE 06-07-7707 P903 SECOND AMENDMENT TO PUBLIC PARKING FACILITIES GROUND LEASE This SECOND AMENDMENT TO PUBLIC PARKING FACILITIES GROUND LEASE ("Second Amendment") is made and entered into as of , 2016, by and between Rancho Mall, LLC, a Delaware limited liability company and successor by merger to Victoria Gardens Mall, LLC, a California limited liability company (the "Lessor") as ground lessor, and the City of Rancho Cucamonga, a California municipal corporation ("City"). The parties hereby amend that certain Public Parking Facilities Ground Lease dated February 20, 2003, as amended on May 21, 2003 (collectively the "Agreement") in the following respects only: 1. City may install or cause to be installed on the Parking Structure Parcels an electrical vehicle charging station ("Charging Station") in the West Structure of substantially the same kind and in substantially the same manner and location as depicted in Exhibit 1 to this Second Amendment for use by the general public subject to Lessor's prior written approval pursuant to Section 6.2 of the Agreement. 2. City may, in its sole discretion and at its sole cost, remove the Charging station any time during the term of the Agreement. Title to and ownership of the charging Station shall not be subject to transfer to Lessor under Section 6.3 or 6.4 of the Agreement. In the event the Charging Station remains upon the termination or expiration of the Agreement, City shall remove the Charging Station at its sole cost and expense. 3. Except for the modifications specified in this Second Amendment, the Agreement remains unmodified and in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first set forth above. CITY: OPERATOR: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: Attest: Dennis L. Michael Mayor Janice C. Reynolds City Clerk Approved as to Form: James L. Markman City Attorney RANCHO MALL, LLC, a Delaware limited liability company and successor by merger to Victoria Gardens Mall, LLC, By: By: Print Name: Title: By: Print Name: Title: 11231-0001 \ 1970053v 1.doc ATTACHMENT 2 P904 Exhibit 1 [Insert figures depicting location and configuration of Charging Station] EXHIBIT WE/ST PARKING STRUdTURE MCA 0C WORK GROIAD 1!'.1 I ❑ '❑ 0 WEST PARISING STRUCTURE 1 SWIM so torarome CRY OF RANCHO CUCAMONGA PARKING GARAGE WEST VICTORIA GARDENS /Mt.:vrrr vC,a. Camr ruu MIA rAr.« rre o.w rw oouwsrrx, ac m n cw4.wf DC Fast Charger: EVFC-50-S Model EVPC 50.5-208 EVFC-50.5.490 Power Rating 50 kW 50 kW Input Power 209 VAC, 1 -Phase 480 VAC, 3 -Phase Input Power Breaker 200A 100A input Current 160A 70A Required Power Capacity 58 kVA 58 kVA Max. Output DC Current 50 A 50 A Mae. Output DC Voltage 50-500 V 50.500 V Frequent/ 50 f12/6061. Efficiency Rating 190K Connectors CHAdeMO. SAE Combo Network EVP, Credit Cana. OCFP Storage Temperature 20.0 to 115'C Operating Temperature -30Y to +55'C Relative Humidity 9041 Safety Compliance ETI.listed for USA and Canada; Complies with UL 2594, UL 2231.1. UL 2231.2, NEC Article 625, FCC Part 15, Oafs A, ADA Compliant BTCPowEp wwww,atrpower.rnnt •.IrgS Product Dimensions: 431(wl 7331hL 32.19.1d1 11231-0001 \ 1970053v 1.doc ATTACHMENT 2 P905 SECOND AMENDMENT TO PUBLIC PARKING FACILITY OPERATING AGREEMENT This SECOND AMENDMENT TO PUBLIC PARKING FACILITY OPERATING AGREEMENT ("Second Amendment") is made as of , 2016 by and between RANCHO MALL, LLC, A Delaware limited liability company as successor by merger to (the "Operator") and the CITY OF RANCHO CUCAMONGA, a California Municipal Corporation ("City"). The parties hereby amend that certain Public Parking Facilities Operating Agreement dated February 20, 2003 and amended May 21, 2003 (collectively the "Agreement") in the following respects only: 1. City shall have the right to install or have installed on the Property an electrical vehicle charging station ("Charging Station") in the West Structure of substantially the same kind and in substantially the same manner and location as depicted in Exhibit 1 to this Second Amendment for use by the general public. 2. City, by and through its employees and agents shall be responsible to the installation, operation, use, repair, maintenance, and removal of the Charging Station. The Charging station shall not be deemed a fixture of the Property and may be removed any time during the term of the Agreement subject to the sole discretion of the City. City agrees to consult with Operator regarding the timing and extent of any and all work necessary to install, repair, maintain, or remove the Charging Station. 3. Operator agrees to provide City and its employees and agents, reasonable access to the Property for the purpose of installing, operating, repairing, maintaining, and removing the Charging Station. Operator shall allow the general public reasonable access and use to the Charging Station at the same time and under the same terms that it allows access to all other publicly available parking spaces. 4. Except for the modifications specified in this Second Amendment, the Agreement remains unmodified and in full force and effect in accordance with its terms. -1- 11231-0001 \ 1970031 v 1.doc ATTACHMENT 3 IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first set forth above. CITY: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: Attest: Dennis L. Michael Mayor Janice C. Reynolds City Clerk Approved as to Form: James L. Markman City Attorney -2- 11231-0001\197003IvI.doc P906 OPERATOR: RANCHO MALL, LLC, a Delaware limited liability company and successor by merger to Victoria Gardens Mall, LLC, By: Print Name: Title: -3- 11231-0001\1970031v1.doc P907 Exhibit 1 [Insert figures depicting location and configuration of Charging Station] EXHIBIT Ala 't WEST PARKING STRUdTURE MEA Cr WORK 5*05*0 LEVEL 00 0 '0 a WEST PARKING STRUCTURE 1.044.1 1•3 1•2,1Yrtilo We' C.111410.1.1120/T11•1•10.7l, 1. fIC 4.111.R..../..1111774 MAN TIOIMIalti /Mr ,1.11 taSCZICAL 0141311 NOM CITY OF RANCHO CUCAMONGA PARONG GARAGE WEST VICTORIA GARDENS r'"r'ti o to c..o. u WU oa•wa: a, WEL Cowcrc.:.nc 'SI earn .4,:i, DC Fast Charger: EVFC-50-5 Model EVEC-50.5-203 EVEC-50-5-460 Power Rating 50 kW 50 kW Input Power 203 VAC 3 -Phase 430 VAC, 3 -Phase Input Power Breaker 200 A 100 A Input Current 160 A 70 A Required Power Capacity 58 kVA 53 kVA Ma,. Output DC Current 50 A 50 A Max. Output