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HomeMy WebLinkAbout2018-07-18 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY -PUBLIC FINANCING AUTHORITY -CITY COUNCIL Wednesday, July 18, 2018 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 5:00 P.M. REGULAR MEETINGS COUNCILCHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITYMANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITYATTORNEY James L. Markman COUNCIL MEMBERS William Alexander CITYCLERK Janice C. Reynolds Sam Spagnolo CITYTREASURER James C. Frost Diane Williams 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. Page 1 J U LY 18, 2018 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITYAND CITY COUNCIL AGENDA D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. — CITY D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229-012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DAN DE LA PAZ, REPRESENTING THE PROPERTY OWNER; REGARDING PRICE AND TERMS. — CITY D3. 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 D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) — CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH; CITATION AND NOTIFICATION OF PENALTY, CSHO ID H2O40, INSPECTION #1281145. - CITY Page 3 D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD AS PARCEL NUMBERS 1089-031-360000; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL REPRESENTING DAY CREEK SENIOR HOUSING PARTNERS, LP; REGARDING PRICE AND TERMS.—CITY D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE AS PARCEL NUMBERS 0208-331-47-0000 AND 0208-331-40-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KEN WARD REPRESENTING UNITED STATES MARSHALS SERVICE; REGARDING PRICE AND TERMS. — CITY D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. - CITY D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5917 ARCHIBALD AVENUE; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LINDA J.L. MARIE WALKER AND JOSEPH A. WALKER, OWNERS; REGARDING PRICE AND TERMS. -CITY 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. 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 Page 4 A. ANNOUNCEMENT/ PRESENTATIONS 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. C1. Consideration of Meeting Minutes: Regular Meeting of May 2, 2018; May 16, 2018 (Regular & 12 Special); June 6, 2018; and Special Meeting of June 21, 2018. C2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,403,030.94 and Weekly Check 43 Registers in the Amount of $1,829,829.04 Dated June 12, 2018 Through July 09, 2018. C3. Consideration to Receive and File Current Investment Schedule as of June 30, 2018. 64 C4. Consideration to Approve the Renewal of Contract No.17-143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance; Add Bi -Weekly Routine Landscape 71 Maintenance at Jersey Station (174)/Training Center/Fire Shop, with a Value of $43,950 for FY2018/2019, and an Estimated Total Contract Value of $281,700 Over the Six Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. C5. Consideration to Approve the Renewal of Contract No.16-114 with Emcor Services/Mesa Energy Systems For Citywide HVAC Maintenance and Repair Services, With a Value of $45,000 For FY 88 2018/2019, and an Estimated Total Contract Value of $184,800 Over the Four Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. Page 5 .A.% INFORMATION FOR THE PUBLIC [ UCAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY. SUCCESSOR AGENCYY, PUBLIC FINANCING AUTHORITYAND CITYCOUNCIL 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 alled 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 bythe 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 CityCouncil 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 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. Page 2 C6. Consideration to Approve the Renewal of Contract No. 17-141 with Commercial Cleaning Systems for Citywide Janitorial Services with a Value of $30,000 for FY 2018/2019, and an 93 Estimated Total Contract Value of $220,130 Over the Six Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. C7. Consideration to Accept the Rancho Cucamonga Fire Protection District Training Center 98 Increment I Construction Project as Complete, Approve Final Contract Amount of $15,621,346, File a Notice of Completion and Release Bonds Accordingly. C8. Consideration to Approve a Resolution Authorizing the City Manager to Appoint a Retirement Plan 101 Committee and Approve any Policies and Procedures Related to the Committee. RESOLUTION NO. FD 18-012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA 103 FIRE PROTECTION DISTRICT, AUTHORIZING THE CITY MANAGER TO APPOINT A RETIREMENT PLAN COMMITTEE AND APPROVE ANY POLICIES AND PROCEDURES RELATED TO THE COMMITTEE. D 1. Consideration of Meeting Minutes: Regular Meeting of May 2, 2018; May 16, 2018; June 6, 2018. 12 E1. Consideration of Meeting Minutes: Regular Meeting of May 2, 2018; May 16, 2018; June 6, 2018. 12 F1. Consideration of Meeting Minutes: Regular Meeting of May 2, 2018; May 16, 2018; June 6, 2018. 12 G1. Consideration of Meeting Minutes: Regular Meeting of May 2, 2018; May 16, 2018 12 (Regular&Special); June 6, 2018; and Special Meeting of June 21, 2018. G2. Consideration to Approve Bi -Weekly Payroll in the Amount of $2,423,335.03 and Weekly Check 105 Registers in the Amount of $4,035,635.94 Dated June 12, 2018 Through July 09, 2018. G3. Consideration to Receive and File Current Investment Schedule as of June 30, 2018. 126 G4. Consideration for Approval of the Revised Field Allocation Policy. 138 G5. Consideration to Approve Second Amendment to Ground Lease Agreement with Goals Soccer 153 Centers, I NC. G6. Consideration to Approve a Contract with Bureau Veritas North America, Inc. and a Contract with 223 Interwest Consulting Group for Annual Plan Review Services on an As -Needed Basis in an Amount Not to Exceed $75,000 Each on an Annual Basis for the Next Seven Years. G7. Consideration of an Improvement Agreement, Improvement Securities, and Ordering the 302 Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Case No. DRC2015-00991 Located at 8591 Grove Avenue and Submitted by WeCare Dialysis Center. G8. Consideration of a Three -Year Managed Services Agreement with Advanced Utility Systems in the 320 Total Amount of $115,922 for the Rancho Cucamonga Municipal Utility CIS Infinity Software Billing Platform. G9. Consideration to Approve a Resolution Authorizing the City Manager to Appoint a Retirement Plan 345 Page 6 Committee and Approve any Policies and Procedures Related to the Committee. RESOLUTION NO. 18-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 347 CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPOINT A RETIREMENT PLAN COMMITTEE AND APPROVE ANY POLICIES AND PROCEDURES RELATED TO THE COMMITTEE G10. Consideration of a Professional Services Agreement with Geographic Technologies Group in the 349 Amount of $51,850 for Fiber Management Software in Accordance with RFP #17/18-016. G11. Consideration of Amendment No. 010 Authorizing an Increase to the Professional Services Agreement with Pacific Utility Installation, Inc. in the Amount of $165,025 for Fiscal Year 2018/19 397 and Authorizing an Appropriation in the Amount of $142,445 from the Municipal Utility Fund for Line Extension Improvements Located at 12400 Arrow Route and Street Light Improvements Located at 9299 Haven Avenue. E, 111C G12. Consideration of the Capital Improvement Program for Fiscal Year 2018/19. G13. Consideration of an Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 534 1 and 6 for Case No. DRC2015-00797 Located on Santa Anita Avenue North of 6th Street Submitted by CRP Oakmont Santa Anita LLC. G14. Consideration to Enter Into a Reimbursement Agreement with the City of Ontario and Appropriate 552 $239,910 from the Gas Tax R&T7360 Fund for Pavement Resurfacing of the North Half of 4th Street between Cucamonga Creek Channel and Archibald Avenue. G15. Consideration of Authorization to Relocate Newly Placed Radio Equipment from the City Yard and Cucamonga School District Office to the Top of Cucamonga Middle School and Haven Radio 564 Tower Utilizing the City's Existing Vendor, Leverage Information Systems, for a Total Cost of $8,310 and Authorization to Appropriate $8,310 from the Cops Program Grant. G16. Consideration to Approve the Renewal of Contract No. 16-148 with Brightview Landscape Services for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 572 (LMD 1) Parks, with a Value of $341,000 for FY 2018/2019, and an Estimated Total Contract Value of $1,783,320 Over the Five Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G17. Consideration to Approve the Renewal of Contract No. 2012-009 With Brightview Landscape 584 Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1, 2, 4R, and 5, with a Value of $1,914,000 For FY 2018/2019. G18. Consideration to Approve the Renewal of Contract No. 16-262 With Brightview Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD -85 Parks, with a Value of 593 $259,000 For FY 2018/2019, and an Estimated Total Contract Value of $1,361,180 Over the Five Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G19. Consideration to Approve the Renewal of Contract No. 17-140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on Haven Avenue and Foothill Boulevard Medians, with a 600 Value of $243,380 for FY 2018/2019, and an Estimated Total Contract Value of $1,569,680 Over the Six Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G20. Consideration to Renew of Contract No. 17-142 With Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on General Fund, LMD 3A, and LMD 3B Parkways and Medians, with 605 a Value of $935,710 for FY 2018/2019, and an Estimated Total Contract Value of $5,852,420 Over the Six Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. Page 7 G21. Consideration to Approve the Renewal of Contract No. 17-143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance with a Value of $821,480 for FY 2018/2019, 612 and an Estimated Total Contract Value of $5,121,310 over the Six Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G22. Consideration to Approve the Renewal of Contract No. 16-114 with Emcor Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services, with a Value of $392,630 For FY 629 2018/2019, and an Estimated Total Contract Value of $1,622,380 Over the Four Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G23. Consideration to Approve the Renewal of Contract No. 17-141 with Commercial Cleaning Systems for Citywide Janitorial Services, with a Value of $780,000 For FY 2018/2019, and an 634 Estimated Total Contract Value of $5,685,990 Over the Six Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G24. Consideration to Approve the Renewal of Contract No. 15-103 with Siemens Industry, Inc. for Citywide Traffic Signal and Safety Lighting Maintenance Services; Approve an Additional 639 Appropriation of $55,000 for Pending Work, with a Total Value of $1,038,400 For FY 2018/2019, and an Estimated Total Contract Value of $2,061,140 Over the Two Years Remaining on the Contract; and, Authorize the City Manager to Renew the Contract Annually. G25. Consideration to Approve a Month to Month Extension of Contract No. 08-162 with United Pacific 649 Services for Citywide Tree Maintenance Services in an Amount not to Exceed $650,000. G26. Consideration of a Five -Year Support and Maintenance Agreement for HDL Software, LLC., in the 654 Total Amount of $70,000 for the Business Licensing Platform. G27. Consideration for Approval of an Award to Taborda Solutions, Inc. for the Purchase of VMware 655 Software Maintenance and Subscription Renewal in the Amount of $67,456. G28. 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 656 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 2018/19; and Setting the Time and Place for a Public Hearing Thereon. RESOLUTION NO. 18-051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS 1098 PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2,3A, 313, 4-R, 5,6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2018/19 RESOLUTION NO. 18-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PRELIMINARY ANNUAL ENGINEER'S REPORTS FOR THE 1100 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 2018/19 RESOLUTION NO. 18-053 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND 1102 COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018/19 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, AND SETTING ATIMEAND PLACE FORAPUBLIC HEARING THEREON RESOLUTION NO. 18-054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS 1107 PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR Page 8 THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8, INCLUSIVE, FOR FISCAL YEAR 2018/19 RESOLUTION NO. 18-055 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 1109 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 2018/19 RESOLUTION NO. 18-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND 1111 COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018/19 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 RESOLUTION NO. 18-057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER'S REPORT 1115 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 2018/19 RESOLUTION NO. 18-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 1117 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 2018/19 RESOLUTION NO. 18-059 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND 1119 COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2018/19 WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD -85 AND SETTING ATIME AND PLACE FOR A PUBLIC HEARING THEREON G29. Report in Conformance with California Government Code 65858 on Measures Taken to Alleviate the Need for Interim Ordinance No. 932, a 45 -Day Moratorium on the Development of New or 1122 Expansion of Existing Car Washes. H1. Second Reading and Adoption of Ordinance No. 933 Approving the Fourth Amendment to the Development Agreement DA01-02 between the City of Rancho Cucamonga, Rancho Mall, LLC and Rancho Mall NE, LLC to Facilitate the Development of a Future Parking Lot and/or Parking Structure and a Police Substation at the northeast corner of Arbor Drive and Cultural Center Drive. ORDINANCE NO. 933 Iii §M:3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT 01-02, BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, 1129 LLC, AND RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT 5.33 ACRE PARCEL (APN: 109053106) AND TO INCORPORATE GENERAL PLAN AMENDMENT DRC2017-00969 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR THE Page 9 DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST H2. Second Reading and Adoption of Ordinance No. 930, Amending Title 17 of the Municipal Code to 1159 Revise Sign Regulations for Public Property. ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE 1160 REGARDING SIGNS ON PUBLIC PROPERTYAND PUBLIC RIGHT OF WAY J1. Consideration of a Resolution Adopting the Fire District General Fund Final Budget for Fiscal Year 2018/19. 1166 RESOLUTION NO. FD 18-011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF 1168 CALIFORNIA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 J2. Consideration of Development Agreement DRC2015-00118 - A proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp. and 1169 Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs: 0209-272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015- 00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. An Environmental Impact Report (EIR) (SCH No. 20150410083) and Mitigation Monitoring Reporting Program (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified E I R or for subsequent projects within the scope of a prior EI R. The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Empire Lakes/The Resort and does not raise or create new environmental impacts that were not previously contemplated in the E I R. ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2015-00118, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES 1232 HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20,0210-082-91, THROUGH 93. Page 10 L1. Consideration of the Public Works Subcommittee's Recommendation Regarding Appointments to 1285 the West -Side Districts Citizens' Oversight Committee. L2. COUNCILANNOUCEMENTS (Comments to be limited to three minutes per Council Member.) L3. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) 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 at least Seventy -Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 11 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF MEETING MINUTES: REGULAR MEETING OF MAY 2, 2018; MAY 16, 2018 (REGULAR & SPECIAL); JUNE 6, 2018; AND SPECIAL MEETING OF JUNE 21, 2018. RECOMMENDATION: Staff recommends approval of the May 2, 2018; May 16, 2018; June 6, 2018 Meeting Minutes for the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council and June 21, 2018 Special Meeting Minutes of the Fire Protection District and City Council. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - May 2, 2018 Minutes Attachment 2 - May 16, 2018 Minutes Attachment 3 - May 16, 2018 Special Minutes Attachment 4 - June 6, 2018 Minutes Attachment 5 - June 21, 2018 Special Minutes Page 12 May 2, 2018 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, May 2, 2018 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, and Mayor Pro Tem Lynne Kennedy. Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; and Matt Burris Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9591 SAN BERNARDINO ROAD; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MARTIN ZVIRBULIS, GENERAL MANAGER/CHIEF EXECUTIVE OFFICER, CUCAMONGA VALLEY WATER DISTRICT; REGARDING PRICE AND TERMS. — CITY D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD AS PARCEL NUMBERS 1089-031-360000; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL REPRESENTING DAY CREEK SENIOR HOUSING PARTNERS, LP; REGARDING PRICE AND TERMS. — CITY May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 8 Page 13 D3. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. — CITY D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229- 012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DAN DE LA PAZ, REPRESENTING THE PROPERTY OWNER; REGARDING PRICE AND TERMS. — CITY D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5917 ARCHIBALD AVENUE; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LINDA J.L. MARIE WALKER AND JOSEPH A. WALKER, OWNERS; REGARDING PRICE AND TERMS. - CITY D6. 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 The closed session recessed at 6:00 p.m. 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 May 2, 2018 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. Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Linda A. Troyan, City Clerk Services Director. Al. Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. Mayor Pro Tem Kennedy and Members of the City Council along with Michael Solorza, Government Finance Officers Association's (GFOA) representative presented the GFOA Distinguished Budget Award to Finance Department staff: Tamara Layne, Finance Director; Carolina Cruz -Contreras, Senior Accountant; Rose Column, Budget Analyst; and Tanya Trieu-Bui, Management Aide. May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 8 Page 14 A2. Presentation of a Proclamation declaring the month of May 2018 as "Pediatric Stroke Awareness Month". Mayor Pro Tem Kennedy and Members of the City Council presented a Proclamation to Pediatric Stroke Awareness representatives: Bradley Fox, Pediatric Stroke Survivor and Nina Mule, Parent declaring the month of May 2018 as "Pediatric Stroke Awareness Month". Albert Estrada, 10 Year City Employee, spoke about city employees having pride in their work for the City and asked the City Council for their support. (City employees in the audience stood as he spoke) Janet Walton announced the National Day of Prayer and offered a prayer. David Espinoza asked the Mayor and City Council to support employee salary increases and benefits. Tizoc Arenas, Teamsters, spoke about recent employee negotiations and proposals. Steve Cadena, Teamsters, spoke on the bargaining negotiations and asked the City Council for their support. Jim Frost spoke on an incident that occurred to a family member and thanked the City and Fire Department. C1. Consideration to Approve Bi -Weekly Payroll in the Amount of $619,038.33 and Weekly Check Registers in the Amount of $659,236.71 Dated April 10, 2018 Through April 23, 2018 C2. Consideration to Approve Amended Fiscal Year 2017/18 Appropriations. MOTION: Moved by Board Member Spagnolo, seconded by Board Member Alexander, to approve Consent Calendar Item C1 and C2. Motion carried, 4-0-1; Mayor Michael, Absent. None. None. May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 8 Page 15 None. G1. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,117,147.67 and Weekly Check Registers in the Amount of $2,747,453.68 Dated April 10, 2018 Through April 23, 2018. G2. Consideration to Approve Amended Fiscal Year 2017/18 Appropriations and a Resolution Approving the Updated Rancho Cucamonga City Employees Association (RCCEA) Salary Table. RESOLUTION NO. 18-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN UPDATED RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION SALARYSCHEDULE FOR FISCAL YEAR 2017/18 G3. Consideration of a request to summarily vacate two storm drain easements on the south side of Feron Avenue lying approximately 260 feet west of Industrial Lane along the southerly and easterly portions of APN 0209-032-29-0000. RESOLUTION NO. 18-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF TWO STORM DRAIN EASEMENTS ON THE SOUTH SIDE OF FERON AVENUE LYING APPROXIMATELY 260 FEET WEST OF INDUSTRIAL LANE ALONG THE SOUTHERLY AND EASTERLY PORTIONS OF APN 0209-032-29-0000 G4. Consideration of the Final Map of Parcel Map No. 19683 Located on the Northeast Corner of 6th Street and Center Avenue, an Improvement Agreement and Improvement Security, and the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 submitted by 6th and Center, LLC. RESOLUTION NO. 18-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FORPROJECT CASE NO. SUBTPM19683 RESOLUTION NO. 18-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PROJECT CASE NO. SUBTPM19683 May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 8 Page 16 RESOLUTION NO. 18-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR PROJECT CASE NO. SUBTPM19683 G5. Consideration of the Final Maps for Parcel Map No. 19762 and Tract No. 20032 Located at the Southwest Corner of Base Line Road and Day Creek Boulevard, an Improvement Agreement, Improvement Securities, a Monumentation Cash Deposit, and the Annexation to Landscape Maintenance District No. 2 and Street Light Maintenance District Nos. 1 and 3 submitted by Western Pacific Housing, Inc., a Delaware Corporation. RESOLUTION NO. 18-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE MAINTENANCE DISTRICT (LMD 2) FOR PARCEL MAP NO. 19762 RESOLUTION NO. 18-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP NO. 19762 RESOLUTION NO. 18-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) FOR PARCEL MAP NO. 19762 G6. Consideration of an Improvement Agreement and Improvement Security for The Resort Parkway Storm Drain Improvements Related to the Development of Tract No. 20073 on the North Side of 4th Street Between Milliken Avenue and Cleveland Avenue Submitted by SC Rancho Development Corp. G7. Consideration of Resolution Supporting the Reducing Crime and Keeping California Safe Act of 2018. RESOLUTION NO. 18-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018. MOTION: Moved by Council Member Williams, seconded by Council Member Alexander, to approve Consent Calendar Items G1 through G7. Motion carried, 4-0-1; Mayor Michael, Absent. **DRAFT** May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 8 Page 17 None. None. J1. Public Hearing and First Reading of an Ordinance Amending Title 17 of the Municipal Code to Enact Requirements and Standards for the Development of Wireless Communication Facilities Within the Public Right of Way. ORDINANCE NO. 929 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO ENACT REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF WIRELESS COMMUNICATION FACILITIES WITHIN THE PUBLIC RIGHT OF WAY, AND MAKING FINDINGS IN SUPPORT THEREOF City Manager Gillison introduced the Ordinance and Jennifer Nakamura, Associate Planner, who gave the Staff Report. Discussion ensued on renting space to wireless carriers and lease agreements requirements. Mayor Pro Tem Kennedy opened the Public Hearing item. There were no public communications made. Mayor Pro Tem Kennedy closed the Public Hearing item. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Alexander, to introduce First Reading of Ordinance No. 929, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 929. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Alexander, to introduce First Reading of Ordinance No. 929, by title only and waive further reading. Motion carried, 4-0-1; Mayor Michael, Absent. J2. Public Hearing on the Formation of the North Etiwanda Community Facilities District No. 2017-01 of the City of Rancho Cucamonga (Richland Communities) and Approve the Formation; Conduct an Election of the Qualified Voters and Declare the Results of the Election; and Introduce an Ordinance to Levy a Special Tax. **DRAFT** May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 8 Page 18 RESOLUTION NO. 18-029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA, ESTABLISHING SUCH COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 18-030 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. 928 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT John Gillison, City Manager introduced Noah Daniels, Finance Manager and Mrunal Shah, Best, Best & Krieger Attorneys at Law, who provided a report and initiated the North Etiwanda Community Facilities District election process. Mayor Pro Tem Kennedy opened the continued Public Hearing. There were no public communications. Mayor Pro Tem Kennedy closed the Public Hearing. Bond Counsel Shah asked City Clerk Services Director Troyan whether there is a majority protest of landowners. City Clerk Services Director Troyan responded no protests were received. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to adopt Resolution No. 18-029. Motion carried, 4-0-1; Mayor Michael, Absent. City Clerk Services Director reported the results of the election: Number of Ballots Received: 2; All Propositions have been approved according to the ballots. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Williams, to adopt Resolution No. 18-030. Motion carried, 4-0-1; Mayor Michael, Absent. MOTION: Moved by Council Member Alexander, seconded by Council Member Spagnolo, to introduce First Reading of Ordinance No. 928, Authorizing the Levy of Special Taxes, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 928. VOTES NOW CAST ON MOTION: Moved by Council Member Alexander, seconded by Council Member Spagnolo, to introduce Ordinance No. 928, Authorizing the Levy of Special Taxes, by title only and waive further reading. Motion carried, 4-0-1; Mayor Michael, Absent. **DRAFT** May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 8 Page 19 J3. Public Hearing on Adoption of The Federally Required FY 2018/2019 Community Development Block Grant (CDBG) Annual Action Plan. This Item Will Not be Heard at This Time and Will Be Readvertised at a Later Date. Mayor Pro Tem Kennedy opened the Public Hearing item and announced that the item will not be heard at this time and will be readvertised at a later date. Mayor Pro Tem Kennedy closed the Public Hearing. None. L1. 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 San Bernardino County Transportation Authority meeting that morning regarding the budget. Council Member Spagnolo reported that the OmniTrans Board of Directors met that morning and adopted the 2019 Service Plan regarding the delivery of Public Transportation Service which will maintain existing fares and services. L2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander thanked the Fire Department for their service and recognized pediatric stroke survivors. Mayor Pro Tem Kennedy acknowledged students in attendance at the meeting. None. Mayor Michael adjourned the meeting at 7:53 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: *************** **DRAFT** May 2, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 8 Page 20 May 16, 2018 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, May 16, 2018 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 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; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; and Matt Burris Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9591 SAN BERNARDINO ROAD; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MARTIN ZVIRBULIS, GENERAL MANAGER/CHIEF EXECUTIVE OFFICER, CUCAMONGA VALLEY WATER DISTRICT; REGARDING PRICE AND TERMS. — CITY D2. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. — CITY May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 8 Page 21 D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229- 012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DAN DE LA PAZ, REPRESENTING THE PROPERTY OWNER; REGARDING PRICE AND TERMS. — CITY D4. 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 D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTH WEST CORNER OF HELLMAN AVENUE AND RANCHO STREET AS PARCEL NUMBERS 1061- 621-30-000; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JENNIFER GOODELL, REAL PROPERTY AGENT SAN BERNARDINO COUNTY; REGARDING PRICE AND TERMS. — CITY The closed session recessed at 6:00 p.m. 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 May 16, 2018 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; Linda A. Troyan, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. Al. Presentation of a Proclamation Declaring the Month of May 2018 as "Mental Health Month". Mayor Michael and Members of the City Council presented a Proclamation to Joanna Marrufo, Healthy RC Management Aide; Healthy RC Community Champions; Healthy RC Mental Health Subcommittee; and Healthy RC Youth Leaders declaring the month of May 2018 as "Mental Health Month". Healthy RC Management Aide Marrufo announced a Mental Health Resource Fair taking place on Tuesday, May 22 at 5:30 p.m. at Central Park. May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 8 Page 22 A2. Presentation of a Proclamation to the Cucamonga Valley Water District, Declaring the Month of May 2018 as "Save Our Water Month". Mayor Michael and Members of the City Council presented a Proclamation to James Curatalo Jr., President of the Board of Directors of the Cucamonga Valley Water District, declaring the Month of May 2018 as "Save Our Water Month". A3. Presentation of a Proclamation to the YMCA, Declaring the Month of May as "Water Safety Month" along with a Water Safety/ Drowning Prevention Presentation by the Rancho Cucamonga Fire District. Kelly Donaldson, Community Affairs Coordinator, RC Fire District, led a PowerPoint presentation about Water Safety. Mayor Michael and Members of the City Council along with Kelly Donaldson, Community Affairs Coordinator, RC Fire District, presented a Proclamation to Tim Walborn, YMCA of Upland, declaring the Month of May as "Water Safety Month". Larry Henderson, on behalf of the Alta Loma Riding Club, spoke on the North Eastern Sphere Annexation Proposal and the staff report provided under item K1. Luana Hernandez expressed concern with the Planning Commission on preserving a historical home at 5917 Archibald. Janet Walton offered a prayer and thanked Council for their support on the National Day of Prayer Natasha Walton spoke on the North Eastern Sphere Annexation Proposal and asked the City Council to consider various alternatives and having open space for the area; and promoted living a healthy life style. Mark Rush spoke on the North Eastern Sphere Annexation Proposal; expressed concern with low density housing in that area due to potential negative impacts. City Manager Gillison addressed Ms. Hernandez concerns and asked the City Engineer to clarify the deadline and process with Ms. Hernandez. C1. Consideration of Meeting Minutes: Regular Meeting of April 4, 2018. C2. Consideration to Approve Bi -Weekly Payroll in the Amount of $597,229.20 and Weekly Check Registers in the Amount of $1,005,357.83 Dated April 24, 2018 Through May 7, 2018. C3. Consideration to Receive and File Current Investment Schedule As of April 30, 2018. C4. Consideration for Approval to Utilize The National Association of State Procurement Officials (NASPO) Valuepoint Cooperative Agreement for Computer Related Procurements. MOTION: Moved by Board Member Spagnolo, seconded by Board Member Alexander, to approve Consent Calendar Items C1 through C4. Motion carried unanimously, 5-0. May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 8 Page 23 D1. Consideration of Meeting Minutes: Regular Meeting of April 4, 2018. MOTION: Moved by Vice -Chair Kennedy, seconded by Agency Member Williams, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. E1. Consideration of Meeting Minutes: Regular Meeting of April 4, 2018. MOTION: Moved by Agency Member Williams, seconded by Agency Member Alexander, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F1. Consideration of Meeting Minutes: Regular Meeting of April 4, 2018. MOTION: Moved by Vice -Chair Kennedy, seconded by Agency Member Spagnolo, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G1. Consideration of Meeting Minutes: Regular Meeting of April 4, 2018. G2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,169,674.93 and Weekly Check Registers in the Amount of $6,061,659.47 Dated April 24, 2018 Through May 7, 2018. G3. Consideration to Receive and File Current Investment Schedule As of April 30, 2018. G4. Consideration to Approve the Purchase of One (1) Traffic Sign Truck in the Amount of $165,975. G5. Consideration to Award a Contract to Mariposa Landscapes for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians. G6. Consideration to Reject Bids for the "FY 17/18 Parks Painting Project" as Non -Responsive to the Needs of the City. G7. Consideration of a Contract with Vido Samarzich, Inc., in an Amount of $968,678, plus a 10% Contingency for the Fiscal Year 2017/18 ADA Access Ramp Improvements at Various Locations Project. G8. Consideration of a Small Cell License Agreement with Mobilitie, LLC for the Placement of Small Cell Infrastructure on City -Owned Poles. G9. Consideration for Approval to Utilize the National Association of State Procurement Officials (NASPO) Valuepoint Cooperative Agreement for Computer Related Procurements. G10. Consideration of an Appropriation of Funds in the Amount of $3,000 from the CA Recycling/Litter Grant (Fund 225) for Costs Associated with Increasing Beverage Container Opportunities. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve Consent Calendar Items G1 through G10. Motion carried unanimously, 5-0. May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 8 Page 24 H1. Second Reading and Adoption of Ordinance No. 928 Authorizing the Levy of a Special Tax Commencing in Fiscal Year 2018/19 and Each Ensuing Fiscal Year Solely Within and Relating to North Etiwanda Community Facilities District No. 2017-01 of the City of Rancho Cucamonga. ORDINANCE NO. 928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT H2. Second Reading and Adoption of Ordinance No. 929, Amending Title 17 of the Municipal Code to Enact Requirements and Standards for the Development of Wireless Communication Facilities Within the Public Right of Way. ORDINANCE NO. 929 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO ENACT REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF WIRELESS COMMUNICATION FACILITIES WITHIN THE PUBLIC RIGHT OF WAY, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to adopt Ordinance No. 928 and 929, by title only. City Council recessed at 7:46 p.m. due to an occurrence in the audience. City Council reconvened at 7:50 p.m. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 928 and 929. VOTES NOW CAST ON MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to adopt Ordinance No. 928 and 929, by title only. Motion carried unanimously, 5-0. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve moving item K1 forward on the agenda. Motion carried unanimously, 5-0. K1. Update on the North Eastern Sphere Annexation Proposal (NESAP) City Manager Gillison introduced Matt Burris, Deputy City Manager, who provided an update on the North Eastern Sphere Annexation Proposal (NESAP), and reviewed planning efforts; community engagement and participation; open space preservation cost estimates; neighborhood possibilities; housing type possibilities and the three options presented in the staff report: 1.) to discontinue the annexation proposal, 2.) annex the area and keep as open space or 3.) Annex the NESAP with a Community -Based Plan. Deputy City Manager Burris clarified that staff is looking to receive direction for a plan and recommended increasing communication efforts with the neighborhoods. May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 8 Page 25 Discussion ensued on open space; funds for equestrian facilities; open space preservation; and estimates and costs for the various options. Council Member Alexander expressed support for open space. Council Member Williams would like to see a plan that is seamless, that has nature and is neighborhood commercial and would like to receive more community input. Mayor Pro Tem Kennedy requested the PowerPoint be made available on the website and would like to increase the communication efforts. Discussion ensued on costs to maintain an infrastructure model and various factors to look at to analyze proposals; communication efforts at workshop meetings; feedback received on survey and meetings; demographics on participants at workshops and participation rates. Mayor Michael thanked staff for their efforts and expressed support for local control. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Williams, to direct staff to proceed with Option No. 3 to Annex the NESAP with a Community -Based Plan and proceed with community engagement. Motion carried unanimously, 5-0. None. J1. Consideration of a Resolution for Placement of Special Assessments and Liens for Delinquent Solid Waste Accounts. RESOLUTION NO. 18-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF DELINQUENT CHARGES FROM BURRTEC WASTE INDUSTRIES, INC. FOR SOLID WASTE COLLECTION, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ATTHE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTYAD VALOREM PROPERTY TAXES John Gillison, City Manager, introduced Linda Ceballos, Environmental Program Manager, who gave the Staff Report and reported that the City received written protest letters by Lowell Dean Cox, Michael Totten and Lolita A. Sy. Discussion ensued on the senior discount awareness/notifications, self -haul service, and providing notification to property owners on non-payment of trash service. Mayor Michael opened the Public Hearing item. Darlene Tate spoke on the non-payment for trash bills by her tenants and is opposed placing a lien on the property. Mayor Michael closed the Public Hearing item. May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 8 Page 26 MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to adopt Resolution No. 18-031 for Placement of Special Assessments and Liens for Delinquent Solid Waste Accounts. Motion carried unanimously, 5-0. J2. Consideration of a Resolution for the Placement of Special Assessments and Liens for Costs of Nuisance Abatement on Private Property. RESOLUTION NO. 18-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF UNPAID NUISANCE ABATEMENTS ON PRIVATE PROPERTY, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY TAXES John Gillison, City Manager, introduced Jana Cook, Community Improvement Manager, who gave the Staff Report. Mayor Michael opened the Public Hearing item. There were no public communications made. Mayor Michael closed the Public Hearing item. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to adopt Resolution No. 18-032, for Placement of Special Assessments and Liens for Costs of Nuisance Abatement on Private Property. Motion carried unanimously, 5-0. J3. First Reading and Introduction of Ordinance No. 930, Amending Title 17 of the Municipal Code to Revise Sign Regulations for Public Property. Mayor Michael opened the Public Hearing item. MOTION: Moved by Council Member Williams, seconded by Council Member Alexander, to continue Public Hearing to June 6, 2018 at 7:00 p.m. City Council meeting to take place in the Council Chambers at City Hall. Motion carried unanimously, 5-0. L1. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams reported her attendance at two Local Agency Formation Commission meetings regarding the Executive Director position and the City of Hesperia's Sphere of Influence for Fire Services. L2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) None. None. **DRAFT** May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 8 Page 27 Mayor Michael adjourned the meeting at 9:31 p.m. Approved: *************** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** May 16, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 8 Page 28 May 16, 2018 CITY OF RANCHO CUCAMONGA SPECIAL CITY COUNCIL MEETING MINUTES The City of Rancho Cucamonga City Council held a special meeting on Wednesday, May 16, 2018 in the Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 6:00 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; James L. Markman, City Attorney; and Linda A. Troyan, City Clerk Services Director. Council Member Williams led the Pledge of Allegiance. B1. Presentation of Certificates of Recognition to Rancho Cucamonga Pop Warner Football and Cheer and City of Rancho Cucamonga Basketball Champions. 1. Pop Warner D2 Pee Wee Jaguars - Mt. Baldy Conference Champions 2. Pop Warner D2 Jr. Pee Wee Cougars - Wescon Regional Champions 3. Pop Warner D2 Varsity Panthers - Mt. Baldy Conference Champions 4. Pop Warner D3 Mitey-Mite Eagles - Wescon Regional Champions 5. Pop Warner Pee Wee Jaguars Cheer - 1st place in Wescon Cheer competition, 7th place in Nationals 6. Rancho Cucamonga Youth Basketball League - Boys Division C - Southern California Municipal Athletic Federation, Tournament of League Championship Qualifier Tournament Champion, C Division 7. Rancho Cucamonga Youth Basketball League - Boys Division B - Southern California Municipal Athletic Federation, Tournament of League Championship Qualifier Tournament Champion, B Division Mayor Michael and Members of the City Council along with Kevin Potts, President of Rancho Cucamonga Pop Warner, presented Certificates of Recognition to Rancho Cucamonga Pop Warner Football and Cheer teams: Pop Warner D2 Pee Wee Jaguars - Mt. Baldy Conference Champions: Kalil Barnes, Maxson Biby, Terrell Bradshaw, Amaurey Brooks, Michael Broy, Ryan Chavez, Matthew Colada, Giovanni Correa, Andrew, Everett -Santiago, Brian Fitz, Tayden Handley, Kannan Harrington, Ryan Heard, Keion Limbrick, Roman Linares, Aizik Llamas, Anthony Lopez, Dakota Mendoza, Andrew Moya, Nathan Munoz, Matthew Natividad, Nikolas Papatsos, Matthew Petersen, Lorenzo Ruiz, Maxy Schwieters, Evan Sheridan, Patrick Thomas III, Luis Tobar Jr., Jared Valenzuela, Jacob Valladarez, Nathan Zubia Marquez COACHING STAFF: Larry Chappell — Head Coach, Val Garrett - Assistant Coach, Jerry Guzman — Assistant Coach, Rodney Hernandez — Assistant Coach, Enrique Rangel — Assistant Coach, Joe Silva — Assistant Coach, Darrick Ragsdale — Trainer, Daniela Guzman — Team Parent, Jermelle Chappell — Equipment; Pop Warner D2 Jr. Pee Wee Cougars - Wescon Regional Champions: Dylan Archibald, Amare Campbell, Lucas Chapman, Jayden Clignett, Hugo Duran Jr., Jayshawn Evans, Brady Frazier, Jaden Landrum, Justin Lewis, Ethan Lorenz, Maddox Luna, Daniel Mielke II, Noah Mikhail, Halen Munoz, Mason Overacker, Ethan Palma, Yanick Parker, Jose Silva V., Justin Stansbury, James Strong III, Sabastian Tobias, Jakhi Turner, Trenton Vandervort, COACHING STAFF: Danny Williams — Head Coach, William Alexander — Assistant Coach, DRAFT May 16, 2018 1 Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 2 Page 29 Matt Constuble — Assistant Coach, James Crawford — Assistant Coach, Michael Parada — Assistant Coach, Ben Constuble — Coach Trainee, Alondra Trento — Trainer, Melissa Dunkin — Team Parent, Francisco Chavez — Equipment; Pop Warner D2 Varsity Panthers - Mt. Baldy Conference Champions; Pop Warner D2 Varsity Panthers - Mt. Baldy Conference Champions: Benjamin Austin III, Justin Bellamy, Xander Carrera, Santiago Cerda, Franciso Chavez Jr., Joshua Ray Clavecillas, Andrew Jacob Colada, Traytons Cooper, Cody Crawford, Anthony DeLoach, Jacob Garrison, Colin Gnaster, Fernando Martinez Jr., Joel Navar, Noa Navarro, Jacob Padilla, Jose Pahua, Jose Silva V., Justin Stansbury, James Strong III, Sabastian Tobias, Jakhi Turner, Trenton Vandervort, COACHING STAFF: Danny Williams — Head Coach William Alexander — Assistant Coach, Matt Constuble — Assistant Coach, James Crawford — Assistant Coach, Michael Parada — Assistant Coach, Ben Constuble — Coach Trainee, Alondra Trento — Trainer, Melissa Dunkin — Team Parent, Francisco Chavez — Equipment; Pop Warner D3 Mitey-Mite Eagles - Wescon Regional Champions: Corbin Allred, Aaven Bishop, Luke Chappell, Richard Duran IV., Jalen Gallegos, Kaidyn Garrett, Logan Guzman, Izaiah Hernandez, Joaquin Johnson, Zander Lewis, Aiden Lira, Jordan Lopez, Evan Ramos, Ryan Ramos, Champ Rangel, Damian Rojas, Raymond Rubio, Darreen Shivers Li, Jose Silva V., Justin Stansbury, James Strong III, Sabastian Tobias, Jakhi Turner, Trenton Vandervort, COACHING STAFF: Larry Chappell — Head Coach, Val Garrett - Assistant Coach, Jerry Guzman — Assistant Coach, Rodney Hernandez — Assistant Coach, Enrique Rangel — Assistant Coach, Joe Silva — Assistant Coach, Darrick Ragsdale — Trainer, Daniela Guzman — Team Parent, Jermelle Chappell — Equipment; Pop Warner Pee Wee Jaguars Cheer - 1st place in Wescon Cheer competition, 7th place in Nationals: Melissa Alford, Kennedy Barba, Lauren Barba, Hannah Cahill, Alexa Covarrubias, Yasmeen Cue, Hailey Moya, Madelyn Papatsos, Jade Paredes, Jolie Parker, Kennedy Rose, Kaydence Walker, COACHING STAFF: Elizabeth Taylor — Head Coach, Loretta Atkins — Assistant Coach, Tiffanee Roberts — Assistant Coach, Jordyn Taylor — Assistant Coach, Mackenzie Atkins — Student Demo, Annabel Lopez — Coordinator; Rancho Cucamonga Youth Basketball League - Boys Division C - Southern California Municipal Athletic Federation, Tournament of League Championship Qualifier Tournament Champion, C Division: Jonathan Azer, Anthony Farve, Ayden Ford, Isaiah Ford, Joshua Haynes, Dylan Johnson, Joseph Mariles, Jason Ramos, Mason Salaza, COACHING STAFF: Joseph Mariles — Head Coach, Ondra Ford — Assistant Coach; Rancho Cucamonga Youth Basketball League - Boys Division B - Southern California Municipal Athletic Federation, Tournament of League Championship Qualifier Tournament Champion, B Division: Jony Bernal, Evan Campbell, Aiden Chavez, Kenyon Humphrey, Kyle Humphrey, Anthony Johnson , Drayven Woodard, COACHING STAFF: Ryan Chavez — Head Coach, Emitt Campbell — Assistant Coach B2. Recognition of the Alta Loma Christian School STEM Students for their Scientific Accomplishments. Mayor Michael and Members of the City Council along with Dr. Vance Nichols, Alta Loma Christian School, Head of School & ISS Program Administrator and Space Eagles STEM ISS Space Science and Engineering Team presented Certificates to the Alta Loma Christian School STEM Students: Jeff Kotz , Evan Metzinger, Simon Nasser, Samuel Bement, Ishan Saxena, Tyler Beaty, Michelle Lightfoot, Sai Kommireddy, Vincent Badiola, Matthew Dahabreh, Sammy Dahabreh, Francisco Lopez, Xander Heseltine, Madeleine Chang, Ivana Darmawan, Hunter Keeler, Ryan Ramos, Amelia Santellan, Ishan Saxena, Brian Shafer, Jaspreet Singh, Nathan Wu, Zia Yi and Teachers and Team Administrators for their Scientific Accomplishments. B3. PUBLIC COMMUNICATION ON ITEM LISTED ON THE SPECIAL MEETING AGENDA. No public communications were made. Mayor Michael adjourned the meeting at 6:58 p.m. Approved: *********************** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director DRAFT May 16, 2018 1 Special Meeting Minutes City of Rancho Cucamonga I Page 2 of 2 Page 30 June 6, 2018 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, June 6, 2018 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 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; Nick Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; and Matt Burris Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9591 SAN BERNARDINO ROAD; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MARTIN ZVIRBULIS, GENERAL MANAGER/CHIEF EXECUTIVE OFFICER, CUCAMONGA VALLEY WATER DISTRICT; REGARDING PRICE AND TERMS. — CITY D2. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. — CITY D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229- 012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 9 Page 31 CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DAN DE LA PAZ, REPRESENTING THE PROPERTY OWNER; REGARDING PRICE AND TERMS. — CITY D4. 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 D5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) — CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH; CITATION AND NOTIFICATION OF PENALTY, CSHO ID H2O40, INSPECTION #1281145. - CITY The closed session recessed at 6:00 p.m. 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 6, 2018 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; Nick Ghirelli, Assistant City Attorney; Linda A. Troyan, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. Al. Presentation of Life Saving Citations for Bystander CPR by the Rancho Cucamonga Fire Protection District. Mayor Michael, Members of the City Council along with Fire Department Representatives: Kelly Donaldson, Community Affairs Coordinator, Sandy Griffin, EMS Administrator, and Eric Noreen, Deputy Fire Chief presented Certificates of Recognition to Bystander Lifesaving Citation Recipients Sereria Wayne, Lizeth Jacoba, Melissa Juarez, Brett Dickerson, and Dustin Griffin for their outstanding contributions to lifesaving incidents in the City. Kelly Donaldson, Community Affairs Coordinator, promoted a new phone application called "Pulse Point App" aimed to notify CPR trained individuals of incidents occurring near their location. A2. Presentation of the 45thAnnual We -Tip National Conference "Mayor of the Year" Award. Donny Mahoney, Chief of Police, presented the "Mayor of the Year" award to Mayor Michael on behalf of the WeTip Organization recognizing his contributions to the community and the organization. June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 9 Page 32 Christine D. Jeffrey, expressed concerns with the North Eastern Sphere Annexation process, vision for the project and community input. Stanton Lewis asked the City to address a signage problem due to traffic on Day Creek south of the 210 Freeway and Highland Avenue; a traffic problem occurring on Banyan and Day Creek due to lack of lanes to handle the traffic during school times, and spoke on not receiving a public notice for a recent development. Mr. Lewis inquired on when residents will be informed on costs associated with Closed Session items D1 through D5 and spoke on items C2, G2, J1, G6, G8 and G17. Janet Walton offered a prayer. C1. Consideration of Meeting Minutes: Special Meeting of April 17, 2018. C2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,159,428.63 and Weekly Check Registers in the Amount of $959,803.90 Dated May 08, 2018 Through May 28, 2018 and Electronic Debit Register for the Month of April 2018 in the Amount of $585,670.64. C3. Consideration of a Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire Protection in the Amount of $39,492. RESOLUTION NO. FD 18-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING THE LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR SERVICES FROM JULY 1, 2018 TO JUNE 30, 2019 C4. Consideration for the Approval of a Four Year Agreement for Maintenance, Support and Cloud - Hosting of the City's Land Management Software Platform with Accela, Inc. in the Total Amount of $784,157; Funded in the Amount of $588,118 from the City General Fund and $196,039 from the Fire District Fire Fund; and Authorize an Additional Appropriation to Pay for the First Year of the Agreement. MOTION: Moved by Board Member Alexander, seconded by Board Member Williams, to approve Consent Calendar Items C1. through C4. Motion carried unanimously, 5-0. D1. Consideration of Meeting Minutes: Special Meeting of April 17, 2018. MOTION: Moved by Agency Member Spagnolo, seconded by Vice -Chair Kennedy, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 9 Page 33 E1. Consideration of Meeting Minutes: Special Meeting of April 17, 2018. MOTION: Moved by Agency Member Williams, seconded by Vice -Chair Kennedy, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F1. Consideration of Meeting Minutes: Special Meeting of April 17, 2018. MOTION: Moved by Agency Member Alexander, seconded by Agency Member Williams, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G1. Consideration of Meeting Minutes: Special Meeting of April 17, 2018. G2. Consideration to Approve Bi -Weekly Payroll in the Amount of $2,270,070.51 and Weekly Check Registers in the Amount of $3,325,338.00 Dated May 08, 2018 Through May 28, 2018 and Electronic Debit Register for the Month of April 2018 in the Amount of $800,914.17. G3. Consideration for the approval of a Four -Year Agreement for Maintenance, Support and Cloud - Hosting of the City's Land Management Software Platform with Accela, Inc. in the Total Amount of $784,157; Funded in the Amount of $588,118 from the City General Fund and $196,039 from the Fire District Fire Fund; and Authorize An Additional Appropriation of Fire Funds Pay for the First Year of the Agreement. G4. Consideration of a Five Year Support and Maintenance Agreement for Chameleon Software to HLP Inc., in the Total Amount of $150,885 for the Animal Care Management Platform. G5. Consideration of a Contract with Wright Construction Engineering Corporation in an Amount of $296,571, plus a 10% contingency for the Detention Basin Improvements at Rancho Wash located on Hillside Road West of Buckthorn Avenue. G6. Consideration of a Contract with Calpromax Engineering Inc., in an Amount of $639,464, Plus a 10% Contingency, and an Appropriation in the Amount of $725,500 from the AB 2766 Air Quality Fund for the Pacific Electric Trail Safety Enhancements and Green Bike Lane Along Base Line Road, MSRC Contract No. ML14070 Project. G7. Consideration of a Street Frontage Reimbursement Agreement (SRA -65) for Construction of Public Street Improvements on the West Side of Wardman Bullock Road, from the Southerly Boundary of Tract 16324 to the Northerly Boundary of Tract 18741, Excluding Parcel Map 15550 Frontages (Approximately 1,500 Feet) in Conjunction with Development of Tract 16324, Submitted by Meritage Homes. June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 9 Page 34 G9. Consideration of Amendment No. 002 Authorizing an Increase to Professional Services Agreement with Tanko Streetlighting, Inc. in the Amount of $82,000. G10. Consideration of Amendment No. 001 Authorizing an Increase to the Professional Services Agreement with Tanko Streetlighting, Inc. in the Amount of $100,000 for Fiscal Year 2017/18, Authorizing the Renewal of the Professional Services Agreement for Fiscal Year 2018/19, and Authorizing an Increase to the Professional Services Agreement in the Amount of $60,000 for Fiscal Year 2018/19. G1 1. Consideration of an Agreement to Dedicate an Easement for Street and Related Purposes for the Extension of Santa Anita Avenue through the Edison Power Corridor, North of 6th Street, Submitted by Southern California Edison Company on Behalf of the Developer, CRP Oakmont Santa Anita, LLC. G12. Consideration of Parcel Map No. 19836; Associated Improvement Agreement, Improvement Securities, Monumentation Cash Deposit; and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2. RESOLUTION NO. 18-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. PM 19836 RESOLUTION NO. 18-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PROJECT CASE NO. PM 19836 RESOLUTION NO. 18-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR PROJECT CASE NO. PM 19836 G13. Consideration to Accept Public Improvements on the Northwest Corner of Day Creek Boulevard and Etiwanda Avenue for Tract 16226-2 as Complete, File the Notice of Completion and Authorize Release of Bonds. G14. Consideration of a Contract with R.J. Noble Company in an Amount of $740,550, Plus a 10% Contingency for the Fiscal Year 2017/18 Local Overlay Pavement Rehabilitation. G15. Consideration of a Contract with TSR Construction and Inspection in an Amount of $44,170, Plus a 10% Contingency for the McKinley Street Drainage Improvement Project located on McKinley Street West of Willow Drive. G16. Consideration of a Resolution Adopting the Amended Measure "I" Five -Year Capital Improvement Plan Covering Fiscal Years2017/2022. RESOLUTION NO. 18-037 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 2017/2022 FOR EXPENDITURE OF MEASURE "I" FUNDS June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 9 Page 35 G17. Consideration of the Addition of a Communications and Marketing Officer Job Classification and Approve a Resolution Adopting the Salary Schedule for RCCEA Covered Employees. RESOLUTION NO. 18-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING UPDATED RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION SALARY SCHEDULE FOR FISCAL YEAR 2017-18 G18. Consideration of Resolutions Pertaining to the November 6, 2018 General Municipal Election. RESOLUTION NO. 18-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2018, FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL LAW CITIES RESOLUTION NO. 18-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO THE PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATE STATEMENT FOR THE NOVEMBER 6, 2018 ELECTION G19. Consideration of a Project Study Report and Determination of Statutory Exemption for the Etiwanda Avenue Grade Separation Project Located Between Whittram Avenue and Napa Street. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G1 through G19 with the exception of item G8. Motion carried unanimously, 5-0. G8. Consideration to Reappropriate Funds in the Amount of $89,150 from the Measure I Fund for Fiscal Year 2017/18 Installation of Traffic Signal Video Detection at Fifteen Locations Project. Upon request by Council Member Williams, City Manager Gillison further explained the installation of new Traffic Signal Video Detection Cameras as the City replaces signals and repaves streets in an effort to improve technology and the safety of City streets. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G8. Motion carried unanimously, 5-0. **DRAFT** June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 9 Page 36 None. None. J1. Rancho Cucamonga City Council/Fire Protection District Joint Public Hearing to Consider New and Amended Fees for Various City Departments (Fire District, Finance, Library Services, Building and Safety, Engineering and Planning) and First Reading And Introduction of Ordinance No. 931. RESOLUTION NO. FD 18-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING, REVISING, AND UPDATING VARIOUS FEES ORDINANCE NO. 931 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO UPDATE THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER, PERMIT, FEE AND APPEAL REQUIREMENTS FOR TAXICAB SERVICES, SALES OF GOODS OR MERCHANDISE FROM VEHICLES AND CHARITABLE AND NONCHARITABLE SOLICITATION PERMITS AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 18-040 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES FOR SERVICES PERFORMED BY FINANCE, LIBRARY SERVICES, BUILDING AND SAFETY, ENGINEERING, AND PLANNING John Gillison, City Manager, introduced the item and Mike Frasure, Building and Safety Services Manager and Jennifer Nakamura, Associate Planner, who gave the Staff Report. Mayor Michael opened the Public Hearing item. Stanton Lewis inquired on why the notice was not on the website to inform residents. Jennifer Nakamura, Associate Planner, clarified that the notice was published twice in the local newspaper and the agenda and staff report was made available 72 hours before the meeting. Mayor Michael closed the Public Hearing item. **DRAFT** June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 9 Page 37 Council Member Alexander spoke on having more public participation and on having more information to evaluate the fees. Council Member Spagnolo recommended having a standard for fee increases and eliminating fees. Mayor Michael spoke on the importance of having a cost recovery fee structure. Associate Planner Nakamura clarified that the last time the City did a comprehensive fee study including Building, Planning and Engineering Departments was in 2012. MOTION: Moved by Agency Member/Council Member Williams, seconded by Vice-President/Mayor Pro Tem Kennedy, to approve Resolution No. FD 18-003 and Resolution No. 18-040. Motion carried 4-1, with Council Member Alexander opposed. MOTION: Moved by Vice-President/Mayor Pro Tem Kennedy, seconded by Agency Member/Council Member Williams, to introduce First Reading of Ordinance No. 931, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 931. VOTES NOW CAST ON MOTION: Moved by Vice-President/Mayor Pro Tem Kennedy, seconded by Agency Member/Council Member Williams, to introduce First Reading of Ordinance No. 931, by title only and waive further reading. Motion carried unanimously, 5-0. J2. First Reading and Introduction of Ordinance No. 930, Amending Title 17 of the Municipal Code to Revise Sign Regulations for Public Property. Mayor Michael announced that the item will be continued to the June 20, 2018 City Council Meeting. Mayor Michael opened the Public Hearing Item. There were no public communications received. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to continue the Public Hearing to June 20, 2018 at 7:00 p.m. City Council Meeting at the Council Chambers. Motion carried unanimously, 5-0. None. L1. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Spagnolo provided an update on a meeting he attended that morning for OmniTrans to review moving forward on eliminating the Joint Powers Authority (JPA) in an effort to eliminate liability. Mayor Michael reported that at the San Bernardino Transportation Authority Board Meeting that morning the Board approved the contract associated with the 1-10 Express Lane project for the first phase of the project. **DRAFT** June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 9 Page 38 L2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander requested an item that addresses the concerns occurring in the north end of the City where animals are being slaughtered for eating or distribution and can be seen publicly. City Manager Gillison recommended the Planning Department and Code Enforcement research other jurisdictions and their requirements; and informed that the item will be brought back to the Planning Commission and City Council for review. None. Mayor Michael adjourned the meeting at 8:00 p.m. in Memory of Military Members defending freedoms in remembrance of June 7, D -Day and the Invasion of Normandy. Approved: *************** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** June 6, 2018 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 9 Page 39 June 21, 2018 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES The City of Rancho Cucamonga City Council held a special meeting on Thursday, June 21, 2018 in the Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Council Member Alexander led the Pledge of Allegiance. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, and Mayor Pro Tem Lynne Kennedy and Mayor Michael. Also present were: John Gillison, City Manager and Linda A. Troyan, City Clerk Services Director. C1. Consideration to Approve the Following to be in Compliance with Governmental Accounting Standards Board (GASB) Statement No. 54: 1) Updated Fund Balance Policy and 2) a Resolution Committing to the Level of Fiscal Reserves for the Rancho Cucamonga Fire Protection District. RESOLUTION NO. FD 18-005 RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA COMMITTING TO THE LEVEL OF FISCAL RESERVES FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT C2. Consideration of Approval of Revisions to Amended Fiscal Year 2017/18 Appropriations. MOTION: Moved by Board Member Alexander, seconded by Vice -President Kennedy, to approve Consent Calendar C1 and C2. Motion carried unanimously, 5-0. D1. Consideration to Approve the Following to be in Compliance with Governmental Accounting Standards Board (GASB) Statement No. 54: 1) Updated Fund Balance Policy and 2) a Resolution Committing to the Level of Fiscal Reserves for the City of Ranch Cucamonga. RESOLUTION NO. 18-047 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMITTING TO THE LEVEL OF FISCAL RESERVES FOR THE CITY OF RANCHO CUCAMONGA Page 40 D2. Consideration to Approve Updated City General Fund Reserve Funding Goals Policy. D3. Consideration of Approval of Revisions to Amended Fiscal Year 2017/18 Appropriations. D4. Consideration of a Resolution Amending an Approved Interfund Loan from the Capital Reserve Fund (Fund 025) to the General Fund (Fund 001) and to the Sports Complex Fund (Fund 700) for the Purchase and Installation of Solar Photovoltaic Systems at Central Park and Epicenter. RESOLUTION NO. 18-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING AN APPROVED INTERFUND LOAN FROM THE CAPITAL RESERVE FUND TO THE GENERAL FUND AND TO THE SPORTS COMPLEX FUND FOR THE PURCHASE AND INSTALLATION OF SOLAR PHOTOVOLTAIC SYSTEMS AT CENTRAL PARK AND EPICENTER MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar D1 through D4. Motion carried unanimously, 5-0. E1. Consideration to Adopt the General Fund Preliminary Budget, Approve a Resolution Adopting the General Fund Appropriations Limit for Fiscal Year 2018/19, and Set Approval of a Final Budget for the July 18, 2018 Board Meeting. RESOLUTION NO. FD18-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING A GENERAL FUND APPROPRIATIONS LIMIT FOR FISCAL YEAR 2018/19 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION MOTION: Moved by Council Member Williams, seconded by Council Member Alexander, to approve Consent Calendar E1. Motion carried unanimously, 5-0. E2. Consideration to Approve Resolutions Adopting a Budget in the Amount of $6,065,870 and Approving the Appropriations Limit in the Amount of $14,956,165 for Fiscal Year 2018/19 in Communities Facilities District (CFD)No. 85-1. RESOLUTION NO. FD 18-009 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2018/19 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION RESOLUTION NO. 18-010 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2018/19 MOTION: Moved by Council Member Williams, seconded by Council Member Alexander, to approve Consent Calendar E2. Motion carried unanimously, 5-0. Page 41 E3. Consideration to Approve Resolutions Adopting a Budget in the Amount of $2,445,940 and Approving the Appropriation Limit in the Amount of $3,786,430 for Fiscal Year 2018/19 in Community Facilities District (CFD) No. 88-1. RESOLUTION NO. FD 18-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITYOF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR COMMUNITY FACILITIES DISTRICT NO. 8801 FOR FISCAL YEAR 2018/19 RESOLUTION NO. FD 18-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2018/19 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Williams, to approve Consent Calendar E3. Motion carried unanimously, 5-0. F1. Consideration to Adopt the Fiscal Year 2018/19 Budget and the Article XIIB Appropriations Limit. RESOLUTION NO. 18-049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING THE CITY'S FISCAL YEAR 2018/19 BUDGET RESOLUTION NO. 18-050 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 2018/19 Mayor Michael noted earlier budget session and discussions by Council. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Spagnolo, to approve Consent Calendar F1. Motion carried unanimously, 5-0. Mayor Michael adjourned the meeting at 5:07 p.m. Approved: **** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** June 21, 2018 1 City Council Special Meeting Minutes City of Rancho Cucamonga I Page 3 of 3 Page 42 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $1,403,030.94 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $1,829,829.04 DATED JUNE 12, 2018 THROUGH JULY 09, 2018. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 43 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008049 06/13/2018 ALL CITY MANAGEMENT SERVICES INC. 19,150.66 0.00 19,150.66 AP 00008050 06/13/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00008051 06/13/2018 SHELL ENERGY NORTH AMERICA 207,937.50 0.00 207,937.50 AP 00008052 06/13/2018 US DEPARTMENT OF ENERGY 11,428.25 0.00 11,428.25 AP 00008053 06/20/2018 ALL CITY MANAGEMENT SERVICES INC. 10,062.93 0.00 10,062.93 AP 00008054 06/20/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,777.45 0.00 23,777.45 AP 00008055 06/20/2018 MICHAEL, L. DENNIS 958.96 0.00 958.96 AP 00008056 06/20/2018 RCCEA 1,917.50 0.00 1,917.50 AP 00008057 06/20/2018 RCPFA 11,509.11 0.00 11,509.11 AP 00008058 06/20/2018 RE ASTORIA 2 LLC 122,995.75 0.00 122,995.75 AP 00008059 06/27/2018 AHUMADA, ALEXANDER R 0.00 631.60 631.60 AP 00008060 06/27/2018 ALMAND, LLOYD 0.00 631.60 631.60 AP 00008061 06/27/2018 BANTAU, VICTORIA 0.00 499.68 499.68 AP 00008062 06/27/2018 BAZAL, SUSAN 0.00 585.98 585.98 AP 00008063 06/27/2018 BELL, MICHAEL L. 0.00 1,214.46 1,214.46 AP 00008064 06/27/2018 BERRY, DAVID 0.00 1,152.40 1,152.40 AP 00008065 06/27/2018 BROCK, ROBIN 0.00 923.03 923.03 AP 00008066 06/27/2018 CAMPBELL, GERALD 0.00 826.04 826.04 AP 00008067 06/27/2018 CAMPBELL, STEVEN 0.00 1,327.27 1,327.27 AP 00008068 06/27/2018 CARNES, KENNETH 0.00 499.68 499.68 AP 00008069 06/27/2018 CLABBY, RICHARD 0.00 1,152.40 1,152.40 AP 00008070 06/27/2018 CLOUGHESY, DONALD R 0.00 1,618.70 1,618.70 AP 00008071 06/27/2018 CORCORAN, ROBERT 0.00 540.73 540.73 AP 00008072 06/27/2018 COSTELLO, DENNIS M 0.00 1,618.70 1,618.70 AP 00008073 06/27/2018 COX, KARL 0.00 631.60 631.60 AP 00008074 06/27/2018 CRANE, RALPH 0.00 968.28 968.28 AP 00008075 06/27/2018 CROSSLAND, WILBUR 0.00 499.68 499.68 AP 00008076 06/27/2018 DAGUE, JAMES 0.00 1,214.46 1,214.46 AP 00008077 06/27/2018 DE ANTONIO, SUSAN 0.00 540.73 540.73 AP 00008078 06/27/2018 DEANS, JACKIE 0.00 585.98 585.98 AP 00008079 06/27/2018 DOMINICK, SAMUEL A. 0.00 923.03 923.03 AP 00008080 06/27/2018 EAGLESON, MICHAEL 0.00 1,214.46 1,214.46 AP 00008081 06/27/2018 EGGERS, BOB 0.00 1,618.70 1,618.70 AP 00008082 06/27/2018 FRITCHEY, JOHN D. 0.00 499.68 499.68 AP 00008083 06/27/2018 HEYDE, DONALD 0.00 631.60 631.60 AP 00008084 06/27/2018 INTERLICCHIA, ROSALYN 0.00 249.30 249.30 AP 00008085 06/27/2018 KILMER, STEPHEN 0.00 1,152.40 1,152.40 AP 00008086 06/27/2018 LANE, WILLIAM 0.00 1,214.46 1,214.46 AP 00008087 06/27/2018 LARKIN, DAVID W 0.00 1,538.02 1,538.02 AP 00008088 06/27/2018 LEE, ALLAN J. 0.00 1,264.92 1,264.92 AP 00008089 06/27/2018 LENZE, PAUL E 0.00 1,093.58 1,093.58 AP 00008090 06/27/2018 LONGO, JOE 0.00 183.34 183.34 AP 00008091 06/27/2018 LUTTRULL, DARRELL 0.00 499.68 499.68 AP 00008092 06/27/2018 MACKALL, BEVERLY 0.00 509.70 509.70 AP 00008093 06/27/2018 MAYFIELD, RON 0.00 1,304.96 1,304.96 AP 00008094 06/27/2018 MCKEE, JOHN 0.00 631.60 631.60 AP 00008095 06/27/2018 MCNEIL, KENNETH 0.00 631.60 631.60 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 44 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008096 06/27/2018 MICHAEL, L. DENNIS 0.00 923.03 923.03 AP 00008097 06/27/2018 MORGAN, BYRON 0.00 1,714.62 1,714.62 AP 00008098 06/27/2018 MYSKOW, DENNIS 0.00 1,152.40 1,152.40 AP 00008099 06/27/2018 NAUMAN, MICHAEL 0.00 499.68 499.68 AP 00008100 06/27/2018 NEE, RON 0.00 585.98 585.98 AP 00008101 06/27/2018 NELSON, MARY JANE 0.00 183.34 183.34 AP 00008102 06/27/2018 O'BRIEN, TOM 0.00 1,618.70 1,618.70 AP 00008103 06/27/2018 PLOUNG, MICHAEL J 0.00 558.94 558.94 AP 00008104 06/27/2018 POST, MICHAEL R 0.00 1,586.77 1,586.77 AP 00008105 06/27/2018 PROULX, PATRICK 0.00 1,618.70 1,618.70 AP 00008106 06/27/2018 REDMOND, MIKE 0.00 1,214.46 1,214.46 AP 00008107 06/27/2018 ROEDER, JEFF 0.00 1,214.46 1,214.46 AP 00008108 06/27/2018 SALISBURY, THOMAS 0.00 631.60 631.60 AP 00008109 06/27/2018 SMITH, RONALD 0.00 499.68 499.68 AP 00008110 06/27/2018 SORENSEN, SCOTT D 0.00 1,736.35 1,736.35 AP 00008111 06/27/2018 SPAGNOLO, SAM 0.00 499.68 499.68 AP 00008112 06/27/2018 SPAIN, WILLIAM 0.00 826.04 826.04 AP 00008113 06/27/2018 SULLIVAN, JAMES 0.00 499.68 499.68 AP 00008114 06/27/2018 TAYLOR, STEVE 0.00 1,461.55 1,461.55 AP 00008115 06/27/2018 TULEY, TERRY 0.00 1,214.46 1,214.46 AP 00008116 06/27/2018 VANDERKALLEN, FRANCIS 0.00 631.60 631.60 AP 00008117 06/27/2018 VARNEY, ANTHONY 0.00 923.03 923.03 AP 00008118 06/27/2018 WALTON, KEVIN 0.00 1,538.02 1,538.02 AP 00008119 06/27/2018 YOWELL, TIMOTHY A 0.00 1,304.96 1,304.96 AP 00008120 06/27/2018 HD PRODUCTIONS INC 18,750.00 0.00 18,750.00 AP 00008121 06/27/2018 MICHAEL BAKER INTERNATIONAL INC 13,590.00 0.00 13,590.00 AP 00008122 06/27/2018 SAN BERNARDINO COUNTY 20.00 0.00 20.00 AP 00008123 07/03/2018 AECOM 14,204.00 0.00 14,204.00 AP 00008124 07/03/2018 CHAFFEY JOINT UNION HS DISTRICT 1,905.84 0.00 1,905.84 AP 00008125 07/03/2018 MICHAEL BAKER INTERNATIONAL INC 4,685.00 0.00 4,685.00 AP 00008126 07/03/2018 TANKO LIGHTING 100,693.35 0.00 100,693.35 AP 00008127 07/03/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 144,338.89 0.00 144,338.89 AP 00008128 07/03/2018 RCCEA 1,911.00 0.00 1,911.00 AP 00008129 07/03/2018 RCPFA 11,509.11 0.00 11,509.11 AP 00391264 06/13/2018 A AND R TIRE SERVICE 819.02 0.00 819.02 AP 00391265 06/13/2018 ABLE BUILDING MAINTENANCE 2,011.35 0.00 2,011.35 AP 00391266 06/13/2018 ACOSTA, LOURDES 3.50 0.00 3.50 AP 00391267 06/13/2018 ADAMS, DANELL 165.00 0.00 165.00 AP 00391268 06/13/2018 ALBERT A. WEBB 64.50 0.00 64.50 AP 00391269 06/13/2018 ALI, SHAILA 93.00 0.00 93.00 AP 00391270 06/13/2018 ALL WELDING 3,080.00 0.00 3,080.00 AP 00391271 06/13/2018 ALLARD, GEORGE 72.00 0.00 72.00 AP 00391272 06/13/2018 ALLSTAR FIRE EQUIPMENT INC 0.00 3,305.77 3,305.77 AP 00391273 06/13/2018 ALLSTAR SOUND LLC 4,335.00 0.00 4,335.00 AP 00391274 06/13/2018 ALMAZAN, MICHELLE 58.00 0.00 58.00 AP 00391275 06/13/2018 ALMAZROUEI, RASHED AHMED 174.71 0.00 174.71 AP 00391276 06/13/2018 ALPHAGRAPHICS 2,733.25 0.00 2,733.25 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 45 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391277 06/13/2018 ALTA LOMA DANCE ACADEMY 9,983.00 0.00 9,983.00 AP 00391278 06/13/2018 AMERICAN TRAINING RESOURCES INC 1,076.68 0.00 1,076.68 AP 00391279 06/13/2018 AMERON POLE PRODUCTS LLC 4,400.55 0.00 4,400.55 AP 00391280 06/13/2018 AMIGOS HELP LLC 404.00 0.00 404.00 AP 00391281 06/13/2018 AMTECH ELEVATOR SERVICES 985.23 0.00 985.23 AP 00391282 06/13/2018 ARROW INTERNATIONAL 0.00 2,381.69 2,381.69 AP 00391283 06/13/2018 ART OF LIVING FOUNDATION 120.00 0.00 120.00 AP 00391284 06/13/2018 ARVIZO, ERIKA 35.00 0.00 35.00 AP 00391285 06/13/2018 AT&T MOBILITY 0.00 85.00 85.00 AP 00391286 06/13/2018 AUTO AND RV SPECIALISTS INC. 170.72 0.00 170.72 AP 00391287 06/13/2018 BARILLAS, BEATRICE 93.00 0.00 93.00 AP 00391288 06/13/2018 BARSTOW HIGH SCHOOL 458.50 0.00 458.50 AP 00391289 06/13/2018 BARTEL ASSOCIATES LLC 0.00 2,200.00 2,200.00 AP 00391290 06/13/2018 BAXTER'S FRAME WORKS 1,497.73 0.00 1,497.73 AP 00391291 06/13/2018 BENJAMINS, TIM MARCELLUS 70.00 0.00 70.00 AP 00391292 06/13/2018 BERT E JESSUP TRANSPORT 35.00 0.00 35.00 AP 00391293 06/13/2018 BEST BEST AND KRIEGER 504.00 0.00 504.00 AP 00391294 06/13/2018 BEST GOLF CARTS INC. 1,956.09 0.00 1,956.09 AP 00391295 06/13/2018 BIRD, PAUL 100.00 0.00 100.00 AP 00391296 06/13/2018 BISHOP COMPANY 2,367.99 0.00 2,367.99 AP 00391297 06/13/2018 BLACK, GEORGE 97.00 0.00 97.00 AP 00391298 06/13/2018 BLUE BREEZE ENTERTAINMENT 1,000.00 0.00 1,000.00 AP 00391299 06/13/2018 BONGARDE HOLDINGS INC 397.00 0.00 397.00 AP 00391300 06/13/2018 BOSTON COURT PERFORMING ARTS CENTER 280.00 0.00 280.00 AP 00391301 06/13/2018 BRIGHT BOX ENTERPRISES 600.00 0.00 600.00 AP 00391302 06/13/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 17,322.29 0.00 17,322.29 AP 00391303 06/13/2018 BUBEL, RICHARD JR. 139.00 0.00 139.00 AP 00391304 06/13/2018 BUDERWITZ, TOM 833.00 0.00 833.00 AP 00391305 06/13/2018 BUREAU VERITAS NORTH AMERICA INC 10,075.12 0.00 10,075.12 AP 00391307 06/13/2018 C V W D 70,990.35 55.20 71,045.55 *** AP 00391308 06/13/2018 CAL PROLOGISTICS INC. 612.00 0.00 612.00 AP 00391309 06/13/2018 CALIFORNIA BOX CO. 336.00 0.00 336.00 AP 00391310 06/13/2018 CALIFORNIA MUNICIPAL UTILITIES ASSOC 201.11 0.00 201.11 AP 00391311 06/13/2018 CALIFORNIA SATSANG SOCIETY 100.00 0.00 100.00 AP 00391312 06/13/2018 CALIN, ANGELA 833.00 0.00 833.00 AP 00391313 06/13/2018 CAMINO REAL DEVELOPMENT INC 10,000.00 0.00 10,000.00 AP 00391314 06/13/2018 CAMPO, ALIKA 70.00 0.00 70.00 AP 00391315 06/13/2018 CARQUEST AUTO PARTS 140.34 0.00 140.34 AP 00391316 06/13/2018 CARRIER, CRETE 35.00 0.00 35.00 AP 00391317 06/13/2018 CCS ORANGE COUNTY JANITORIAL INC. 474.20 1,397.00 1,871.20 *** AP 00391318 06/13/2018 CINTAS CORPORATION #150 1,479.91 472.25 1,952.16 *** AP 00391319 06/13/2018 CLIMATEC LLC 1,235.00 0.00 1,235.00 AP 00391320 06/13/2018 COAST RECREATION INC 1,982.84 0.00 1,982.84 AP 00391321 06/13/2018 COKER, FRANCES 95.00 0.00 95.00 AP 00391322 06/13/2018 COMPUTERIZED EMBROIDERY COMPANY 0.00 841.70 841.70 AP 00391323 06/13/2018 CONCEPT POWDER COATING 1,820.00 0.00 1,820.00 AP 00391324 06/13/2018 CONVERGEONE INC. 17,988.75 0.00 17,988.75 User: VLOPEZ - 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VERONICA LOPEZ Page: 4 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 47 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391372 06/13/2018 IDEAL GLASS TINTING 192.00 0.00 192.00 AP 00391373 06/13/2018 IGNACIO, MARVIN 128.00 0.00 128.00 AP 00391374 06/13/2018 ILLUMINATE EVENT SERVICES 600.00 0.00 600.00 AP 00391375 06/13/2018 INDUSTRIAL HARDWARE AND SERVICE CO 1,281.15 0.00 1,281.15 AP 00391376 06/13/2018 INLAND EMPIRE PROPERTY SERVICES INC 0.00 16,122.50 16,122.50 AP 00391377 06/13/2018 INLAND EMPIRE STAGES LTD 207.50 0.00 207.50 AP 00391378 06/13/2018 INLAND TOP SOIL MIXES 646.50 0.00 646.50 AP 00391379 06/13/2018 INLAND VALLEY DAILY BULLETIN 153.32 0.00 153.32 AP 00391380 06/13/2018 INTERWEST CONSULTING GROUP INC 5,300.27 0.00 5,300.27 AP 00391381 06/13/2018 ITERIS INC 17,072.99 0.00 17,072.99 AP 00391382 06/13/2018 ITO JR, DENNIS 186.00 0.00 186.00 AP 00391383 06/13/2018 J J KELLER AND ASSOC INC 602.32 0.00 602.32 AP 00391384 06/13/2018 JBD TRANSPORT INC 35.00 0.00 35.00 AP 00391385 06/13/2018 JOHNNY ALLEN TENNIS ACADEMY 785.40 0.00 785.40 AP 00391386 06/13/2018 KELLOGG, JEANNE 10.00 0.00 10.00 AP 00391387 06/13/2018 KELLY, SHEILA 97.00 0.00 97.00 AP 00391388 06/13/2018 KENT HARRIS TRUCKING & MATERIALS 332.40 0.00 332.40 AP 00391389 06/13/2018 KHOURY, SHIRIN RIYAD 70.00 0.00 70.00 AP 00391390 06/13/2018 KINDRED CORPORATION 2,428.69 0.00 2,428.69 AP 00391391 06/13/2018 KIRO CARS INC 180.00 0.00 180.00 AP 00391392 06/13/2018 KVAC ENVIRONMENTAL SERVICES INC 832.50 0.00 832.50 AP 00391393 06/13/2018 LANDCARE USA LLC 47,376.48 0.00 47,376.48 AP 00391394 06/13/2018 LAVISHED PRINTING INC 1,616.25 0.00 1,616.25 AP 00391395 06/13/2018 LAWSON PRODUCTS INC 0.00 862.46 862.46 AP 00391396 06/13/2018 LAWSON, MELISSA 320.00 0.00 320.00 AP 00391397 06/13/2018 LDI TRUCKING INC 404.00 0.00 404.00 AP 00391398 06/13/2018 LEAGUE OF CALIFORNIA CITIES 80.00 0.00 80.00 AP 00391399 06/13/2018 LEE, TOM 186.00 0.00 186.00 AP 00391400 06/13/2018 LEMUS, TIMOTHY A 350.00 0.00 350.00 AP 00391401 06/13/2018 LEVERAGE INFORMATION SYSTEMS INC 5,685.66 0.00 5,685.66 AP 00391402 06/13/2018 LEWIS, GENEVIEVE 127.00 0.00 127.00 AP 00391403 06/13/2018 LI, XIN 250.00 0.00 250.00 AP 00391404 06/13/2018 LIFE ASSIST INC 0.00 4,960.15 4,960.15 AP 00391405 06/13/2018 LOCAL GOVERNMENT COMMISSION 1,181.82 0.00 1,181.82 AP 00391406 06/13/2018 LONG, BECKY M 50.00 0.00 50.00 AP 00391407 06/13/2018 LOUIE'S NURSERY 987.44 0.00 987.44 AP 00391409 06/13/2018 LOWES COMPANIES INC. 4,270.41 3,806.69 8,077.10 *** AP 00391410 06/13/2018 LUBRICATION ENGINEERS INC 0.00 1,844.59 1,844.59 AP 00391411 06/13/2018 MAGELLAN ADVISORS LLC 43,535.21 0.00 43,535.21 AP 00391412 06/13/2018 MAIN STREET SIGNS 80.81 0.00 80.81 AP 00391413 06/13/2018 MARK CHRISTOPHER INC 1,025.35 380.61 1,405.96 *** AP 00391414 06/13/2018 MARLINK SA INC 0.00 162.00 162.00 AP 00391415 06/13/2018 MARQUEZ, EMMANUEL E 225.00 0.00 225.00 AP 00391416 06/13/2018 MATLOCK DESIGN BUILD INC 1,365.00 0.00 1,365.00 AP 00391417 06/13/2018 MC AVOY & MARKHAM 447.50 0.00 447.50 AP 00391418 06/13/2018 MCWELCO PRODUCTS 1,589.31 0.00 1,589.31 AP 00391419 06/13/2018 MEAVE, ADAM 93.00 0.00 93.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 48 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391420 06/13/2018 MEDLEY FIRE PROTECTION INC 9,158.00 0.00 9,158.00 AP 00391421 06/13/2018 MENDEZ, JORDAN 226.00 0.00 226.00 AP 00391422 06/13/2018 MERCURY DISPOSAL SYSTEMS INC 2,831.11 0.00 2,831.11 AP 00391423 06/13/2018 MINUTEMAN PRESS 144.16 0.00 144.16 AP 00391424 06/13/2018 MISSION REPROGRAPHICS 29.65 0.00 29.65 AP 00391425 06/13/2018 MONROY, MARIA G 139.00 0.00 139.00 AP 00391426 06/13/2018 MORALES, SUSANA 369.00 0.00 369.00 AP 00391427 06/13/2018 MORENO, ANDREA 93.00 0.00 93.00 AP 00391428 06/13/2018 MOUNTAIN MOTOR SPORTS 134.51 0.00 134.51 AP 00391429 06/13/2018 MUIR, MARY 93.00 0.00 93.00 AP 00391430 06/13/2018 MULTICULTURAL BOOKS & VIDEOS 413.00 0.00 413.00 AP 00391431 06/13/2018 MUTUAL PROPANE 0.00 1,431.09 1,431.09 AP 00391432 06/13/2018 MYERS TIRE SUPPLY COMPANY 165.19 0.00 165.19 AP 00391433 06/13/2018 NAPA AUTO PARTS 31.75 282.67 314.42 *** AP 00391434 06/13/2018 NATIONAL FIRE FIGHTER WILDLAND 0.00 41.10 41.10 AP 00391435 06/13/2018 NATIONAL PEN CORPORATION 460.10 0.00 460.10 AP 00391436 06/13/2018 NINYO & MOORE 916.50 0.00 916.50 AP 00391437 06/13/2018 NIVAR, JOSE 165.00 0.00 165.00 AP 00391438 06/13/2018 ONTARIO WINNELSON CO 123.60 0.00 123.60 AP 00391439 06/13/2018 PACHECO, DANNY 25.63 0.00 25.63 AP 00391440 06/13/2018 PARKES, DR KEVIN 0.00 6,000.00 6,000.00 AP 00391441 06/13/2018 PH&S PRODUCTS LLC 0.00 1,090.00 1,090.00 AP 00391442 06/13/2018 PIAZZA, JOHN 72.00 0.00 72.00 AP 00391443 06/13/2018 PICHETTO, DAYNA 93.00 0.00 93.00 AP 00391444 06/13/2018 PICTURE PEOPLE #355 427.56 0.00 427.56 AP 00391445 06/13/2018 PIMENTEL, MARIE 94.00 0.00 94.00 AP 00391446 06/13/2018 PORRAS, MITCHELL 10.00 0.00 10.00 AP 00391447 06/13/2018 PRIME GLASS 60.00 0.00 60.00 AP 00391448 06/13/2018 PRISTINE UNIFORMS LLC 2,999.87 0.00 2,999.87 AP 00391449 06/13/2018 PRO SPRAY INC 2,449.38 0.00 2,449.38 AP 00391450 06/13/2018 PSA PRINT GROUP 77.58 0.00 77.58 AP 00391451 06/13/2018 PUGLISI, BENITA 42.00 0.00 42.00 AP 00391452 06/13/2018 PUTMAN, STERLING A 500.00 0.00 500.00 AP 00391453 06/13/2018 QANDEEL, AMANDA 132.00 0.00 132.00 AP 00391454 06/13/2018 R AND R AUTOMOTIVE 1,367.69 0.00 1,367.69 AP 00391455 06/13/2018 RAMIREZ, GEORGE 253.00 0.00 253.00 AP 00391456 06/13/2018 RBM LOCK AND KEY SERVICE 18.86 0.00 18.86 AP 00391457 06/13/2018 RMA GROUP 0.00 350.00 350.00 AP 00391458 06/13/2018 ROCHIN, JOE 86.00 0.00 86.00 AP 00391459 06/13/2018 RODAS' AUTO REPAIR 1,839.35 0.00 1,839.35 AP 00391460 06/13/2018 ROTH PHD, FREDRICK 600.00 0.00 600.00 AP 00391461 06/13/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 79.43 0.00 79.43 AP 00391462 06/13/2018 RUBENS AUTO COLLISION CENTER 8,966.74 0.00 8,966.74 AP 00391463 06/13/2018 SAFEWAY SIGN COMPANY 1,229.28 0.00 1,229.28 AP 00391464 06/13/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,981.00 0.00 3,981.00 AP 00391465 06/13/2018 SAN BERNARDINO CTY 15,302.30 0.00 15,302.30 AP 00391466 06/13/2018 SAN BERNARDINO, COUNTY OF 500.00 0.00 500.00 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391467 06/13/2018 SAUCEDO, ABRAHAM 110.00 0.00 110.00 AP 00391468 06/13/2018 SHOETERIA 854.37 0.00 854.37 AP 00391469 06/13/2018 SICAIROS DE ROCHA, MAGALY 148.00 0.00 148.00 AP 00391470 06/13/2018 SIGN SHOP, THE 0.00 337.26 337.26 AP 00391471 06/13/2018 SINGH, GURJIT 2.00 0.00 2.00 AP 00391472 06/13/2018 SKROPOS, CONSTANDINA 93.00 0.00 93.00 AP 00391473 06/13/2018 SNAP ON TOOLS 14.82 0.00 14.82 AP 00391474 06/13/2018 SO CALIF GAS COMPANY 682.50 0.00 682.50 AP 00391475 06/13/2018 SOAPTRONIC LLC 0.00 595.20 595.20 AP 00391476 06/13/2018 SOCIAL VOCATIONAL SERVICES 3,734.00 0.00 3,734.00 AP 00391477 06/13/2018 SONSRAY MACHINERY LLC 116.50 0.00 116.50 AP 00391478 06/13/2018 SOUTH COAST AQMD 1,020.18 0.00 1,020.18 AP 00391479 06/13/2018 SOUTH COAST LIGHTING AND DESIGN 980.53 0.00 980.53 AP 00391484 06/13/2018 SOUTHERN CALIFORNIA EDISON 22,731.46 0.00 22,731.46 AP 00391485 06/13/2018 SOUTHERN CALIFORNIA EDISON 423.62 0.00 423.62 AP 00391486 06/13/2018 SPRINT 0.00 121.95 121.95 AP 00391487 06/13/2018 STATEWIDE TRAFFIC SAFETY & SIGNS INC 5,083.47 0.00 5,083.47 AP 00391488 06/13/2018 STEPHEN AMUNDSON 200.00 0.00 200.00 AP 00391489 06/13/2018 STERLING COFFEE SERVICE 0.00 35.00 35.00 AP 00391490 06/13/2018 STEWARD, JOSHUA 308.14 0.00 308.14 AP 00391491 06/13/2018 STEWARD, LISA 139.00 0.00 139.00 AP 00391492 06/13/2018 STORAGE CONTAINER.COM 198.00 0.00 198.00 AP 00391493 06/13/2018 STOVER SEED COMPANY 641.92 0.00 641.92 AP 00391494 06/13/2018 SUN BADGE CO 0.00 396.32 396.32 AP 00391495 06/13/2018 SUNERGY CONSTRUCTION INC 118.12 0.00 118.12 AP 00391496 06/13/2018 SWEET DOUGH CAFE 540.00 0.00 540.00 AP 00391497 06/13/2018 THOMPSON PLUMBING SUPPLY INC 1,731.00 0.00 1,731.00 AP 00391498 06/13/2018 THOMSON REUTERS WEST PUBLISHING CORP 364.93 0.00 364.93 AP 00391499 06/13/2018 TOM RECTENWALD CONSTRUCTION INC 5,000.00 0.00 5,000.00 AP 00391500 06/13/2018 TORRES, FELIX 500.00 0.00 500.00 AP 00391501 06/13/2018 TRANSPORTATION COMMODITIES INC 114.00 0.00 114.00 AP 00391502 06/13/2018 UNITED PACIFIC SERVICES INC 22,296.00 0.00 22,296.00 AP 00391503 06/13/2018 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 675.00 0.00 675.00 AP 00391504 06/13/2018 UNITED SITE SERVICES OF CA INC 281.34 0.00 281.34 AP 00391505 06/13/2018 UPS 52.77 0.00 52.77 AP 00391506 06/13/2018 UPSCO POWERSAFE SYSTEMS INC 1,600.00 0.00 1,600.00 AP 00391507 06/13/2018 URBAN HOME 5,423.19 0.00 5,423.19 AP 00391508 06/13/2018 US POST OFFICE 14,000.00 0.00 14,000.00 AP 00391509 06/13/2018 UTILIQUEST 1,862.90 0.00 1,862.90 AP 00391510 06/13/2018 VALLADARES, JAMIE 58.00 0.00 58.00 AP 00391511 06/13/2018 VALVERDE SCHOOL OF PERFORMING ARTS 20,000.00 0.00 20,000.00 AP 00391512 06/13/2018 VERIZON 22.63 0.00 22.63 AP 00391517 06/13/2018 VERIZON WIRELESS - 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VERONICA LOPEZ Page: 10 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 53 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391671 06/20/2018 VERIZON BUSINESS SERVICES 41.03 0.00 41.03 AP 00391672 06/20/2018 VILLENAS, FABIAN 40.40 0.00 40.40 AP 00391673 06/20/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00391674 06/20/2018 VISION COMMUNICATIONS CO 360.00 0.00 360.00 AP 00391675 06/20/2018 VISION SERVICE PLAN CA 11,428.22 0.00 11,428.22 AP 00391676 06/20/2018 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00391677 06/20/2018 VORTEX INDUSTRIES INC 0.00 534.27 534.27 AP 00391678 06/20/2018 WAXIE SANITARY SUPPLY 943.12 0.00 943.12 AP 00391679 06/20/2018 WESTLAND GROUP INC 5,243.25 0.00 5,243.25 AP 00391680 06/20/2018 WHITE HOUSE PHOTO INC 700.00 0.00 700.00 AP 00391681 06/20/2018 WILBUR-ELLIS COMPANY 1,162.01 0.00 1,162.01 AP 00391682 06/20/2018 WORD MILL PUBLISHING 400.00 0.00 400.00 AP 00391684 06/21/2018 BRODART BOOKS 6,137.38 0.00 6,137.38 AP 00391685 06/21/2018 INLAND VALLEY DAILY BULLETIN 1,046.00 0.00 1,046.00 AP 00391686 06/21/2018 INTERSTATE BATTERIES 364.18 0.00 364.18 AP 00391687 06/21/2018 JOHNSON EQUIPMENT COMPANY 0.00 919.66 919.66 AP 00391688 06/21/2018 KME FIRE APPARATUS 0.00 983.23 983.23 AP 00391689 06/21/2018 LIMS AUTO INC 2,134.37 0.00 2,134.37 AP 00391690 06/21/2018 MUSIC THEATRE INTERNATIONAL 10,791.69 0.00 10,791.69 AP 00391691 06/21/2018 OC TANNER RECOGNITION COMPANY 287.48 0.00 287.48 AP 00391692 06/21/2018 OFFICE DEPOT 3,507.86 713.30 4,221.16 *** AP 00391693 06/21/2018 ORKIN PEST CONTROL 82.00 0.00 82.00 AP 00391694 06/21/2018 OVERDRIVE INC 609.26 0.00 609.26 AP 00391695 06/21/2018 SAFETY KLEEN SYSTEMS INC 188.56 0.00 188.56 AP 00391696 06/21/2018 SITEONE LANDSCAPE SUPPLY LLC 39.65 0.00 39.65 AP 00391697 06/21/2018 VISTA PAINT 2,679.68 0.00 2,679.68 AP 00391698 06/21/2018 US POSTMASTER 0.00 2,726.33 2,726.33 AP 00391699 06/25/2018 CALIFORNIA BOARD OF EQUALIZATION, STATE OF 1,054.77 345.69 1,400.46 *** AP 00391700 06/27/2018 CURATALO, JAMES 0.00 1,618.70 1,618.70 AP 00391701 06/27/2018 KIRKPATRICK, WILLIAM 0.00 1,461.55 1,461.55 AP 00391702 06/27/2018 LONCAR, PHILIP 0.00 1,152.40 1,152.40 AP 00391703 06/27/2018 TOWNSEND, JAMES 0.00 1,618.70 1,618.70 AP 00391704 06/27/2018 WALKER, KENNETH 0.00 249.30 249.30 AP 00391705 06/27/2018 A'JONTUE, ROSE ANN 288.00 0.00 288.00 AP 00391706 06/27/2018 A.Y. 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VERONICA LOPEZ Page: 12 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 55 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391766 06/27/2018 GEO PLASTICS INC 2,530.48 0.00 2,530.48 AP 00391767 06/27/2018 GIORDANO, MARIANNA 163.20 0.00 163.20 AP 00391768 06/27/2018 GOLDEN STATE RISK MANAGEMENT AUTHORITY 94,252.00 1,362.00 95,614.00 *** AP 00391769 06/27/2018 GRAINGER 790.21 0.00 790.21 AP 00391770 06/27/2018 GRANT III, VINCENT 500.00 0.00 500.00 AP 00391771 06/27/2018 GRAPHICS FACTORY INC. 4,640.58 0.00 4,640.58 AP 00391772 06/27/2018 GREEN ROCK POWER EQUIPMENT 77.20 0.00 77.20 AP 00391773 06/27/2018 HAMILTON, MONIQUE 960.00 0.00 960.00 AP 00391774 06/27/2018 HAMPTON YOGA 1,056.00 0.00 1,056.00 AP 00391775 06/27/2018 HEARTSAFE AMERICA INC 0.00 75,106.33 75,106.33 AP 00391776 06/27/2018 HEARTSAVERS LLC 3,779.00 0.00 3,779.00 AP 00391777 06/27/2018 HEPNER, MIREYA 597.93 0.00 597.93 AP 00391778 06/27/2018 HERITAGE EDUCATION GROUP 242.00 0.00 242.00 AP 00391779 06/27/2018 HI WAY SAFETY INC 1,658.64 0.00 1,658.64 AP 00391780 06/27/2018 HLP INC. 28,740.00 0.00 28,740.00 AP 00391781 06/27/2018 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL 0.00 439,792.76 439,792.76 AP 00391782 06/27/2018 HOSE MAN INC 28.38 0.00 28.38 AP 00391783 06/27/2018 HUNT, JON 46.25 0.00 46.25 AP 00391784 06/27/2018 IMPRESSIONS GOURMET CATERING 1,269.30 0.00 1,269.30 AP 00391785 06/27/2018 INDUSTRIAL HARDWARE AND SERVICE CO 317.86 0.00 317.86 AP 00391786 06/27/2018 ISHAQ, MUHAMMAD 87.30 0.00 87.30 AP 00391787 06/27/2018 JACKSON LEWIS P C 175.00 0.00 175.00 AP 00391788 06/27/2018 JENSEN, RACHEL 18.62 0.00 18.62 AP 00391789 06/27/2018 JOHNSON, CHEARICE 200.00 0.00 200.00 AP 00391790 06/27/2018 KINGDOM CREATIONS 2,324.17 0.00 2,324.17 AP 00391791 06/27/2018 KNOT, THE 3,840.00 0.00 3,840.00 AP 00391792 06/27/2018 KONG, SOPHEAK 200.00 0.00 200.00 AP 00391793 06/27/2018 LAN, HAN 87.00 0.00 87.00 AP 00391794 06/27/2018 LANDCARE USA LLC 54,514.22 0.00 54,514.22 AP 00391795 06/27/2018 LATREACE, RAINEY 392.00 0.00 392.00 AP 00391796 06/27/2018 LDD CONSULTING SERVICES 1,331.25 0.00 1,331.25 AP 00391797 06/27/2018 LIEBERT CASSIDY WHITMORE 895.50 0.00 895.50 AP 00391798 06/27/2018 MAIN STREET SIGNS 1,826.36 0.00 1,826.36 AP 00391799 06/27/2018 MALBERG, MATT 81.01 0.00 81.01 AP 00391800 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391801 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,573.25 0.00 1,573.25 AP 00391802 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,573.25 0.00 1,573.25 AP 00391803 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,887.90 0.00 1,887.90 AP 00391804 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,887.90 0.00 1,887.90 AP 00391805 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391806 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391807 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391808 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,288.60 0.00 1,288.60 AP 00391809 06/27/2018 MARTINEZ, ALEC 1,047.62 0.00 1,047.62 AP 00391810 06/27/2018 MEDEL, TIFFANY 15.00 0.00 15.00 AP 00391811 06/27/2018 METROLINK 10,000.00 0.00 10,000.00 AP 00391812 06/27/2018 MIDDLETON, LISA 187.05 0.00 187.05 User: VLOPEZ - VERONICA LOPEZ Page: 13 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 56 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391813 06/27/2018 MIDWEST TAPE 1,306.30 0.00 1,306.30 AP 00391814 06/27/2018 MINUTEMAN PRESS 609.93 0.00 609.93 AP 00391815 06/27/2018 MORRISON SPORTS LLC 799.20 0.00 799.20 AP 00391816 06/27/2018 MOUNTAIN VIEW SMALL ENG REPAIR 75.85 0.00 75.85 AP 00391817 06/27/2018 MSNOC INC 1,005.00 0.00 1,005.00 AP 00391818 06/27/2018 MUTUAL PROPANE 0.00 20.00 20.00 AP 00391819 06/27/2018 NIGHTHAWK TOTAL CONTROL 133.75 0.00 133.75 AP 00391820 06/27/2018 OCCUPATIONAL HEALTH CTRS OF CA 4,192.50 0.00 4,192.50 AP 00391821 06/27/2018 OCLC INC 55.41 0.00 55.41 AP 00391822 06/27/2018 ORONA, PATRICIA 700.00 0.00 700.00 AP 00391823 06/27/2018 OTT, LAURA 777.00 0.00 777.00 AP 00391824 06/27/2018 OTT, SHARON 666.00 0.00 666.00 AP 00391825 06/27/2018 PACIFIC TRUCK EQUIPMENT 8,055.85 0.00 8,055.85 AP 00391826 06/27/2018 PACIFIC UTILITY INSTALLATION INC 58,800.00 0.00 58,800.00 AP 00391827 06/27/2018 PARK, SOHYUN 4.36 0.00 4.36 AP 00391828 06/27/2018 PARS 3,500.00 0.00 3,500.00 AP 00391829 06/27/2018 PATCHETT & ASSOCIATES 2,289.66 0.00 2,289.66 AP 00391830 06/27/2018 PEP BOYS 15.00 0.00 15.00 AP 00391831 06/27/2018 PIP PRINTING 326.32 0.00 326.32 AP 00391832 06/27/2018 PORAC 303.30 0.00 303.30 AP 00391833 06/27/2018 PORAC LEGAL DEFENSE FUND 229.50 0.00 229.50 AP 00391834 06/27/2018 RANCHO CUCAMONGA QUAKES 4,765.00 0.00 4,765.00 AP 00391835 06/27/2018 RC COMMUNITY & ARTS FOUNDATION 3,969.00 0.00 3,969.00 AP 00391836 06/27/2018 RED WING SHOE STORE 380.46 0.00 380.46 AP 00391837 06/27/2018 REYES, MICHAEL 25.26 0.00 25.26 AP 00391838 06/27/2018 RF WHITE CO INC 1,772.49 0.00 1,772.49 AP 00391839 06/27/2018 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00391840 06/27/2018 ROSE BRAND WIPERS INC 390.32 0.00 390.32 AP 00391841 06/27/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 599.07 0.00 599.07 AP 00391842 06/27/2018 SAFEWAY SIGN COMPANY 5,628.32 0.00 5,628.32 AP 00391843 06/27/2018 SARMIENTO, DARRYL 40.47 0.00 40.47 AP 00391844 06/27/2018 SC FUELS 1,774.61 0.00 1,774.61 AP 00391845 06/27/2018 SCOTT, MICHAEL 998.08 0.00 998.08 AP 00391846 06/27/2018 SENECHAL, CALVIN 721.20 0.00 721.20 AP 00391847 06/27/2018 SHOETERIA 355.00 0.00 355.00 AP 00391848 06/27/2018 SIPHOMSAY, SID 200.00 0.00 200.00 AP 00391849 06/27/2018 SO CALIF GAS COMPANY 7,374.43 588.76 7,963.19 *** AP 00391853 06/27/2018 SOUTHERN CALIFORNIA EDISON 10,820.37 0.00 10,820.37 AP 00391854 06/27/2018 STORTM SELF STORAGE 545.00 0.00 545.00 AP 00391855 06/27/2018 STORAGE CONTAINER.COM 99.00 0.00 99.00 AP 00391856 06/27/2018 STOTZ EQUIPMENT 837.92 0.00 837.92 AP 00391857 06/27/2018 STOVER SEED COMPANY 3,717.38 0.00 3,717.38 AP 00391858 06/27/2018 SUMMIT INTERMEDIATE SCHOOL 207.50 0.00 207.50 AP 00391859 06/27/2018 SUN BADGE CO 96.71 0.00 96.71 AP 00391860 06/27/2018 SUNIGA, ALYCIA 30.78 0.00 30.78 AP 00391861 06/27/2018 SUNSHINE GROWERS NURSERY INC 226.28 0.00 226.28 AP 00391862 06/27/2018 SWARTZ, ALAN 27.00 0.00 27.00 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 57 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391863 06/27/2018 SYSCO LOS ANGELES INC 420.92 0.00 420.92 AP 00391864 06/27/2018 SYSTEMS SOURCE INC 5,991.38 0.00 5,991.38 AP 00391865 06/27/2018 THE COUNSELING TEAM INTERNATIONAL 0.00 1,800.00 1,800.00 AP 00391866 06/27/2018 TYUS, IDA 189.00 0.00 189.00 AP 00391867 06/27/2018 U.S. BANK PARS ACCT #6746022500 1,397.68 0.00 1,397.68 AP 00391868 06/27/2018 U.S. BANK PARS ACCT #6746022500 3,060.01 0.00 3,060.01 AP 00391869 06/27/2018 U.S. BANK PARS ACCT #6746022500 24,425.87 0.00 24,425.87 AP 00391870 06/27/2018 UNITED CEREBRAL PALSY OF INLAND EMPIRE 200.00 0.00 200.00 AP 00391871 06/27/2018 UNITED PACIFIC SERVICES INC 19,472.00 0.00 19,472.00 AP 00391872 06/27/2018 UPS 84.08 0.00 84.08 AP 00391873 06/27/2018 US POST OFFICE 11,000.00 0.00 11,000.00 AP 00391874 06/27/2018 VALLEY POWER SYSTEMS INC 0.00 14.40 14.40 AP 00391875 06/27/2018 VALVERDE SCHOOL OF PERFORMING ARTS 11,462.75 0.00 11,462.75 AP 00391876 06/27/2018 VEND U COMPANY 426.96 0.00 426.96 AP 00391877 06/27/2018 VERIZON WIRELESS - LA 101.33 0.00 101.33 AP 00391878 06/27/2018 VERIZON WIRELESS - LA 108.00 0.00 108.00 AP 00391879 06/27/2018 VIRANI, ROMIE 179.49 0.00 179.49 AP 00391880 06/27/2018 VORTEX INDUSTRIES INC 0.00 9,079.00 9,079.00 AP 00391881 06/27/2018 WALTERS WHOLESALE ELECTRIC CO 156.41 0.00 156.41 AP 00391882 06/27/2018 WAXIE SANITARY SUPPLY 2,966.85 0.00 2,966.85 AP 00391883 06/27/2018 WEST COAST VISUALS 150.00 0.00 150.00 AP 00391884 06/27/2018 WHITE HOUSE PHOTO INC 1,050.00 0.00 1,050.00 AP 00391885 06/27/2018 WHITTIER FERTILIZER 1,228.35 0.00 1,228.35 AP 00391886 06/27/2018 WILBUR-ELLIS COMPANY 3,988.68 0.00 3,988.68 AP 00391887 06/27/2018 WILSON, RYAN 500.00 0.00 500.00 AP 00391888 06/27/2018 WONDERS OF WILDLIFE INC 1,180.00 0.00 1,180.00 AP 00391889 06/27/2018 WU, TA -TE 822.64 0.00 822.64 AP 00391890 06/27/2018 YERO, ART 300.00 0.00 300.00 AP 00391891 06/27/2018 YORK INDUSTRIES 630.64 0.00 630.64 AP 00391892 06/28/2018 ABC LOCKSMITHS 2,750.11 1,484.54 4,234.65 *** AP 00391893 06/28/2018 AIRGAS USA LLC 0.00 143.73 143.73 AP 00391894 06/28/2018 CALSENSE 4,096.40 0.00 4,096.40 AP 00391895 06/28/2018 DEMCOINC 346.58 0.00 346.58 AP 00391896 06/28/2018 DUNN EDWARDS CORPORATION 183.51 228.26 411.77 *** AP 00391897 06/28/2018 EMCOR SERVICE 25,875.56 4,722.98 30,598.54 *** AP 00391898 06/28/2018 FORD OF UPLAND INC 2,676.02 0.00 2,676.02 AP 00391899 06/28/2018 GALLS LLC. 1,757.65 0.00 1,757.65 AP 00391900 06/28/2018 GENERATOR SERVICES CO 511.33 4,663.76 5,175.09 *** AP 00391901 06/28/2018 GOODYEAR TIRE AND RUBBER CO. 150.17 0.00 150.17 AP 00391902 06/28/2018 HOLLIDAY ROCK CO INC 1,245.06 0.00 1,245.06 AP 00391904 06/28/2018 OFFICE DEPOT 11,244.67 1,520.82 12,765.49 *** AP 00391905 06/28/2018 ORKIN PEST CONTROL 470.20 0.00 470.20 AP 00391906 06/28/2018 SIEMENS INDUSTRY INC 68,369.21 0.00 68,369.21 AP 00391907 06/28/2018 SITEONE LANDSCAPE SUPPLY LLC 5,695.32 0.00 5,695.32 AP 00391908 06/28/2018 SPINITAR 829.33 0.00 829.33 AP 00391909 06/28/2018 STABILIZER SOLUTIONS INC 2,025.00 0.00 2,025.00 AP 00391910 06/28/2018 TARGET SPECIALTY PRODUCTS 3,839.56 0.00 3,839.56 User: VLOPEZ - VERONICA LOPEZ Page: 15 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 58 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Cu Fire Amount AP 00391911 07/03/2018 3SI SECURITY SYSTEMS 1,080.00 0.00 1,080.00 AP 00391912 07/03/2018 A AND R TIRE SERVICE 3,307.24 0.00 3,307.24 AP 00391913 07/03/2018 ABLE BUILDING MAINTENANCE 3,116.50 0.00 3,116.50 AP 00391914 07/03/2018 ABOUT FACES ENTERTAINMENT LLC 1,080.00 0.00 1,080.00 AP 00391915 07/03/2018 ACEY DECY EQUIPMENT INC. 419.76 0.00 419.76 AP 00391916 07/03/2018 ADVANCED CHEMICAL TRANSPORT 1,376.50 0.00 1,376.50 AP 00391917 07/03/2018 AIR EXCHANGE INC 0.00 2,999.35 2,999.35 AP 00391918 07/03/2018 ALEXANDER, TONYA 87.00 0.00 87.00 AP 00391919 07/03/2018 ALL AMERICAN ASPHALT 63,549.22 0.00 63,549.22 AP 00391920 07/03/2018 ALL STATE POLICE EQUIPMENT CO. INC. 211.19 0.00 211.19 AP 00391921 07/03/2018 ALLIED UNIVERSAL SECURITY SERVICES 25,772.54 0.00 25,772.54 AP 00391922 07/03/2018 ALPHAGRAPHICS 1,132.14 0.00 1,132.14 AP 00391923 07/03/2018 AMTECH ELEVATOR SERVICES 150.00 0.00 150.00 AP 00391924 07/03/2018 APPLE INC. 526.25 0.00 526.25 AP 00391925 07/03/2018 ARS AMERICAN RESIDENTIAL 166.10 0.00 166.10 AP 00391926 07/03/2018 ASSI SECURITY 492.90 235.00 727.90 *** AP 00391927 07/03/2018 B & H 2,739.00 0.00 2,739.00 AP 00391928 07/03/2018 BLAINE WINDOW HARDWARE INC. 892.05 0.00 892.05 AP 00391929 07/03/2018 BOB'S MUFFLER SHOP 250.00 0.00 250.00 AP 00391930 07/03/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 27,331.13 0.00 27,331.13 AP 00391931 07/03/2018 C V W D 2,694.55 0.00 2,694.55 AP 00391932 07/03/2018 CABLE INC. 85,332.22 0.00 85,332.22 AP 00391933 07/03/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391934 07/03/2018 CALIFORNIA PROFESSIONAL ENGINEERING INC 21,128.00 0.00 21,128.00 AP 00391935 07/03/2018 CARAHSOFT TECHNOLOGY CORP 36,534.23 0.00 36,534.23 AP 00391936 07/03/2018 CARQUEST AUTO PARTS 674.66 0.00 674.66 AP 00391937 07/03/2018 CHARTER COMMUNICATIONS 9,727.51 4,370.12 14,097.63 *** AP 00391938 07/03/2018 CINTAS CORPORATION #150 0.00 483.12 483.12 AP 00391939 07/03/2018 CLARK, KAREN 270.00 0.00 270.00 AP 00391940 07/03/2018 COAST RECREATION INC 1,815.99 0.00 1,815.99 AP 00391941 07/03/2018 COMMERCIAL DOOR 346.50 0.00 346.50 AP 00391942 07/03/2018 COMMUNITY BANK 3,344.70 0.00 3,344.70 AP 00391943 07/03/2018 CONSOLIDATED ELECTRICAL DISTR INC 2,384.24 0.00 2,384.24 AP 00391944 07/03/2018 CREATIVE BRAIN LEARNING 693.00 0.00 693.00 AP 00391945 07/03/2018 CURTIS J DAHLE ARCHITECT 9,700.00 0.00 9,700.00 AP 00391946 07/03/2018 CV STRATEGIES 311.00 0.00 311.00 AP 00391947 07/03/2018 CWE 1,569.40 0.00 1,569.40 AP 00391948 07/03/2018 DANCE TERRIFIC 1,593.90 0.00 1,593.90 AP 00391949 07/03/2018 DANIELS, NOAH 479.98 0.00 479.98 AP 00391950 07/03/2018 DEPENDABLE COMPANY INC. 28.00 0.00 28.00 AP 00391951 07/03/2018 DORSEY, JEANETTE 37.56 0.00 37.56 AP 00391952 07/03/2018 EDWARD PROFESSIONAL ADVISORS 2,662.50 0.00 2,662.50 AP 00391953 07/03/2018 EIGHTH AVENUE ENTERPRISE LLC 362.04 0.00 362.04 AP 00391954 07/03/2018 ENN GEE CORP. 462.00 0.00 462.00 AP 00391955 07/03/2018 EXPRESS BRAKE SUPPLY 244.79 0.00 244.79 AP 00391956 07/03/2018 FACTORY MOTOR PARTS 0.00 1,720.27 1,720.27 AP 00391957 07/03/2018 FEDERAL EXPRESS CORP 42.60 0.00 42.60 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 59 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name City Fire Amount AP 00391958 07/03/2018 FIRST CLASS HEATING & AIR 4,568.45 0.00 4,568.45 AP 00391959 07/03/2018 FLEET SERVICES INC. 0.00 335.89 335.89 AP 00391960 07/03/2018 FRANKLIN TRUCK PARTS 0.00 316.74 316.74 AP 00391961 07/03/2018 FRANKLIN, TIANA 500.00 0.00 500.00 AP 00391962 07/03/2018 G AND M BUSINESS INTERIORS 565.92 0.00 565.92 AP 00391963 07/03/2018 GLOBALSTAR USA 170.94 0.00 170.94 AP 00391964 07/03/2018 GONZALEZ, CATHY 189.00 0.00 189.00 AP 00391965 07/03/2018 GRIFFIN STRUCTURES INC 14,994.00 0.00 14,994.00 AP 00391966 07/03/2018 HAAKER EQUIPMENT CO 134.45 0.00 134.45 AP 00391967 07/03/2018 HAULAWAY STORAGE CONTAINERS INC. 239.68 0.00 239.68 AP 00391968 07/03/2018 HEMSTEDT, SEAN 1,000.00 0.00 1,000.00 AP 00391969 07/03/2018 HERC RENTALS INC. 743.28 0.00 743.28 AP 00391970 07/03/2018 HERITAGE EDUCATION GROUP 125.00 0.00 125.00 AP 00391971 07/03/2018 HOME DEPOT CREDIT SERVICES 645 1,156.38 0.00 1,156.38 AP 00391972 07/03/2018 IMPRESSIONS GOURMET CATERING 196.64 0.00 196.64 AP 00391973 07/03/2018 INLAND EMPIRE HEALTH PLAN 1,000.00 0.00 1,000.00 AP 00391974 07/03/2018 INLAND VALLEY DANCE ACADEMY 1,492.20 0.00 1,492.20 AP 00391975 07/03/2018 INTELESYS ONE INC 1,920.98 0.00 1,920.98 AP 00391976 07/03/2018 K -K WOODWORKING 882.31 0.00 882.31 AP 00391977 07/03/2018 KEITH, JORRY 846.00 0.00 846.00 AP 00391978 07/03/2018 KURATA, HARUO 68.76 0.00 68.76 AP 00391979 07/03/2018 LOS ANGELES TIMES 499.66 0.00 499.66 AP 00391980 07/03/2018 MARIPOSA LANDSCAPES INC 20,889.10 0.00 20,889.10 AP 00391981 07/03/2018 MARQUEZ, EMMANUEL E 225.00 0.00 225.00 AP 00391982 07/03/2018 MATLOCK DESIGN BUILD INC 2,955.00 0.00 2,955.00 AP 00391983 07/03/2018 MAXWELL, ANTHONY 9.00 0.00 9.00 AP 00391984 07/03/2018 MCDONOUGH, HUBERT 69.42 0.00 69.42 AP 00391985 07/03/2018 MCMASTER CARR SUPPLY COMPANY 38.93 0.00 38.93 AP 00391986 07/03/2018 MELITA, GEORGE 762.94 0.00 762.94 AP 00391987 07/03/2018 MIJAC ALARM COMPANY 0.00 95.00 95.00 AP 00391988 07/03/2018 MINUTEMAN PRESS 0.00 1,500.24 1,500.24 AP 00391989 07/03/2018 MISSION REPROGRAPHICS 5.39 0.00 5.39 AP 00391990 07/03/2018 MORRIS, DOUG 250.00 0.00 250.00 AP 00391991 07/03/2018 MORRIS, RICHARD 90.00 0.00 90.00 AP 00391992 07/03/2018 MOUNTAIN MOTOR SPORTS 3,816.40 0.00 3,816.40 AP 00391993 07/03/2018 MUSICLAND 746.90 0.00 746.90 AP 00391994 07/03/2018 MUTUAL PROPANE 0.00 259.62 259.62 AP 00391995 07/03/2018 NATIONAL FIRE FIGHTER WILDLAND 0.00 95.90 95.90 AP 00391996 07/03/2018 NOAH GRANGE PACIFIC PRODUCTION SVCS INC 1,000.00 0.00 1,000.00 AP 00391997 07/03/2018 NUNNALLY, DONALD 1,218.80 0.00 1,218.80 AP 00391998 07/03/2018 ONWARD ENGINEERING 6,144.00 0.00 6,144.00 AP 00391999 07/03/2018 PACIFIC PREMIER BANK 0.00 17,061.21 17,061.21 AP 00392000 07/03/2018 PACIFIC YOUTH SPORTS 1,584.00 0.00 1,584.00 AP 00392001 07/03/2018 PATCHETT & ASSOCIATES 2,286.29 0.00 2,286.29 AP 00392002 07/03/2018 PETES ROAD SERVICE INC 177.41 0.00 177.41 AP 00392003 07/03/2018 PIP PRINTING 119.60 0.00 119.60 AP 00392004 07/03/2018 PIVOVAROFF, DORIS 32.00 0.00 32.00 User: VLOPEZ - VERONICA LOPEZ Page: 17 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 60 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00392005 07/03/2018 PRECISION GYMNASTICS 2,663.50 0.00 2,663.50 AP 00392006 07/03/2018 PRO SPRAY INC 4,803.57 0.00 4,803.57 AP 00392007 07/03/2018 PROMOTIONS TEES & MORE 771.90 0.00 771.90 AP 00392008 07/03/2018 PSA PRINT GROUP 88.36 0.00 88.36 AP 00392009 07/03/2018 RC CONSTRUCTION SERVICES INC 0.00 296,202.54 296,202.54 AP 00392010 07/03/2018 RICHARD WIGHTMAN CONSTRUCTION INC 6,400.00 0.00 6,400.00 AP 00392011 07/03/2018 RICHARD WIGHTMAN CONSTRUCTION INC 5,000.00 0.00 5,000.00 AP 00392012 07/03/2018 RICK ENGINEERING COMPANY 3,550.00 0.00 3,550.00 AP 00392013 07/03/2018 RJM DESIGN GROUP INC 7,101.95 0.00 7,101.95 AP 00392014 07/03/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 2,429.71 0.00 2,429.71 AP 00392015 07/03/2018 RYAN, LINDA 55.30 0.00 55.30 AP 00392016 07/03/2018 SAN BERNARDINO CO AUDITOR CONT 13,056.32 0.00 13,056.32 AP 00392017 07/03/2018 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 2,465.79 2,465.79 AP 00392018 07/03/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,494.04 0.00 3,494.04 AP 00392019 07/03/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 9,613.38 0.00 9,613.38 AP 00392020 07/03/2018 SAN BERNARDINO CTY 0.00 11,297.00 11,297.00 AP 00392021 07/03/2018 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00392022 07/03/2018 SBC TREASURER TAX COLLECTOR 300.00 0.00 300.00 AP 00392023 07/03/2018 SC FUELS 25,561.30 0.00 25,561.30 AP 00392024 07/03/2018 SC FUELS 0.00 3,630.06 3,630.06 AP 00392025 07/03/2018 SHRED IT USA LLC 190.95 0.00 190.95 AP 00392026 07/03/2018 SHRED PROS 0.00 220.00 220.00 AP 00392027 07/03/2018 SIGN SHOP, THE 0.00 816.28 816.28 AP 00392028 07/03/2018 SILVER & WRIGHT LLP 20,927.02 0.00 20,927.02 AP 00392029 07/03/2018 SO CALIF GAS COMPANY 663.89 0.00 663.89 AP 00392032 07/03/2018 SOUTHERN CALIFORNIA EDISON 16,778.78 1,389.62 18,168.40 *** AP 00392033 07/03/2018 SOUTHERN CALIFORNIA EDISON 75.35 0.00 75.35 AP 00392034 07/03/2018 SOUTHERN CALIFORNIA EDISON 2,227.29 0.00 2,227.29 AP 00392035 07/03/2018 STATEWIDE TOWING & RECOVERY 343.00 0.00 343.00 AP 00392036 07/03/2018 STORAGE CONTAINER.COM 198.00 0.00 198.00 AP 00392037 07/03/2018 SUNSHINE GROWERS NURSERY INC 311.38 0.00 311.38 AP 00392038 07/03/2018 SWEET DOUGH CAFE 900.00 0.00 900.00 AP 00392039 07/03/2018 TINT CITY WINDOW TINTING 60.00 0.00 60.00 AP 00392040 07/03/2018 TORRES, NICHOLAS REGGIE 275.00 0.00 275.00 AP 00392041 07/03/2018 UNIVERSAL MARTIAL ARTS CENTERS 406.00 0.00 406.00 AP 00392042 07/03/2018 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 15,000.00 0.00 15,000.00 AP 00392043 07/03/2018 UPS 59.37 0.00 59.37 AP 00392044 07/03/2018 UTILIQUEST 816.81 0.00 816.81 AP 00392045 07/03/2018 VERIZON WIRELESS - LA 0.00 4,462.91 4,462.91 AP 00392046 07/03/2018 VORTEX INDUSTRIES INC 4,100.00 0.00 4,100.00 AP 00392047 07/03/2018 WANG, EMMA 120.00 0.00 120.00 AP 00392048 07/03/2018 WAXIE SANITARY SUPPLY 2,189.74 0.00 2,189.74 AP 00392049 07/03/2018 WESTNET INC 0.00 83,314.53 83,314.53 AP 00392050 07/03/2018 WILBUR-ELLIS COMPANY 3,928.07 0.00 3,928.07 AP 00392051 07/03/2018 WILSON & BELL AUTO SERVICE 90.00 0.00 90.00 AP 00392052 07/03/2018 WORLD ELITE GYMNASTICS 210.00 0.00 210.00 AP 00392053 07/03/2018 ZAPATA, ALEX 203.72 0.00 203.72 User: VLOPEZ - VERONICA LOPEZ Page: 18 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 61 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name City Fire Amount AP 00392054 07/03/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00392055 07/03/2018 ALTA LOMA ASSISTED LIVING LLC 2,500.00 0.00 2,500.00 AP 00392056 07/03/2018 ALTA VISTA MOBILE HOME PARK 500.00 0.00 500.00 AP 00392057 07/03/2018 AMTECH ELEVATOR SERVICES 2,213.64 0.00 2,213.64 AP 00392058 07/03/2018 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00392059 07/03/2018 CALIFORNIA, STATE OF 1,318.48 0.00 1,318.48 AP 00392060 07/03/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00392061 07/03/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00392062 07/03/2018 CALIFORNIA, STATE OF 301.05 0.00 301.05 AP 00392063 07/03/2018 CALIFORNIA, STATE OF 312.88 0.00 312.88 AP 00392064 07/03/2018 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00392065 07/03/2018 CAWELTI, SEAN 666.00 0.00 666.00 AP 00392066 07/03/2018 CHAPARRAL HEIGHTS MOBILE HOME PARK 700.00 0.00 700.00 AP 00392067 07/03/2018 CORBIN & ASSOCIATES 385.00 0.00 385.00 AP 00392068 07/03/2018 DELTA DENTAL 1,469.88 0.00 1,469.88 AP 00392069 07/03/2018 DELTA DENTAL 41,271.21 0.00 41,271.21 AP 00392070 07/03/2018 EDUCATIONAL CREDIT MANAGEMENT CORP. 10.91 0.00 10.91 AP 00392071 07/03/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00392072 07/03/2018 FBI-LEEDA 650.00 0.00 650.00 AP 00392073 07/03/2018 FBI-LEEDA 650.00 0.00 650.00 AP 00392074 07/03/2018 FOLKENS, KIM 270.00 0.00 270.00 AP 00392075 07/03/2018 GROVES ON FOOTHILL, THE 300.00 0.00 300.00 AP 00392076 07/03/2018 HEDY, THOMAS 203.72 0.00 203.72 AP 00392077 07/03/2018 HEMSTEDT, SEAN 1,250.00 0.00 1,250.00 AP 00392078 07/03/2018 HOMETOWN AMERICA RAMONA VILLA 800.00 0.00 800.00 AP 00392079 07/03/2018 HUNT, KAREN 200.00 0.00 200.00 AP 00392080 07/03/2018 1 A A P CALIFORNIA DIVISION 150.00 0.00 150.00 AP 00392081 07/03/2018 IATSE NATIONAL HEALTH & WELFARE FUNDS 240.00 0.00 240.00 AP 00392082 07/03/2018 INCA THE PERUVIAN MUSIC & DANCE ENSEMBLE 2,300.00 0.00 2,300.00 AP 00392083 07/03/2018 INTERNATIONAL FOOTPRINT ASSOCIATION 40.00 0.00 40.00 AP 00392084 07/03/2018 JTS/OCASSP 159.00 0.00 159.00 AP 00392085 07/03/2018 KAISER FOUNDATION HEALTH PLAN INC 238,958.10 0.00 238,958.10 AP 00392086 07/03/2018 LANE, JUSTIN 203.72 0.00 203.72 AP 00392087 07/03/2018 MEYERS, JOHN 203.72 0.00 203.72 AP 00392088 07/03/2018 PARSAC 405,337.00 600,275.00 1,005,612.00 *** AP 00392089 07/03/2018 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00392090 07/03/2018 PLAYS FOR YOUNG AUDIENCES 1,000.00 0.00 1,000.00 AP 00392091 07/03/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00392092 07/03/2018 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00392093 07/03/2018 RKS ZONE INC. 5,000.00 0.00 5,000.00 AP 00392094 07/03/2018 RMC FACILITIES SERVICES 5,000.00 0.00 5,000.00 AP 00392095 07/03/2018 ROBINSON, NICK 500.00 0.00 500.00 AP 00392096 07/03/2018 SBPEA 1,620.17 0.00 1,620.17 AP 00392097 07/03/2018 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00392098 07/03/2018 TEXAS MEDICAL SCREENING LLC 445.00 0.00 445.00 AP 00392099 07/03/2018 TRIFYTT SPORTS 1,845.00 0.00 1,845.00 AP 00392100 07/03/2018 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 180.00 0.00 180.00 User: VLOPEZ - VERONICA LOPEZ Page: 19 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 62 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00392101 07/03/2018 UNITED WAY 108.00 0.00 108.00 AP 00392102 07/03/2018 WALTERS MUSIC AGENCY 300.00 0.00 300.00 AP 00392103 07/05/2018 AIRGAS USA LLC 0.00 104.04 104.04 AP 00392109 07/05/2018 BRODART BOOKS 18,422.73 0.00 18,422.73 AP 00392110 07/05/2018 EMCOR SERVICE 1,134.00 0.00 1,134.00 AP 00392111 07/05/2018 GENERATOR SERVICES CO 3,845.28 1,272.30 5,117.58 *** AP 00392112 07/05/2018 GOODYEAR TIRE AND RUBBER CO. 3,634.34 0.00 3,634.34 AP 00392113 07/05/2018 INTERSTATE BATTERIES 839.72 0.00 839.72 AP 00392114 07/05/2018 JOHNSON EQUIPMENT COMPANY 0.00 6,947.56 6,947.56 AP 00392115 07/05/2018 KME FIRE APPARATUS 0.00 423.89 423.89 AP 00392116 07/05/2018 LAWSON PRODUCTS INC 0.00 235.37 235.37 AP 00392117 07/05/2018 LN CURTIS AND SONS 0.00 12,206.72 12,206.72 AP 00392118 07/05/2018 OFFICE DEPOT 4,085.38 0.00 4,085.38 AP 00392119 07/05/2018 ORKIN PEST CONTROL 301.05 586.10 887.15 *** AP 00392120 07/05/2018 OVERDRIVE INC 319.99 0.00 319.99 AP 00392121 07/05/2018 SITEONE LANDSCAPE SUPPLY LLC 4,498.67 0.00 4,498.67 AP 00392122 07/05/2018 SNAP ON INDUSTRIAL 781.73 0.00 781.73 AP 00392123 07/05/2018 SUNRISE FORD 595.61 0.00 595.61 Total City: $4,035,635.94 Total Fire: $1,829,829.04 Grand Total:$5,865,4ZT-58 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 20 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 63 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: Lori E. Sassoon, Deputy City Manager/Administrative Services INITIATED BY: Tamara L. Layne, Finance Director Sandra G. Ramirez, Manag e me nt A nalyst III SUBJECT: CONSIDERATION TO RECEIVE AND FILE CURRENT INVESTMENT SCHEDULE AS OF JUNE 30, 2018. RECOMMENDATION: Staff recommends that the President and Members of the Board of Directors receive and file the attached current investment schedule for the Rancho Cucamonga Fire Protection District as of June 30, 2018. BACKGROUND: The attached investment schedule as of June 30, 2018 reflects cash and investments managed by the Finance/Treasury Management Division and is in conformity with the requirements of California Government Code Section 53601 and the Rancho Cucamonga Fire Protection District's adopted Investment Policy as approved by the President and Members of the Board of Directors on April 17, 2017. ANALYSIS: The District's Treasurer is required to submit a quarterly investment report to the President and Members of the Board of Directors in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the District Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 — Portfolio Management— Portfolio Summary June 30, 2018 Page 64 O U V M _ C d E OD T O N d cc U) p O 20 M L a .O �o = 7 U. ta O ' O a tia w S W em0 M W PO M 0 � g F o o rn m l o m m N CO W m O O 3 f- m M 0 I co co in r' t ID amo N C 2— N CO MN I m W N to m h � m rn o umi �O � Ol O t0 m mMm r W tM0 � (O CSD m v of o of o o C O N o 0 0 COD O o m o 0 0 n 0 m o o rn :5 0 N> {00 O M v e" Go m a m e W � w � f0 0 7 LL N 00 0 N r C 0 fV r C d c 0 N O } O m OCL � LY Page 65 tQg m O � H ayi c O •� N Y d h O N 0 0 0 N lL m aci y i2 Q !n m qQ m ul ip O O fC C G N cd c m� OOi O tN0 /N0_ O N A U as U. i 5 2 U Q W h O m O O O pj v v m o m N � m rn o umi �O � Ol O t0 m mMm r W tM0 � (O CSD m v of o of o o C O N o 0 0 COD O o m o 0 0 n 0 m o o rn :5 0 N> {00 O M v e" Go m a m :E " C a� m a E M v c m L N C O v E o d O_ L w � C d y E U.2 > 'v c_ c w y 0 CL 8.E QV5 L N O nE —.X .E N Q N C ami d O — � N m N E 0 c CL.?' 4% 7 E Q cc N L L •3 c d FE O O N �o w a - c c m L0 •� N WID N E C Z13 N L •C > E a Lo c o" °o L1 c o. cL. 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O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C N r 0 0 0 0 w 0 Q 0G 0 co w W O C 0 0 M A 0 o O < N N CO 1 o O co, Z Z e9 O o O o O O O 00 Q NO do O O O O C O C O O $ 0 01 t7 O 8 f0 fD t-- t=m 0 Y! cr7 M a 0 Z ro m f J M 0 Z LL F Z gW cnF W Z ego U E W o E c� . fq � 41 U c J O 2 M c LL LL C o C V C Q o 0 0 O co 0 i N N N N N N O N (p O O O O O O N M N 0 0 M N h C N r Q Z Z m m w Q t7 0 t-- t=m J a 0 Z J uj Q w O U U J Z, o zto a Z O lal lai S '� i U E m �' J J J d Z 0 Zy y ml LL j N W W W .rJ ww w LL W W = U S U c O � c c o m O V CL v o 0 uni O c$ CN g Q 0 w m om o V a c 7 U) N dH m G V A C 'y6 Z C O V O O N m Z Q m 0 N Cr 0 CJ C. N Lo W 1� 0 L U C) N O } � OM7 cM7 M to p � 41 V t0 � a to LL m m co g v m 0 W O V cu w c N E N c o0, ,CCD O N rn Q O J rn c Y N � U cc 0 U M 00 U � Q N N m N a� m N U O 0, ti N O � QUc°o m (D v Q) LL Page 69 r� o _. mo -FoLo Q. 4 C 7 y AD L Q\ Z'= N U) C) m m 1- U) rn c Y N � U cc 0 U M 00 U � Q N N m N a� m N U O 0, ti N O � QUc°o m (D v Q) LL Page 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ao of 0 0 0 0 0 i N N O O c CO) N N M Of i i A IA 0 e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i N N O O c co m a� v m } i M f9 } M s cc N r N t C 0 2 N r ". lb .1Z IB cc w w y m w w .y L m L 2 ,rz 4 Page 70 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ivan Rojer, Fire Chief Dean Rodia, Parks and Landscape Superintendent SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO.17- 143 WITH MARIPOSA LANDSCAPES, INC. FOR PARK MOWING AND FACILITY LANDSCAPE MAINTENANCE; ADD BI -WEEKLY ROUTINE LANDSCAPE MAINTENANCE AT JERSEY STATION (174)/TRAINING CENTER/FIRE SHOP, WITH A VALUE OF $43,950 FOR FY2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $281,700 OVER THE SIX YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the Board of Directors approve Amendment No. 2 to contract CO 17-143 with Mariposa Landscapes, Inc. extending the term of the contract to June 30, 2019; add bi-weekly routine landscape maintenance at Jersey Station (174)/Training Center/Fire Shop, with a value of $43,950 for FY 2018-2019, and an estimated total contract value of $281,700 over the six years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, the Board of Directors accepted the bids received and awarded contract CO 17-143 for Landscape and Irrigation Maintenance on the "Park Mowing and Facility Landscape Maintenance" to Mariposa Landscapes, Inc. This contract has an option to renew in one year increments up to a total of seven years. If approved, Amendment 2 to contract CO 17-143 will extend the term of the contract to June 30, 2019 with a 3.8% rate increase and the addition of bi-weekly routine landscape maintenance at Jersey Station (174)/Training Center/Fire Shop, to reinstate those services after the completion of the Training Center construction project, with no other changes to the scope of work or other terms and conditions. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.8% rate increase. The requested increase is consistent with the change in the Los Angeles - Long Beach - Anaheim Consumer Price I ndex (CPI -U). In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Page 71 Fiscal Year Routine Maintenance Est. Annual Increase (4%) Total Routine Maintenance Extra Work Grand Total/ Fiscal Year 2018/2019 $ 28,280 $ - $ 28,280 $ 15,670 $ 43,950 2019/2020 $ 28,280 $ 1,140 $ 29,420 $ 15,670 $ 45,090 2020/2021 $ 29,420 $ 1,180 $ 30,600 $ 15,670 $ 46,270 2021/2022 $ 30,600 $ 1,230 $ 31,830 $ 15,670 $ 47,500 2022/2023 $ 31,830 $ 1,280 $ 33,110 $ 15,670 $ 48,780 2023/2024 $ 33,110 $ 1,330 $ 34,440 $ 15,670 $ 50,110 Grand Total $ 281,700 Mariposa Landscapes, Inc. continues to provide great service to the District. Staff recommends the Board approve the renewal of contract CO 17-143 effective July 1, 2018 and approve the spending limit of $43,950 for FY 2018/2019 and the estimated total contract value of $281,700 over the six years remaining on the contract. An additional $5,121,310 over six years for the maintenance of City landscapes will be considered separately by the City Council. FISCAL IMPACT: All contract rates are within the approved landscape maintenance budget line item in Fire Fund 3281529 (Fire Facilities Maintenance) for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 2 Page 72 AMENDMENT NO. 2 to Professional Services Agreement (CO #17-143) between Mariposa Landscapes, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") and Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17- 143 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $803,660 ($303,860 for routine maintenance and $499,800 for extra work) for City facilities and $43,950 ($28,280 for routine maintenance and $15,670 for extra work) for RCFPD facilities during the period July 1, 2018 through June 30, 2019. Routine maintenance shall be performed at service level A per contract specifications. Said extension will be in accordance with contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the second year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work 3.8%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. Item 3: Add bi-weekly routine landscape maintenance at the Jersey Station (174)/Training Center/Fire Shop per Contractor's proposal attached hereto as Exhibit C. All other Terms and Conditions of the original Agreement CO# 17-143, 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 and District no later than July 12, 2018. The City and RCFPD will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Mariposa Landscapes, Inc. City of Rancho Cucamonga By: By: Name Date Name Date Title Title Rancho Cucamonga Fire Protection District By: By: Name Date Name Date Title Title (two signatures required if corporation) Page 73 M A R A N D S April 26, 2018 City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 Attn: Paul Fisher Exhibit A 1 P 0 S A C A P E S I N C Subject: 2018-2019 Landscape Maintenance Contract Extensions for CO 17-140, CO 17-142 and CO 17-143 Dear Mr. Fisher: This letter shall serve as a request to extend our current landscape maintenance contract agreements for an additional year ending June 30, 2019. The extension will be subject to a CPI based increase to help us cover increased labor, insurance, and other operating costs. Section 2 of the contracts state that Parties to this Agreement shall have the option to renew in one (1) year increments to a total of seven (7) 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. Mariposa Landscapes would like to hereby request a 3.8% CPI based increase, to be equally applied to the current contracts prices and extra work rates. This increase is based on the most recent publication for the month of March, 2018 for the Los Angeles, Riverside and Orange Counties. The increase will become effective July 1, 2018. I would like to take this opportunity to thank you for allowing Mariposa Landscape, Inc. to provide quality maintenance services to the City of Rancho Cucamonga. Sincerely, Antonio Karraa — Area Manager Mariposa Landscapes, Inc. Antonio.karraa@mariposa-ca. com (626) 931 -6712 -cell <�19 TEL 800 • 794 • 9458 EAX 626 • 960 • 8477 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 74 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Archibald Library Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Pest Control (901-1) 1 LS 34.25400 $ 34.25 $ 411.00 Tree Maintenance (901-2) 1 LS 34.25400 $ 34.25 $ 411.00 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,810 SF 0.02730 $ 377.01 $ 4,524.12 Irrigation Maintenance (901-5) 1 LS 157.56840 $ 157.57 $ 1,890.84 Hardscape Maintenance (901-6) 1 LS 82.20960 $ 82.21 $ 986.52 Total Cost at Service Level A $ 685.29 $ 8,223.48 Service Level B Pest Control (901-1) 1 LS 33.52740 $ 33.53 $ 402.36 Tree Maintenance (901-2) 1 LS 33.52740 $ 33.53 $ 402.36 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,810 SF 0.02670 $ 368.73 $ 4,424.76 Irrigation Maintenance (901-5) 1 LS 154.22610 $ 154.23 $ 1,850.76 Hardscape Maintenance (901-6) 1 LS 80.46580 $ 80.47 $ 965.64 Total Cost at Service Level B $ 670.49 $ 8,045.88 Service Level C Pest Control (901-1) 1 LS 31.65900 $ 31.66 $ 379.92 Tree Maintenance (901-2) 1 LS 31.65900 $ 31.66 $ 379.92 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,810 SF 0.02530 $ 349.39 $ 4,192.68 Irrigation Maintenance (901-5) 1 LS 145.63140 $ 145.63 $ 1,747.56 Hardscape Maintenance (901-6) 1 LS 75.98160 $ 75.98 $ 911.76 Total Cost at Service Level C $ 634.32 $ 7,611.84 1of12 Page 75 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Foothill Service Level A Unit Cost Pest Control (901-1) 1 LS 103.94540 $ 103.95 $ 1,247.40 Tree Maintenance (901-2) 1 LS 155.91800 $ 155.92 $ 1,871.04 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 105,200 SF 0.02480 $ 2,608.96 $ 31,307.52 Irrigation Maintenance (901-5) 1 LS 519.72660 $ 519.73 $ 6,236.76 Hardscape Maintenance (901-6) 1 LS 259.86330 $ 259.86 $ 3,118.32 Trail Maintenance (901-7) 1 LS 519.72660 $ 519.73 $ 6,236.76 Trash Receptacle Maintenance (901-9) 1 LS 259.86330 $ 259.86 $ 3,118.32 Restroom Building Maintenance (901-10) 1 LS 779.58990 $ 779.59 $ 9,355.08 Total Cost at Service Level A $ 5,207.60 $ 62,491.20 Service Level B Pest Control (901-1) 1 LS 102.03540 $ 102.04 $ 1,224.48 Tree Maintenance (901-2) 1 LS 153.05310 $ 153.05 $ 1,836.60 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 105,200 SF 0.02430 $ 2,556.36 $ 30,676.32 Irrigation Maintenance (901-5) 1 LS 510.17700 $ 510.18 $ 6,122.16 Hardscape Maintenance (901-6) 1 LS 255.08850 $ 255.09 $ 3,061.08 Trail Maintenance (901-7) 1 LS 510.17700 $ 510.18 $ 6,122.16 Trash Receptacle Maintenance (901-9) 1 LS 255.08850 $ 255.09 $ 3,061.08 Restroom Building Maintenance (901-10) 1 LS 765.26550 $ 765.27 $ 9,183.24 Total Cost at Service Level B $ 5,107.26 $ 61,287.12 Service Level C Pest Control (901-1) 1 LS 95.80740 $ 95.81 $ 1,149.72 Tree Maintenance (901-2) 1 LS 143.71110 $ 143.71 $ 1,724.52 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 105,200 SF 0.02280 $ 2,398.56 $ 28,782.72 Irrigation Maintenance (901-5) 1 LS 479.03700 $ 479.04 $ 5,748.48 Hardscape Maintenance (901-6) 1 LS 239.51850 $ 239.52 $ 2,874.24 Trail Maintenance (901-7) 1 LS 479.03700 $ 479.04 $ 5,748.48 Trash Receptacle Maintenance (901-9) 1 LS 239.51850 $ 239.52 $ 2,874.24 Restroom Building Maintenance (901-10) 1 LS 718.55550 $ 718.56 $ 8,622.72 Total Cost at Service Level C $ 4,793.76 $ 57,525.12 2of12 Page 76 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase -ions Park Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Pest Control (901-1) 1 LS 56.25960 $ 56.26 $ 675.12 Tree Maintenance (901-2) 1 LS 56.25960 $ 56.26 $ 675.12 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) 23,330 SF 0.05910 $ 1,378.80 $ 16,545.60 33,565 SF 0.01510 $ 506.83 $ 6,081.96 Irrigation Maintenance (901-5) 1 LS 337.55760 $ 337.56 $ 4,050.72 Hardscape Maintenance (901-6) 1 LS 112.51920 $ 112.52 $ 1,350.24 Mulchscape Maintenance (901-8) 1,000 SF 0.19700 $ 197.00 $ 2,364.00 Trash Receptacle Maintenance (901-9) 1 LS 168.77880 $ 168.78 $ 2,025.36 Restroom Building Maintenance (901-10) 0 LS 0.00000 $ - $ - Total Cost at Service Level A $ 2,814.01 $ 33,768.12 Service Level B Pest Control (901-1) 1 LS 55.22160 $ 55.22 $ 662.64 Tree Maintenance (901-2) 1 LS 55.22160 $ 55.22 $ 662.64 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 23,330 SF 0.05810 $ 1,355.47 $ 16,265.64 Turf Maintenance (901-5) 33,565 SF 0.01490 $ 500.12 $ 6,001.44 Irrigation Maintenance (901-5) 1 LS 331.32960 $ 331.33 $ 3,975.96 Hardscape Maintenance (901-6) 1 LS 110.44320 $ 110.44 $ 1,325.28 Trail Maintenance (901-7) 1,000 SF 0.19330 $ 193.30 $ 2,319.60 Trash Receptacle Maintenance (901-9) 1 LS 165.66480 $ 165.66 $ 1,987.92 Restroom Building Maintenance (901-10) 0 LS 0.00000 $ - $ - Total Cost at Service Level B $ 2,766.76 $ 33,201.12 Service Level C Pest Control (901-1) Tree Maintenance (901-2) Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) Irrigation Maintenance (901-5) Hardscape Maintenance (901-6) 1 LS 50.82050 $ 50.82 $ 609.84 1 LS 50.82050 $ 50.82 $ 609.84 23,330 SF 0.05340 $ 1,245.82 $ 14,949.84 33,565 SF 0.01360 $ 456.48 $ 5,477.76 1 LS 304.92290 $ 304.92 $ 3,659.04 1 LS 101.64100 $ 101.64 $ 1,219.68 Trail Maintenance (901-7) 1,000 SF 0.17800 $ 178.00 $ 2,136.00 Trash Receptacle Maintenance (901-9) 1 LS 152.46150 $ 152.46 $ 1,829.52 Restroom Building Maintenance (901-10) 0 LS 0.00000 $ - $ - Total Cost at Service Level C $ 2,540.96 $ 30,491.52 3of12 Page 77 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Family Resource Center Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Pest Control (901-1) 1 LS 33.73500 $ 33.74 $ 404.88 Tree Maintenance (901-2) 1 LS 33.73500 $ 33.74 $ 404.88 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,360 SF 0.02790 $ 372.74 $ 4,472.88 Irrigation Maintenance (901-5) 1 LS 155.18100 $ 155.18 $ 1,862.16 Hardscape Maintenance (901-6) 1 LS 80.96400 $ 80.96 $ 971.52 Total Cost at Service Level A $ 676.36 $ 8,116.32 Service Level B Pest Control (901-1) 1 LS 33.06030 $ 33.06 $ 396.72 Tree Maintenance (901-2) 1 LS 33.06030 $ 33.06 $ 396.72 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,360 SF 0.02720 $ 363.39 $ 4,360.68 Irrigation Maintenance (901-5) 1 LS 152.07740 $ 152.08 $ 1,824.96 Hardscape Maintenance (901-6) 1 LS 79.34480 $ 79.34 $ 952.08 Total Cost at Service Level B $ 660.93 $ 7,931.16 Service Level C Pest Control (901-1) 1 LS 30.46530 $ 30.47 $ 365.64 Tree Maintenance (901-2) 1 LS 30.46530 $ 30.47 $ 365.64 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,360 SF 0.02520 $ 336.67 $ 4,040.04 Irrigation Maintenance (901-5) 1 LS 140.14040 $ 140.14 $ 1,681.68 Hardscape Maintenance (901-6) 1 LS 73.11680 $ 73.12 $ 877.44 Total Cost at Service Level C $ 610.87 $ 7,330.44 Park QuantityEllena Unit Cost Service Level A Turf Maintenance (901-5) 170,188 SF 0.00380 $ 646.71 $ 7,760.52 Total Cost at Service Level A $ 646.71 $ 7,760.52 Service Level B Turf Maintenance (901-5) 170,188 SF 0.00380 $ 646.71 $ 7,760.52 Total Cost at Service Level B $ 646.71 $ 7,760.52 Service Level C Turf Maintenance (901-5) 170,188 SF 0.00290 $ 493.55 $ 5,922.60 Total Cost at Service Level C $ 493.55 $ 5,922.60 4of12 Page 78 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Kenyon Park Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Turf Maintenance (901-5) 215,814 SF 0.00380 $ 820.09 $ 9,841.08 Total Cost at Service Level A $ 820.09 $ 9,841.08 Service Level B Turf Maintenance (901-5) 215,814 SF 0.00380 $ 820.09 $ 9,841.08 Total Cost at Service Level B $ 820.09 $ 9,841.08 Service Level C Turf Maintenance (901-5) 215,814 SF 0.00290 $ 625.86 $ 7,510.32 Total Cost at Service Level C $ 625.86 $ 7,510.32 ArborsVictoria Service Level A Quantity Unit Cost Turf Maintenance (901-5) 219,197 SF 0.00380 $ 832.95 $ 9,995.40 Total Cost at Service Level A $ 832.95 $ 9,995.40 Service Level B Turf Maintenance (901-5) 219,197 SF 0.00380 $ 832.95 $ 9,995.40 Total Cost at Service Level B $ 832.95 $ 9,995.40 Service Level C Turf Maintenance (901-5) 219,197 SF 0.00290 $ 635.67 $ 7,628.04 Total Cost at Service Level C $ 635.67 $ 7,628.04 Groves Park Service Level A QuantityVictoria Unit Cost Turf Maintenance (901-5) 193,378 SF 0.00380 $ 734.84 $ 8,818.08 Total Cost at Service Level A $ 734.84 $ 8,818.08 Service Level B Turf Maintenance (901-5) 193,378 SF 0.00380 $ 734.84 $ 8,818.08 Total Cost at Service Level B $ 734.84 $ 8,818.08 Service Level C Turf Maintenance (901-5) 193,378 SF 0.00290 $ 560.80 $ 6,729.60 Total Cost at Service Level C $ 560.80 $ 6,729.60 5of12 Page 79 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Vintage Park Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Turf Maintenance (901-5) 231,250 SF 0.00380 $ 878.75 $ 10,545.00 Total Cost at Service Level A $ 878.75 $ 10,545.00 Service Level B Turf Maintenance (901-5) 231,250 SF 0.00380 $ 878.75 $ 10,545.00 Total Cost at Service Level B $ 878.75 $ 10,545.00 Service Level C Turf Maintenance (901-5) 231,250 SF 0.00270 $ 624.38 $ 7,492.56 Total Cost at Service Level C $ 624.38 $ 7,492.56 Park Service Level A QuantityWindrows Unit Cost Turf Maintenance (901-5) 276,078 SF 0.00380 $ 1,049.10 $ 12,589.20 Total Cost at Service Level A $ 1,049.10 $ 12,589.20 Service Level B Turf Maintenance (901-5) 276,078 SF 0.00380 $ 1,049.10 $ 12,589.20 Total Cost at Service Level B $ 1,049.10 $ 12,589.20 Service Level C Turf Maintenance (901-5) 276,078 SF 0.00290 $ 800.63 $ 9,607.56 Total Cost at Service Level C $ 800.63 $ 9,607.56 6of12 Page 80 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Metrolink Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Pest Control (901-1) 1 LS 117.70920 $ 117.71 $ 1,412.52 Tree Maintenance (901-2) 1 LS 117.70920 $ 117.71 $ 1,412.52 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 47,650 SF 0.02820 $ 1,343.73 $ 16,124.76 Irrigation Maintenance (901-5) 1 LS 400.21130 $ 400.21 $ 4,802.52 Hardscape Maintenance (901-6) 1 LS 235.41840 $ 235.42 $ 2,825.04 Trash Receptacle Maintenance (901-9) 1 LS 141.25110 $ 141.25 $ 1,695.00 Total Cost at Service Level A $ 2,356.03 $ 28,272.36 Service Level B Pest Control (901-1) 1 LS 130.94370 $ 130.94 $ 1,571.28 Tree Maintenance (901-2) 1 LS 130.94370 $ 130.94 $ 1,571.28 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 47,650 SF 0.02490 $ 1,186.49 $ 14,237.88 Irrigation Maintenance (901-5) 1 LS 445.20860 $ 445.21 $ 5,342.52 Hardscape Maintenance (901-6) 1 LS 261.88740 $ 261.89 $ 3,142.68 Trash Receptacle Maintenance (901-9) 1 LS 157.13250 $ 157.13 $ 1,885.56 Total Cost at Service Level B $ 2,312.60 $ 27,751.20 Service Level C Pest Control (901-1) Tree Maintenance (901-2) Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Irrigation Maintenance (901-5) 1 LS 106.29120 $ 106.29 $ 1,275.48 1 LS 106.29120 $ 106.29 $ 1,275.48 47,650 SF 0.02550 $ 1,215.08 $ 14,580.96 1 LS 361.39010 $ 361.39 $ 4,336.68 Hardscape Maintenance (901-6) 1 LS 212.58240 $ 212.58 $ 2,550.96 Trash Receptacle Maintenance (901-9) 1 LS 127.54950 $ 127.55 $ 1,530.60 Total Cost at Service Level C $ 2,129.18 $ 25,550.16 CoyoteQuantity Service Level A Unit Cost Turf Maintenance (901-5) 141,200 SF 0.00380 $ 536.56 $ 6,438.72 Total Cost at Service Level A $ 536.56 $ 6,438.72 Service Level B Turf Maintenance (901-5) 141,200 SF 0.00380 $ 536.56 $ 6,438.72 Total Cost at Service Level B $ 536.56 $ 6,438.72 Service Level C Turf Maintenance (901-5) 141,200 SF 0.00370 $ 522.44 $ 6,269.28 Total Cost at Service Level C $ 522.44 $ 6,269.28 7of12 Page 81 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Milliken Park Service Level A Unit Monthly Unit Cost Monthly Cost Annual Cost Turf Maintenance (901-5) 109,121 SF 0.00390 $ 425.57 $ 5,106.84 Total Cost at Service Level A $ 425.57 $ 5,106.84 Service Level B Turf Maintenance (901-5) 109,121 SF 0.00380 $ 414.66 $ 4,975.92 Total Cost at Service Level B $ 414.66 $ 4,975.92 Service Level C Turf Maintenance (901-5) 109,121 SF 0.00290 $ 316.45 $ 3,797.40 Total Cost at Service Level C $ 316.45 $ 3,797.40 View Park Service Level A QuantityMountain Unit Cost Turf Maintenance (901-5) 141,052 SF 0.00380 $ 536.00 $ 6,432.00 Total Cost at Service Level A $ 536.00 $ 6,432.00 Service Level B Turf Maintenance (901-5) 141,052 SF 0.00380 $ 536.00 $ 6,432.00 Total Cost at Service Level B $ 536.00 $ 6,432.00 Service Level C Turf Maintenance (901-5) 141,052 SF 0.00370 $ 521.89 $ 6,262.68 Total Cost at Service Level C $ 521.89 $ 6,262.68 Park Service Level A QuantityLewis Unit Cost Turf Maintenance (901-5) 169,788 SF 0.00380 $ 645.19 $ 7,742.28 Total Cost at Service Level A $ 645.19 $ 7,742.28 Service Level B Turf Maintenance (901-5) 169,788 SF 0.00380 $ 645.19 $ 7,742.28 Total Cost at Service Level B $ 645.19 $ 7,742.28 Service Level C Turf Maintenance (901-5) 169,788 SF 0.00360 $ 611.24 $ 7,334.88 Total Cost at Service Level C $ 611.24 $ 7,334.88 8of12 Page 82 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Spruce Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 152,868 SF 0.00380 $ 580.90 $ 6,970.80 Total Cost at Service Level A $ 580.90 $ 6,970.80 Service Level B Turf Maintenance (901-5) 152,868 SF 0.00380 $ 580.90 $ 6,970.80 Total Cost at Service Level B $ 580.90 $ 6,970.80 Service Level C Turf Maintenance (901-5) 152,868 SF 0.00290 $ 443.32 $ 5,319.84 Total Cost at Service Level C $ 443.32 $ 5,319.84 Greenway Park Service Level A QuantityWest Unit Cost Turf Maintenance (901-5) 244,060 SF 0.00380 $ 927.43 $ 11,129.16 Total Cost at Service Level A $ 927.43 $ 11,129.16 Service Level B Turf Maintenance (901-5) 244,060 SF 0.00380 $ 927.43 $ 11,129.16 Total Cost at Service Level B $ 927.43 $ 11,129.16 Service Level C Turf Maintenance (901-5) 244,060 SF 0.00290 $ 707.77 $ 8,493.24 Total Cost at Service Level C $ 707.77 $ 8,493.24 Etiwanda Creek Park Service Level A Quantity Unit Cost Turf Maintenance (901-5) 180,981 SF 0.00380 $ 687.73 $ 8,252.76 Total Cost at Service Level A $ 687.73 $ 8,252.76 Service Level B Turf Maintenance (901-5) 180,981 SF 0.00380 $ 687.73 $ 8,252.76 Total Cost at Service Level B $ 687.73 $ 8,252.76 Service Level C Turf Maintenance (901-5) 180,981 SF 0.00290 $ 524.84 $ 6,298.08 Total Cost at Service Level C $ 524.84 $ 6,298.08 9of12 Page 83 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase 3arcia Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 167,511 SF 0.00380 $ 636.54 $ 7,638.48 Total Cost at Service Level A $ 636.54 $ 7,638.48 Service Level B Turf Maintenance (901-5) 167,511 SF 0.00380 $ 636.54 $ 7,638.48 Total Cost at Service Level B $ 636.54 $ 7,638.48 Service Level C Turf Maintenance (901-5) 167,511 SF 0.00290 $ 485.78 $ 5,829.36 Total Cost at Service Level C $ 485.78 $ 5,829.36 Day Creek Park Service Level A Quantity Unit Cost Turf Maintenance (901-5) 189,229 SF 0.00380 $ 719.07 $ 8,628.84 Total Cost at Service Level A $ 719.07 $ 8,628.84 Service Level B Turf Maintenance (901-5) 189,229 SF 0.00380 $ 719.07 $ 8,628.84 Total Cost at Service Level B $ 719.07 $ 8,628.84 Service Level C Turf Maintenance (901-5) 189,229 SF 0.00290 $ 548.76 $ 6,585.12 Total Cost at Service Level C $ 548.76 $ 6,585.12 Park Service Level A QuantityLegacy Unit Cost Turf Maintenance (901-5) 172,673 SF 0.00380 $ 656.16 $ 7,873.92 Total Cost at Service Level A $ 656.16 $ 7,873.92 Service Level B Turf Maintenance (901-5) 172,673 SF 0.00380 $ 656.16 $ 7,873.92 Total Cost at Service Level B $ 656.16 $ 7,873.92 Service Level C Turf Maintenance (901-5) 172,673 SF 0.00290 $ 500.75 $ 6,009.00 Total Cost at Service Level C $ 500.75 $ 6,009.00 10 of 12 Page 84 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Olive Unit Cost Service Level A Turf Maintenance (901-5) 273,961 SF 0.00380 $ 1,041.05 $ 12,492.60 Total Cost at Service Level A $ 1,041.05 $ 12,492.60 Service Level B Turf Maintenance (901-5) 273,961 SF 0.00380 $ 1,041.05 $ 12,492.60 Total Cost at Service Level B $ 1,041.05 $ 12,492.60 Service Level C Turf Maintenance (901-5) 273,961 SF 0.00290 $ 794.49 $ 9,533.88 Total Cost at Service Level C $ 794.49 $ 9,533.88 Summit Park Service Level A QuantityRancho Unit Cost Turf Maintenance (901-5) 323,036 SF 0.00380 $ 1,227.54 $ 14,730.48 Total Cost at Service Level A $ 1,227.54 $ 14,730.48 Service Level B Turf Maintenance (901-5) 323,036 SF 0.00380 $ 1,227.54 $ 14,730.48 Total Cost at Service Level B $ 1,227.54 $ 14,730.48 Service Level C Turf Maintenance (901-5) 323,036 SF 0.00290 $ 936.80 $ 11,241.60 Total Cost at Service Level C $ 936.80 $ 11,241.60 11 of 12 Page 85 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Fire Station 175 Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Pest Control (901-1) 1 LS 62.69520 $ 62.70 $ 752.40 Tree Maintenance (901-2) 1 LS 62.69520 $ 62.70 $ 752.40 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) 20,770 SF 0.03330 $ 691.64 $ 8,299.68 4,600 SF 0.04360 $ 200.56 $ 2,406.72 Irrigation Maintenance (901-5) 1 LS 150.46850 $ 150.47 $ 1,805.64 Hardscape Maintenance (901-6) 1 LS 87.77330 $ 87.77 $ 1,053.24 Total Cost at Service Level A $ 1,255.84 $ 15,070.08 Service Level B Pest Control (901-1) 1 LS 61.44960 $ 61.45 $ 737.40 Tree Maintenance (901-2) 1 LS 61.44960 $ 61.45 $ 737.40 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 20,770 SF 0.03260 $ 677.10 $ 8,125.20 Turf Maintenance (901-5) 4,600 SF 0.04280 $ 196.88 $ 2,362.56 Irrigation Maintenance (901-5) 1 LS 147.47910 $ 147.48 $ 1,769.76 Hardscape Maintenance (901-6) 1 LS 86.02950 $ 86.03 $ 1,032.36 Total Cost at Service Level B $ 1,230.39 $ 14,764.68 Service Level C Pest Control (901-1) Tree Maintenance (901-2) Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) Irrigation Maintenance (901-5) 1 LS 57.09000 $ 57.09 $ 685.08 1 LS 57.09000 $ 57.09 $ 685.08 20,770 SF 0.03030 $ 629.33 $ 7,551.96 4,600 SF 0.03980 $ 183.08 $ 2,196.96 1 LS 137.01600 $ 137.02 $ 1,644.24 Hardscape Maintenance (901-6) 1 LS 79.92600 $ 79.93 $ 959.16 Total Cost at Service Level C $ 1,143.54 $ 13,722.48 Extra Work Schedule Hourly Labor Rate Including Overhead Unit Unit Cost General Laborer HR $ 36.33 Skilled Laborer HR $ 41.52 Irrigation Repair Technician HR $ 49.83 Licensed or Certified Chemical Applicator HR $ 57.09 12 of 12 Page 86 Exhibit C M A F 0 S A L A N D S C A P E S I N C PROPOSAL June 14, 2018 Chris Gilli - Maintenance Supervisor City of Rancho Cucamonga 9153 Ninth St Rancho Cucamonga, CA 91730-0807 Re: Fire station 174 - Landscape Maintenance Description This proposal provides for all labor, material, and equipment to provide Landscape Maintenance Services at the Fire Station #174 located at 11297 Jersey Blvd, Rancho Cucamonga, CA 91730 Price Total monthly price for above described work (by -weekly service) .........$1,095 Total monthly price for above described work (weekly service) ...............$1,885 Terms: Total due upon completion. Exclusions: Irrigation repairs, any unforeseen underground obstacles, and anything not mentioned. Time Project start date is currently 10 days after acceptance. Limits Time limit for the acceptance of this proposal is 30 calendar days from the above date. Respectfully submitted, Antonio Karraa - Area Manager Antonio.karraaa@mariposa-ca.com 626-931-6712 cell Chris Gilli Signature and Date Page Number 1 of 1 Pages. I:\PWSD\- PARKS - LANDSCAPES - TRAILS - TREES -\CONTRACTS & AGREEMENTS\-- Mariposa --NCO 17-143 Park Mowing and Facility Landscapes\Contract\2018-2019\Fire Station 174.doc Document last edited by Andres Perez on Monday, June 18, 2018 at 8:48:19 AM <�13 15529 ARROW HIGHWAY, IRWINDALE, CA 91706 CA. LANDSCAPE CONTRACTORS LICENSE NO. 592268 TEL. 626 . 960 . 0196 FAX 626 . 960 . 8477 Page 87 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ivan Rojer, Fire Chief SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO.16- 114 WITH EMCOR SERVICES/MESA ENERGY SYSTEMS FOR CITYWIDE HVAC MAINTENANCE AND REPAIR SERVICES, WITH A VALUE OF $45,000 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $184,800 OVER THE FOUR YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the Board of Directors approve Amendment No. 3 to contract CO 16-114 with EMCOR Services/Mesa Energy Systems extending the term of the contract to June 30, 2019, with a value of $45,000 for FY 2018-2019, and an estimated total contract value of $184,800 over the four years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On April 20, 2016, the Board of Directors accepted the bids received and awarded contract CO 16-114 for "Citywide HVAC Maintenance and Repairs" to EMCOR Services/Mesa Energy Systems. This contract has an option to renew in one year increments up to a total of six years ending June 30, 2022. If approved, Amendment 3 to contract CO 16-114 will extend the term of the contract to June 30, 2019 with no changes to the scope of work, pricing, or other terms and conditions. ANALYSIS: EMCOR/Mesa has submitted a Letter of Intent expressing their desire to continue providing service to the Rancho Cucamonga Fire Protection District during 2018/2019 with no rate increases. In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, below is a chart to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Maintenance Est. Annual Increase (4%) Total Routine Maintenance Extra Work Grand Total/ Fiscal Year 2018/2019 $ 19,340 $ - $ 19,340 $ 25,660 $ 45,000 2019/2020 $ 19,340 $ 780 $ 20,120 $ 25,660 $ 45,780 2020/2021 $ 20,120 $ 810 $ 20,930 $ 25,660 $ 46,590 2021/2022 $ 20,930 $ 840 $ 21,770 $ 25,660 $ 47,430 -..