DC Voltage 50.500 V 50.500 V Frequent,/ 5050/601-14 Efficiency Rating 0905. Connectors CHAdeMO, SAE Combo Network EVP, Credit Card, OCPP Storage Tnnperature -30.0 to +55'C Operating Temperature -30'C to +55'C Relative Humidity 9051 Safety ComplianceEn listed for USA and Canada; Complies with UL 2594, UL 2231-1, UL 2231-2. NEC Article 625, FCC Part 15, Class A, ADA Compliant -4- 11231-0001\1970031vI.doc E3TCPowER ww,ebkcpona.cmn ! Product Dimensions: 43114 75.51 6], 32.191155) P908 Electric Vehicle Charging Station at Victoria Gardens CITY OF RANCHO CUCAMONGA oPst ails/ th al Current EV Charging Stations 3 p rn Banyan SE 0 75 uegall] r r ee L€rnor+ Ave 2 Foothill WY w I k rnosa A •fr 0 Basae_�eRL ALTA ■ LT,. Church St t J 0 a Arrow Route 8th St anyioleg N rntr e'.rowra Rancho -Cucamonga r3 � E 9th 57 rp E 8th St a E 4th SI Fourth .; Ath St 6th S1 anv esowjap Chaffev Coltec e ■ conyan St L amar Ave ,txnoJe 4 -- — — — — U) any Ua{II1 Base Line Rd _cola ista PIE ivja. CIS ro -9▪ 4 9 Arrow Route J ersey Btvd 7th St 6th St :+ 9. \Iictoria Park Ln m err Base Line Ri5 Vir .a Gardens ■ HiRte 66 9 MIII' Etiwanda Generating Stat Auto Ca Al CITY OF RANCHO CUCAMONGA Current EV Charging Options CITY OF RANCHO CUCAMONGA Victoria Gardens Layout it I ■r - - , 4. ,__,—.—i— — —' yam MULTIFAMILY AEBI4 E:N'¶AL ABOTNEN9y I�r LLQ i17 Gia 1 L;■ I i� �a�� ii�l ram I !I 1 1111: L■�cr dui f I 1 MC I�� 1■■■J!` ,....l■■ 1I!r■- i I lli1� •A-�i au �'•iI�!JL7..nr,F ■til ram 3r._F�L��F�L�__�F�� Rig . l.. —._...... — mor VICTORIA Onr PFNIN Zkx 20 {�L CAEOMm L, •1.10{11.11. MULr �A4 -.. ESIDENTI i! West Parking Structure .I YI474141.4 WARNS '4 JJIEVIHLL�dEER EL DG. 3J1313M1 ara1M04 loon muuuuuulu BLDG. SOMA r IIIIIIIIIIIIIIIIIIIIIIIIII L1l CITY OF RANCHO CUCAMONGA DC Fast Charger ou% s\A-q7h Single unit charger SAE Combo and CHAdeMO Connectors Product !Dimensions: 14 73.51h1, 32.191d] CITY OF RANCHO CUCAMONGA Project Timeline ■ January 2014 ■ City and Victoria Gardens submit Letter of Support for project ■ October 2014 ■ Funding is received by Air Quality Management District ■ April 2015 - April 2017 ■ Multiple site visits and meetings ■ June 2017 ■ Request City Council Approval ■ July 2017 ■ Permitting of DC Fast Charger ■ August 2017 ■ Pre -Construction and Construction ■ September 2017 ■ Project Closeout and Punch list Items ■ December 2017 ■ Grant Terms ends CITY OF RANCHO CUCAMONGA ELECTRIC VEHICLE CHARGING ONLY MUST BE CHARGING WHILE PARKED � Supports Sustainable Community Action Plan and Plug-in Electric Vehicle (PEV) Ready Designation CITY OF RANCHO CUCAMONGA Questions? CITY OF RANCHO CUCAMONGA Level 3 Charger 'HEST DARK ING STRJCTLIRE o CITY OF RANCHO CUCAMONGA DATE: TO: P909 CITY OF RANCHO CUCAMONGA June 21, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager Fabian Villenas, Principal Management Analyst 3/ INITIATED BY: Elisa Cox, Deputy City Managerf�> Deborah Allen, Management Aide SUBJECT: CONSIDERATION TO ADOPT RESOLUTION NO. 17-054, ESTABLISHING A PARTNERSHIP WITH GRID ALTERNATIVES TO PROMOTE COMMUNITY PARTICIPATON IN THEIR NO -COST SOLAR INSTALLATION PROGRAM FOR LOW-INCOME HOMEOWNERS AND WAIVE SOLAR PERMIT FEES RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 17-054 establishing a partnership with GRID Alternatives in order to promote participation in their no -cost solar installation program for low-income homeowners and waive solar permit fees for any installations completed through the partnership. BACKGROUND: GRID Alternatives is a 501 (C) (3) non-profit organization that brings together community partners. volunteers, and job trainees to provide solar power for low-income families. GRID Alternatives also serves as a statewide program administrator for the California Utility Commission's Single - Family Affordable Solar Homes (SASH) Program and was awarded funds from California's Cap and Trade Program for continued solar installations for low-income homeowners. The City of Rancho Cucamonga and GRID Alternatives had worked together in 2012 in order to promote their SASH Program for eligible Rancho Cucamonga homeowners, which resulted in several homeowners participating and receiving no -cost solar installations. As the City implements its Sustainable Community Action Plan, staff has again reached out to GRID Alternatives in order to further leverage this key partnership and explore ways for both entities to advance their mutual goal of expanding access to renewable energy. ANALYSIS: GRID Alternatives and the City of Rancho Cucamonga are interested in working together to encourage low-income homeowners in Rancho Cucamonga to utilize the SASH and Cap and Trade funds available to install no -cost solar power systems. GRID Alternatives offers its no -cost solar program under the following guidelines: 1) Only owner -occupied single-family homes are eligible. Page 1 of 3 GRID ALTERNATIVES STAFF REPORT JUNE 21, 2017 P910 2) Home must be in target area identified as a Disadvantaged Community Area by CalEnviroScreen (for Rancho Cucamonga, this area is identified as south of Foothill Boulevard). 3) Applicant's household income cannot exceed 80% of the area median income (Low - Income). 4) Funds are provided as a grant. 5) No lien recorded against the property. 6) No home equity required. 7) No restriction on resale. If approved, City staff will collaborate with GRID Alternatives to develop marketing efforts to encourage low-income homeowners to participate in the program and receive a solar installation free of charge. Strategies may include articles in the Rancho Reporter community newsletter, targeted neighborhood mailers, neighborhood canvassing, community booths, and advertising the program on the City's web page and various social media outlets. Additionally, as a partner, the City agrees to waive the residential solar permit fee for any residential installation completed by GRID Alternatives. The solar permit fee is $142.07. While it is difficult to estimate the number of installations that will be completed as part of this partnership, the limited eligibility requirements will most likely keep it below 10 homes and the City's total contribution to less than $1,500. Encouraging Rancho homeowners to participate in GRID Alternatives' programs provides meaningful benefits for the City, both from an economic and environmental sustainability perspective. Many low-income working households have a substantial housing cost burden and often over half of their income goes toward housing expenses, including energy bills. By reducing their energy bills, which can be substantial in older, poorly insulated homes, solar energy puts money in the homeowners' pocket and subsequently back into the local economy. It is also a strategy to get the State's elusive Cap and Trade funding into the Rancho Cucamonga community. Finally, GRID Alternatives also contributes to workforce development by connecting volunteers and job seekers with an opportunity for "hands-on training" in the rapidly growing field of solar installation. The GRID Alternatives partnership also provides strategic value as the City works towards completing its environmental sustainable goals. The Sustainable Community Action Plan, adopted by the City Council in April 2017, includes a policy to "Increase the amount of renewable energy use in Rancho Cucamonga" with an Action Item supporting this policy to "promote income - qualified solar housing programs that provide no- or low-cost solar for families living with limited or fixed incomes. GRID Alternatives provides a crucial niche in making solar energy accessible to those who may not be able to afford the initial investment. FISCAL IMPACT: As part of the partnership, the City will waive the solar permit fees for any participating installations, which is estimated to have a value of less than $1,500. COUNCIL GOALS ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS The GRID Alternatives partnership further advances the City's Solar RC efforts and its reputation as a solar friendly community. Page 2 of 3 GRID ALTERNATIVES STAFF REPORT JUNE 21, 2017 MID AND LONG RANGE PLANNING The GRID Alternatives partnership aims to increase the amount of renewable energy in the community, advancing the policies identified in the Sustainable Community Action Plan. ATTACHMENTS: Attachment 1 — Resolution No. 17-054 Page 3 of 3 P911 P912 RESOLUTION NO. 17- 054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A PARTNERSHIP WITH GRID ALTERNATIVES TO PROMOTE COMMUNITY PARTICIPATON IN THEIR NO -COST SOLAR INSTALLATION PROGRAM FOR LOW- INCOME HOMEOWNERS AND WAIVE SOLAR PERMIT FEES WHEREAS, GRID Alternatives is a 501 (c) (3) organization that installs solar photovoltaic systems on qualifying properties and prepares workers for jobs in the fast growing solar industry through the Solar Affordable Housing Program; and WHEREAS, GRID Alternatives was contracted as the statewide program manager to implement the Single -Family Affordable Solar Homes (SASH) Program and is the primary installer and Program Manager for SASH; and WHEREAS, through the SASH Program, GRID Alternatives installs solar photovoltaic systems at owner -occupied homes located within the boundaries of a Disadvantaged Community Area as identified by CalEnviroScreen, and whose household income do not exceed 80% of the area median income; and WHEREAS, homeowners participating in the SASH Program pay no out-of-pocket costs, will not have a lien recorded against the property, are not required to have any home equity, and have no restriction on resale of the property; and WHEREAS, the City Council adopted the Rancho Cucamonga Sustainable Community Action Plan which encourages the increased use of renewable energy and in particular facilitating access to solar energy for low-income homeowners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: Section 1. The City Council hereby establishes a partnership with GRID Alternatives to promote participation in their no -cost solar installation program for low-income homeowners. Section 2: The City Council herby approves waiving solar permit fees for residential installations completed in Rancho Cucamonga by GRID Alternatives. Section 3: The City agrees to utilize its resources to promote participation such as advertising in the Rancho Reporter community newsletter, the City's website, and on various social media outlets, in addition to other promotional strategies that may be mutually developed. PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. Resolution No. 17-054 Attachment 1 P913 L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on 21St day of June 2017. Executed this 21St day of June 2017 at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 17-054 P1 ering Communitv., Bambi Tran IE Regional Director btran@gridalternatives.org 951-471-7045 A GRIDEGRID Alternatives Vision A successful transition to clean, renewable energy that includes everyone. GRIDEAbout GRID Alternatives ALT • Nation's Largest Solar Non -Profit • 13 Regional Offices Across the US (CA, CO, NY/Tri-State, DC/Mid- Atlantic) • Total of 27 megawatts of solar installed • Provides Solar Solutions for Underserved Communities • Over 7,500 solar projects installed for low-income residents throughout the country • Workforce Development and Volunteerism Model • Over 28,000 individuals have been provided with hands-on training • Economic and Environmental Benefits • Generate over $211 million worth of clean, renewable power • Eliminate over 587,000 tons of greenhouse gas emissions GRID ALTERNATIVES GRID's Solar Services Type of Service Single- family (Low-income homeowners) Multifamily (Affordable multifamily housing owners) Commercial (Mission -aligned nonprofits) Technical Assistance X X Design & Installation X X X Workforce Development X X x Resident Education & Engagement X X x GRID Solar Affordable Housing Program ALTERNATIY - for LOW -Income Homeowners Homeowner Benefits: • 50-90% savings on electric bills through solar installed on home • Referral to LIEE and CARE • Warranty: 10 yr labor; 10-25 yr equipment manufacturer Local Worker Benefits: • FREE Solar Job Training: • No experience needed • Hands-on with all equipment, materials, and lunch provided • Ages 16+ (18+ to be on roof) • Job placement support Energy Bill I 1 GRID Low -Income Homeowner Costs ALTERNATIVES SOLAR COMPANY HERO!YGRENEf PACE GRID ALTERNATIVES CREDIT SCORE Required Required Not Required LOANTE A i 5 years 15 years None IHIE REM' RATE 4% 6 None SUIFTOTAL SET $212303 $24,303 SO FEDERAL TAX NEDIT ( 1 (-54,r800) (-54,800) None TOTAL COST 516 503 519,503 SO YOU SAVING 9+6 years 113 years Immediately Com as sociatixl with a typical t.m size .4 kW -ACJ. Lifetime savings: $43..000 GRID ALTERNATIVES Low -Income Homeowner Eligibility Criteria 1. Own and live in home 2. Income qualified: <_ 80% limits 3. Solar appropriate roof 4. Qualify for available low- income program rebates/ funding * No cost * No credit check, high bills, or equity req'd * No liens placed on home Apply online at: gridsolar.org Household Size Maximum Household Income 1 2 $37,550 $42,900 3 $48,250 4 $53,600 5 6 7 8 $57,900 $62,200 $66,500 $70,800 (2017 San Bernardino County & Riverside County Income Guidelines) GRID Funding Available for A LIEF/ NATIVES Disadvantaged Communities (DAC) ® SB 535 Disadvantaged Communities V from CalEnviroScreen 2.0 Results ID _ 411.