- :: Grand Total $ 184,800 EMCOR/Mesa provides great service for the Fire District and is very knowledgeable of all the District's HVAC equipment. Staff recommends the Board approve the renewal of contract 16-114 effective July 1, 2018 and approve the spending limit of $45,000 for FY 2018/2019 and the estimated total contract value of $184,800 over the four years remaining on the contract. An additional $1,622,380 over four years for HVAC maintenance and repair services for City facilities will be considered separately by the City Council. FISCAL IMPACT: The contract price is within the contract services budget line items in the adopted budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 3 Page 89 AMENDMENT NO. 3 to Professional Services Agreement (CO #16-114) between EMCOR Services / Mesa Energy Systems (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") and the Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 3 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 16- 114 to incorporate the following: Item 1: Extend the term of the contract to June 30, 2019 in an amount not to exceed $437,660 for the period July 1, 2018 through June 30, 2019 ($392,660 for routine maintenance and extra work in City facilities and $45,000 for routine maintenance and extra work in RCFPD facilities). Said extension will be in accordance with contractor's letter of intent dated April 27, 2018, attached hereto as Exhibit A and contract unit pricing attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO# 16-114, 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 and District no later than June 30, 2018. The City and RCFPD will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. EMCOR Services / Mesa Energy Systems Name Date City of Rancho Cucamonga Name Title Title Date City of Rancho Cucamonga Fire Protection District By: By: Name Date Name Date Title Title (two signatures required if corporation) Last Revised: 09/28/2012 Page 1 of 2 Page 90 �►R Services Exhibit A Mesa Energy Systems, Inc - 2 CROMWELL • IRVINE, CA 92618 • (949) 460-0460 • FAX (949) 460-8833 LICENSE #611215 (B, C-4, C-10, C-20, C36, C38) 4/27/2018 Paul Fisher Management Analyst I City of Rancho Cucamonga 8794 Lion Street Rancho Cucamonga, CA 91730 Dear Paul EMCOR Service appreciates the opportunity the City of Rancho Cucamonga has given us to perform the maintenance at your facilities for the past several years. EMCOR is requesting the existing Maintenance Contract Agreement between the City of Rancho Cucamonga and EMCOR be renewed for another year beginning July 1, 2018. Please accept this correspondence as our request to continue the contract and our Letter of Intent to honor the content and cost of the contract as stated in the existing agreement. EMCOR Service thanks you for the opportunity to serve your HVAC needs. If you have any questions or desire further information, please feel free to contact me at 949-460-4660. Sincerely, —(� t',Gt , scil'4, EMCOR Services, Mesa Energy Systems, Inc. David Geith Director of Service SAN DIEGO • IRVINE • SAN FERNANDO VALLEY / VENTURA • BAKERSFIELD • FRESNO • SACRAMENTO • SANTA MARIA • SAN FRANCISCO • PHOENIX • LAS VEGAS • RENO s�jj�� I Page 91 Exhibit B Vendor: EMCOR Services / Mesa Energy Systems, Inc. Contract No: CO 16-114 Project: Citywide HVAC & R Maintenance and Repair Services Subject: Pricing for Fiscal Year 2018-2019 Abbreviations: to = tach, M = Monthly, SA = Semi-annually Routine Maintenance and Repair (Section 903 and Section 906, Schedule 2) and Water Treatment (Section 904) ........._.............................................. Loc. Facility Qty Unit Frequency Unit Cost Annual Cost No. 1. Animal Care & Adoption Center- 11780 Arrow Rte. 12 EA M $ 2,091.00 $ 25,092.00 .................. .......................... 2. Archibald Library - 7368 Archibald Ave. 12 EA M $ 688.00 $ 8,256.00 ..................................................................................................................... ............................ 3. Central Park - 11200 Base Line Rd. 12 EA M $ 1,562.00 $ 18,744.00 ...... ............................................................................................................................ .......................... 4. City Hall/Public Safety - 10500/10510 Civic Center Drive 12 EA M $ 3,796.00 $ 45,552.00 .... .......... 5. Family Resource Center - 9791 Arrow Rt. 12 EA M $ 395.00 $ 4,740.00 ...................................................................................... ... .................. .................... 6. Fleet Services - 9153 9Th Street. 12 EA M $ 339.00 $ 4,068.00 ................................................................................................................. ........ 7. Household Hazardous Waste - 8800 Hellman Ave. 12 EA M $ 146.00 $ 1,752.00 ..................................... 8. Lions East - 9191 Base Line Rd. 12 EA M $ 226.00 $ 2,712.00 .................................................................. .............. ...... 9. Lions West - 9161 Base Line Rd. 12 EA M $ 523.00 $ 6,276.00 10. Public Works Service Center- 8794 Lion Street 12 EA M $ 2,209.00 $ 26,508.00 .............................................................................. ............ 11. Stadium Complex - 8408 Rochester Ave. 12 EA M $ 1,086.00 $ 13,032.00 ........................................................................................................... . .................Y............. 12. Victoria Gardens Cultural Center - 12505 Cultural Center Dr. 12 EA M $ 3,156.00 $ 37,872.00 ................................................................................... 13. Victoria Gardens Police Substation - 7743 Kew St. 12 EA M $ 132.00 $ 1,584.00 ..................................................................... ............................ .................... 14. ' R.C.M.U. Substation - 8313 Rochester Ave. 2 EA SA $ 786.00 $ 1,572.00 ................................................................................................ .............. ............... ............................... .......................... 15. Fire Shop - 11271 Jersey Blvd. 2 EA SA $ 1,146.00 $ 2,292.00 ................................................................................................. 16. Fire Station 171- 6627 Amethyst St. 2 EA SA $ 744.00 $ 1,488.00 E 4... 8............ 17. Fire Station 172 - 9612 San Bernardino Rd. 2 EA SA $ 690.00 $ 1,380.00 .... .......... ............... .............Y.. ......... ........ 18. Fire Station 173 - 12270 Firehouse Ct. 2 EA SA $ 1,056.00 $ 2,112.00 ................e..................................... ... .................Y................... .................... 19. Fire Station 174 - 11297 Jersey Blvd. 2 EA SA $ 2,526.00 $ 5,052.00 ................. ................ 20. Fire Station 175 - 11108 Banyan St. 2 EA SA $ 1,824.00 $ 3,648.00 ....................... ....................... 21. Fire Station 176 - 5840 East Ave. 2 EA SA $ 748.00 $ 1,496.00 ................................................................................................................ .............. ............ .............................. ............................. 22. Fire Station 177 - 9270 Rancho St. 2 € EA SA $ 933.00 $ 1,866.00 Total Routine Maintenance and Repair (Section 903 and Section 906, Schedule 2) and Water Treatment (Section 904) $ 217,094.00 Automation System Maintenance .................... Loc. Facility No. ................ ............ 23. Animal Care & Adoption Center - 11780 Arrow Rte. ................................................................................................................... - 24. Stadium Complex - 8408 Rochester Ave. ................................................................................................................................................ m 25. Central Park. Lions East and West. and Citv Hall Lie Total Automation System Maintenance Qty Unit Frequency Unit Cost Annual Cost ............. ............................. 12 : EA M $ 633.00 $ 7,596.00 ............ ....... ................. ......................... 12 EA M $ 204.50 $ 2,454.00 .:............ ................. ..................... 12 1 EA M S 204.50 S 2.454.00 $ 1,042.00 1 $ 12,504.00 Extra Work Schedule Unit Unit Cost ....................................................... 26. Regular Labor Hour $ ......................... 115.00 ............................ 27. After Hours Labor Hour $ 172.50 28. Holiday Labor ............. Hour $ 230.00 5/8/2018, 9:30 AM Page 92 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ivan Rojer, Fire Chief SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 17- 141 WITH COMMERCIAL CLEANING SYSTEMS FOR CITYWIDE JANITORIAL SERVICES WITH A VALUE OF $30,000 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $220,130 OVER THE SIX YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the Board of Directors approve Amendment No. 2 to contract CO 17-141 with Commercial Cleaning Systems; extending the term of the contract to June 30, 2019, with a value of $30,000 for FY 2018-2019, and an estimated total contract value of $220,130 over the six years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-141 for "Citywide Janitorial Services" to Commercial Cleaning Systems. Amendment 1, dated July 26, 2017, added the Fire District as a party to the agreement. Commercial Cleaning Systems provides nightly janitorial services for the fire shop and administration buildings at the training center as well as quarterly floor care at all fire stations. This contract has an option to renew in one year increments up to a total of seven years. If approved, Amendment 2 to contract CO 17-141 will extend the term of the contract to June 30, 2019 with a 6.86% rate increase and no changes to the scope of work or other terms and conditions. ANALYSIS: Commercial Cleaning Systems has submitted a Letter of Intent expressing their desire to continue providing service to the Rancho Cucamonga Fire Protection District during 2018/2019 with a 6.86% rate increase. This increase is primarily a result of the scheduled increases to the California minimum wage. Cleaning crews consist predominately of low wage earners so minimum wage increases directly impact labor costs for providing janitorial services. The California minimum wage is currently $11.00 per hour and will increase to $12.00 per hour on January 1, 2019. This is approximately 7% higher than the average minimum wage in effect in the first and second halves of FY 2017/2018. Staff has prepared the chart below to show the estimated annual funding breakdown. The average annual increase to the minimum wage on January 1St of each year from 2020 to 2022 is 8%. Therefore, the assumption underlying this estimate is that contract costs will also increase 8% per year. Please note this Page 93 is only an estimate and the amounts listed below will likely vary. Fiscal Year Routine Maintenance Est. Annual Increase (8%) Total Routine Maintenance Extra Work Grand Total/ Fiscal Year 2018/2019 $ 30,000 $ - $ 30,000 $ - $ 30,000 2019/2020 $ 30,000 $ 2,400 $ 32,400 $ - $ 32,400 2020/2021 $ 32,400 $ 2,600 $ 35,000 $ - $ 35,000 2021/2022 $ 35,000 $ 2,800 $ 37,800 $ - $ 37,800 2022/2023 $ 37,800 $ 3,030 $ 40,830 $ - $ 40,830 2023/2024 $ 40,830 $ 3,270 $ 44,100 $ - $ 44,100 Grand Total $ 220,130 Commercial Cleaning Systems provides great service for the Fire District. Staff recommends Council approve the renewal of contract CO 17-141 effective July 1, 2018 and approve the spending limit of $30,000 for FY 2018/2019 and the estimated total contract value of $220,130 over the six years remaining on the contract. An additional $5,685,990 over six years for janitorial services at City facilities will be considered separately by the City Council. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 2 Page 94 AMENDMENT NO. 2 to Professional Services Agreement (CO #17-141) between Commercial Cleaning Systems (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") and Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17-141 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $780,000 for City facilities and $30,000 for RCFPD facilities during the period July 1, 2018 through June 30, 2019. Said extension will be in accordance with contractor's letter of intent dated June 20, 2018, attached hereto as Exhibit A. This will be the second year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work 6.86%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO# 17-141, 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 and District no later than July 12, 2018. The City and RCFPD will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Commercial Cleaning Systems IM Name Date Title By: Name Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title Date Rancho Cucamonga Fire Protection District By: Name Title Date Page 95 CCSExhibit A Commercial Cleaning Systems A Company 8.111 Iv Ser June 20, 2018 Via Email Mr. Paul Fisher Management Analyst I City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 RE: Letter of Intent for Contract Renewal: CO 17-141 for Janitorial Services Fiscal Year: July 1, 2018 —June 30, 2019 Commercial Cleaning Systems Dear Mr. Fisher: Please accept this letter as formal notice of Commercial Cleaning Systems' interest to continue to provide janitorial services to the City of Rancho Cucamonga for the fiscal year of 2018 to 2019. It has been our pleasure to provide janitorial services over the past year, and we appreciate the opportunity to continue working with the City. The State of California implemented a law that allows for an annual increase to the minimum wage up to $15.00 by the year 2022. In January 2019, another escalation in wage is scheduled to occur ($1.00 increase from $11.00 to $12.00 and/or approximately 9.09%). Thus, CCS asks that we be afforded the opportunity to increase the contract fees in the amount of 6.86%% effective July 1, 2018. This increase represented a blended rate for the 2018/2019 fiscal year. Please find attached a summary that shows the 2017/2018 fiscal year pricing compared to the 2018/2019 pricing. We appreciate the opportunity that the City of Rancho Cucamonga has provided to us, and we look forward to a long business relationship. Please feel free to contact me at chall@commercialcleaningsystems.com or at (949) 261-1234 ext. 211. Thank you, 6 - �, /I/- & ( Cameron Hall Vice President Commercial Cleaning Systems COMM ERCIALCLEANINGSYSTEMS. COM 3001 Red Hill Avenue, Building 6-220, Costa Mesa, CA 926261 949.261.1234 Page 96 Exhibit B Vendor: Commercial Cleaning Systems Contract No: CO 17-141 Project: Citywide Janitorial Services Subject: Pricing for Fiscal Year 2019-2019 with a 6.86% increase Routine Maintenance ........................................................................... ...p............__-__- ........ .�................. .................................................... FY 2018/2019 Item Description Monthly Annual 1 :............................................................................................................................................................................................. :Animal Care and Adoption Center, 11780 Arrow Route $ ..............................,...®...............,.................... 2,256.19: $ 27,074.28 ................................................................................................................................................................................................................................................................................................................................................ 2 Archibald Library, 7368 Archibald Avenue$ .................. 4,195.65 , ....................................a $ 50,347.80 3Central ............................................................................................................................................................................................................................................................................................................I-- ............................................................................................................................................................................................ Park Community Centers, 11200 Base Line Road $ .................................:.....®......................................m 5,739.27: ..............................:...................................................... $ 68,871.24 4City Hall, 10500 Civic Center Drive $ 10,167.41 $ 122,008.92 5LoanM.art Field (Regular Services), 8408 Rochester Avenue $ 1,.692.93$ ® ................m 20,315.16 6 :Fleet Services, 9153 Ninth Street $ :......,.............................................:... 645.51 $ 7,746.12 7Lions ..................................................................................................................... East, 9191 Base Line Road $ 2,201.24 $ 26,414.88 ....................................................................................................................................................................................................................................................................................................................................................................................................... 8 Lions West, 9161 Base Line Road $ 1,727.33 $ 20,727.96 9 ........................................................................................................... Paul A. Biane Library, 12505 Cultural Center Dr. $ 3,988.93 a $ 47,867.16 ....................................................................................................................................................................................................................................................................................................................................................................................................... 10Public Safety, 10510 Civic Center Drive $ 5,599.76 $ 67,197.12 11Public Works Service Center, 8794 Lion Street $ 3,119.95 $ 37,439.40 ....................................................................................................................................................................................................................................................................................................................................................................................................a 12 :RC Family Resource Center, 9791 Arrow Route $ 1,699.22 = $ 20,390.64 ..............:..............................................................................................®................................................................. 13 € RC Sports Center, 8303 Rochester Ave. $ ...................................®....................................... 5,708.85 ' $ 68,506.20 ......................................................................................................................................................................................................................................................................................................................................................................................................: 14 Stadium Park Maintenance Facility, 8408 Rochester Avenue$ .............................................................................................................................................................................................................. 342.25 ....................... $ 4,107.00 .................................................. 15 Victoria Gardens Cultural Center, 12505 Cultural Center Dr. $ 10,051.28 $ 120,615.36 .......................................................................................................................................................................................................................................................................................................................................................................................................: 16 Victoria Gardens Police Substation, 7743 Kew Avenue $ 557.55 $ 6,690.60 17 Household Hazardous Waste $ 119.68 $ 1,436.16a Total Routine Maintenance $ ...................................................... 59,813.00 $ 717,756.00 Additional Services for LoanMart Field .................................................................................................................................... ......................................... FY 2018/2019 Item Description ........................ ................................................ ....a Unit Amount 18 :Cafe Seating Areas -per game/event Game/Event $ 153.56 ....................................................................................................................................................................................................................................................................................................................................................................................................... 19 :Grandstand Seating Areas -per game/event Game/Event a $ 153.56 ...........:......................®....................................................................................................................... 20iCity Occupied Third Floor Offices - per weekend game/event Game/Event ................................. ................ $ 39.92 21 :Lobby- per weekend game/event Game/Event $ 39.92 22 .......................®..................®..................®..................................... Third Floor Hall -per weekend game/event Game/Event ............................... $ 39.92 ......................................................................................................................................................................................................................................................................................................................................................................................................: 23Third Floor Restrooms - per weekend game/event Game/Event $ 39.92 24Skyboxes .......................................................................................®........................................................................... - per game/event ..................................... Game/Event $ 39.92 Extra Work - Lump Sum and Unit Costs FY 2018/2019 Item Description UnitAmount ........................................................................................................................................................................................................................................................................................................................................................................................................ 25Bookmobile Cleaning (Lump sum cost per cleaning) Each $ 638.81 : 26 ............................................................................................................................................................................. Regular hourly rate for services specifically excluded from contract Hour ......................,..,: $ 31.52 ............................................................................................................................................................................................................................................................................................................................................................................................: 27 After hours rate for services specifically excluded from contract Hour $ 41.14 Page 97 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Pamela J. Nibert, Management Analyst I I I SUBJECT: CONSIDERATION TO ACCEPT THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT TRAINING CENTER INCREMENT I CONSTRUCTION PROJECT AS COMPLETE, APPROVE FINAL CONTRACT AMOUNT OF $15,621,346, FILE A NOTICE OF COMPLETION AND RELEASE BONDS ACCORDINGLY. RECOMMENDATION: Staff recommends the Fire Board: 1. Accept the Training Center Increment I construction project at 11285 Jersey Blvd, Contract FD 16- 004, as complete. 2. Approve the final contract amount of $15,621,346. 3. Authorize the release of the Labor and Materials Bond six months after the recordation of said notice if no claims have been received. 4. Authorize the Fire Chief to file a Notice of Completion and release of the retention in the amount of $781,067, 35 days after acceptance. 5. Authorize the Fire Chief to approve the release of the Faithful Performance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: The RCFPD Training Center Increment I construction project at 11285 Jersey Blvd project scope of work consisted of constructing Training Center elements including, but not limited to: a training tower, a warehouse building, a residential house simulator and numerous site improvements. Pertinent information of the project is as follows: • Budgeted Amount: • Account Numbers: • Contract Award Date: • Low Bidder: • Final Contract Amount: • Difference in Contract Amount $15,758,000 3288501-5650/1735288-6314 July 20, 2016 RC Construction Services, Inc. $15,621,346 -$136,654 Page 98 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Fire Chief. 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 Faithful Performance Bond upon approval by the Fire Chief. Unfinished Construction Work On July 2, 2018, staff determined that the Increment 1 project was substantially complete with the exception of a contract bid item on the site. That item is a residential pitched roof prop that was determined to have too severe of a pitch. RCC has agreed to make the re -design and construct the work at a reduced cost. The Change Order has been signed at the agreed upon amount of $11,312.00 to be funded out of the remaining owner contingency. FISCAL IMPACT: Adequate funds were budgeted for in 3288501-5650/1735288-6314 (Fire Protection Capital Fund/Training Facility) for this portion of the Training Center project. COUNCIL GOAL(S) ADDRESSED: The Rancho Cucamonga Fire District Regional Training Center was a 30 year vision of the Fire Board. That vision has come to fruition with a final product that far exceeds anyone's expectations. It will meet the current and future training demands of ALL public safety personnel by providing a modern and realistic training environment that is not duplicated anywhere within our region. ATTACHMENTS: Description Attachment 1 - Notice of Completion Page 99 ATTACHMENT 1 RECORDING REQUESTED BY: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P. O. Box 807 Rancho Cucamonga, California 91729 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA On Behalf Of: Rancho Cucamonga Fire Protection District P. C. Box 807 Rancho Cucamonga, California 91729 Exempt from recording fees pursuant to Govt. Cod. Sec. 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within the boundaries of Contract FD 16-004 2. The full name and address of the undersigned owner is: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730. 3. On July 18, 2018, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for: Rancho Cucamonga Fire Protection District Training Center Increment I Construction Project 4. The name of the original contractor for the work of improvement as a whole was: RC Construction Services, Inc. 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: 11285 Jersey Blvd, Training Center Project Increment I Date Executed in the City of Rancho Cucamonga, California RANCHO CUCAMONGA FIRE DISTRICT, a Special District, Owner I hereby certify under penalty of foregoing is true and correct. PROTECTION perjury that the Ivan Rojer Fire Chief, Rancho Cucamonga Fire Protection District Page 100 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director Lucy Alvarez -Nunez, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPOINT A RETIREMENT PLAN COMMITTEE AND APPROVE ANY POLICIES AND PROCEDURES RELATED TO THE COMMITTEE. RECOMMENDATION: Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District adopt a resolution authorizing the City Manager to appoint a Retirement Plan Committee to provide oversight of the Fire District's defined contribution retirement savings plan and approve any policies and procedures related to the committee. BACKGROUND: The District currently provides 401(a) and 457 deferred compensation plans as a benefit to Fire employees. These plans include both District and voluntary employee contributions, and the plan assets are the property of participating employees. The District currently uses Nationwide and ICMA-RC to administer the District's 401(a) and 457 deferred compensation plans for employees. The Fire District has a fiduciary responsibility to manage its employee benefit plans and assets. This responsibility includes the governance of the defined contribution retirement savings plan and analysis of plan investment menus and fee structures which are currently managed by Nationwide and ICMA-RC on behalf of the District. ANALYSIS: The Fire District must exercise its fiduciary duty to oversee the defined contribution retirement savings plans for the Fire Protection District to ensure optimal performance for the benefit of their participating employees. To effectively manage this process, staff recommends that the Fire Board authorize the City Manager to appoint a Retirement Plan Committee composed of selected Fire District employees and approve any policies and procedures related to the committee. The Committee will be responsible for carrying out fiduciary responsibilities including the administration and management of the retirement benefit plan and may act on behalf of the Fire District in a settlor capacity by establishing, amending, and terminating plans as deemed necessary. Page 101 It is considered best practice for employers to establish a Committee to fulfill this fiduciary role. FISCAL IMPACT: There are no fiscal impacts to the Fire District. This action does not introduce new benefits or compensatory factors for District employees and Committee member participation is voluntary. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description Attachment 1 - Resolution 18 -XXX Page 102 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, AUTHORIZING THE CITY MANAGER TO APPOINT A RETIREMENT PLAN COMMITTEE AND APPROVE ANY POLICIES AND PROCEDURES RELATED TO THE COMMITTEE. WHEREAS, the City of Rancho Cucamonga maintains the Rancho Cucamonga Fire Protection District Retirement Savings Plan (the "Plan") for the benefit of their eligible employees; and WHEREAS, the City Manager of the City of Rancho Cucamonga has the authority to appoint one or more persons as Plan Administrator to control and manage the Plan's operation; and WHEREAS, the City Manager has determined that is in the Fire District's best interests to appoint as Plan Administrator a Retirement Plan Committee (the "Committee") composed of select employees of the Fire District; and WHEREAS, the City Manager wishes to grant authority to the Committee to act on behalf of the Fire District in a settlor capacity by establishing, amending and/or terminating a plan as deemed necessary; and WHEREAS, the City Manager wishes to appoint the Committee and setting out its power, duties, responsibilities, and general governance procedures. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HEREBY RESOLVES, that effective July 18, 2018, the City Manager may hereby appoint the Retirement Plan Committee. RESOLVED FURTHER, the City Manager or his/her designee will monitor the Committee's activities to ensure that the Committee is meeting its duties and responsibilities as Plan Administrator. RESOLVED FURTHER, that the Plan Administrator, hereby is authorized and directed, for and on behalf of the Fire District to take such further action and execute such additional documents, and policies and procedures related to the Committee to carry out the foregoing resolutions. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Attachment 1 Page 103 AYES: NOES: ABSENT: ABSTAINED: ATTEST: Janice Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a Meeting of said Council on the 1811 day of July 2018. Executed this 1811 day of July 2018, at Rancho Cucamonga, California. Janice Reynolds, City Clerk Attachment 1 Page 104 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $2,423,335.03 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $4,035,635.94 DATED JUNE 12, 2018 THROUGH JULY 09, 2018. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 105 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008049 06/13/2018 ALL CITY MANAGEMENT SERVICES INC. 19,150.66 0.00 19,150.66 AP 00008050 06/13/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00008051 06/13/2018 SHELL ENERGY NORTH AMERICA 207,937.50 0.00 207,937.50 AP 00008052 06/13/2018 US DEPARTMENT OF ENERGY 11,428.25 0.00 11,428.25 AP 00008053 06/20/2018 ALL CITY MANAGEMENT SERVICES INC. 10,062.93 0.00 10,062.93 AP 00008054 06/20/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,777.45 0.00 23,777.45 AP 00008055 06/20/2018 MICHAEL, L. DENNIS 958.96 0.00 958.96 AP 00008056 06/20/2018 RCCEA 1,917.50 0.00 1,917.50 AP 00008057 06/20/2018 RCPFA 11,509.11 0.00 11,509.11 AP 00008058 06/20/2018 RE ASTORIA 2 LLC 122,995.75 0.00 122,995.75 AP 00008059 06/27/2018 AHUMADA, ALEXANDER R 0.00 631.60 631.60 AP 00008060 06/27/2018 ALMAND, LLOYD 0.00 631.60 631.60 AP 00008061 06/27/2018 BANTAU, VICTORIA 0.00 499.68 499.68 AP 00008062 06/27/2018 BAZAL, SUSAN 0.00 585.98 585.98 AP 00008063 06/27/2018 BELL, MICHAEL L. 0.00 1,214.46 1,214.46 AP 00008064 06/27/2018 BERRY, DAVID 0.00 1,152.40 1,152.40 AP 00008065 06/27/2018 BROCK, ROBIN 0.00 923.03 923.03 AP 00008066 06/27/2018 CAMPBELL, GERALD 0.00 826.04 826.04 AP 00008067 06/27/2018 CAMPBELL, STEVEN 0.00 1,327.27 1,327.27 AP 00008068 06/27/2018 CARNES, KENNETH 0.00 499.68 499.68 AP 00008069 06/27/2018 CLABBY, RICHARD 0.00 1,152.40 1,152.40 AP 00008070 06/27/2018 CLOUGHESY, DONALD R 0.00 1,618.70 1,618.70 AP 00008071 06/27/2018 CORCORAN, ROBERT 0.00 540.73 540.73 AP 00008072 06/27/2018 COSTELLO, DENNIS M 0.00 1,618.70 1,618.70 AP 00008073 06/27/2018 COX, KARL 0.00 631.60 631.60 AP 00008074 06/27/2018 CRANE, RALPH 0.00 968.28 968.28 AP 00008075 06/27/2018 CROSSLAND, WILBUR 0.00 499.68 499.68 AP 00008076 06/27/2018 DAGUE, JAMES 0.00 1,214.46 1,214.46 AP 00008077 06/27/2018 DE ANTONIO, SUSAN 0.00 540.73 540.73 AP 00008078 06/27/2018 DEANS, JACKIE 0.00 585.98 585.98 AP 00008079 06/27/2018 DOMINICK, SAMUEL A. 0.00 923.03 923.03 AP 00008080 06/27/2018 EAGLESON, MICHAEL 0.00 1,214.46 1,214.46 AP 00008081 06/27/2018 EGGERS, BOB 0.00 1,618.70 1,618.70 AP 00008082 06/27/2018 FRITCHEY, JOHN D. 0.00 499.68 499.68 AP 00008083 06/27/2018 HEYDE, DONALD 0.00 631.60 631.60 AP 00008084 06/27/2018 INTERLICCHIA, ROSALYN 0.00 249.30 249.30 AP 00008085 06/27/2018 KILMER, STEPHEN 0.00 1,152.40 1,152.40 AP 00008086 06/27/2018 LANE, WILLIAM 0.00 1,214.46 1,214.46 AP 00008087 06/27/2018 LARKIN, DAVID W 0.00 1,538.02 1,538.02 AP 00008088 06/27/2018 LEE, ALLAN J. 0.00 1,264.92 1,264.92 AP 00008089 06/27/2018 LENZE, PAUL E 0.00 1,093.58 1,093.58 AP 00008090 06/27/2018 LONGO, JOE 0.00 183.34 183.34 AP 00008091 06/27/2018 LUTTRULL, DARRELL 0.00 499.68 499.68 AP 00008092 06/27/2018 MACKALL, BEVERLY 0.00 509.70 509.70 AP 00008093 06/27/2018 MAYFIELD, RON 0.00 1,304.96 1,304.96 AP 00008094 06/27/2018 MCKEE, JOHN 0.00 631.60 631.60 AP 00008095 06/27/2018 MCNEIL, KENNETH 0.00 631.60 631.60 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 106 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008096 06/27/2018 MICHAEL, L. DENNIS 0.00 923.03 923.03 AP 00008097 06/27/2018 MORGAN, BYRON 0.00 1,714.62 1,714.62 AP 00008098 06/27/2018 MYSKOW, DENNIS 0.00 1,152.40 1,152.40 AP 00008099 06/27/2018 NAUMAN, MICHAEL 0.00 499.68 499.68 AP 00008100 06/27/2018 NEE, RON 0.00 585.98 585.98 AP 00008101 06/27/2018 NELSON, MARY JANE 0.00 183.34 183.34 AP 00008102 06/27/2018 O'BRIEN, TOM 0.00 1,618.70 1,618.70 AP 00008103 06/27/2018 PLOUNG, MICHAEL J 0.00 558.94 558.94 AP 00008104 06/27/2018 POST, MICHAEL R 0.00 1,586.77 1,586.77 AP 00008105 06/27/2018 PROULX, PATRICK 0.00 1,618.70 1,618.70 AP 00008106 06/27/2018 REDMOND, MIKE 0.00 1,214.46 1,214.46 AP 00008107 06/27/2018 ROEDER, JEFF 0.00 1,214.46 1,214.46 AP 00008108 06/27/2018 SALISBURY, THOMAS 0.00 631.60 631.60 AP 00008109 06/27/2018 SMITH, RONALD 0.00 499.68 499.68 AP 00008110 06/27/2018 SORENSEN, SCOTT D 0.00 1,736.35 1,736.35 AP 00008111 06/27/2018 SPAGNOLO, SAM 0.00 499.68 499.68 AP 00008112 06/27/2018 SPAIN, WILLIAM 0.00 826.04 826.04 AP 00008113 06/27/2018 SULLIVAN, JAMES 0.00 499.68 499.68 AP 00008114 06/27/2018 TAYLOR, STEVE 0.00 1,461.55 1,461.55 AP 00008115 06/27/2018 TULEY, TERRY 0.00 1,214.46 1,214.46 AP 00008116 06/27/2018 VANDERKALLEN, FRANCIS 0.00 631.60 631.60 AP 00008117 06/27/2018 VARNEY, ANTHONY 0.00 923.03 923.03 AP 00008118 06/27/2018 WALTON, KEVIN 0.00 1,538.02 1,538.02 AP 00008119 06/27/2018 YOWELL, TIMOTHY A 0.00 1,304.96 1,304.96 AP 00008120 06/27/2018 HD PRODUCTIONS INC 18,750.00 0.00 18,750.00 AP 00008121 06/27/2018 MICHAEL BAKER INTERNATIONAL INC 13,590.00 0.00 13,590.00 AP 00008122 06/27/2018 SAN BERNARDINO COUNTY 20.00 0.00 20.00 AP 00008123 07/03/2018 AECOM 14,204.00 0.00 14,204.00 AP 00008124 07/03/2018 CHAFFEY JOINT UNION HS DISTRICT 1,905.84 0.00 1,905.84 AP 00008125 07/03/2018 MICHAEL BAKER INTERNATIONAL INC 4,685.00 0.00 4,685.00 AP 00008126 07/03/2018 TANKO LIGHTING 100,693.35 0.00 100,693.35 AP 00008127 07/03/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 144,338.89 0.00 144,338.89 AP 00008128 07/03/2018 RCCEA 1,911.00 0.00 1,911.00 AP 00008129 07/03/2018 RCPFA 11,509.11 0.00 11,509.11 AP 00391264 06/13/2018 A AND R TIRE SERVICE 819.02 0.00 819.02 AP 00391265 06/13/2018 ABLE BUILDING MAINTENANCE 2,011.35 0.00 2,011.35 AP 00391266 06/13/2018 ACOSTA, LOURDES 3.50 0.00 3.50 AP 00391267 06/13/2018 ADAMS, DANELL 165.00 0.00 165.00 AP 00391268 06/13/2018 ALBERT A. WEBB 64.50 0.00 64.50 AP 00391269 06/13/2018 ALI, SHAILA 93.00 0.00 93.00 AP 00391270 06/13/2018 ALL WELDING 3,080.00 0.00 3,080.00 AP 00391271 06/13/2018 ALLARD, GEORGE 72.00 0.00 72.00 AP 00391272 06/13/2018 ALLSTAR FIRE EQUIPMENT INC 0.00 3,305.77 3,305.77 AP 00391273 06/13/2018 ALLSTAR SOUND LLC 4,335.00 0.00 4,335.00 AP 00391274 06/13/2018 ALMAZAN, MICHELLE 58.00 0.00 58.00 AP 00391275 06/13/2018 ALMAZROUEI, RASHED AHMED 174.71 0.00 174.71 AP 00391276 06/13/2018 ALPHAGRAPHICS 2,733.25 0.00 2,733.25 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 107 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391277 06/13/2018 ALTA LOMA DANCE ACADEMY 9,983.00 0.00 9,983.00 AP 00391278 06/13/2018 AMERICAN TRAINING RESOURCES INC 1,076.68 0.00 1,076.68 AP 00391279 06/13/2018 AMERON POLE PRODUCTS LLC 4,400.55 0.00 4,400.55 AP 00391280 06/13/2018 AMIGOS HELP LLC 404.00 0.00 404.00 AP 00391281 06/13/2018 AMTECH ELEVATOR SERVICES 985.23 0.00 985.23 AP 00391282 06/13/2018 ARROW INTERNATIONAL 0.00 2,381.69 2,381.69 AP 00391283 06/13/2018 ART OF LIVING FOUNDATION 120.00 0.00 120.00 AP 00391284 06/13/2018 ARVIZO, ERIKA 35.00 0.00 35.00 AP 00391285 06/13/2018 AT&T MOBILITY 0.00 85.00 85.00 AP 00391286 06/13/2018 AUTO AND RV SPECIALISTS INC. 170.72 0.00 170.72 AP 00391287 06/13/2018 BARILLAS, BEATRICE 93.00 0.00 93.00 AP 00391288 06/13/2018 BARSTOW HIGH SCHOOL 458.50 0.00 458.50 AP 00391289 06/13/2018 BARTEL ASSOCIATES LLC 0.00 2,200.00 2,200.00 AP 00391290 06/13/2018 BAXTER'S FRAME WORKS 1,497.73 0.00 1,497.73 AP 00391291 06/13/2018 BENJAMINS, TIM MARCELLUS 70.00 0.00 70.00 AP 00391292 06/13/2018 BERT E JESSUP TRANSPORT 35.00 0.00 35.00 AP 00391293 06/13/2018 BEST BEST AND KRIEGER 504.00 0.00 504.00 AP 00391294 06/13/2018 BEST GOLF CARTS INC. 1,956.09 0.00 1,956.09 AP 00391295 06/13/2018 BIRD, PAUL 100.00 0.00 100.00 AP 00391296 06/13/2018 BISHOP COMPANY 2,367.99 0.00 2,367.99 AP 00391297 06/13/2018 BLACK, GEORGE 97.00 0.00 97.00 AP 00391298 06/13/2018 BLUE BREEZE ENTERTAINMENT 1,000.00 0.00 1,000.00 AP 00391299 06/13/2018 BONGARDE HOLDINGS INC 397.00 0.00 397.00 AP 00391300 06/13/2018 BOSTON COURT PERFORMING ARTS CENTER 280.00 0.00 280.00 AP 00391301 06/13/2018 BRIGHT BOX ENTERPRISES 600.00 0.00 600.00 AP 00391302 06/13/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 17,322.29 0.00 17,322.29 AP 00391303 06/13/2018 BUBEL, RICHARD JR. 139.00 0.00 139.00 AP 00391304 06/13/2018 BUDERWITZ, TOM 833.00 0.00 833.00 AP 00391305 06/13/2018 BUREAU VERITAS NORTH AMERICA INC 10,075.12 0.00 10,075.12 AP 00391307 06/13/2018 C V W D 70,990.35 55.20 71,045.55 *** AP 00391308 06/13/2018 CAL PROLOGISTICS INC. 612.00 0.00 612.00 AP 00391309 06/13/2018 CALIFORNIA BOX CO. 336.00 0.00 336.00 AP 00391310 06/13/2018 CALIFORNIA MUNICIPAL UTILITIES ASSOC 201.11 0.00 201.11 AP 00391311 06/13/2018 CALIFORNIA SATSANG SOCIETY 100.00 0.00 100.00 AP 00391312 06/13/2018 CALIN, ANGELA 833.00 0.00 833.00 AP 00391313 06/13/2018 CAMINO REAL DEVELOPMENT INC 10,000.00 0.00 10,000.00 AP 00391314 06/13/2018 CAMPO, ALIKA 70.00 0.00 70.00 AP 00391315 06/13/2018 CARQUEST AUTO PARTS 140.34 0.00 140.34 AP 00391316 06/13/2018 CARRIER, CRETE 35.00 0.00 35.00 AP 00391317 06/13/2018 CCS ORANGE COUNTY JANITORIAL INC. 474.20 1,397.00 1,871.20 *** AP 00391318 06/13/2018 CINTAS CORPORATION #150 1,479.91 472.25 1,952.16 *** AP 00391319 06/13/2018 CLIMATEC LLC 1,235.00 0.00 1,235.00 AP 00391320 06/13/2018 COAST RECREATION INC 1,982.84 0.00 1,982.84 AP 00391321 06/13/2018 COKER, FRANCES 95.00 0.00 95.00 AP 00391322 06/13/2018 COMPUTERIZED EMBROIDERY COMPANY 0.00 841.70 841.70 AP 00391323 06/13/2018 CONCEPT POWDER COATING 1,820.00 0.00 1,820.00 AP 00391324 06/13/2018 CONVERGEONE INC. 17,988.75 0.00 17,988.75 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 108 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391325 06/13/2018 CONVERSE CONSULTANTS 1,016.62 0.00 1,016.62 AP 00391326 06/13/2018 COUNTS UNLIMITED 2,700.00 0.00 2,700.00 AP 00391327 06/13/2018 CUNAMAY, SUNSHINE 243.00 0.00 243.00 AP 00391328 06/13/2018 CV STRATEGIES 5,031.95 0.00 5,031.95 AP 00391329 06/13/2018 D AND K CONCRETE COMPANY 2,939.44 0.00 2,939.44 AP 00391330 06/13/2018 DAISY 1,368.51 0.00 1,368.51 AP 00391331 06/13/2018 DATA ARC LLC 0.00 3,112.68 3,112.68 AP 00391332 06/13/2018 DEALER ALTERNATIVE SOLUTIONS 687.70 0.00 687.70 AP 00391333 06/13/2018 DELEON, FREDY 226.00 0.00 226.00 AP 00391334 06/13/2018 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00391335 06/13/2018 DEPENDABLE COMPANY INC. 53.50 0.00 53.50 AP 00391336 06/13/2018 DESERT COASTAL TRANSPORT 320.00 0.00 320.00 AP 00391337 06/13/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 295.89 150.00 445.89 *** AP 00391338 06/13/2018 E POLY STAR INC. 1,933.04 0.00 1,933.04 AP 00391339 06/13/2018 ENNIS PAINT INC. 1,454.63 0.00 1,454.63 AP 00391340 06/13/2018 EPSTEIN, JOSH 833.00 0.00 833.00 AP 00391341 06/13/2018 ERICKSON, CATHERINE 350.00 0.00 350.00 AP 00391342 06/13/2018 ESPINOSA, WILLIAM 336.00 0.00 336.00 AP 00391343 06/13/2018 EXPRESS BRAKE SUPPLY 46.97 0.00 46.97 AP 00391344 06/13/2018 EXPRESS CORPORATE MANAGEMENT 45.04 0.00 45.04 AP 00391345 06/13/2018 FAMIGHETTI, MATTHEW 186.00 0.00 186.00 AP 00391346 06/13/2018 FEDERAL EXPRESS CORP 26.20 0.00 26.20 AP 00391347 06/13/2018 FERRO, BRANDON 94.00 0.00 94.00 AP 00391348 06/13/2018 FIORE, JASON M 93.00 0.00 93.00 AP 00391349 06/13/2018 FISH SIX RESTAURANT CORP 3,395.97 0.00 3,395.97 AP 00391350 06/13/2018 FLAG SYSTEMS INC. 2,550.00 0.00 2,550.00 AP 00391351 06/13/2018 FLYNN, SEAN 250.00 0.00 250.00 AP 00391352 06/13/2018 FUEL SERV 1,373.23 450.00 1,823.23 *** AP 00391353 06/13/2018 G AND M BUSINESS INTERIORS 39.21 0.00 39.21 AP 00391354 06/13/2018 GAMEZ, LEAH 42.00 0.00 42.00 AP 00391355 06/13/2018 GEOGRAPHICS 2,027.58 0.00 2,027.58 AP 00391356 06/13/2018 GONZALEZ, LAURA 118.28 0.00 118.28 AP 00391357 06/13/2018 GOODYEAR TIRE AND RUBBER CO. 4,325.63 0.00 4,325.63 AP 00391358 06/13/2018 GRAINGER 1,675.41 0.00 1,675.41 AP 00391359 06/13/2018 GUAN, BIN 99.98 0.00 99.98 AP 00391360 06/13/2018 GUTIERREZ, DANNY 113.00 0.00 113.00 AP 00391361 06/13/2018 GUTIERREZ, MIGUEL 50.00 0.00 50.00 AP 00391362 06/13/2018 HAULAWAY STORAGE CONTAINERS INC. 119.84 0.00 119.84 AP 00391363 06/13/2018 HEARTSAVERS LLC 396.00 0.00 396.00 AP 00391364 06/13/2018 HEAVY LANE TRANSPORT 139.00 0.00 139.00 AP 00391365 06/13/2018 HEMPSTEAD, SHANAY 5.00 0.00 5.00 AP 00391366 06/13/2018 HERITAGE EDUCATION GROUP 824.00 0.00 824.00 AP 00391367 06/13/2018 HERNANDEZ, ANTHONY 75.00 0.00 75.00 AP 00391368 06/13/2018 HILL, CYNDA 93.00 0.00 93.00 AP 00391369 06/13/2018 HIVELY, CHRISTOPHER 80.00 0.00 80.00 AP 00391370 06/13/2018 HUGHLOCK, KYLE 139.00 0.00 139.00 AP 00391371 06/13/2018 IATSE NATIONAL HEALTH & WELFARE FUNDS 900.00 0.00 900.00 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 109 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391372 06/13/2018 IDEAL GLASS TINTING 192.00 0.00 192.00 AP 00391373 06/13/2018 IGNACIO, MARVIN 128.00 0.00 128.00 AP 00391374 06/13/2018 ILLUMINATE EVENT SERVICES 600.00 0.00 600.00 AP 00391375 06/13/2018 INDUSTRIAL HARDWARE AND SERVICE CO 1,281.15 0.00 1,281.15 AP 00391376 06/13/2018 INLAND EMPIRE PROPERTY SERVICES INC 0.00 16,122.50 16,122.50 AP 00391377 06/13/2018 INLAND EMPIRE STAGES LTD 207.50 0.00 207.50 AP 00391378 06/13/2018 INLAND TOP SOIL MIXES 646.50 0.00 646.50 AP 00391379 06/13/2018 INLAND VALLEY DAILY BULLETIN 153.32 0.00 153.32 AP 00391380 06/13/2018 INTERWEST CONSULTING GROUP INC 5,300.27 0.00 5,300.27 AP 00391381 06/13/2018 ITERIS INC 17,072.99 0.00 17,072.99 AP 00391382 06/13/2018 ITO JR, DENNIS 186.00 0.00 186.00 AP 00391383 06/13/2018 J J KELLER AND ASSOC INC 602.32 0.00 602.32 AP 00391384 06/13/2018 JBD TRANSPORT INC 35.00 0.00 35.00 AP 00391385 06/13/2018 JOHNNY ALLEN TENNIS ACADEMY 785.40 0.00 785.40 AP 00391386 06/13/2018 KELLOGG, JEANNE 10.00 0.00 10.00 AP 00391387 06/13/2018 KELLY, SHEILA 97.00 0.00 97.00 AP 00391388 06/13/2018 KENT HARRIS TRUCKING & MATERIALS 332.40 0.00 332.40 AP 00391389 06/13/2018 KHOURY, SHIRIN RIYAD 70.00 0.00 70.00 AP 00391390 06/13/2018 KINDRED CORPORATION 2,428.69 0.00 2,428.69 AP 00391391 06/13/2018 KIRO CARS INC 180.00 0.00 180.00 AP 00391392 06/13/2018 KVAC ENVIRONMENTAL SERVICES INC 832.50 0.00 832.50 AP 00391393 06/13/2018 LANDCARE USA LLC 47,376.48 0.00 47,376.48 AP 00391394 06/13/2018 LAVISHED PRINTING INC 1,616.25 0.00 1,616.25 AP 00391395 06/13/2018 LAWSON PRODUCTS INC 0.00 862.46 862.46 AP 00391396 06/13/2018 LAWSON, MELISSA 320.00 0.00 320.00 AP 00391397 06/13/2018 LDI TRUCKING INC 404.00 0.00 404.00 AP 00391398 06/13/2018 LEAGUE OF CALIFORNIA CITIES 80.00 0.00 80.00 AP 00391399 06/13/2018 LEE, TOM 186.00 0.00 186.00 AP 00391400 06/13/2018 LEMUS, TIMOTHY A 350.00 0.00 350.00 AP 00391401 06/13/2018 LEVERAGE INFORMATION SYSTEMS INC 5,685.66 0.00 5,685.66 AP 00391402 06/13/2018 LEWIS, GENEVIEVE 127.00 0.00 127.00 AP 00391403 06/13/2018 LI, XIN 250.00 0.00 250.00 AP 00391404 06/13/2018 LIFE ASSIST INC 0.00 4,960.15 4,960.15 AP 00391405 06/13/2018 LOCAL GOVERNMENT COMMISSION 1,181.82 0.00 1,181.82 AP 00391406 06/13/2018 LONG, BECKY M 50.00 0.00 50.00 AP 00391407 06/13/2018 LOUIE'S NURSERY 987.44 0.00 987.44 AP 00391409 06/13/2018 LOWES COMPANIES INC. 4,270.41 3,806.69 8,077.10 *** AP 00391410 06/13/2018 LUBRICATION ENGINEERS INC 0.00 1,844.59 1,844.59 AP 00391411 06/13/2018 MAGELLAN ADVISORS LLC 43,535.21 0.00 43,535.21 AP 00391412 06/13/2018 MAIN STREET SIGNS 80.81 0.00 80.81 AP 00391413 06/13/2018 MARK CHRISTOPHER INC 1,025.35 380.61 1,405.96 *** AP 00391414 06/13/2018 MARLINK SA INC 0.00 162.00 162.00 AP 00391415 06/13/2018 MARQUEZ, EMMANUEL E 225.00 0.00 225.00 AP 00391416 06/13/2018 MATLOCK DESIGN BUILD INC 1,365.00 0.00 1,365.00 AP 00391417 06/13/2018 MC AVOY & MARKHAM 447.50 0.00 447.50 AP 00391418 06/13/2018 MCWELCO PRODUCTS 1,589.31 0.00 1,589.31 AP 00391419 06/13/2018 MEAVE, ADAM 93.00 0.00 93.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 110 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391420 06/13/2018 MEDLEY FIRE PROTECTION INC 9,158.00 0.00 9,158.00 AP 00391421 06/13/2018 MENDEZ, JORDAN 226.00 0.00 226.00 AP 00391422 06/13/2018 MERCURY DISPOSAL SYSTEMS INC 2,831.11 0.00 2,831.11 AP 00391423 06/13/2018 MINUTEMAN PRESS 144.16 0.00 144.16 AP 00391424 06/13/2018 MISSION REPROGRAPHICS 29.65 0.00 29.65 AP 00391425 06/13/2018 MONROY, MARIA G 139.00 0.00 139.00 AP 00391426 06/13/2018 MORALES, SUSANA 369.00 0.00 369.00 AP 00391427 06/13/2018 MORENO, ANDREA 93.00 0.00 93.00 AP 00391428 06/13/2018 MOUNTAIN MOTOR SPORTS 134.51 0.00 134.51 AP 00391429 06/13/2018 MUIR, MARY 93.00 0.00 93.00 AP 00391430 06/13/2018 MULTICULTURAL BOOKS & VIDEOS 413.00 0.00 413.00 AP 00391431 06/13/2018 MUTUAL PROPANE 0.00 1,431.09 1,431.09 AP 00391432 06/13/2018 MYERS TIRE SUPPLY COMPANY 165.19 0.00 165.19 AP 00391433 06/13/2018 NAPA AUTO PARTS 31.75 282.67 314.42 *** AP 00391434 06/13/2018 NATIONAL FIRE FIGHTER WILDLAND 0.00 41.10 41.10 AP 00391435 06/13/2018 NATIONAL PEN CORPORATION 460.10 0.00 460.10 AP 00391436 06/13/2018 NINYO & MOORE 916.50 0.00 916.50 AP 00391437 06/13/2018 NIVAR, JOSE 165.00 0.00 165.00 AP 00391438 06/13/2018 ONTARIO WINNELSON CO 123.60 0.00 123.60 AP 00391439 06/13/2018 PACHECO, DANNY 25.63 0.00 25.63 AP 00391440 06/13/2018 PARKES, DR KEVIN 0.00 6,000.00 6,000.00 AP 00391441 06/13/2018 PH&S PRODUCTS LLC 0.00 1,090.00 1,090.00 AP 00391442 06/13/2018 PIAZZA, JOHN 72.00 0.00 72.00 AP 00391443 06/13/2018 PICHETTO, DAYNA 93.00 0.00 93.00 AP 00391444 06/13/2018 PICTURE PEOPLE #355 427.56 0.00 427.56 AP 00391445 06/13/2018 PIMENTEL, MARIE 94.00 0.00 94.00 AP 00391446 06/13/2018 PORRAS, MITCHELL 10.00 0.00 10.00 AP 00391447 06/13/2018 PRIME GLASS 60.00 0.00 60.00 AP 00391448 06/13/2018 PRISTINE UNIFORMS LLC 2,999.87 0.00 2,999.87 AP 00391449 06/13/2018 PRO SPRAY INC 2,449.38 0.00 2,449.38 AP 00391450 06/13/2018 PSA PRINT GROUP 77.58 0.00 77.58 AP 00391451 06/13/2018 PUGLISI, BENITA 42.00 0.00 42.00 AP 00391452 06/13/2018 PUTMAN, STERLING A 500.00 0.00 500.00 AP 00391453 06/13/2018 QANDEEL, AMANDA 132.00 0.00 132.00 AP 00391454 06/13/2018 R AND R AUTOMOTIVE 1,367.69 0.00 1,367.69 AP 00391455 06/13/2018 RAMIREZ, GEORGE 253.00 0.00 253.00 AP 00391456 06/13/2018 RBM LOCK AND KEY SERVICE 18.86 0.00 18.86 AP 00391457 06/13/2018 RMA GROUP 0.00 350.00 350.00 AP 00391458 06/13/2018 ROCHIN, JOE 86.00 0.00 86.00 AP 00391459 06/13/2018 RODAS' AUTO REPAIR 1,839.35 0.00 1,839.35 AP 00391460 06/13/2018 ROTH PHD, FREDRICK 600.00 0.00 600.00 AP 00391461 06/13/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 79.43 0.00 79.43 AP 00391462 06/13/2018 RUBENS AUTO COLLISION CENTER 8,966.74 0.00 8,966.74 AP 00391463 06/13/2018 SAFEWAY SIGN COMPANY 1,229.28 0.00 1,229.28 AP 00391464 06/13/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,981.00 0.00 3,981.00 AP 00391465 06/13/2018 SAN BERNARDINO CTY 15,302.30 0.00 15,302.30 AP 00391466 06/13/2018 SAN BERNARDINO, COUNTY OF 500.00 0.00 500.00 User: VLOPEZ - 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VERONICA LOPEZ Page: 8 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 113 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391573 06/20/2018 CHINO, CITY OF 60.00 0.00 60.00 AP 00391574 06/20/2018 CINTAS CORPORATION #150 2,003.60 48.06 2,051.66 *** AP 00391575 06/20/2018 CLAREMONT COURIER 604.00 0.00 604.00 AP 00391576 06/20/2018 CLASSE PARTY RENTALS 842.15 0.00 842.15 AP 00391577 06/20/2018 CODE RED HEADSETS 1,681.68 0.00 1,681.68 AP 00391578 06/20/2018 CORODATA MEDIA STORAGE INC 1,208.15 0.00 1,208.15 AP 00391579 06/20/2018 DAISY 75.39 0.00 75.39 AP 00391580 06/20/2018 DANCE DYNAMICS 10,684.00 0.00 10,684.00 AP 00391581 06/20/2018 DEDEAUX PROPERTIES LLC 7,100.00 0.00 7,100.00 AP 00391582 06/20/2018 DEPARTMENT OF CONSUMER AFFAIRS 172.50 0.00 172.50 AP 00391583 06/20/2018 DEPENDABLE COMPANY INC. 17.00 0.00 17.00 AP 00391584 06/20/2018 DIRECTV 350.91 0.00 350.91 AP 00391585 06/20/2018 DP SOLUTIONS INC 12,720.00 0.00 12,720.00 AP 00391586 06/20/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00391587 06/20/2018 EXECUTIVE AUTO DETAIL 1,095.00 0.00 1,095.00 AP 00391588 06/20/2018 FRANKLIN TRUCK PARTS 0.00 240.89 240.89 AP 00391589 06/20/2018 FRONTIER COMM 3,281.45 445.98 3,727.43 *** AP 00391590 06/20/2018 FUEL SERV 0.00 2,777.36 2,777.36 AP 00391591 06/20/2018 G AND M BUSINESS INTERIORS 166,212.87 0.00 166,212.87 AP 00391592 06/20/2018 GILKEY, JOHN 600.00 0.00 600.00 AP 00391593 06/20/2018 GILLISON, JOHN 59.25 0.00 59.25 AP 00391594 06/20/2018 GOODYEAR TIRE AND RUBBER CO. 1,489.40 0.00 1,489.40 AP 00391595 06/20/2018 GRAINGER 0.00 21.32 21.32 AP 00391596 06/20/2018 HAAKER EQUIPMENT CO 1,531.01 0.00 1,531.01 AP 00391597 06/20/2018 HI WAY SAFETY INC 353.44 0.00 353.44 AP 00391598 06/20/2018 HIMNEL USA INCORPORATED 10,768.00 0.00 10,768.00 AP 00391599 06/20/2018 HOSE MAN INC 251.70 78.23 329.93 *** AP 00391600 06/20/2018 HOYT LUMBER CO., SM 0.00 37.17 37.17 AP 00391601 06/20/2018 HUNTER, CHIANA 327.81 0.00 327.81 AP 00391602 06/20/2018 ICE DATA PRICING AND REFERENCE DATA LLC 387.59 0.00 387.59 AP 00391603 06/20/2018 INCENDIO MUSIC 2,000.00 0.00 2,000.00 AP 00391604 06/20/2018 INDERWIESCHE, MATT 1,275.00 0.00 1,275.00 AP 00391605 06/20/2018 INLAND EMPIRE STAGES LTD 1,037.50 0.00 1,037.50 AP 00391606 06/20/2018 INLAND PRESORT & MAILING SERVICES 112.01 0.00 112.01 AP 00391607 06/20/2018 JOHNNY ALLEN TENNIS ACADEMY 3,897.00 0.00 3,897.00 AP 00391608 06/20/2018 K -K WOODWORKING 43.06 0.00 43.06 AP 00391609 06/20/2018 KEITH, JORRY 168.00 0.00 168.00 AP 00391610 06/20/2018 KINDRED CORPORATION 39,611.43 0.00 39,611.43 AP 00391611 06/20/2018 KINDRED CORPORATION 530.13 0.00 530.13 AP 00391612 06/20/2018 LEVEL 3 COMMUNICATIONS LLC 5,291.57 0.00 5,291.57 AP 00391613 06/20/2018 LIFE ASSIST INC 0.00 6,738.98 6,738.98 AP 00391614 06/20/2018 MAIN STREET SIGNS 781.19 0.00 781.19 AP 00391615 06/20/2018 MANKE, ART 2,200.00 0.00 2,200.00 AP 00391616 06/20/2018 MARK CHRISTOPHER INC 0.00 2,031.27 2,031.27 AP 00391617 06/20/2018 MARQUIS CONSTRUCTION INC 5,000.00 0.00 5,000.00 AP 00391618 06/20/2018 MCMASTER CARR SUPPLY COMPANY 0.00 46.19 46.19 AP 00391619 06/20/2018 MIJAC ALARM COMPANY 102.00 0.00 102.00 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 114 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391620 06/20/2018 MINUTEMAN PRESS 2,623.15 0.00 2,623.15 AP 00391621 06/20/2018 MISSION REPROGRAPHICS 15.09 0.00 15.09 AP 00391622 06/20/2018 MOUNTAIN MOTOR SPORTS 915.65 0.00 915.65 AP 00391623 06/20/2018 MOUNTAIN VIEW SMALL ENG REPAIR 3.22 0.00 3.22 AP 00391624 06/20/2018 MUSICSTAR 495.00 0.00 495.00 AP 00391625 06/20/2018 MUTUAL PROPANE 0.00 7,329.90 7,329.90 AP 00391626 06/20/2018 NAPA AUTO PARTS 0.00 16.15 16.15 AP 00391627 06/20/2018 NBS 5,325.00 0.00 5,325.00 AP 00391628 06/20/2018 ONTRAC 18.80 0.00 18.80 AP 00391629 06/20/2018 ONWARD ENGINEERING 17,496.00 0.00 17,496.00 AP 00391630 06/20/2018 OSAK, MICHAEL 39.75 0.00 39.75 AP 00391631 06/20/2018 PELOTON INTERACTIVE INC 6,619.98 0.00 6,619.98 AP 00391632 06/20/2018 PEP BOYS 11.25 0.00 11.25 AP 00391633 06/20/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00391634 06/20/2018 PRISTINE UNIFORMS LLC 0.00 548.40 548.40 AP 00391635 06/20/2018 QUALITY TRUCK ELECTRIC INC 0.00 635.73 635.73 AP 00391636 06/20/2018 RANCHO CUCAMONGA-BRIDLEWOOD 11 6,127.00 0.00 6,127.00 AP 00391637 06/20/2018 RICHARD WIGHTMAN CONSTRUCTION INC 11,675.00 0.00 11,675.00 AP 00391638 06/20/2018 RICHARD WIGHTMAN CONSTRUCTION INC 9,749.00 0.00 9,749.00 AP 00391639 06/20/2018 RICHARD WIGHTMAN CONSTRUCTION INC 11,400.00 0.00 11,400.00 AP 00391640 06/20/2018 RODRIGUEZ, EUGENIO 333.00 0.00 333.00 AP 00391641 06/20/2018 SAFE -ENTRY TECHNICAL INC 0.00 610.00 610.00 AP 00391642 06/20/2018 SAN ANTONIO REGIONAL HOSPITAL 0.00 400.00 400.00 AP 00391643 06/20/2018 SAN BERNARDINO CTY SUPERINTENDENT OF SCHOOLS 1,801.00 0.00 1,801.00 AP 00391644 06/20/2018 SBPEA 1,617.06 0.00 1,617.06 AP 00391645 06/20/2018 SDC LEAGUE HEALTH FUND 925.00 0.00 925.00 AP 00391646 06/20/2018 SDC LEAGUE PENSION FUND 528.00 0.00 528.00 AP 00391647 06/20/2018 SHRED PROS 0.00 58.00 58.00 AP 00391648 06/20/2018 SNYDER, MAKENZIE 0.00 200.00 200.00 AP 00391649 06/20/2018 SOFTWARE ONE 7,796.00 0.00 7,796.00 AP 00391654 06/20/2018 SOUTHERN CALIFORNIA EDISON 8,503.12 2,384.46 10,887.58 *** AP 00391655 06/20/2018 STAGELIGHT PRODUCTIONS 5,300.00 0.00 5,300.00 AP 00391656 06/20/2018 STAGELIGHT PRODUCTIONS 500.00 0.00 500.00 AP 00391657 06/20/2018 THEATRE COMMUNICATIONS GROUP 604.50 0.00 604.50 AP 00391658 06/20/2018 TOVEY/SHULTZ CONSTRUCTION INC 846.68 0.00 846.68 AP 00391659 06/20/2018 U.S. BANK PARS ACCT #6746022500 1,545.03 0.00 1,545.03 AP 00391660 06/20/2018 U.S. BANK PARS ACCT #6746022500 6,605.00 0.00 6,605.00 AP 00391661 06/20/2018 U.S. BANK PARS ACCT #6746022500 17,830.79 0.00 17,830.79 AP 00391662 06/20/2018 UNDERGROUND SVC ALERT OF SO CAL 293.80 0.00 293.80 AP 00391663 06/20/2018 UNITED PACIFIC SERVICES INC 50,983.00 0.00 50,983.00 AP 00391664 06/20/2018 UNITED WAY 111.00 0.00 111.00 AP 00391665 06/20/2018 UNIVAR ENVIRONMENTAL SERVICES 1,039.56 0.00 1,039.56 AP 00391666 06/20/2018 UPS 263.62 0.00 263.62 AP 00391667 06/20/2018 UTILIQUEST 1,361.35 0.00 1,361.35 AP 00391668 06/20/2018 VALLEY POWER SYSTEMS INC 0.00 36.65 36.65 AP 00391669 06/20/2018 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00391670 06/20/2018 VANDERHAWK CONSULTING LLC 16,100.00 0.00 16,100.00 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 115 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391671 06/20/2018 VERIZON BUSINESS SERVICES 41.03 0.00 41.03 AP 00391672 06/20/2018 VILLENAS, FABIAN 40.40 0.00 40.40 AP 00391673 06/20/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00391674 06/20/2018 VISION COMMUNICATIONS CO 360.00 0.00 360.00 AP 00391675 06/20/2018 VISION SERVICE PLAN CA 11,428.22 0.00 11,428.22 AP 00391676 06/20/2018 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00391677 06/20/2018 VORTEX INDUSTRIES INC 0.00 534.27 534.27 AP 00391678 06/20/2018 WAXIE SANITARY SUPPLY 943.12 0.00 943.12 AP 00391679 06/20/2018 WESTLAND GROUP INC 5,243.25 0.00 5,243.25 AP 00391680 06/20/2018 WHITE HOUSE PHOTO INC 700.00 0.00 700.00 AP 00391681 06/20/2018 WILBUR-ELLIS COMPANY 1,162.01 0.00 1,162.01 AP 00391682 06/20/2018 WORD MILL PUBLISHING 400.00 0.00 400.00 AP 00391684 06/21/2018 BRODART BOOKS 6,137.38 0.00 6,137.38 AP 00391685 06/21/2018 INLAND VALLEY DAILY BULLETIN 1,046.00 0.00 1,046.00 AP 00391686 06/21/2018 INTERSTATE BATTERIES 364.18 0.00 364.18 AP 00391687 06/21/2018 JOHNSON EQUIPMENT COMPANY 0.00 919.66 919.66 AP 00391688 06/21/2018 KME FIRE APPARATUS 0.00 983.23 983.23 AP 00391689 06/21/2018 LIMS AUTO INC 2,134.37 0.00 2,134.37 AP 00391690 06/21/2018 MUSIC THEATRE INTERNATIONAL 10,791.69 0.00 10,791.69 AP 00391691 06/21/2018 OC TANNER RECOGNITION COMPANY 287.48 0.00 287.48 AP 00391692 06/21/2018 OFFICE DEPOT 3,507.86 713.30 4,221.16 *** AP 00391693 06/21/2018 ORKIN PEST CONTROL 82.00 0.00 82.00 AP 00391694 06/21/2018 OVERDRIVE INC 609.26 0.00 609.26 AP 00391695 06/21/2018 SAFETY KLEEN SYSTEMS INC 188.56 0.00 188.56 AP 00391696 06/21/2018 SITEONE LANDSCAPE SUPPLY LLC 39.65 0.00 39.65 AP 00391697 06/21/2018 VISTA PAINT 2,679.68 0.00 2,679.68 AP 00391698 06/21/2018 US POSTMASTER 0.00 2,726.33 2,726.33 AP 00391699 06/25/2018 CALIFORNIA BOARD OF EQUALIZATION, STATE OF 1,054.77 345.69 1,400.46 *** AP 00391700 06/27/2018 CURATALO, JAMES 0.00 1,618.70 1,618.70 AP 00391701 06/27/2018 KIRKPATRICK, WILLIAM 0.00 1,461.55 1,461.55 AP 00391702 06/27/2018 LONCAR, PHILIP 0.00 1,152.40 1,152.40 AP 00391703 06/27/2018 TOWNSEND, JAMES 0.00 1,618.70 1,618.70 AP 00391704 06/27/2018 WALKER, KENNETH 0.00 249.30 249.30 AP 00391705 06/27/2018 A'JONTUE, ROSE ANN 288.00 0.00 288.00 AP 00391706 06/27/2018 A.Y. NURSERY INC. 1,264.99 0.00 1,264.99 AP 00391707 06/27/2018 AAA ELECTRIC MOTOR SALES 829.78 0.00 829.78 AP 00391708 06/27/2018 ACTIVE NETWORK, THE 1,500.00 0.00 1,500.00 AP 00391709 06/27/2018 AFLAC GROUP INSURANCE 5,838.46 0.00 5,838.46 AP 00391710 06/27/2018 AFLAC GROUP INSURANCE 5,768.02 0.00 5,768.02 AP 00391711 06/27/2018 AGUILERA, ISAIAH 400.00 0.00 400.00 AP 00391712 06/27/2018 ALL CITIES TOOLS 371.74 0.00 371.74 AP 00391713 06/27/2018 ALL WELDING 2,550.00 0.00 2,550.00 AP 00391714 06/27/2018 ALLIED UNIVERSAL SECURITY SERVICES 587.52 0.00 587.52 AP 00391715 06/27/2018 ARGONAUT INSURANCE COMPANY INC. 14,496.56 0.00 14,496.56 AP 00391716 06/27/2018 AROCHO, ALMA 1,229.69 0.00 1,229.69 AP 00391717 06/27/2018 BAST, KAROLYN 280.80 0.00 280.80 AP 00391718 06/27/2018 BEALE, ASHLEY 15.00 0.00 15.00 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 116 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391719 06/27/2018 BELTRAN, OSBALDO ALVARADO 540.00 0.00 540.00 AP 00391720 06/27/2018 BENNETT, JEFFREY 933.62 0.00 933.62 AP 00391721 06/27/2018 BERNELL HYDRAULICS INC 30.15 0.00 30.15 AP 00391722 06/27/2018 BISHOP COMPANY 621.90 0.00 621.90 AP 00391723 06/27/2018 BOOT BARN INC. 1,414.32 0.00 1,414.32 AP 00391724 06/27/2018 BRAUN BLAISING SMITH WYNNE P.C. 3,083.85 0.00 3,083.85 AP 00391725 06/27/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 19,289.94 0.00 19,289.94 AP 00391726 06/27/2018 BUTSKO UTILITY DESIGN INC. 11,484.88 0.00 11,484.88 AP 00391727 06/27/2018 C V W D 13,186.17 679.51 13,865.68 *** AP 00391728 06/27/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391729 06/27/2018 CAL STATE SITE SERVICES 3,763.50 0.00 3,763.50 AP 00391730 06/27/2018 CALIFORNIA FIRE CHIEFS ASSOC. 0.00 200.00 200.00 AP 00391731 06/27/2018 CALIFORNIA NEWSPAPERS PARTNERSHIP 350.00 0.00 350.00 AP 00391732 06/27/2018 CARGANILLA, PAUL 700.00 0.00 700.00 AP 00391733 06/27/2018 CARQUEST AUTO PARTS 386.98 0.00 386.98 AP 00391734 06/27/2018 CASTILLO, JESSIE 200.00 0.00 200.00 AP 00391735 06/27/2018 CCS ORANGE COUNTY JANITORIAL INC. 50,630.89 0.00 50,630.89 AP 00391736 06/27/2018 CHAMPION AWARDS AND SPECIALTIES 245.14 0.00 245.14 AP 00391737 06/27/2018 CHARTER COMMUNICATIONS 39.00 0.00 39.00 AP 00391738 06/27/2018 CHINO MOWER AND ENGINE SERVICE 86.16 0.00 86.16 AP 00391739 06/27/2018 CINTAS CORPORATION #150 3,735.23 0.00 3,735.23 AP 00391740 06/27/2018 CLARK, KAREN 828.00 0.00 828.00 AP 00391741 06/27/2018 CONCEPT POWDER COATING 281.00 0.00 281.00 AP 00391742 06/27/2018 CORBIN & ASSOCIATES 710.00 0.00 710.00 AP 00391743 06/27/2018 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00391744 06/27/2018 COSTELLO, GABRIELLE 131.44 0.00 131.44 AP 00391745 06/27/2018 COUNTRY ESTATE FENCE CO INC 3,445.04 0.00 3,445.04 AP 00391746 06/27/2018 CREATIVE BRAIN LEARNING 2,178.00 0.00 2,178.00 AP 00391747 06/27/2018 D M CONTRACTING INC 15,375.00 0.00 15,375.00 AP 00391748 06/27/2018 DAISY 140.00 0.00 140.00 AP 00391749 06/27/2018 DICKINSON JANITORIAL SUPPLIES 520.09 0.00 520.09 AP 00391750 06/27/2018 DIRECTV 75.79 0.00 75.79 AP 00391751 06/27/2018 DOLLARHIDE, GINGER 160.00 0.00 160.00 AP 00391752 06/27/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 125.00 0.00 125.00 AP 00391753 06/27/2018 DUNN, ANN MARIE 564.00 0.00 564.00 AP 00391754 06/27/2018 EASTERLING, RAY 259.20 0.00 259.20 AP 00391755 06/27/2018 ECKLUND, MELANIE 15.00 0.00 15.00 AP 00391756 06/27/2018 EIGHTH AVENUE ENTERPRISE LLC 253.86 0.00 253.86 AP 00391757 06/27/2018 EXPERIAN 52.00 0.00 52.00 AP 00391758 06/27/2018 FEDERAL EXPRESS CORP 16.01 0.00 16.01 AP 00391759 06/27/2018 FEDERAL EXPRESS CORP 13.11 0.00 13.11 AP 00391760 06/27/2018 FELICIANO, GASPAR ANTHONY 576.00 0.00 576.00 AP 00391761 06/27/2018 FIRST STUDENT INC. 3,389.10 0.00 3,389.10 AP 00391762 06/27/2018 FRONTIER COMM 2,799.24 227.09 3,026.33 *** AP 00391763 06/27/2018 FUEL SERV 356.94 0.00 356.94 AP 00391764 06/27/2018 G AND M BUSINESS INTERIORS 734.39 0.00 734.39 AP 00391765 06/27/2018 GARON WYATT INVESTIGATIVE SERVICES 2,677.50 0.00 2,677.50 User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 117 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391766 06/27/2018 GEO PLASTICS INC 2,530.48 0.00 2,530.48 AP 00391767 06/27/2018 GIORDANO, MARIANNA 163.20 0.00 163.20 AP 00391768 06/27/2018 GOLDEN STATE RISK MANAGEMENT AUTHORITY 94,252.00 1,362.00 95,614.00 *** AP 00391769 06/27/2018 GRAINGER 790.21 0.00 790.21 AP 00391770 06/27/2018 GRANT III, VINCENT 500.00 0.00 500.00 AP 00391771 06/27/2018 GRAPHICS FACTORY INC. 4,640.58 0.00 4,640.58 AP 00391772 06/27/2018 GREEN ROCK POWER EQUIPMENT 77.20 0.00 77.20 AP 00391773 06/27/2018 HAMILTON, MONIQUE 960.00 0.00 960.00 AP 00391774 06/27/2018 HAMPTON YOGA 1,056.00 0.00 1,056.00 AP 00391775 06/27/2018 HEARTSAFE AMERICA INC 0.00 75,106.33 75,106.33 AP 00391776 06/27/2018 HEARTSAVERS LLC 3,779.00 0.00 3,779.00 AP 00391777 06/27/2018 HEPNER, MIREYA 597.93 0.00 597.93 AP 00391778 06/27/2018 HERITAGE EDUCATION GROUP 242.00 0.00 242.00 AP 00391779 06/27/2018 HI WAY SAFETY INC 1,658.64 0.00 1,658.64 AP 00391780 06/27/2018 HLP INC. 28,740.00 0.00 28,740.00 AP 00391781 06/27/2018 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL 0.00 439,792.76 439,792.76 AP 00391782 06/27/2018 HOSE MAN INC 28.38 0.00 28.38 AP 00391783 06/27/2018 HUNT, JON 46.25 0.00 46.25 AP 00391784 06/27/2018 IMPRESSIONS GOURMET CATERING 1,269.30 0.00 1,269.30 AP 00391785 06/27/2018 INDUSTRIAL HARDWARE AND SERVICE CO 317.86 0.00 317.86 AP 00391786 06/27/2018 ISHAQ, MUHAMMAD 87.30 0.00 87.30 AP 00391787 06/27/2018 JACKSON LEWIS P C 175.00 0.00 175.00 AP 00391788 06/27/2018 JENSEN, RACHEL 18.62 0.00 18.62 AP 00391789 06/27/2018 JOHNSON, CHEARICE 200.00 0.00 200.00 AP 00391790 06/27/2018 KINGDOM CREATIONS 2,324.17 0.00 2,324.17 AP 00391791 06/27/2018 KNOT, THE 3,840.00 0.00 3,840.00 AP 00391792 06/27/2018 KONG, SOPHEAK 200.00 0.00 200.00 AP 00391793 06/27/2018 LAN, HAN 87.00 0.00 87.00 AP 00391794 06/27/2018 LANDCARE USA LLC 54,514.22 0.00 54,514.22 AP 00391795 06/27/2018 LATREACE, RAINEY 392.00 0.00 392.00 AP 00391796 06/27/2018 LDD CONSULTING SERVICES 1,331.25 0.00 1,331.25 AP 00391797 06/27/2018 LIEBERT CASSIDY WHITMORE 895.50 0.00 895.50 AP 00391798 06/27/2018 MAIN STREET SIGNS 1,826.36 0.00 1,826.36 AP 00391799 06/27/2018 MALBERG, MATT 81.01 0.00 81.01 AP 00391800 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391801 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,573.25 0.00 1,573.25 AP 00391802 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,573.25 0.00 1,573.25 AP 00391803 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,887.90 0.00 1,887.90 AP 00391804 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,887.90 0.00 1,887.90 AP 00391805 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391806 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391807 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 943.95 0.00 943.95 AP 00391808 06/27/2018 MANCHESTER GRAND HYATT SAN DIEGO 1,288.60 0.00 1,288.60 AP 00391809 06/27/2018 MARTINEZ, ALEC 1,047.62 0.00 1,047.62 AP 00391810 06/27/2018 MEDEL, TIFFANY 15.00 0.00 15.00 AP 00391811 06/27/2018 METROLINK 10,000.00 0.00 10,000.00 AP 00391812 06/27/2018 MIDDLETON, LISA 187.05 0.00 187.05 User: VLOPEZ - VERONICA LOPEZ Page: 13 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 118 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391813 06/27/2018 MIDWEST TAPE 1,306.30 0.00 1,306.30 AP 00391814 06/27/2018 MINUTEMAN PRESS 609.93 0.00 609.93 AP 00391815 06/27/2018 MORRISON SPORTS LLC 799.20 0.00 799.20 AP 00391816 06/27/2018 MOUNTAIN VIEW SMALL ENG REPAIR 75.85 0.00 75.85 AP 00391817 06/27/2018 MSNOC INC 1,005.00 0.00 1,005.00 AP 00391818 06/27/2018 MUTUAL PROPANE 0.00 20.00 20.00 AP 00391819 06/27/2018 NIGHTHAWK TOTAL CONTROL 133.75 0.00 133.75 AP 00391820 06/27/2018 OCCUPATIONAL HEALTH CTRS OF CA 4,192.50 0.00 4,192.50 AP 00391821 06/27/2018 OCLC INC 55.41 0.00 55.41 AP 00391822 06/27/2018 ORONA, PATRICIA 700.00 0.00 700.00 AP 00391823 06/27/2018 OTT, LAURA 777.00 0.00 777.00 AP 00391824 06/27/2018 OTT, SHARON 666.00 0.00 666.00 AP 00391825 06/27/2018 PACIFIC TRUCK EQUIPMENT 8,055.85 0.00 8,055.85 AP 00391826 06/27/2018 PACIFIC UTILITY INSTALLATION INC 58,800.00 0.00 58,800.00 AP 00391827 06/27/2018 PARK, SOHYUN 4.36 0.00 4.36 AP 00391828 06/27/2018 PARS 3,500.00 0.00 3,500.00 AP 00391829 06/27/2018 PATCHETT & ASSOCIATES 2,289.66 0.00 2,289.66 AP 00391830 06/27/2018 PEP BOYS 15.00 0.00 15.00 AP 00391831 06/27/2018 PIP PRINTING 326.32 0.00 326.32 AP 00391832 06/27/2018 PORAC 303.30 0.00 303.30 AP 00391833 06/27/2018 PORAC LEGAL DEFENSE FUND 229.50 0.00 229.50 AP 00391834 06/27/2018 RANCHO CUCAMONGA QUAKES 4,765.00 0.00 4,765.00 AP 00391835 06/27/2018 RC COMMUNITY & ARTS FOUNDATION 3,969.00 0.00 3,969.00 AP 00391836 06/27/2018 RED WING SHOE STORE 380.46 0.00 380.46 AP 00391837 06/27/2018 REYES, MICHAEL 25.26 0.00 25.26 AP 00391838 06/27/2018 RF WHITE CO INC 1,772.49 0.00 1,772.49 AP 00391839 06/27/2018 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00391840 06/27/2018 ROSE BRAND WIPERS INC 390.32 0.00 390.32 AP 00391841 06/27/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 599.07 0.00 599.07 AP 00391842 06/27/2018 SAFEWAY SIGN COMPANY 5,628.32 0.00 5,628.32 AP 00391843 06/27/2018 SARMIENTO, DARRYL 40.47 0.00 40.47 AP 00391844 06/27/2018 SC FUELS 1,774.61 0.00 1,774.61 AP 00391845 06/27/2018 SCOTT, MICHAEL 998.08 0.00 998.08 AP 00391846 06/27/2018 SENECHAL, CALVIN 721.20 0.00 721.20 AP 00391847 06/27/2018 SHOETERIA 355.00 0.00 355.00 AP 00391848 06/27/2018 SIPHOMSAY, SID 200.00 0.00 200.00 AP 00391849 06/27/2018 SO CALIF GAS COMPANY 7,374.43 588.76 7,963.19 *** AP 00391853 06/27/2018 SOUTHERN CALIFORNIA EDISON 10,820.37 0.00 10,820.37 AP 00391854 06/27/2018 STORTM SELF STORAGE 545.00 0.00 545.00 AP 00391855 06/27/2018 STORAGE CONTAINER.COM 99.00 0.00 99.00 AP 00391856 06/27/2018 STOTZ EQUIPMENT 837.92 0.00 837.92 AP 00391857 06/27/2018 STOVER SEED COMPANY 3,717.38 0.00 3,717.38 AP 00391858 06/27/2018 SUMMIT INTERMEDIATE SCHOOL 207.50 0.00 207.50 AP 00391859 06/27/2018 SUN BADGE CO 96.71 0.00 96.71 AP 00391860 06/27/2018 SUNIGA, ALYCIA 30.78 0.00 30.78 AP 00391861 06/27/2018 SUNSHINE GROWERS NURSERY INC 226.28 0.00 226.28 AP 00391862 06/27/2018 SWARTZ, ALAN 27.00 0.00 27.00 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 119 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391863 06/27/2018 SYSCO LOS ANGELES INC 420.92 0.00 420.92 AP 00391864 06/27/2018 SYSTEMS SOURCE INC 5,991.38 0.00 5,991.38 AP 00391865 06/27/2018 THE COUNSELING TEAM INTERNATIONAL 0.00 1,800.00 1,800.00 AP 00391866 06/27/2018 TYUS, IDA 189.00 0.00 189.00 AP 00391867 06/27/2018 U.S. BANK PARS ACCT #6746022500 1,397.68 0.00 1,397.68 AP 00391868 06/27/2018 U.S. BANK PARS ACCT #6746022500 3,060.01 0.00 3,060.01 AP 00391869 06/27/2018 U.S. BANK PARS ACCT #6746022500 24,425.87 0.00 24,425.87 AP 00391870 06/27/2018 UNITED CEREBRAL PALSY OF INLAND EMPIRE 200.00 0.00 200.00 AP 00391871 06/27/2018 UNITED PACIFIC SERVICES INC 19,472.00 0.00 19,472.00 AP 00391872 06/27/2018 UPS 84.08 0.00 84.08 AP 00391873 06/27/2018 US POST OFFICE 11,000.00 0.00 11,000.00 AP 00391874 06/27/2018 VALLEY POWER SYSTEMS INC 0.00 14.40 14.40 AP 00391875 06/27/2018 VALVERDE SCHOOL OF PERFORMING ARTS 11,462.75 0.00 11,462.75 AP 00391876 06/27/2018 VEND U COMPANY 426.96 0.00 426.96 AP 00391877 06/27/2018 VERIZON WIRELESS - LA 101.33 0.00 101.33 AP 00391878 06/27/2018 VERIZON WIRELESS - LA 108.00 0.00 108.00 AP 00391879 06/27/2018 VIRANI, ROMIE 179.49 0.00 179.49 AP 00391880 06/27/2018 VORTEX INDUSTRIES INC 0.00 9,079.00 9,079.00 AP 00391881 06/27/2018 WALTERS WHOLESALE ELECTRIC CO 156.41 0.00 156.41 AP 00391882 06/27/2018 WAXIE SANITARY SUPPLY 2,966.85 0.00 2,966.85 AP 00391883 06/27/2018 WEST COAST VISUALS 150.00 0.00 150.00 AP 00391884 06/27/2018 WHITE HOUSE PHOTO INC 1,050.00 0.00 1,050.00 AP 00391885 06/27/2018 WHITTIER FERTILIZER 1,228.35 0.00 1,228.35 AP 00391886 06/27/2018 WILBUR-ELLIS COMPANY 3,988.68 0.00 3,988.68 AP 00391887 06/27/2018 WILSON, RYAN 500.00 0.00 500.00 AP 00391888 06/27/2018 WONDERS OF WILDLIFE INC 1,180.00 0.00 1,180.00 AP 00391889 06/27/2018 WU, TA -TE 822.64 0.00 822.64 AP 00391890 06/27/2018 YERO, ART 300.00 0.00 300.00 AP 00391891 06/27/2018 YORK INDUSTRIES 630.64 0.00 630.64 AP 00391892 06/28/2018 ABC LOCKSMITHS 2,750.11 1,484.54 4,234.65 *** AP 00391893 06/28/2018 AIRGAS USA LLC 0.00 143.73 143.73 AP 00391894 06/28/2018 CALSENSE 4,096.40 0.00 4,096.40 AP 00391895 06/28/2018 DEMCOINC 346.58 0.00 346.58 AP 00391896 06/28/2018 DUNN EDWARDS CORPORATION 183.51 228.26 411.77 *** AP 00391897 06/28/2018 EMCOR SERVICE 25,875.56 4,722.98 30,598.54 *** AP 00391898 06/28/2018 FORD OF UPLAND INC 2,676.02 0.00 2,676.02 AP 00391899 06/28/2018 GALLS LLC. 1,757.65 0.00 1,757.65 AP 00391900 06/28/2018 GENERATOR SERVICES CO 511.33 4,663.76 5,175.09 *** AP 00391901 06/28/2018 GOODYEAR TIRE AND RUBBER CO. 150.17 0.00 150.17 AP 00391902 06/28/2018 HOLLIDAY ROCK CO INC 1,245.06 0.00 1,245.06 AP 00391904 06/28/2018 OFFICE DEPOT 11,244.67 1,520.82 12,765.49 *** AP 00391905 06/28/2018 ORKIN PEST CONTROL 470.20 0.00 470.20 AP 00391906 06/28/2018 SIEMENS INDUSTRY INC 68,369.21 0.00 68,369.21 AP 00391907 06/28/2018 SITEONE LANDSCAPE SUPPLY LLC 5,695.32 0.00 5,695.32 AP 00391908 06/28/2018 SPINITAR 829.33 0.00 829.33 AP 00391909 06/28/2018 STABILIZER SOLUTIONS INC 2,025.00 0.00 2,025.00 AP 00391910 06/28/2018 TARGET SPECIALTY PRODUCTS 3,839.56 0.00 3,839.56 User: VLOPEZ - VERONICA LOPEZ Page: 15 