- al If l_jr •- 0Rancho .12 2 k3 T) Lu gth St .411111160, e.cr. St-= - • -- L. E 1..111 Cucamonga Arrow 191te L s B lvd Ernpirs Lakes Golf Crouie 6th St 15 • ec. .0 0 Join) E 4th St n.16 • •• . .0 uaati RE' g io n al Park ID On tar' Mille ck... 7.. .''. c".• 1-..1 . r •A .- :VI: - -.r.. • ..8 (...... =c Empire 10 •tZ 11.i 11 aci I ile' .Arrow Route. iin'Bernw1211110,F.Ny ID oth J11.61 •.A1 lit tid Sari Bernardino Map web link: http://oehha.maps.arcgis.com/apps/Viewer/index.html?appid=dae2fble42674c12a04a2b302a080598 GRID GRID's Impact in the IE ALTER NATIVES Our Impact REGION: California -Inland Empire YEAR INSTALLED: -ALL- •k. tetrona! est IA Iia Death 4 12 y. Nathhna r]rk Mesquite • I Gra, a rtyorr-P; Las Vegas I Na tic 0 9h�rtr a 1 Natr'onai Forest Henderson KUALA N. L. RESE ikersfieId - , o Mojave NatronaI Preserve s est Los Angeles 0 Anaheim Lang Beaoho Go gle rtp- oshua Tree atrOPai Perk - Mao data ©2017 Gooale. I NEG I Terms of Use PROJECT TYPE: - ALL - P Systems Installed 1,313 kW Installed Age 5,402 Lifetime Savings �' $44,836,426 Tons of Greenhouse Gas 00 Emissions Prevented 114,249 e. Participants Trained /AI 2,402 GRID Some Representative ALTERNATIVES Regional Supporters & Partners COUNTY OF RIVERSIDE EDA ECONOMIC DEVELOPMENT AGENCY Habitat for Humanity San Bernardino Area, Inc. • his 411111P•aillievir Inland Valley Habitat Habitat for Humanity'' Riverside for Humanity' ALJTHCACTY OE THE Cour T . {: S1iM LERNARI}JN4} InI COACIiE LLA VALLEY ROUSING COALITLON haildint Cpammseeeii 5iQre I9R2 ■Wirral 11 ■ RIVERSIDE HOUSING f3FVF.'I.OPMF..HT F19' �.S�1NHSIEHomestrong �NPHS Innovation in Education 1896 ikv4 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT COLLEGE DESERT PEOPLE . PLANET. EMPLOYMENT. Bambi Tran, Inland Empire Regional Director btran@gridalternatives.org 1 951-272-4743 www.gridalternatives.org Item K3: An Informative Video was shown by GRID Alternatives to describe their Program for low-income homeowners. Item K3 GRID Alternative: (1) P914 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Counc;f FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy Director/Administrative S rvices Robert Neiuber, Human Resources Director/7V SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING SALARY SCHEDULES FOR FISCAL YEAR 2017-18 RECOMMENDATION: It is recommended that the City Council of the City of Rancho Cucamonga adopt Resolution No. 17-055 approving the Fiscal Year 2017-18 salary schedules for job classifications employed by the City. BACKGROUND: The City Council traditionally adopts salary resolutions biannually for those classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles and other terms of employment. The resolution adopts the changes previously approved of in the Memorandums of Understanding (MOUs) for the Rancho Cucamonga City Employees Association, Teamsters Local 1932, the Executive Management Employee Group and the City Manager's Contract. ANALYSIS: The City Council considers salary schedules twice a year. Updates are based on negotiated and agreed upon changes previously approved by the City Council. All the bargaining units mentioned above are subject to the Meyers-Milias-Brown Act and collective bargaining except the City Manager. As the City Manager's salary schedule is included in these documents, in conformance with Gov. Code 54953 and prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the City Manager's salary schedule. FISCAL IMPACT: None. Adjustments to the salary ranges and their fiscal impacts were considered previously by the City Council. Page 1 of 2 CITY COUNCIL STAFF REPORT CITY SALARY SCHEDULES JUNE 21, 2017 ATTACHMENTS: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Attachment 5 - Resolution No. 17-055 Approving the City Salary Schedules for FY 2017-2018 Salary Schedule for Executive Management Employee Job Classifications Salary Schedule for Rancho Cucamonga City Employees Association Covered Job Classifications Salary Schedule for Teamsters Local 1932 Job Classifications Salary Schedule for Part -Time City Job Classifications Page 2 of 2 P915 P916 RESOLUTION NO. 17-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2017-18 WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Executive Management Group, Rancho Cucamonga City Employees Association, Teamsters Local 1932, and Part -Time City positions (Attachments 1- 4) effective July 10, 2017. PASSED, APPROVED, AND ADOPTED this 21st day of June 2017. Resolution No. 17-055 EXECUTIVE MANAGEMENT GROUP ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges effective July 10, 2017 Minimum Control Point Maximum P917 Class Title Step Amount Step Amount Step Amount Animal Services Director 1594 $8,666 1634 $10,579 1664 $12,287 Assistant City Manager 1672 $12,788 1712 $16,611 1742 $18,131 Building and Safety Services Director 1609 $9,339 1649 $11,402 1679 $13,242 City Clerk Services Director 1568 $7,612 1606 $9,200 1636 $10,686 City Manager 1756 $19,441 1796 $23,734 1826 $27,564 Community Services Director 1627 $10,216 1667 $12,473 1697 $14,485 Deputy City Manager/Administrative Services 1647 $11,288 1687 $13,781 1717 $16,005 Deputy City Manager/Civic & Cultural Services 1647 $11,288 1687 $13,781 1717 $16,005 Deputy City Manager/ Econ. & Comm. Dev. 1647 $11,288 1687 $13,781 1717 $16,005 Eng Svs Director/City Engineer 1628 $10,267 1668 $12,535 1698 $14,557 Finance Director 1629 $10,319 1669 $12,597 1699 $14,631 Human Resources Director 1621 $9,915 1661 $12,104 1691 $14,059 Innovation and Technology Director 1637 $10,740 1677 $13,110 1707 $15,227 Library Director 1611 $9,433 1651 $11,516 1681 $13,374 Planning Director 1621 $9,915 1661 $12,104 1691 $14,059 Public Works Services Director 1609 $9,339 1649 $11,402 1679 $13,242 Fire Chief* A $13,439 G $18,009 * Included for informational purposes only - This is a Fire District Management Employee Group position not a City position Executive Management Attachment 2 July 10, 2017 P918 Resolution No. 17-055 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $2,908 4415 $3,550 4435 $3,922 Account Technician 4423 $3,694 4463 $4,509 4483 $4,983 Accountant# 3465 $4,555 3505 $5,560 3525 $6,143 Accounting Manager* 2525 $6,143 2565 $7,499 2585 $8,285 Accounts Payable Supervisor# 3470 $4,670 3510 $5,701 3530 $6,229 Administrative Secretary 4424 $3,713 4464 $4,532 4488 $5,108 Administrative Technician 4437 $3,962 4477 $4,836 4497 $5,343 Animal Care Attendant 4349 $2,554 4389 $3,118 4409 $3,445 Animal Caretaker 4378 $2,952 4418 $3,603 4438 $3,981 Animal Care Supervisor# 3416 $3,567 3456 $4,355 3476 $4,811 Animal Center Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Animal Handler 4388 $3,102 4428 $3,787 4448 $4,185 Animal License Canvasser 4349 $2,554 4389 $3,118 4409 $3,445 Animal Services Dispatcher 4369 $2,822 4409 $3,445 4429 $3,807 Animal Services Officer 1 4421 $3,658 4461 $4,465 4481 $4,933 Animal Services Officer II 4441 $4,041 4481 $4,933 4501 $5,451 Assistant City Clerk # 3535 $6,458 3575 $7,883 3595 $8,710 Assistant City Engineer* 2590 $8,495 2630 $10,370 2650 $11,459 Assistant Engineer# 3488 $5,108 3528 $6,236 3548 $6,890 Assistant Library Director* 2572 $7,765 2612 $9,480 2632 $10,474 Assistant Planner# 3468 $4,624 3508 $5,645 3528 $6,236 Assistant to the City Manager* 2548 $6,890 2588 $8,411 2608 $9,293 Associate Engineer# 3518 $5,933 3558 $7,242 3578 $8,002 Associate Planner# 3487 $5,083 3527 $6,206 3547 $6,856 Box Office Coordinator 4450 $4,227 4490 $5,160 4510 $5,701 Budget Analyst# 3498 $5,369 3538 $6,556 3558 $7,242 Building Inspection Supervisor#2 3504 $5,532 3544 $6,754 3564 $7,462 Building Inspector 12 4444 $4,101 4484 $5,007 4504 $5,532 Building Inspector 112 4464 $4,532 4504 $5,532 4524 $6,113 Building Safety Manager* 2533 $6,394 2573 $7,804 2593 $8,623 Business License Clerk 4378 $2,952 4418 $3,603 4438 $3,981 Business License Inspector 4418 $3,603 4458 $4,398 4478 $4,860 Business License Program Coordinator# 3432 $3,864 3472 $4,716 3492 $5,211 Attachment 3 Rancho Cucamonga City Employees Association July 10, 2017 P919 Resolution No. 17-055 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Business License Technician 4408 $3,428 4448 $4,185 4468 $4,624 City Planner/Planning Manager* 2583 $8,204 2623 $10,014 2643 $11,065 City Clerk Records Management Analyst# 3470 $4,670 3510 _ $5,701 3530 $6,299 Community Improvement Officer I 4421 $3,658 4461 $4,465 4481 $4,933 Community Improvement Officer II 4441 $4,041 4481 $4,933 4501 $5,451 Community Improvement Manager* 2533 $6,394 2573 $7,804 2593 $8,623 Communications Manager* 2565 $7,499 2605 $9,155 2625 $10,115 Community Programs Coordinator 4450 $4,227 4490 $5,160 4510 $5,701 Community Programs Specialist 4437 $3,962 4477 $4,836 4497 $5,343 Community Services Coordinator 4450 $4,227 4490 $5,160 4510 $5,701 Community Services Marketing Coord 4450 $4,227 4490 $5,160 4510 $5,701 Community Services Project Coordinator# 3500 $5,423 3540 $6,621 3560 $7,314 Community Services Specialist 4350 $2,566 4390 $3,133 4410 $3,462 Community Services Superintendent* 2536 $6,490 2576 $7,922 2596 $8,753 Community Services Supervisor# 3480 $4,980 3520 $5,993 3540 $6,621 Community Services Technician 4437 $3,962 4477 $4,836 4497 $5,343 Community Services Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Community Svc Marketing Manager* 2536 $6,490 2576 $7,922 2596 $8,753 Cultural Arts Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Deputy City Clerk# 3430 $3,825 3470 $4,670 3490 $5,160 Deputy Dir. of Innovation and Technology 2558 $7,242 2598 $8,840 2618 $9,769 Engineering Aide 4421 $3,658 4461 $4,465 4481 $4,933 Engineering Technician 4441 $4,041 4481 $4,933 4501 $5,451 Environmental Programs Coordinator# 3503 $5,505 3543 $6,721 3563 $7,425 Environmental Programs Inspector2 4464 $4,532 4504 $5,532 4524 $6,113 Environmental Programs Manager* 2539 $6,588 2579 $8,042 2599 $8,885 Executive Assistant* 2460 $4,443 2500 $5,423 2520 $5,993 Facilities Superintendent* 2536 $6,490 2576 $7,922 2596 $8,753 Finance Manager* 2559 $7,278 2599 $8,885 2619 $9,818 Fleet Supervisor#2 3488 $5,108 3528 $6,236 3548 $6,890 Fund Development Coordinator# 3470 $4,670 3510 $5,701 3530 $6,299 GIS Analyst# 3505 $5,560 3545 $6,788 3565 $7,499 GIS Technician 4436 $3,941 4476 $4,811 4496 $5,316 GIS Supervisor# 3535 $6,458 3575 $7,883 3595 $8,710 Attachment 3 Rancho Cucamonga City Employees Association July 10, 2017 P920 Resolution No. 17-055 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Human Resources Clerk 4389 $3,118 4429 $3,807 4449 $4,205 Human Resources Manager* 2583 $8,204 2623 $10,014 2643 $11,065 Human Resources Technician 4399 $3,277 4439 $4,000 4459 $4,421 Information Technology Analyst I# 3505 $5,560 3545 $6,788 3565 $7,499 Information Technology Analyst II# 3520 $5,993 3560 $7,314 3580 $8,081 Information Technology Specialist 1 4456 $4,355 4496 $5,316 4516 $5,874 Information Technology Specialist II 4471 $4,693 4511 $5,729 4531 $6,330 Information Technology Technician 4411 $3,479 4451 $4,247 4471 $4,693 Librarian I# 3435 $3,922 3475 $4,788 3495 $5,290 Librarian II# 3457 $4,377 3497 $5,343 3517 $5,904 Library Assistant 1# 3373 $2,878 3413 $3,514 3433 $3,883 Library Assistant 11# 3414 $3,532 3454 $4,312 3474 $4,764 Library Clerk 4356 $2,645 4396 $3,228 4416 $3,567 Library Page 4244 $1,513 4284 $1,847 4304 $2,040 Library Page 11 4293 $1,932 4333 $2,358 4353 $2,605 Library Services Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Library Technician 4393 $3,180 4433 $3,883 4453 $4,290 Maintenance Supervisor#2 3488 $5,108 3528 $6,236 3548 $6,890 Management Aide 4440 $4,021 4480 $4,908 4500 $5,423 Management Analyst I# 3470 $4,670 3510 $5,701 3530 $6,299 Management Analyst II# 3498 $5,369 3538 $6,556 3558 $7,242 Management Analyst III# 3515 $5,845 3555 $7,134 3575 $7,883 Office Services Clerk 4369 $2,822 4409 $3,445 4429 $3,807 Office Specialist 1 4349 $2,554 4389 $3,118 