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 120 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Cu Fire Amount AP 00391911 07/03/2018 3SI SECURITY SYSTEMS 1,080.00 0.00 1,080.00 AP 00391912 07/03/2018 A AND R TIRE SERVICE 3,307.24 0.00 3,307.24 AP 00391913 07/03/2018 ABLE BUILDING MAINTENANCE 3,116.50 0.00 3,116.50 AP 00391914 07/03/2018 ABOUT FACES ENTERTAINMENT LLC 1,080.00 0.00 1,080.00 AP 00391915 07/03/2018 ACEY DECY EQUIPMENT INC. 419.76 0.00 419.76 AP 00391916 07/03/2018 ADVANCED CHEMICAL TRANSPORT 1,376.50 0.00 1,376.50 AP 00391917 07/03/2018 AIR EXCHANGE INC 0.00 2,999.35 2,999.35 AP 00391918 07/03/2018 ALEXANDER, TONYA 87.00 0.00 87.00 AP 00391919 07/03/2018 ALL AMERICAN ASPHALT 63,549.22 0.00 63,549.22 AP 00391920 07/03/2018 ALL STATE POLICE EQUIPMENT CO. INC. 211.19 0.00 211.19 AP 00391921 07/03/2018 ALLIED UNIVERSAL SECURITY SERVICES 25,772.54 0.00 25,772.54 AP 00391922 07/03/2018 ALPHAGRAPHICS 1,132.14 0.00 1,132.14 AP 00391923 07/03/2018 AMTECH ELEVATOR SERVICES 150.00 0.00 150.00 AP 00391924 07/03/2018 APPLE INC. 526.25 0.00 526.25 AP 00391925 07/03/2018 ARS AMERICAN RESIDENTIAL 166.10 0.00 166.10 AP 00391926 07/03/2018 ASSI SECURITY 492.90 235.00 727.90 *** AP 00391927 07/03/2018 B & H 2,739.00 0.00 2,739.00 AP 00391928 07/03/2018 BLAINE WINDOW HARDWARE INC. 892.05 0.00 892.05 AP 00391929 07/03/2018 BOB'S MUFFLER SHOP 250.00 0.00 250.00 AP 00391930 07/03/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 27,331.13 0.00 27,331.13 AP 00391931 07/03/2018 C V W D 2,694.55 0.00 2,694.55 AP 00391932 07/03/2018 CABLE INC. 85,332.22 0.00 85,332.22 AP 00391933 07/03/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391934 07/03/2018 CALIFORNIA PROFESSIONAL ENGINEERING INC 21,128.00 0.00 21,128.00 AP 00391935 07/03/2018 CARAHSOFT TECHNOLOGY CORP 36,534.23 0.00 36,534.23 AP 00391936 07/03/2018 CARQUEST AUTO PARTS 674.66 0.00 674.66 AP 00391937 07/03/2018 CHARTER COMMUNICATIONS 9,727.51 4,370.12 14,097.63 *** AP 00391938 07/03/2018 CINTAS CORPORATION #150 0.00 483.12 483.12 AP 00391939 07/03/2018 CLARK, KAREN 270.00 0.00 270.00 AP 00391940 07/03/2018 COAST RECREATION INC 1,815.99 0.00 1,815.99 AP 00391941 07/03/2018 COMMERCIAL DOOR 346.50 0.00 346.50 AP 00391942 07/03/2018 COMMUNITY BANK 3,344.70 0.00 3,344.70 AP 00391943 07/03/2018 CONSOLIDATED ELECTRICAL DISTR INC 2,384.24 0.00 2,384.24 AP 00391944 07/03/2018 CREATIVE BRAIN LEARNING 693.00 0.00 693.00 AP 00391945 07/03/2018 CURTIS J DAHLE ARCHITECT 9,700.00 0.00 9,700.00 AP 00391946 07/03/2018 CV STRATEGIES 311.00 0.00 311.00 AP 00391947 07/03/2018 CWE 1,569.40 0.00 1,569.40 AP 00391948 07/03/2018 DANCE TERRIFIC 1,593.90 0.00 1,593.90 AP 00391949 07/03/2018 DANIELS, NOAH 479.98 0.00 479.98 AP 00391950 07/03/2018 DEPENDABLE COMPANY INC. 28.00 0.00 28.00 AP 00391951 07/03/2018 DORSEY, JEANETTE 37.56 0.00 37.56 AP 00391952 07/03/2018 EDWARD PROFESSIONAL ADVISORS 2,662.50 0.00 2,662.50 AP 00391953 07/03/2018 EIGHTH AVENUE ENTERPRISE LLC 362.04 0.00 362.04 AP 00391954 07/03/2018 ENN GEE CORP. 462.00 0.00 462.00 AP 00391955 07/03/2018 EXPRESS BRAKE SUPPLY 244.79 0.00 244.79 AP 00391956 07/03/2018 FACTORY MOTOR PARTS 0.00 1,720.27 1,720.27 AP 00391957 07/03/2018 FEDERAL EXPRESS CORP 42.60 0.00 42.60 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 121 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name City Fire Amount AP 00391958 07/03/2018 FIRST CLASS HEATING & AIR 4,568.45 0.00 4,568.45 AP 00391959 07/03/2018 FLEET SERVICES INC. 0.00 335.89 335.89 AP 00391960 07/03/2018 FRANKLIN TRUCK PARTS 0.00 316.74 316.74 AP 00391961 07/03/2018 FRANKLIN, TIANA 500.00 0.00 500.00 AP 00391962 07/03/2018 G AND M BUSINESS INTERIORS 565.92 0.00 565.92 AP 00391963 07/03/2018 GLOBALSTAR USA 170.94 0.00 170.94 AP 00391964 07/03/2018 GONZALEZ, CATHY 189.00 0.00 189.00 AP 00391965 07/03/2018 GRIFFIN STRUCTURES INC 14,994.00 0.00 14,994.00 AP 00391966 07/03/2018 HAAKER EQUIPMENT CO 134.45 0.00 134.45 AP 00391967 07/03/2018 HAULAWAY STORAGE CONTAINERS INC. 239.68 0.00 239.68 AP 00391968 07/03/2018 HEMSTEDT, SEAN 1,000.00 0.00 1,000.00 AP 00391969 07/03/2018 HERC RENTALS INC. 743.28 0.00 743.28 AP 00391970 07/03/2018 HERITAGE EDUCATION GROUP 125.00 0.00 125.00 AP 00391971 07/03/2018 HOME DEPOT CREDIT SERVICES 645 1,156.38 0.00 1,156.38 AP 00391972 07/03/2018 IMPRESSIONS GOURMET CATERING 196.64 0.00 196.64 AP 00391973 07/03/2018 INLAND EMPIRE HEALTH PLAN 1,000.00 0.00 1,000.00 AP 00391974 07/03/2018 INLAND VALLEY DANCE ACADEMY 1,492.20 0.00 1,492.20 AP 00391975 07/03/2018 INTELESYS ONE INC 1,920.98 0.00 1,920.98 AP 00391976 07/03/2018 K -K WOODWORKING 882.31 0.00 882.31 AP 00391977 07/03/2018 KEITH, JORRY 846.00 0.00 846.00 AP 00391978 07/03/2018 KURATA, HARUO 68.76 0.00 68.76 AP 00391979 07/03/2018 LOS ANGELES TIMES 499.66 0.00 499.66 AP 00391980 07/03/2018 MARIPOSA LANDSCAPES INC 20,889.10 0.00 20,889.10 AP 00391981 07/03/2018 MARQUEZ, EMMANUEL E 225.00 0.00 225.00 AP 00391982 07/03/2018 MATLOCK DESIGN BUILD INC 2,955.00 0.00 2,955.00 AP 00391983 07/03/2018 MAXWELL, ANTHONY 9.00 0.00 9.00 AP 00391984 07/03/2018 MCDONOUGH, HUBERT 69.42 0.00 69.42 AP 00391985 07/03/2018 MCMASTER CARR SUPPLY COMPANY 38.93 0.00 38.93 AP 00391986 07/03/2018 MELITA, GEORGE 762.94 0.00 762.94 AP 00391987 07/03/2018 MIJAC ALARM COMPANY 0.00 95.00 95.00 AP 00391988 07/03/2018 MINUTEMAN PRESS 0.00 1,500.24 1,500.24 AP 00391989 07/03/2018 MISSION REPROGRAPHICS 5.39 0.00 5.39 AP 00391990 07/03/2018 MORRIS, DOUG 250.00 0.00 250.00 AP 00391991 07/03/2018 MORRIS, RICHARD 90.00 0.00 90.00 AP 00391992 07/03/2018 MOUNTAIN MOTOR SPORTS 3,816.40 0.00 3,816.40 AP 00391993 07/03/2018 MUSICLAND 746.90 0.00 746.90 AP 00391994 07/03/2018 MUTUAL PROPANE 0.00 259.62 259.62 AP 00391995 07/03/2018 NATIONAL FIRE FIGHTER WILDLAND 0.00 95.90 95.90 AP 00391996 07/03/2018 NOAH GRANGE PACIFIC PRODUCTION SVCS INC 1,000.00 0.00 1,000.00 AP 00391997 07/03/2018 NUNNALLY, DONALD 1,218.80 0.00 1,218.80 AP 00391998 07/03/2018 ONWARD ENGINEERING 6,144.00 0.00 6,144.00 AP 00391999 07/03/2018 PACIFIC PREMIER BANK 0.00 17,061.21 17,061.21 AP 00392000 07/03/2018 PACIFIC YOUTH SPORTS 1,584.00 0.00 1,584.00 AP 00392001 07/03/2018 PATCHETT & ASSOCIATES 2,286.29 0.00 2,286.29 AP 00392002 07/03/2018 PETES ROAD SERVICE INC 177.41 0.00 177.41 AP 00392003 07/03/2018 PIP PRINTING 119.60 0.00 119.60 AP 00392004 07/03/2018 PIVOVAROFF, DORIS 32.00 0.00 32.00 User: VLOPEZ - VERONICA LOPEZ Page: 17 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 122 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00392005 07/03/2018 PRECISION GYMNASTICS 2,663.50 0.00 2,663.50 AP 00392006 07/03/2018 PRO SPRAY INC 4,803.57 0.00 4,803.57 AP 00392007 07/03/2018 PROMOTIONS TEES & MORE 771.90 0.00 771.90 AP 00392008 07/03/2018 PSA PRINT GROUP 88.36 0.00 88.36 AP 00392009 07/03/2018 RC CONSTRUCTION SERVICES INC 0.00 296,202.54 296,202.54 AP 00392010 07/03/2018 RICHARD WIGHTMAN CONSTRUCTION INC 6,400.00 0.00 6,400.00 AP 00392011 07/03/2018 RICHARD WIGHTMAN CONSTRUCTION INC 5,000.00 0.00 5,000.00 AP 00392012 07/03/2018 RICK ENGINEERING COMPANY 3,550.00 0.00 3,550.00 AP 00392013 07/03/2018 RJM DESIGN GROUP INC 7,101.95 0.00 7,101.95 AP 00392014 07/03/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 2,429.71 0.00 2,429.71 AP 00392015 07/03/2018 RYAN, LINDA 55.30 0.00 55.30 AP 00392016 07/03/2018 SAN BERNARDINO CO AUDITOR CONT 13,056.32 0.00 13,056.32 AP 00392017 07/03/2018 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 2,465.79 2,465.79 AP 00392018 07/03/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,494.04 0.00 3,494.04 AP 00392019 07/03/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 9,613.38 0.00 9,613.38 AP 00392020 07/03/2018 SAN BERNARDINO CTY 0.00 11,297.00 11,297.00 AP 00392021 07/03/2018 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00392022 07/03/2018 SBC TREASURER TAX COLLECTOR 300.00 0.00 300.00 AP 00392023 07/03/2018 SC FUELS 25,561.30 0.00 25,561.30 AP 00392024 07/03/2018 SC FUELS 0.00 3,630.06 3,630.06 AP 00392025 07/03/2018 SHRED IT USA LLC 190.95 0.00 190.95 AP 00392026 07/03/2018 SHRED PROS 0.00 220.00 220.00 AP 00392027 07/03/2018 SIGN SHOP, THE 0.00 816.28 816.28 AP 00392028 07/03/2018 SILVER & WRIGHT LLP 20,927.02 0.00 20,927.02 AP 00392029 07/03/2018 SO CALIF GAS COMPANY 663.89 0.00 663.89 AP 00392032 07/03/2018 SOUTHERN CALIFORNIA EDISON 16,778.78 1,389.62 18,168.40 *** AP 00392033 07/03/2018 SOUTHERN CALIFORNIA EDISON 75.35 0.00 75.35 AP 00392034 07/03/2018 SOUTHERN CALIFORNIA EDISON 2,227.29 0.00 2,227.29 AP 00392035 07/03/2018 STATEWIDE TOWING & RECOVERY 343.00 0.00 343.00 AP 00392036 07/03/2018 STORAGE CONTAINER.COM 198.00 0.00 198.00 AP 00392037 07/03/2018 SUNSHINE GROWERS NURSERY INC 311.38 0.00 311.38 AP 00392038 07/03/2018 SWEET DOUGH CAFE 900.00 0.00 900.00 AP 00392039 07/03/2018 TINT CITY WINDOW TINTING 60.00 0.00 60.00 AP 00392040 07/03/2018 TORRES, NICHOLAS REGGIE 275.00 0.00 275.00 AP 00392041 07/03/2018 UNIVERSAL MARTIAL ARTS CENTERS 406.00 0.00 406.00 AP 00392042 07/03/2018 UNIVERSITY ENTERPRISES CORP @ CSUSB, THE 15,000.00 0.00 15,000.00 AP 00392043 07/03/2018 UPS 59.37 0.00 59.37 AP 00392044 07/03/2018 UTILIQUEST 816.81 0.00 816.81 AP 00392045 07/03/2018 VERIZON WIRELESS - LA 0.00 4,462.91 4,462.91 AP 00392046 07/03/2018 VORTEX INDUSTRIES INC 4,100.00 0.00 4,100.00 AP 00392047 07/03/2018 WANG, EMMA 120.00 0.00 120.00 AP 00392048 07/03/2018 WAXIE SANITARY SUPPLY 2,189.74 0.00 2,189.74 AP 00392049 07/03/2018 WESTNET INC 0.00 83,314.53 83,314.53 AP 00392050 07/03/2018 WILBUR-ELLIS COMPANY 3,928.07 0.00 3,928.07 AP 00392051 07/03/2018 WILSON & BELL AUTO SERVICE 90.00 0.00 90.00 AP 00392052 07/03/2018 WORLD ELITE GYMNASTICS 210.00 0.00 210.00 AP 00392053 07/03/2018 ZAPATA, ALEX 203.72 0.00 203.72 User: VLOPEZ - VERONICA LOPEZ Page: 18 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 123 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name City Fire Amount AP 00392054 07/03/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00392055 07/03/2018 ALTA LOMA ASSISTED LIVING LLC 2,500.00 0.00 2,500.00 AP 00392056 07/03/2018 ALTA VISTA MOBILE HOME PARK 500.00 0.00 500.00 AP 00392057 07/03/2018 AMTECH ELEVATOR SERVICES 2,213.64 0.00 2,213.64 AP 00392058 07/03/2018 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00392059 07/03/2018 CALIFORNIA, STATE OF 1,318.48 0.00 1,318.48 AP 00392060 07/03/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00392061 07/03/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00392062 07/03/2018 CALIFORNIA, STATE OF 301.05 0.00 301.05 AP 00392063 07/03/2018 CALIFORNIA, STATE OF 312.88 0.00 312.88 AP 00392064 07/03/2018 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00392065 07/03/2018 CAWELTI, SEAN 666.00 0.00 666.00 AP 00392066 07/03/2018 CHAPARRAL HEIGHTS MOBILE HOME PARK 700.00 0.00 700.00 AP 00392067 07/03/2018 CORBIN & ASSOCIATES 385.00 0.00 385.00 AP 00392068 07/03/2018 DELTA DENTAL 1,469.88 0.00 1,469.88 AP 00392069 07/03/2018 DELTA DENTAL 41,271.21 0.00 41,271.21 AP 00392070 07/03/2018 EDUCATIONAL CREDIT MANAGEMENT CORP. 10.91 0.00 10.91 AP 00392071 07/03/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00392072 07/03/2018 FBI-LEEDA 650.00 0.00 650.00 AP 00392073 07/03/2018 FBI-LEEDA 650.00 0.00 650.00 AP 00392074 07/03/2018 FOLKENS, KIM 270.00 0.00 270.00 AP 00392075 07/03/2018 GROVES ON FOOTHILL, THE 300.00 0.00 300.00 AP 00392076 07/03/2018 HEDY, THOMAS 203.72 0.00 203.72 AP 00392077 07/03/2018 HEMSTEDT, SEAN 1,250.00 0.00 1,250.00 AP 00392078 07/03/2018 HOMETOWN AMERICA RAMONA VILLA 800.00 0.00 800.00 AP 00392079 07/03/2018 HUNT, KAREN 200.00 0.00 200.00 AP 00392080 07/03/2018 1 A A P CALIFORNIA DIVISION 150.00 0.00 150.00 AP 00392081 07/03/2018 IATSE NATIONAL HEALTH & WELFARE FUNDS 240.00 0.00 240.00 AP 00392082 07/03/2018 INCA THE PERUVIAN MUSIC & DANCE ENSEMBLE 2,300.00 0.00 2,300.00 AP 00392083 07/03/2018 INTERNATIONAL FOOTPRINT ASSOCIATION 40.00 0.00 40.00 AP 00392084 07/03/2018 JTS/OCASSP 159.00 0.00 159.00 AP 00392085 07/03/2018 KAISER FOUNDATION HEALTH PLAN INC 238,958.10 0.00 238,958.10 AP 00392086 07/03/2018 LANE, JUSTIN 203.72 0.00 203.72 AP 00392087 07/03/2018 MEYERS, JOHN 203.72 0.00 203.72 AP 00392088 07/03/2018 PARSAC 405,337.00 600,275.00 1,005,612.00 *** AP 00392089 07/03/2018 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00392090 07/03/2018 PLAYS FOR YOUNG AUDIENCES 1,000.00 0.00 1,000.00 AP 00392091 07/03/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00392092 07/03/2018 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00392093 07/03/2018 RKS ZONE INC. 5,000.00 0.00 5,000.00 AP 00392094 07/03/2018 RMC FACILITIES SERVICES 5,000.00 0.00 5,000.00 AP 00392095 07/03/2018 ROBINSON, NICK 500.00 0.00 500.00 AP 00392096 07/03/2018 SBPEA 1,620.17 0.00 1,620.17 AP 00392097 07/03/2018 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00392098 07/03/2018 TEXAS MEDICAL SCREENING LLC 445.00 0.00 445.00 AP 00392099 07/03/2018 TRIFYTT SPORTS 1,845.00 0.00 1,845.00 AP 00392100 07/03/2018 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 180.00 0.00 180.00 User: VLOPEZ - VERONICA LOPEZ Page: 19 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 124 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 6/12/2018 through 7/9/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00392101 07/03/2018 UNITED WAY 108.00 0.00 108.00 AP 00392102 07/03/2018 WALTERS MUSIC AGENCY 300.00 0.00 300.00 AP 00392103 07/05/2018 AIRGAS USA LLC 0.00 104.04 104.04 AP 00392109 07/05/2018 BRODART BOOKS 18,422.73 0.00 18,422.73 AP 00392110 07/05/2018 EMCOR SERVICE 1,134.00 0.00 1,134.00 AP 00392111 07/05/2018 GENERATOR SERVICES CO 3,845.28 1,272.30 5,117.58 *** AP 00392112 07/05/2018 GOODYEAR TIRE AND RUBBER CO. 3,634.34 0.00 3,634.34 AP 00392113 07/05/2018 INTERSTATE BATTERIES 839.72 0.00 839.72 AP 00392114 07/05/2018 JOHNSON EQUIPMENT COMPANY 0.00 6,947.56 6,947.56 AP 00392115 07/05/2018 KME FIRE APPARATUS 0.00 423.89 423.89 AP 00392116 07/05/2018 LAWSON PRODUCTS INC 0.00 235.37 235.37 AP 00392117 07/05/2018 LN CURTIS AND SONS 0.00 12,206.72 12,206.72 AP 00392118 07/05/2018 OFFICE DEPOT 4,085.38 0.00 4,085.38 AP 00392119 07/05/2018 ORKIN PEST CONTROL 301.05 586.10 887.15 *** AP 00392120 07/05/2018 OVERDRIVE INC 319.99 0.00 319.99 AP 00392121 07/05/2018 SITEONE LANDSCAPE SUPPLY LLC 4,498.67 0.00 4,498.67 AP 00392122 07/05/2018 SNAP ON INDUSTRIAL 781.73 0.00 781.73 AP 00392123 07/05/2018 SUNRISE FORD 595.61 0.00 595.61 Total City: $4,035,635.94 Total Fire: $1,829,829.04 Grand Total:$5,865,4ZT-58 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 20 Current Date: 07/10/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:22:51 Page 125 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: James C. Frost, City Treasurer INITIATED BY: Lori E. Sassoon, Deputy City Manage r/Ad m i nstrative Services Tamara L. Layne, Finance Director Sandra G. Ramirez, Management Analyst III SUBJECT: CONSIDERATION TO RECEIVE AND FILE CURRENT INVESTMENT SCHEDULE AS OF JUNE 30, 2018. RECOMMENDATION: Staff recommends that the City Council receive and file the attached current investment schedule for the City of Rancho Cucamonga as of June 30, 2018. BACKGROUND: The attached investment schedule as of June 30, 2018 reflects cash and investments managed by the Finance/Treasury Management Division and is in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga's adopted Investment Policy as approved by the City Council on April 17, 2017. ANALYSIS: The City Treasurer is required to submit a quarterly investment report to the City Council in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Httacnment I — Hortfolio Management— Portfolio Summary June 30, 2018 Page 126 C C O �E U 7 U 0 co C it O = d V E ci c = N OccU)c V O eh O 0 C 0 o a° �a V 7 Q W N W e�0 M w g 40 X o� co O � vl rn I a w LO o ao a O aD O 10 CD N N 1- OD N I O N M O O) ao OI Wn aD U0 aD N f0 10 0D .- O 1-- — O N W I Ip 0 w 0 0 0 a O - 0 10 0 M � I O r 0 m N M aD aD N O N � N aD O W O 0 Oi 0 O M W M G O a N a'OD n m C O m 007 m aD a 0Op O 07 07 fI N h 0 fD P < O 1n 0 f0 M � r ao tD a0 a N V� n m a a O N O 0oD Ono O M aD 0 1n r N I� v M� m W L i 00D a m -a 000 a o M C O O c c O o 0 0 r 0 O N 9 a a O r ao aD Oi 0 <O r O 10 0 a, r 0 OI Of M N O 0as �O OI O O> IrrN v v O O LILo cOp v H y a v } Qc M C4� O O � O O A C d ayi A 10 NAYU OE 10 d> C V% m l7 N a.o m C d aci c N '.00- Q qQ O C m N 0 OI Of M N O 0as �O OI O O> IrrN v v O O LILo cOp H y } Qc M C4� cm LL O o C �? 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E> > E NU�p LL c �p LL LL V {p LL LL ;Q tp LL LL j X C 7 j X .O C 7 X .O C 7 X C 7 C 7 U _w E a� 0~ 5 E a� 0 5 E aLLi 0 E o LL U 6 m E a> U LL ow LL> 2 ° a LL> 2 L a LL 2 t a LL Z t !a LL 2 L° C N CG O. fJ (U -a n O U Z 'O n N U V 9 n N U .* C y C y N C m c y N C o c y 0 C y C y N C mtnmaam mtnmam WWODa� �tnmam mtnmam w Y Y Y Y Y Y cc m m m m m m m 0 0 0 0 0 0 D D D D D 15 a IL d m O` E- 0 U a co O tEp U O m N O O CDO N O Z O LL U Q N N N m O m C7 O � a) _ c Qc O O O a7 N N N Z Z Z O O U U U O Z O 'Page 136 ;al QaQQ z z z z 0 L OI N N N N O O O O O M M M C\ a n n n n C m C V v v v C C C C LL LL 7 7 - LL LL O O O n n n n 0000 v a v v N N N N n n n n CO CO CO w _ LL'Cc M N LL 7 E CU LL T M Z CL v m cCL m°LLd m x Cd N m 7 7 Page 137 Lo toCO N � n ai 6 w F. - OD n Lq w r n N N n n v v v► w IE O O 0 ;al QaQQ z z z z 0 L OI N N N N O O O O O M M M C\ a n n n n C m C V v v v C C C C LL LL 7 7 - LL LL O O O n n n n 0000 v a v v N N N N n n n n CO CO CO w _ LL'Cc M N LL 7 E CU LL T M Z CL v m cCL m°LLd m x Cd N m 7 7 Page 137 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: Jennifer Hunt, Community Services Director INITIATED BY: Jenny Hanlon, Community Services Supervisor SUBJECT: CONSIDERATION FORAPPROVAL OF THE REVISED FIELD ALLOCATION POLICY. RECOMMENDATION: Staff recommends that the City Council approve the revised Field Allocations Policy. BACKGROUND: On December 6, 2017 City Council directed the Community Services Department to revise the Field Allocations Policy after members of the Sports Advisory Committee shared their concerns with the current policy, last approved in 2007. The policy is used to allocate sports fields to members of the Sports Advisory Committee. City staff worked with the Sports Advisory Committee to update the policy as attached. ANALYSIS: City staff researched field allocation policies from multiple cities in the surrounding area, including Fontana, Orange, Arcadia, Mission Viejo, Diamond Bar and Stanton. It was important to staff that the City of Rancho Cucamonga policy follow best practices. City staff reviewed the policy with the Sports Advisory Committee for their input at the January 9, 2018 and March 13, 2018 Sports Advisory Council meetings. As of the March 13, 2018 Sports Advisory Committee Meeting, no additional changes were requested by the Sports Advisory Committee Members, and to date, no other feedback has been provided. Notable changes to the policy include: • Allocating fields based on hours per team not a percentage of fields based on residency. • Fields are no longer weighted based on lights. All groups are guaranteed non-exclusive access to one lighted field. • Only City fields and school district joint -use fields will be included in the allocations, unless a league provides a written agreement for use of another field outside City authority for allocations. • Groups must remain in good standing (maintain 80% residency, maintain non-profit status, attend a minimum of 75% of SAC meetings and adhere to rules and guidelines of the Field Allocation Policy) to remain a Sports Advisory Committee Member. Page 138 FISCAL IMPACT: Not applicable. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Description Attachment i - Kevised Field Allocation Policy Page 139 CITY OF RANCHO CUCAMONGA PURPOSE: This document sets forth the policy for the City of Rancho Cucamonga (hereafter, "the City") to facilitate the allocation of all available fields and facilities under its ownership and/or allocation control (joint -use facility) in an equitable and fair manner. This Field Allocation Policy is designed to: • Ensure that Rancho Cucamonga residents have priority usage and access to Rancho Cucamonga fields and facilities. • Ensure that maintenance and renovation can be scheduled and implemented properly to maintain quality facilities for use by the public. • Develop a procedure for approved Organizations to secure fields for games, practices and other events. • Avoid disputes among Organizations over field usage, as the demand for the limited resources and field space exceeds the ability to permit unlimited and/or unscheduled use by all participants. GENERAL POLICIES AND PROCEDURES: npfinitinnc- 1. Community Services Department Director: Shall mean the Community Services Department Director and/or his or her designee(s). 2. Participant: Participant(s) shall include only those players or users who are fully registered with the user organization. Coaches, officials, leaders and staff are not considered participants. 3. Resident: Participant whose principal place of residence is within the City of Rancho Cucamonga limits. 4. Good Standing: Resident recreation youth organization that has met the requirements of the Sports Advisory Committee member, defined on page 3 of this document. Page 140 POLICY NO.: RANCHO PAGE 1 OF CUCAMONGA EFFECTIVE DATE: REVISED DATE: Community APPROVED DATE: Services PURPOSE: This document sets forth the policy for the City of Rancho Cucamonga (hereafter, "the City") to facilitate the allocation of all available fields and facilities under its ownership and/or allocation control (joint -use facility) in an equitable and fair manner. This Field Allocation Policy is designed to: • Ensure that Rancho Cucamonga residents have priority usage and access to Rancho Cucamonga fields and facilities. • Ensure that maintenance and renovation can be scheduled and implemented properly to maintain quality facilities for use by the public. • Develop a procedure for approved Organizations to secure fields for games, practices and other events. • Avoid disputes among Organizations over field usage, as the demand for the limited resources and field space exceeds the ability to permit unlimited and/or unscheduled use by all participants. GENERAL POLICIES AND PROCEDURES: npfinitinnc- 1. Community Services Department Director: Shall mean the Community Services Department Director and/or his or her designee(s). 2. Participant: Participant(s) shall include only those players or users who are fully registered with the user organization. Coaches, officials, leaders and staff are not considered participants. 3. Resident: Participant whose principal place of residence is within the City of Rancho Cucamonga limits. 4. Good Standing: Resident recreation youth organization that has met the requirements of the Sports Advisory Committee member, defined on page 3 of this document. Page 140 POLICY NAME Page 2 of 13 5. Sports Advisory Committee (SAC): Advisory board comprised of representatives of nonprofit resident recreation youth organizations comprised of at least 80% Residents and are in good standing with the Community Services Department as a SAC member. 6. Organization: Nonprofit resident youth recreation SAC member with a minimum of one -hundred (100) or more participants and a minimum Rancho Cucamonga residency rate of 80%. 7. City Field: Any field or facility which is City -owned. 8. Joint -Use Field: Field available to the City to allocate per a Joint -Use Agreement between a School District and the City. School District will ultimately have final allocation approval. Not all school districts within the City of Rancho Cucamonga may have a Joint -Use Agreement with the City. 9. Outside Field: A field that does not fall under the definition of a City Field and/or Joint -Use Field used by an Organization. 10. Primary Season User: An Organization whose sport is "In -Season" and shall be given first priority access to City Fields. 11. Secondary Season User: An Organization whose sport is not "In -Season" and is given second priority access to City Fields. 12. New User Organization: Organizations that submit an application to become a SAC member, having a minimum of one -hundred (100) or more participants and a minimum Rancho Cucamonga residency rate of 80%. Applications must be submitted a minimum of one (1) year in advance of desired season. Splinter, spin-off or subsidiary organizations from existing SAC Organizations will be considered a new user. 13. Baseball Field: Fields with a 60' or 90' baseline, clay infield, grass outfield and elevated pitcher's mound. 14. Grass Field: Multi -use field that is grass only, may have a backstop, goal posts and/or space for soccer goals. 15. Skin Field: Multi -use field with a 50', 60', or 70' baseline, clay infield, grass outfield and non -elevated pitcher's mound. 16. Overlay Field: Multi -use field for football or soccer which utilizes the outfield of an existing Baseball, Grass or Skin Field. Both the multi -use field and the ball fields cannot be used at the same time. 17. Subleasing or Sub -letting: Refers to an Organization who has allowed a non- F'age 141 POLICY NAME Page 3 of 13 approved group to use their allocated time and field space. Sports Advisory Committee: 1. SAC is an advisory board to the Community Services Department, meeting four (4) to six (6) times per year, or as needed. SAC may meet to discuss field allocations, New User Organization applications, existing Organizations league expansion, residency, field/park maintenance, and/or issues that pertain specifically to youth sports organizations. City staff will be responsible for providing formal recommendations to the Community Services Department Director. 2. SAC Organizations will be given two (2) free Sunday City Field rentals per allocation period. SAC Organizations will be allowed one (1) free, two-hour room renal for board meetings once a month at Lions East, Lions West or the Rancho Cucamonga Family Resource Center. 3. In order to be recognized by the Department and to be eligible to participate in the field allocation process, Organizations must meet the following criteria: a. The Organization has a mission statement or articles of incorporation stating that the objectives of the organization are of a non-profit and non- commercial in nature. b. The Organization must be governed by a board of directors selected by the membership that manages the operations of the league, comprised of at least 51 % Rancho Cucamonga Residents. c. The Organization must establish, maintain and operate under a set of bylaws. The bylaws must establish the objectives of the program, membership requirements, description of its board of directors, election of officers and all procedures relative to the league. A current copy of the bylaws must be submitted each year to the Department. d. The Organization must be in good standing with the Secretary of State's office in the State of California or the state of origin. e. The Organization must provide proof of its non-profit status by providing documentation from the Internal Revenue Service showing that it has a tax exemption under Section 501(c)3 or other applicable provision. f. The Organization must require all coaches to complete a criminal background check that complies with the City of Rancho Cucamonga's standards. The City reserves the right to verify any and all criminal background checks. Page 142 POLICY NAME Page 4 of 13 g. Registration must be open to the public regardless of race, creed, gender, sexual orientation, national origin, economic status, ability or disability. h. One board member, or his or her designee, shall attend a minimum of 75% of SAC meetings. i. One board member, or his or her designee, shall attend the field allocation SAC meetings scheduled by the Department when an allocation request has been made. j. Each Organization must have two designated Organization contacts for the City. One of these contacts must be the Organization's President. All communications between the City and the Organization shall go through the President with the secondary contact being a back-up. No additional board members will receive correspondence. City Fields: 1. Only neighborhood and community parks which have athletic fields in their design are available for athletic use. Some smaller City Park sites will not be available for allocation. Below are the City Fields available for allocation. This list is subject to change. Location Field Qty. Lights Type Comments Bear Gulch Park Soccer/Football 1 N Grass Beryl Park East Soccer/Football 2 Y Grass Beryl Park West Soccer/Football 2 Y Grass Church Street Park 60' 1 N Skin Soccer/Football 2 N Grass Coyote Canyon 60' 1 Y Skin Day Creek Park 50770' 2 Y Skin Overlay 1 Y Grass N/A if 50770' is used Ellena Park 60' 1 N Skin Epicenter 90' 1 Y Baseball Etiwanda Creek Park Soccer/Football 2 Y Grass Golden Oak Park 60' 1 N Skin Heritage Community Park 60' 1 Y Skin 60' 1 Y Baseball 90' 1 Y Baseball Overlay 2 Y Grass N/A if 60790' is used Hermosa Park 60' 1 N Skin Kenyon Park 60' 1 N Skin Overlay 1 N Grass N/A if 60' is used Milliken Park 60' 1 N Skin Overlay 1 N Grass N/A if 60' is used Mountain View Park 60' 1 N Skin Page 143 POLICY NAME Page 5 of 13 Old Town Park 60' 1 Y Skin Rancho Summit Park 60' 2 N Skin Overlay 1 N Grass N/A if 60' is used Red Hill Community Park 60' 2 Y Skin 60' 1 Y Baseball 90' 1 Y Baseball Soccer/Football 2 Y Grass Spruce Avenue Park 60' 1 N Skin Victoria Arbors Park 60' 1 N Skin Victoria Groves Park 60' 1 N Skin Vintage Park 60' 1 N Skin Overlay 1 N Grass N/A if 60' is used Windrows Park 60' 2 N Skin Overlay 1 N Grass N/A if 60' is used Allocation Prio 1. Priority for use of City Fields will be allocated as follows: a. Group 1: Outside Governmental Agencies — Rancho Cucamonga Resident (Rancho Cucamonga Resident Benefit Use). Functions provide a direct benefit to Rancho Cucamonga Residents. b. Group 2 SAC: Organization that meets the requirements of a Group 2 user, however must maintain an 80% or higher Rancho Cucamonga residency rate and is a member of the Sports Advisory Committee. Organizations, in good standing, have priority in field allocations over Group 2 resident travel organizations, Monday through Saturday during allocation periods. c. Group 2: Non-profit civic, athletic, social organizations, churches and public and private schools based in Rancho Cucamonga. Usage must directly benefit Rancho Cucamonga Residents, for example, a community event open to the public. d. Group 3: Outside Governmental Agencies (Non -Rancho Cucamonga Benefit Use), resident non-profit organizations, City residents, churches, employee organizations, political candidates, political organizations, non- resident non-profit, civic social organizations. Usage does not directly benefit Rancho Cucamonga Residents, for example, a private tournament for only their participants. e. Group 4: City commercial businesses and profit-making organizations. Non-resident employee organizations, private church evens not open to the public. Page 144 POLICY NAME Page 6 of 13 Seasons: City Fields ad Joint -Use Fields are allocated and permitted twice a year. Spring/Summer allocation is defined between February to July and Fall/Winter allocation is defined between August through January. 2. Spring/Summer primary sports are Softball and Baseball Fall/Winter primary sports are Soccer and Football. 3. When questions arise regarding which season a sport should fall, California Interscholastic Federation (CIF) regulations will be considered in determining primary and secondary sports. 4. SAC Organizations, in good standing, have priority to field use during the season their sport is considered primary. Allocation Process: Staff will make allocation documents available to Organizations at least thirty (30) days prior to the filing deadline. 2. Each Organization is required to submit the following items at the Sports Advisory Committee Meeting held on the second Tuesday of March (Fall/Winter) and October (Spring/Summer): a. City & School Facility Request Forms b. Youth Group Information Sheet c. Field Maintenance Application d. Complete list of names, addresses, and telephone numbers of the current Board of Directors. e. Proof of current non-profit status with the IRS and State of California. f. Team rosters, including player addresses from the prior year. g. Liability insurance, listing the City of Rancho Cucamonga as an additional insured for up to $1 million. 3. SAC Organizations that miss these submission deadlines will have access to any remaining fields after the allocation process is finalized. Page 145 POLICY NAME Page 7 of 13 4. Submission of field requests does not constitute approval; approval is granted only after final field allocations have been approved by the Community Services Director and published by the Community Services Department. 5. All Organizations are required to have 80% of their participants as Rancho Cucamonga residents. Organizations that fall below the 80% residency requirement will be reviewed by the Community Services Department. All Organizations must be responsible for managing the non-resident growth within their Organization and still meet the required residency rates. 6. Community Services Department Staff will review all field requests for completeness and determine any conflict of field request use. 7. City Fields will be allocated taking residency rates and number of participants into consideration. The City will attempt to allocate a minimum of 3.5 hours of use per team, per week in each Organization. However, significant growth in participants may require Organizations to program more than one team at a time on allocated fields. Allocated hours will include field prep, practices and games. The baseline used for the number of players on a team will be: a. Baseball/Softball: 12 b. Football: 35 c. Soccer: 15 8. Each Organization will have access to a minimum of one (1) lighted field, however access does not constitute exclusive use of the lighted field. Lighted fields will be allocated with first priority to primary season sports. Each baseball/softball Organization will have access to a minimum of one Skin Field, however access does not constitute exclusive use of the Skin Field. Hours of access to Joint -Use Fields may change based on school availability. City and Joint -Use Fields may need to be shared by Organizations to meet access minimums. Example: Organization 1 is allocated Field A on Monday, Wednesday and Friday. Organization 2 is allocated Lighted Field A on Tuesday and Thursday. 9. Organizations will typically be limited to the number of fields used during the previous same (Fall/Winter or Spring/Summer) season regardless of its growth in participation. Additional allocations of sports field spaces are not to be expected. Fields will not be considered for removal from other Organizations unless residency rates fall under 80% or participant numbers fall under 150. Page 146 POLICY NAME Page 8 of 13 10. Utilization of facilities not defined by City or Joint -Use Facilities will not count towards Organization allocation hours, unless Organization has signed a usage agreement with a facility. The agreement must be provided to the City. 11. Fields will be allocated per hour of use. For the Spring/Summer season, dusk will be determined as 6pm. For the Fall/Winter season, dusk will be determined as 5pm. 12. Before the second game of the season, a current and finalized game and practice schedule must be sent to City staff. Current game and practice schedules will be used by City staff to insure fields are being used as allocated. 13. Organizations will receive a park permit to use City Fields. Organizations must have a copy of that park permit at each site should Sheriffs or City staff request to see it. 14. Organizations must adhere to the times on the approved Sports Field Allocation. Organizations that have interest in operating an off-season program during a secondary season must submit paperwork six (6) months prior to the season they would like to participate in. Submission of an application does not constitute approval, and will be reviewed at the next SAC meeting and by City staff to confirm there is adequate City and Joint -Use Field space available to accomodae the additional league. Joint -Use Fields: 1. The City of Rancho Cucamonga has the ability to allocate Joint -Use Fields. However, the availability of those Joint -Use Fields is determined by the School Districts. 