4409 $3,445 Office Specialist 11 4369 $2,822 4409 $3,445 4429 $3,807 Park/Landscape Maintenance Supt*2 2536 $6,490 2576 $7,922 2596 $8,753 Payroll Supervisor# 3470 $4,670 3510 $5,701 3530 $6,299 Plan Check & Inspection Manager* 2533 $6,394 2573 $7,804 2595 $8,710 Planning Commission Secretary# 3411 $4,101 3484 $5,007 3504 $5,532 Planning Specialist 4443 $4,081 4483 $4,983 4503 $5,505 Planning Technician 4423 $3,694 4463 $4,509 4483 $4,983 Plans Examiner 1 4474 $4,764 4514 $5,816 4534 $6,426 Plans Examiner II# 3488 $5,108 3528 $6,236 3548 $6,890 Principal Librarian* 2495 $5,290 2535 $6,458 2555 $7,134 Attachment 3 Rancho Cucamonga City Employees Association July 10, 2017 P921 Resolution No. 17-055 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Principal Management Analyst* 2543 $6,721 2583 $8,204 2603 $9,064 Principal Engineer* 2567 $7,575 2607 $9,246 2627 $10,216 Principal Planner* 2537 $6,523 2577 $7,962 2597 $8,796 Public Services Technician 1 4413 $3,514 4453 $4,290 4473 $4,740 Public Services Technician II 4423 $3,694 4463 $4,509 4483 $4,983 Public Services Technician III 4443 $4,081 4483 $4,983 4503 $5,505 Public Works Inspector 12 4444 $4,101 4484 $5,007 4504 $5,532 Public Works Inspector 112 4464 $4,532 4504 $5,532 4524 $6,113 Public Works Maintenance Manager* 2566 $7,537 2606 $9,200 2626 $10,165 Public Works Safety Coordinator #2 3468 $4,624 3508 $5,645 3528 $6,236 Procurement & Contracts Analyst# 3433 $3,883 3473 $4,740 3493 $5,238 Procurement Clerk 4374 $2,893 4414 $3,532 4434 $3,903 Procurement Manager* 2530 $6,299 2570 $7,689 2590 $8,495 Procurement Technician 4411 $3,479 4451 $4,247 4471 $4,693 Records Clerk 4358 $2,671 4398 $3,261 4418 $3,603 Records Coordinator 4386 $3,071 4426 $3,750 4446 $4,143 Risk Analyst# 3433 $3,883 3473 $4,740 3493 $5,238 Risk Management Coordinator# 3470 $4,670 3510 $5,701 3530 $6,299 Secretary' 4394 $3,197 4434 $3,903 4454 $4,312 Senior Account Clerk 4395 $3,213 4435 $3,922 4455 $4,333 Senior Account Technician 4446 $4,143 4486 $5,058 4506 $5,589 Senior Accountant# 3498 $5,369 3538 $6,556 3558 $7,242 Senior Administrative Secretary 4444 $4,101 4484 $5,007 4504 $5,532 Senior Animal Services Officer# 3461 $4,465 3501 $5,451 3521 $6,022 Senior Building Inspector#2 3484 $5,007 3524 $6,113 3544 $6,754 Senior Civil Engineer* 2547 $6,856 2587 $8,369 2607 $9,246 Senior Community Improvement Officer# 3461 $4,465 3501 $5,451 3521 $6,022 Senior Electrician # 3485 $5,033 3525 $6,143 3545 $6,788 Senior GIS Analyst # 3520 $5,993 3560 $7,314 3580 $8,081 Senior GIS Technician 4456 $4,355 4496 $5,316 4516 $5,874 Senior Information Technology Analyst# 3535 $6,458 3575 $7,883 3595 $8,710 Senior Information Technology Specialist 4493 $5,238 4533 $6,394 4553 $7,064 Senior Librarian# 3468 $4,624 3508 $5,645 3528 $6,236 Senior Park Planner# 3500 $5,423 3540 $6,621 3560 $7,314 Attachment 3 Rancho Cucamonga City Employees Association July 10, 2017 P922 Resolution No. 17-055 RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Senior Planner* 2517 $5,904 2557 $7,206 2577 $7,962 Senior Plans Examiner# 3503 $5,505 3543 $6,721 3563 $7,425 Senior Procurement Technician# 3463 $4,509 3503 $5,505 3523 $6,083 Senior Risk Management Analyst# 3515 $5,845 3555 $7,134 3575 $7,883 Senior Special Districts Technician 4443 $4,081 4483 $4,983 4503 $5,505 Special Districts Analyst# 3498 $5,369 3538 $6,556 3558 $7,242 Special Districts Technician 4437 $3,962 4477 $4,836 4497 $5,343 Street/Storm Drain Maintenance Supt*2 2536 $6,490 2576 $7,922 2596 $8,753 Supervising Public Works Inspector#2 3494 $5,263 3534 $6,426 3554 $7,099 Theater Production Coordinator 4460 $4,443 4500 $5,423 4520 $5,993 Theater Production Supervisor# 3480 $4,908 3520 $5,993 3540 $6,621 Theatre Technician III 4423 $3,694 4463 $4,509 4483 $4,983 Traffic Engineer* 2569 $7,650 2609 $9,339 2629 $10,319 Utilities Division Manager* 2584 $8,254 2624 $10,065 2644 $11,121 Utility Operations Manager* 2524 $6,113 2564 $7,462 2584 $8,254 Veterinarian* 2579 $8,042 2619 $9,818 2639 $10,847 Veterinary Assistant 4407 $3,411 4447 $4,164 4467 $4,600 Veterinary Technician 4437 $3,962 4477 1 $4,836 4497 $5,343 When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off can be substituted in lieu of $50 at the option of the employee. - Refer to MOU for provision of boot allowance # Denotes Supervisory/Professional Class * Denotes Management Class Attachment 3 Rancho Cucamonga City Employees Association July 10, 2017 Resolution No. 17-055 PUBLIC WORKS MAINTENANCE EMPLOYEES Represented By THE TEAMSTERS LOCAL 1932 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum P923 Class Title Step Amount Step Amount Step Amount Electrician 5457 $4,377 5497 $5,343 5517 $5,904 Equipment Operator 5425 $3,731 5465 $4,555 5485 $5,003 Inventory Specialist Equipment/Mat 5389 $3,118 5429 $3,807 5449 $4,205 Lead Maintenance Worker 5429 $3,807 5469 $4,647 5489 $5,134 Lead Mechanic 5440 $4,021 5480 $4,908 5500 $5,423 Maintenance Coordinator 5452 $4,269 5492 $5,211 5512 $5,758 Maintenance Worker 5391 $3,149 5431 $3,844 5451 $4,247 Mechanic 5430 $3,825 5470 $4,670 5490 $5,160 Senior Maintenance Worker 5401 $3,310 5441 $4,041 5461 $4,465 Signal & Lighting Coordinator 5479 $4,884 5519 $5,963 5539 $6,588 Signal & Lighting Technician 5452 $4,269 5492 $5,211 5512 $5,758 The Teamsters Local 1932 Attachment 4 July 10, 2017 Resolution No. 17-005 PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Part Time Positions Steo Amount Sten Amount Sten Amount Account Clerk 6368 $15.87 6408 $19.37 6418 $20.36 Account Technician 6423 $20.88 6463 $25.49 6473 $26.79 Accountant 6465 $25.75 6505 $31.43 6515 $33.04 Administrative Intern 6320 $12.48 6360 $15.24 6370 $16.03 Animal Care Attendant 6349 $14.43 6389 $17.62 6399 $18.52 Animal Caretaker 6378 $16.69 6418 $20.38 6428 $21.42 Animal Handler 6388 $17.54 6428 $21.41 6438 $22.50 Animal License Canvasser 6276 $10.03 6306 $11.65 6316 $12.26 Animal Services Dispatcher 6369 $15.95 6409 $19.47 6419 $20.46 Animal Services Officer 6441 $22.84 6481 $27.88 6491 $29.31 Assistant Engineer 6488 $28.88 6528 $35.25 6538 $37.05 Assistant Planner 6468 $26.13 6508 $31.90 6518 $33.54 Assistant Pool Manager 6305 $11.60 6345 $14.16 6355 $14.87 Associate Engineer 6518 $33.53 6558 $40.94 6568 $43.03 Associate Planner 6487 $28.73 6527 $35.07 6537 $36.86 Box Office Assistant 6290 $10.76 6330 $13.13 6340 $13.81 Box Office Specialist 6311 $11.95 6351 $14.58 6361 $15.33 Budget Analyst 6498 $30.35 6538 $37.05 6548 $38.95 Building Inspector 1 6444 $23.18 6484 $28.30 6504 $31.27 Building Inspector II 6464 $25.61 6504 $31.27 6514 $32.87 Business License Clerk 6378 $16.69 6418 $20.38 6428 $21.42 Business License Technician 6408 $19.37 6448 $23.65 6463 $25.49 Community Improvement Officer 1 6421 $20.67 6461 $25.34 6471 $26.53 Community Improvement Officer II 6441 $22.84 6481 $27.88 6491 $29.31 Community Programs Coordinator 6450 $23.89 6490 $29.16 6500 $30.66 Community Programs Specialist 6437 $22.39 6477 $27.33 6487 $28.73 Community Services Coordinator 6450 $23.89 6490 $29.16 6500 $30.66 Community Services Specialist 6350 $14.51 6390 $17.71 6400 $18.62 Community Services Supervisor 6480 $27.75 6520 $33.87 6530 $35.60 Community Services Technician 6437 $22.39 6477 $27.33 6487 $28.73 Department Director 6562 $42.17 6604 $51.50 6707 $86.92 Department Manager 6525 $34.73 6566 $42.60 6634 $59.81 Deputy City Clerk 6430 $21.62 6470 $26.40 6480 $27.75 Division Supervisor 6416 $20.16 6457 $24.74 6554 $40.13 electrician 6457 $24.74 6497 $30.20 6507 $31.75 Energy Efficiency Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Engineering Aide 6421 $20.67 6461 $25.24 6471 $26.53 Engineering Technician 6441 $22.84 6481 $27.88 6491 $29.31 Environmental Resources Intern 6280 $10.23 6320 $12.48 6330 $13.13 Equipment Operator 6425 $21.09 6465 $25.75 6475 $27.06 GIS Programmer/Analyst 6456 $24.61 6496 $30.05 6506 $31.58 GIS Intern 6320 $12.48 6360 $15.24 6370 $16.03 GIS Technician 6436 $22.28 6476 $27.20 6486 _ $28.59 Attachment 5 P924 City Part -Time Hourly Pay Ranges July 10, 2017 Resolution No. 17-005 PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Part Time Positions Step Amount Step Amount Steo Amount Healthy Cities Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Human Resources Clerk 6389 $17.62 6429 $21.51 6439 $22.61 Human Resources Technician 6399 $18.52 6439 $22.61 6449 $23.77 Instructor/Guard 1 6276 $10.03 6280 $10.23 6290 $10.76 Instructor/Guard 11 6280 $10.23 6320 $12.48 6330 $13.13 Lead Mechanic 6440 $22.73 6480 $27.75 6490 $29.16 Library Aide 6276 $10.03 6277 $10.09 , 6287 $10.59 Librarian 1 6433 $21.95 6473 $26.79 6483 $28.16 Library Assistant 1 6362 $15.41 6402 $18.81 6412 $19.77 Library Assistant 11 6404 $18.99 6444 $23.20 6454 $24.37 Library Clerk 6346 $14.22 6386 $17.37 6396 $18.25 Library Director/SIF Trainer 6600 $50.48 6640 $61.63 6650 $64.78 Library Page 6276 $10.03 6277 $10.09 6287 $10.59 Library Page II 6280 $10.23 6320 $12.48 6330 $13.13 Library Technician 6393 $17.98 6433 $21.95 6443 $23.07 Maintenance Technician 6280 $10.23 6320 $12.48 6330 $13.13 Management Aide 6440 $22.73 6480 $27.75 6490 $29.16 Management Analyst 1 6470 $26.40 6510 $32.22 6520 $33.87 Management Analyst 11 6498 $30.35 6538 $37.05 6548 $38.95 Mechanic 6430 $21.62 6470 $26.40 6480 $27.75 Meter Technician 6487 , $28.73 6527 $35.07 6537 $36.86 Office Services Clerk 6369 $15.95 6409 $19.41 6419 $20.47 Office Specialist 1 6332 $13.25 6372 $16.19 6382 $17.02 Office Specialist 11 6352 $14.65 6392 $17.89 6402 $18.80 Outreach Technician 6311 $11.95 6351 $14.58 6361 $15.33 Park Ranger 6352 $14.65 6392 $17.89 6402 $18.80 Planning Aide 6320 $12.48 6360 $15.24 6370 $16.03 Planning Manager 6583 $46.37 6623 $56.62 6633 $59.51 Plans Examiner 1 6474 $26.92 6514 $32.87 6534 $36.32 Playschool lnstructor 6311 $11.95 6351 $14.58 6361 $15.33 Pool Manager 6329 $13.07 6369 $15.95 6379 $16.76 Principal Engineer 6567 $42.82 6607 $52.77 6617 $54.95 Procurement Clerk 6368 $15.87 6408 $19.37 6418 $20.37 Program Specialist 6311 $11.95 6351 $14.58 6361 $15.33 Public Services Technician 1 6413 $19.86 6453 $24.25 6463 $25.49 Public Services Technician 11 6423 $20.88 6463 $25.49 6473 $26.79 Public Services Technician 111 6443 $23.07 6483 $28.16 6493 $29.60 Public Works Inspector 1 6444 $23.19 6484 $28.31 6494 $29.75 Public Works Inspector 11 6464 $25.62 6504 $31.27 6514 $32.87 Receptionist 6342 $13.94 6382 $17.02 6392 $17.89 Records Clerk 6344 $14.08 6384 $17.19 6394 $18.08 Records Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Attachment 5 P925 City Part -Time Hourly Pay Ranges July 10, 2017 P926 Resolution No. 17-005 PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective July 10, 2017 Minimum Control Point Maximum Part Time Positions Step Amount Sten Amount Sten Amount Recreation Attendant 6276 $10.03 6277 $10.09 6287 $10.59 Recreation Assistant 6276 $10.03 6306 $11.65 6316 $12.26 Recreation Leader 6290 $10.76 6330 $13.13 6340 $13.81 Secretary 6394 $18.07 6434 $22.06 6444 $23.18 Senior Accountant 6498 $30.35 6538 $37.05 6548 $38.95 Senior Civil Engineer 6543 $37.99 6583 $46.37 6593 $48.75 Signal and Lighting Technician 6452 $24.12 6492 $29.46 6502 $30.96 Sports Official 6311 $11.95 6351 $14.58 6361 $15.33 Swim Aide 6276 $10.03 6306 $11.65 6316 $12.26 Theatre Technician I 6311 $11.95 6351 $14.58 6361 $15.33 Theatre Technician II 6372 $16.19 6412 $19.77 6422 $20.78 Veterinarian 6579 $45.46 6619 $55.50 6629 $58.33 Veterinary Assistant 6407 $19.27 6447 $23.52 6457 $24.74 Veterinary Technician 6437 $22.40 6477 $27.33 6487 $28.73 City Part -Time Hourly Pay Ranges Attachment 5 July 10, 2017 P927 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Fabian Villenas, Principal Manag ent Analyst SUBJECT: DESIGNATION OF A VOTING DELEGATE AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING RECOMMENDATION: It is recommended the City Council designate one voting delegate and up to two alternates for the Annual Business Meeting of the 2017 League of California Cities Annual Conference. BACKGROUND: This year's League of California Cities Annual Conference is scheduled for September 13-15, 2017 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting during General Assembly, scheduled for 12:30 p.m. on Friday, September 15th at the Sacramento Convention Center. At this meeting, the League membership will consider and take action on resolutions, which establish League policy on municipal issues of statewide importance. The League requires that each member city designate one (1) voting delegate and may also appoint up to two (2) alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. According to the League bylaws, the voting delegate and the two alternate delegates 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 Annual Business Meeting cannot be transferred to any other city official beyond the designated voting delegate and alternates. The voting delegate and alternates can be Council Members or City Staff scheduled to attend the conference and must be present at the Annual Business Meeting with the voting card in order to vote. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Attachment 1 - Voting Delegate Letter and Form Page 1 of 1 P928 L LEA�GUE� CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Council Action Advised by July 31, 2017 May 3, 2017 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 13 —15, Sacramento The League's 2017 Annual Conference is scheduled for September 13 — 15 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for 12:30 p.m. on Friday, September 15, at the Sacramento 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, September 1, 2017. 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 P929 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 Sacramento Convention Center, will be open at the following times: Wednesday, September 13, 8:00 a.m. — 6:00 p.m.; Thursday, September 14, 7:00 a.m. — 4:00 p.m.; and Friday, September 15, 7:30 a.m.— Noon. 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, September 1. If you have questions, please call Carly Shelby at (916) 658-8279. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form P930 Annual Conference Voting Procedures 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. L LEAIGUE® CITIES P931 CITY: 2017 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, September 1, 2017. 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 Fridays September 1, 2017 League of California Cities ATTN: Carly Shelby 1400 K Street, 4th Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: cshelby@cacities.org (916) 658-8279 P932 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director g Stveird4. SUBJECT: CONSIDERATION OF THE CI COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION REGARDING REAPPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES RECOMMENDATION: It is recommended that the City Council approve the City Council Library Subcommittee's recommendation to reappoint Christine DeVries and Sarah Tomkins to another four-year term to the Library Board of Trustees. BACKGROUND: As mandated by the California Education Code Sections 18910-18927, municipal public libraries shall have a Board of Trustees appointed by the municipality's governing body. As outlined by the By-laws of the Rancho Cucamonga Public Library Board of Trustees, the Board is mandated to provide oversight to the Library. Terms of office for the Trustees shall be for four years and all Members serve in a volunteer capacity. ANALYSIS: The City Council Library Subcommittee, at their meeting on June 7, 2017, discussed reappointment of Christine DeVries and Sarah Tomkins to the Library Board of Trustees. Both have proven to be engaged, active members of the Library Board and have demonstrated their strong commitment to the work of the Library and to the Library Board of Trustees. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: (if applicable) None. ATTACHMENTS: None. Page 1 of 1 P933 CITY OF RANCHO CUCAMONGA DATE: June 21, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager (� INITIATED BY: Julie A. Sowles, Library Director V a - e?)-& SUBJECT: CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION REGARDING REAPPOINTMENTS TO THE LIBRARY FOUNDATION BOARD STAFF REPORT RECOMMENDATION: It is recommended that the City Council approve the City Council Library Subcommittee's recommendation to reappoint Tina Gilfry, David Gonzalez and Kristine Scott to another four-year term to the Library Foundation Board. BACKGROUND: The Rancho Cucamonga Public Library Foundation is a 501(c)(3) organization dedicated to fundraising for the Library. Currently, there are 10 members appointed by the City Council with the maximum number of Foundation Directors stated by the By-laws to be 21 and the minimum 7. ANALYSIS: The City Council Library Subcommittee met on Wednesday, June 7, 2017, to discuss reappointments of Tina Gilfry, David Gonzalez and Kristine Scott to the Library Foundation Board. All three members have contributed countless hours to the Rancho Cucamonga Library Foundation. Their dedication, expertise and passion for the Library will be invaluable as the Library moves forward with the fundraising campaign. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: (if applicable) None. ATTACHMENTS: None. Page 1 of 1 P934 DATE: TO: FROM: INITIATED BY: SUBJECT: STAFF REPORT June 21, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Lori Sassoon, Deputy City Manager/Administrative Services CONSIDERATION OF THE CITY COUNCIL WEST -SIDE DISTRICTS SUBCOMMITTEE'S RECOMMENDATION REGARDING APPOINTMENT TO THE WEST -SIDE DISTRICTS CITIZENS' OVERSIGHT COMMITTEE RECOMMENDATION: It is recommended that the City Council approve the City Council West -side Districts Citizens' Oversight Ad Hoc Committee's recommendation to appoint Janet Ryerson to the West -side Districts Citizens' Oversight Committee. BACKGROUND: In November 2015, the City Council adopted Resolution 15-207 to establish the West -side Districts Citizens' Oversight Committee. Modeled after the original oversight committee that was created to oversee the landscape maintenance districts in the City's planned communities, this West -side Committee was tasked with reviewing the annual financial audits in LMD 1, PD 85, and SLD 2. The Committee has been working since that time in its oversight role. ANALYSIS: A vacancy on the West -side Citizens' Oversight Committee was created with the resignation of Sean Harvath in Spring 2017. To fill that vacancy, the City Clerk's Office conducted an open search for new Committee members, and three (3) applications were received as a result of that process. On June 7, 2017, the City Council West -side Districts Subcommittee (Councilmembers Spagnolo and Williams) interviewed the applicants, and unanimously recommended Janet Ryerson be appointed to the Committee. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: (if applicable) None ATTACHMENTS: None. Page 1 of 1