2. If an Organization has been recommended to use a Joint -Use Field, it will be indicated on the field allocation. The Organization will need to obtain final approval from the Joint -Use Facility by completing the school district facility use application. Organizations must wait until the City distributes the approved allocation permits before going to the Joint -Use Facilities. 3. Joint -Use Facilities may require additional insurance and portable restrooms. The City will not be held financially responsible for any additional costs incurred for Joint -Use Fields for final approval. Field Use and Relinauishment: 1. All Organizations must effectively use 100% of each allocated field throught the season. Page 147 POLICY NAME Page 9 of 13 2. Organizations that have been allocated City or Joint -Use Fields through the City's allocation process and do not intend to use the field regularly, must notify the Community Services Department so that the fields may be relinquished and reallocated. 3. The topic of field relinquishment will be agendized for each Sports Advisory Committee Meeting, giving Organizations an opportunity to relinquish unused fields to Organizations which need additional field space. 4. If City staff finds after viewing current game schedules, practices schedules or by verified reports that fields are not being used or relinquished by the second week of scheduled games, then staff may rescind those fields from that Organization immediately with little or no warning. 5. Subleasing or sub -letting of City and Joint -Use Fields is not permitted and is a serious offense. If discovered, it will result in the immediate suspension of the Organization. Subleasing or sub -letting allocated fields severely undermines the City of Rancho Cucamonga allocation process and will not be tolerated. 6. Staff will audit the use of City and Joint -Use Fields at random. 7. The City of Rancho Cucamonga may cancel use of City and Joint -Use Fields for any of the following reasons: a. Maintenance involving sports fields or facilities. b. When the health or safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts, pesticide spraying, lighting, air conditions and heat. Tournaments: Organizations must notify the Community Services Department of any special activities that will take place at City or Joint -Use Fields. Events like opening days, tournaments, special fundraisers, etc. should be done in coordination with the City. Supplying proper notification ensures that City staff can help protect the Organizations from unforeseen circumstances that may result in fines, property damage or even cancellation of the event. 2. Organizations have the ability to run tournaments as a means to determine a league champion, All-Star playoffs or fundraising opportunity. However, every tournament must meet at least one of the criteria listed below and must be coordinated at least three (3) months in advance with the Community Services Department. The City will have final approval of all tournaments and special events. Page 148 POLICY NAME Page 10 of 13 a. League Championships or Playoffs: Teams making up the tournament consists of Group 2 SAC Organization teams and players. b. All-Star or Regional Play: Organizations may host tournaments that involve members of their governing body from other regions. The host Organization must still be involved in some aspect of running the tournament and daily operations may not be turned over to members of the governing body. c. Fundraising Opportunity: Organizations may host tournaments as a means for fundraising as long as members of the host Organizations are coordinating and participating in the event. New User Organizations: 1. Each New User Organization must submit an application to the Community Services Department one (1) year prior to the season in which they would like to begin receiving allocated fields. 2. Staff will review the application and bring to the Sports Advisory Committee for review. For a New Organization to be approved, there must be adequate game and practice fields available for each of the New Organization's teams, typically 3.5 hours per team, per week. New Organizations may be denied membership to the Sports Advisory Committee if there is not a sufficient number of hours available. Insurance Requirements: 1. The City requires the Organizations to have a minimum $1,000,000 Comprehensive Personal Liability and Property Damage insurance policy. The City of Rancho Cucamonga must be named as additionally insured on the policy. 2. The Organization agrees that the policy will indemnify and hold the City and its elected officials, officers, agents and employees free and harmless from all claims for damages to persons or property by reason of users acts or those of user's employees, agents, volunteers, guests or invitees in conjunction with users and occupancy of the sports fields or facilities., 3. Additional insurance may be required for Joint -Use Fields. Maintenance: 1. The City will maintain parks for public use, as funding is available. Page 149 POLICY NAME Page 11 of 13 2. The City of Rancho Cucamonga will determine and schedule annual maintenance programs at City Fields. The City shall attempt to be flexible in accommodating Organizations, but ultimately, safety and facility maintenance shall take priority. 3. All maintenance such as lightweight sports field preparation, lining of fields, setting of bases and installation of portable goals will be performed by the Organization. 4. Motorized vehicles are not permitted on City parks for the preparation of athletic fields unless written permission is given by the City. 5. Each Organization is responsible for the City and Joint -Use Fields being free of trash and debris caused by the Organization usage. 6. Organizations are required to report any damage or acts of vandalism immediately. 7. Organizations are encouraged to offer their assistance to the maintenance and/or renovation of City Fields. Any requests to modify or improve a City Field or facility must be submitted for review by the City, and all City codes must be followed. 8. No permanent structures or equipment shall be erected on City or Joint -Use fields unless approved in writing by the City or School District. Organizations are responsible for the care and maintenance of said structures including vandalism and graffiti. 9. Lining of City Fields with a professional grade chalk will be permitted on skinned areas only. Approved sports field paint must be used on turf areas and as a preferred alternative to chalk whenever possible. Organizations will be responsible for storing all materials. 10. Burning lines on City Fields is not permitted. Any burning of lines will be done by the City. Inclement Weather: On rainy days, City staff will inspect sports fields at Red Hill, Heritage, Etiwanda Creek and Beryl Park West and East. City staff will make the decision on the ability to utilize City Fields. The usage of the fields in inclement weather will be based on safety and the potential for field damage. Organizations will be required to inspect all smaller neighborhood fields and make a decision to Page 150 POLICY NAME Page 12 of 13 whether each field can be used without incurring any potential player safety or field damages. Ultimately the City has final determination on City Field closures. 2. Organizations must contact the School District to obtain use of Joint -Use Fields. Good Neighbor Requirements: 1. Every Organization is required to: a. Give priority to traffic safety and the reduction of parking issues, such as parking in, or blocking neighbors' driveways, public alleys, and sidewalks, which are violations of the law. b. Educate Organization participants and guests about neighborhood parking restriction and encourage safe and responsible driving. c. Tournament play will require the Organization to provide at least one person to direct participants and spectators to designated parking areas. d. Educate participants and guests to arrive and depart quietly to avoid disrupting the neighborhood. e. Foster and maintain good community relations and cooperation with neighborhood and authorities. f. Observe park closure times. g. Monitor the trash in neighborhoods surrounding the parks and facilities. h. Prohibit the use of alcoholic beverages and smoking at City Fields and Joint -Use Fields. Prohibit the use of noisemakers, i.e., horns, rattles, bells, etc. Notify City staff of public address (P.A.) system use. P.A. systems will be allowed in City parks, however the decibel reading of sound may not exceed 74DBA at 300 ft. in circumference and may only be used between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday. Special announcements should be kept to a minimum. Play by play announcing is not permitted. Requests for sound use beyond the hours listed may be approved by City staff on a case by case basis. Allocation Procedure Violations: Page 151 POLICY NAME Page 13 of 13 1. The City reserves the right to cancel or suspend field/facility permits for games, practices and other usage based upon Organization violating the Field Allocations Policy and procedures. The City reserves the right to revoke any Organization's right to use any City facility for any single serious violation which causes damage to property or injury to person. 2. First Violation: Letter will be sent to the Organization's President and copied to each board member of the Organization. 3. Second Violation: Meeting with the President and board members of the violating Organization with the Community Services Department. The allocation permit may be revoked or amended, depending on the severity of the violation. 4. Third Violation: Potential removal from the Sports Advisory Committee and/or potential reduction in allocated fields for future seasons. Appeals Process: 1. The Community Services Department Director or designee will interpret and apply this Policy. An Organization or New User Organization may appeal any decision or notice of violation of this policy in writing within ten (10) days of the decision or notice of violation to the Community Services Department at: City of Rancho Cucamonga Community Services Department Attn: Community Services Director 10500 Civic Center Dr. P.O. Box 807 Rancho Cucamonga, CA 90129 2. All appeal letters must include the basis of the appeal and will be reviewed by the Director who will make the final decision. All decisions will be made in the best interest of the community as a whole as related to the City's Strategic Plan and the policies and procedures of the Department. Page 152 DATE: TO: FROM: INITIATED BY: SUBJECT July 18, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Veronica Fincher, Animal Services Director Jennifer Hunt Gracia, Community Services Director CONSIDERATION TO APPROVE SECOND AMENDMENT TO GROUND LEASE AGREEMENT WITH GOALS SOCCER CENTERS, INC. RECOMMENDATION: Staff recommends that the City Council approve the second amendment to the Ground Lease Agreement with Goals Soccer Centers, I NC. BACKGROUND: On May 4, 2016, Goals Soccer Centers, I NC (Tenant) entered into a Ground Lease Agreement (CO16- 093) with the City of Rancho Cucamonga (Landlord) to lease City -owned property at the Adult Sports Center for the development and operations of the Goals Soccer Center. On August 31, 2016, the Ground Lease Agreement was amended (first amendment) to include delivery deadlines, deposits, and the rent commencement date. Construction of the Goals Soccer Center began in July 2017. This public-private partnership includes site improvements made by the Tenant such as 10 short sided synthetic turf soccer fields, a clubhouse and kitchen, parking, and LED lights throughout the facility. Goals Soccer Center offers league and drop-in soccer play for children and adults, space for events and team building opportunities, and dedicated times for the City to use the fields. Goals Soccer Center held a grand opening of the new facility on February 10, 2018. During the construction of the Goals Soccer Center and within the first few months of operations, City Staff identified items in the current Ground Lease Agreement that needed to be clarified or corrected and were incorporated into the second amendment of the Ground Lease Agreement. ANALYSIS: The following is a summary of the items to be clarified or corrected in the second amendment to the Ground Lease Agreement. Legal Description of Leased Land Page 153 During construction, staff determined the legal description of the land subject to the lease contained errors. A lot line adjustment was conducted and approved by the City Council at the December 20, 2017 City Council Meeting. The legal description in the second amendment to the Ground Lease is updated to; "Parcel A of Lot Line Adjustment No. LLA2017-0005, in the City of Rancho Cucamonga, County of San Bernardino, State of California as described in Certificate of Compliance No. LLA2017-00005 recorded as Document No. 2018-0001910 on January 4, 2018 in the Office of the County Recorder of said County." Irrigation Water Submeter During construction, the Tenant installed a submeter to measure the use of recycled water to irrigate plants. The Landlord (City) shall read the submeter quarterly and invoice tenant accordingly for their use of recycled water. Development Impact Fees The Tenant shall pay $82,624.36 in development impact fees ($58,093.35 for "Transportation"; $2,324.06 for "Police"; and $22,206.95 for "Drainage"). The development impact fees shall be paid from the Goals Soccer Center, I NC prepaid rent/liquidated damages deposit held by the City. Operations The hours of operations were updated to be consistent with Goals Soccer Centers, INC conditional use permit (CUP). Additional language was also added requiring ongoing communication and coordination between the Tenant and Landlord regarding tournament play, special events and use of City -owned parking lots. This information will be used to develop a master Epicenter calendar of events and activities for Goals Soccer Center, Quakes Baseball, and the City to minimize parking and event conflicts. Lastly, language was added regarding annual events: Founders Day Parade, Quakes July 3 event and the City's July 4 event. Parking The Tenant's customers may be subject to a parking fee on all Rancho Cucamonga Quakes home game days, if parking in any lots not constructed by the Tenant, provided space is available. This excludes use of Lot D as it is reserved solely for the purpose of City programming. Advertising A diagram was developed to identify where Goals Soccer Center may display various advertising for retail, alcohol and sponsor recognition, provided the advertisements are not visible from the public right of way. Identification signage and directional banners may be displayed in the public right of way, but will require approval by the City prior to installation. Goals Soccer Center, Inc. signed the second amendment to ground lease on June 6, 2018. FISCAL IMPACT: Not applicable COUNCIL GOAL(S) ADDRESSED: Not applicable ATTACHMENTS: Description Attachment 1 - Ground Lease Agreement with Goals Soccer Centers, I NC Attachment 2 - Amendment #1 to Ground Lease Agreement with Goals Soccer Centers, I NC. Attachment 3 - Amendment #2 to Ground Lease Agreement with Goals Soccer Centers, I NC. Page 154 V GROUND LEASE AGREEMENT by and between CITY OF RANCHO CUCAMONGA ("Landlord") and GOALS SOCCER CENTERS, INC. ("Tenant") Mav, 2016 11231-0001\1931283v4.doe Page 155 GROUND LEASE AGREEMENT (8408 Rochester Avenue, Rancho Cucamonga, California) This GROUND LEASE AGREEMENT (this "Lease"), is dated , 2016, and is entered into by and between CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Landlord"), and GOALS SOCCER CENTERS, INC., a Delaware corporation ("Tenant"), each of which is sometimes referred to herein individually as a "Party" and collectively as the "Parties". 1.7 DCN fl 1 RIV WHEREAS, Landlord is the owner of the land described on Exhibit "A" and the improvements (if any) thereon located at 8408 Rochester Avenue, in the City of Rancho Cucamonga, County of San Bernardino, State of California ("Premises"); and WHEREAS, Tenant desires to lease the Premises from Landlord and design and construct the improvements described on Exhibit `B" on the Premises (the "Improvements") for operation as a soccer sports complex (the "Project"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other consideration, the sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1. Lease of Premises. Subject to the provisions of this Lease, Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord for the Term and subject to all of the other terms and conditions hereinafter set forth. The Premises are leased by Landlord to Tenant in their current "AS -IS" condition without representation or warranty, express or implied, and subject to all title encumbrances of record and all title matters that would be revealed by an ALTA survey, and Tenant acknowledges it has the right to investigate the condition of the Premises, obtain and approve (or disapprove) a title report for the Premises, and obtain title insurance for Tenant's leasehold interest and a survey, all as described in Section 2.1 below, and to terminate this Lease as provided in Section 2.1 below if the condition of the Premises or title thereto are not acceptable to Tenant. 2. Tenant Due Diligence and Termination Rights; Landlord Damages for Completion Default_ 2.1 Inspection Period; Permits. 2.1.1 Tenant acknowledges that Landlord has delivered to Tenant copies of the documents described on Exhibit "D". Landlord represents and warrants that it has disclosed to Tenant all material facts known to Landlord about the Premises except perhaps for matters of record and matters discoverable upon visual inspection (which Tenant shall investigate). 2.1.2 Upon the execution of this Lease, Tenant shall promptly obtain a preliminary title report from a title company selected by Tenant and a Phase I environmental 11231-0001\1931283v4.doe Page 156 report from an environmental consultant selected by Tenant. Tenant shall have the right for up to one hundred and twenty (120) days ("Initial Inspection Period") after the execution and delivery of this Lease by Landlord to Tenant to (and Tenant shall act in good faith to): review such title report and the title exceptions therein, inspect and investigate the Premises and to perform soil, groundwater, and other tests thereon; review and evaluate the Governmental Regulations applicable to the Premises and the availability and probability of Tenant's receipt of all necessary governmental approvals; obtain surveys and other similar materials; obtain, review, and conduct a title search, order a title insurance commitment, perform an ALTA Survey, and evaluate any title insurance commitment for the Premises; review and evaluate the availability of utilities and drainage facilities and easements therefor; review and evaluate the impact of the Governmental Regulations and/or conditions of the site on the economic or other feasibility of constructing and operating the Project on the Premises; consult with the appropriate governmental and private entities and organizations with respect to the provisions of free use of the sports facility by a number of local community user groups; review and evaluate the access to the Premises and matters such as curb cuts, crossovers, traffic signalization and the like; review and evaluate any environmental conditions of the Premises; review and evaluate any other matter relating to Tenant's anticipated use of the Premises and Tenant's improvements and/or the value, cost, utility or feasibility thereof. In connection therewith, Tenant and Tenant's designated employees, agents, and contractors shall be permitted to enter the Premises at any time prior to the Delivery Date to conduct tests, inspections, surveys, and studies (including, without limitation, soil, environmental, physical, mechanical, and structural) which Tenant may deem appropriate to determine the suitability of the Premises for Tenant's use; however, prior to taking any soil or groundwater samples or conducting any other invasive testing of the Premises, Tenant shall provide Landlord with written notice advising of the date, time, and nature of the activity, and Landlord shall have the right to cause one or more representatives of Landlord to be present at the Premises to observe the activity, and Landlord shall have the right to cause one or more representatives of Landlord to be present at the Premises to observe the activity. Tenant may terminate this Lease for any reason by sending written notice of termination to Landlord on or before the last day of the Initial Inspection Period, in which event the Parties shall have no further rights or liabilities under this Lease (except for any that expressly survive termination of this Lease). 2.1.3 During the Initial Inspection Period, Landlord shall use commercially reasonable efforts to deliver the following to Tenant, at no expense to Landlord, within ten (10) days after receipt of written request therefor by Tenant or Tenant's title insurer: 2.1.3.1 an "Owner's Title Affidavit" from Tenant's title company in customary form sufficient to delete any exceptions for parties in possession and mechanics' or materialmen's liens; 2.1.3.2 any documents reasonably required by Tenant's title company evidencing Landlord's authority to enter into this Lease. 2.1.4 The "Outside Government Permits Date" shall mean the date that is two hundred and forty (240) days after expiration of the Inspection Period, but Landlord will reasonably extend such period by written notice to Tenant in the event additional time is required in order to complete an Environmental Impact Report (`BIR") if one is required and for the -2- 11231-0001\1931283v4.doc Page 157 related CEQA appeal period to expire. Unless, on or before said Outside Government Permits Date, Tenant shall have obtained its Permits and Landlord shall have complied with the California Environmental Quality Act ("CEQA") review process for such Permits and this Lease, and the CEQA appeal period has expired without any claims being filed, then Tenant may terminate this Lease by written notice to Landlord given within one (1) calendar month thereafter, in which event the Parties shall have no further rights or liabilities under this Lease (except for any that expressly survive termination of this Lease); however, Tenant may exercise the right of termination described in this paragraph only if Tenant has used commercially reasonable good faith efforts to acquire said Permits. As used herein, "Permits" shall mean Tenant's building permit and any other licenses, permits or approvals issued by any governmental or quasi -governmental authority necessary to enable Tenant to perform the Improvements or necessary for Tenant to operate its desired business at the Premises, including, without limitation, installation of Tenant's signage, any zoning variance, other special use permit, street or alley abandonment, or the like. Landlord's cooperation in obtaining any Permits shall be limited to signing, as owner, any applications that require the land owner's signature; Landlord shall be entitled to exercise its governmental rights, powers and responsibilities with respect to all Permits. Landlord believes it is not likely, based on all information heretofore submitted by Tenant, that an EIR will be required for the Improvements; however, after formal submission by Tenant of a complete land use/development/entitlement application, ("Complete Application"), the Landlord determines that an EIR is nonetheless required, then Landlord shall reasonably extend the 240 day period described above by written notice to Tenant; however, Tenant shall submit a Complete Application as soon as reasonably possible after the date of this Lease. 2.1.5 After the Outside Government Permits Date, Tenant shall diligently commence and diligently prosecute construction of the Improvements, subject to delays by Force Majeure Events. If Tenant fails to substantially complete the Improvements by November 1, 2017, as extended by Force Majeure Events ("Completion Deadline"), then Tenant shall pay to Landlord, in addition to the Base Rent and other charges hereunder, the sum of $750.00 per calendar month, prorated for any portion thereof during which the Improvements are not substantially completed (the "Liquidated Damages"), and such damages shall be paid within ten (10) days after the end of each such calendar month or portion thereof) without deduction or offset. LANDLORD, AS PUBLIC ENTITY CONTRACTING FOR THE SOCCER USES AND FACILITIES CONTEMPLATED BY THIS LEASE FOR THE BENEFIT OF THE PUBLIC, WILL BE DAMAGED (AND THE PUBLIC WILL BE DAMAGED BY SUCH FAILURE TO SUBSTANTIALLY COMPLETE BY THE COMPLETION DEADLINE, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO DETERMINE AND MEASURE. TENANT DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH TENANT MIGHT BE LIABLE SHOULD TENANT FAIL TO TIMELY SUBSTANTIALLY COMPLETE THE IMPROVEMENTS. BOTH PARTIES WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD RESULT IF LANDLORD FILED A LAWSUIT TO COLLECT DAMAGES. CONSEQUENTLY, IF SUBSTANTIAL COMPLETION OF THE IMPROVEMENTS BY THE COMPLETION -3- 1123 1-0001\1931283v4.doc Page 158 DEADLINE DOES NOT OCCUR, THEN THE LIQUIDATED DAMAGES AMOUNT DESCRIBED ABOVE SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF LANDLORD'S DAMAGES AND SHALL BE PAID TO LANDLORD AS LIQUIDATED DAMAGES AS LANDLORD'S SOLE DAMAGES FOR SUCH FAILURE (BUT SHALL NOT AFFECT LANDLORD'S RIGHTS TO TERMINATE DESCRIBED ELSEWHERE IN THIS LEASE). LANDLORD AND TENANT ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS SECTION, AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS. THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671,1676 AND 167. IHIS SECTION SHALL SURVIVE THE TERMINATION OF THIS LEASE. �� c� LANDLORD INITIALS TENANT INITIALS 3. Term. 3.1 Initial Term. The initial term of this Lease ("Initial Term") shall commence on the Delivery Date, as described in Section 5.1 below (the "Commencement Date") and shall expire, unless earlier terminated in accordance with the terms of this Lease, on the date that is twenty (20) years after the Delivery Date; provided that if such expiration date is between December 1 of one calendar year and January 30 of the next calendar year, then the expiration date shall be extended to said January 30 of said next calendar year. Upon the Delivery Date, Landlord shall deliver a written notice to Tenant of the Delivery Date and Term expiration date. 3.2 Options to Extend. Tenant may extend this Lease for three extension periods of ten (10) years, five (5) years and five (5) years upon written notice of extension to Landlord at least ninety (90) days' prior to the end of the then -current term. Tenant shall not be entitled to extend the Term of this Lease for any extension period unless Tenant shall have extended the Term of this Lease for the preceding extension period, if any. 3.3 Definition of "Term". As used in the Lease, the word "Term" shall mean the Initial Term and any and all extension periods based on extensions actually exercised by Tenant under Section 3.2 above. 4. Rent and Adiustments; Possessory Interest Taxes. 4.1 Base Rent. Commencing on the Rent Commencement Date (defined in Section 4.2 below), Tenant shall pay to Landlord annual base rent ("Base Rent") in the amount of One Hundred Fifteen Thousand and No/100 ($115,000.00) per year, which the parties have determined (and hereby stipulate and agree) is the fair market rental rate for the Premises as of the Rent Commencement Date, subject to adjustment as hereinafter set forth. Base Rent shall be -4- 1123 1-0001\1931283v4.doe Page 159 paid in equal monthly installments, in advance on or before the first (1st) day of each calendar month (but the first Base Rent payment shall be prorated to reflect a partial month, if applicable, and shall be made within three (3) business days of the Rent Commencement Date), in lawful money of the United States, to Landlord at its address for notices in Section 26.3 below or, at Landlord's option, at such other place as Landlord may from time to time designate in writing. Base Rent shall be paid without prior notice or demand, and without setoff or deduction. 4.2 Rent Commencement Date. Base Rent shall commence on the earlier of the following dates ("Rent Commencement Date"): (a) the Completion Deadline (as defined in Section 2.1.5 above), or (b) the date on which Tenant has commenced the Improvements. Landlord shall notify Tenant in writing of the Rent Commencement Date, and if Tenant contests such notice, and Landlord and Tenant are unable to agree on Landlord's setting of the Rent Commencement Date, then upon the written request of either party to the other, the Rent Commencement Date will be decided by arbitration pursuant to final and binding arbitration submitted to submitted to JAMS under its Comprehensive Arbitration Rules and Procedures held in Los Angeles County, California, before a single arbitrator who shall be a retired judge, in accordance with California Code of Civil Procedure §§ 1280 et seq., or if the parties cannot agree to a single arbitrator within sixty (60) days after such written notice, as determined by JAMS. The losing party (as determined by arbitrator) shall pay all costs of the arbitration. Tenant acknowledges and agrees that delays resulting from any act or omission of a governmental agency while acting in its regulatory capacity in the normal course, including but not limited to plan checks, reviews and approvals by Building and Safety Division or Public Works Department, shall not be deemed a "delay" caused by Landlord hereunder, but if such delay through no fault of Tenant extends beyond what would be reasonably considered to be normal and customary for obtaining any such approval, then such delay shall be considered a Force Majeure Event for purposes of this Section 4.2. 4.3 Increases to Base Rent. The Base Rent shall be increased (as hereinafter set forth) on the fifth anniversary of the Rent Commencement Date and on each subsequent fifth anniversary of the Rent Commencement Date during the Term (collectively, the "Adjustment Dates"). 4.3.1 CPI Adjustments. On the first Adjustment Date and each fifth (5th) anniversary of the first Adjustment Date ("CPI Adjustment Date"), Base Rent shall be increased to a sum equal to the product obtained by multiplying the then -current Base Rent by a fraction, the numerator of which is the New Index (defined below) as of that Adjustment Date and the denominator of which is the Base Index (defined below). In the event the New Index is not available on the Adjustment Date, Landlord shall notify Tenant of the adjustment as soon as the New Index becomes available, and Tenant shall immediately pay any amount that has accrued since the Adjustment Date. For purposes of adjusting the Base Rent, the following definitions shall apply: 4.3.1.1 "Index" means the Consumer Price Index (all items) for All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics ("Bureau"), for the Los Angeles -Anaheim -Riverside Metropolitan Area (1982-84=100 base). Should the Bureau discontinue the publication of the Index, or publish the same less frequently or on a different schedule, or alter the same in some other manner, including, but not -5- 11231-0001\1931283v4.doc Page 160 limited to, changing the name of the Index or the geographic area covered by the Index, Landlord, in its reasonable discretion, shall adopt a substitute index or procedure which reasonably reflects and monitors consumer prices. 4.3.1.2 "Base Index" means the latest Index published at least sixty-one (61) months prior to the Adjustment Date; and 4.3.1.3 "New Index" means the latest Index published at least one (1) month prior to the Adjustment Date. Under no circumstances shall any Base Rent adjustment under this Section 4.3.1 be less than one hundred eleven percent (111%) or greater than one hundred fifteen (115%) of the Base Rent immediately prior to the applicable CPI Adjustment Date. Landlord shall use commercially reasonable efforts to calculate and give Tenant written notice of any such increase in Base Rent prior to the applicable CPI Adjustment Date. 4.4 Taxes. Tenant shall pay all property taxes assessed on Tenant's leasehold interest hereunder i.e., so-called "possessory interest taxes") and any and all other taxes assessed to Tenant. "Tax Expenses" shall mean all federal, state, county, or local governmental or municipal taxes, fees, charges or other impositions of every kind and nature, whether general, special, ordinary or extraordinary, (including, without limitation, real estate taxes, general and special assessments, transit taxes, leasehold taxes or taxes based upon the receipt of rent, including gross receipts or sales taxes applicable to the receipt of rent, personal properly taxes imposed upon the fixtures, machinery, equipment, apparatus, systems and equipment, appurtenances, furniture and other personal property used at the Premises, because of or in connection with the ownership, leasing and operation of the Premises. Tenant shall have the right to contest Tax Expenses, either in its own name or in the name of Landlord; provided that any such contest undertaken by Tenant shall be at Tenant's sole cost and expense but with Landlord's cooperation, and that, if there is an imminent forfeiture of title to the Premises or any portion thereof due to such contest, Tenant shall either pay any contested amount or post a bond or other security sufficient to forestall such forfeiture. Within ten (10) days after either party to this Lease receives notice of valuation from the relevant appraisal district and/or any other applicable governmental authority with respect to the Premises ("Appraisal Notice"), such party shall deliver a copy of such Appraisal Notice to the other party. Within thirty (30) days after Tenant receives a copy of the Appraisal Notice from Landlord or a governmental authority, Tenant may deliver to Landlord a written request to contest the amount or validity of the Appraisal Notice. Landlord shall have the right but not the obligation to contest the amount or validity of the relevant Appraisal Notice, and if Landlord fails to institute such a protest within fifteen (15) days after receiving Tenant's request, then Tenant shall be free to contest the amount or validity of the relevant Appraisal Notice at Tenant's sole cost, and Landlord shall reasonably cooperate with Tenant in that contest. Landlord covenants and agrees that if there shall be any refunds or rebates on account of Tax Expenses paid by Tenant under this Lease, such refund or rebate shall belong to Tenant, and Landlord shall pay such amounts to Tenant. Notwithstanding the foregoing, Tenant shall not be responsible for increases in Tax Expenses resulting directly or in directly or indirectly from a sale, transfer, conveyance or other change in ownership by Landlord with respect to the Premises occurring more frequently than 0 1123 1-0001\1931283v4.doc Page 161 once during the Initial Term and once during the extension terms and Landlord shall pay and such increase in Tax Expenses punctually as and upon the same shall become due and payable and Landlord shall produce and exhibit to Tenant satisfactory evidence of such payment if Tenant shall demand the same in writing. 5. Deliverv: Imurovements: Surrender. 5.1 Delivery of Premises by Landlord. Landlord shall deliver the Premises to Tenant free of all tenants and occupants on the date that is thirty (30) days after all Permits have been issued ("Delivery Deadline") (subject to Landlord's right to allow others to use the Premises and accept fees for such use until Tenant commences construction or such earlier date as Tenant may need to use the Premises for reasonable pre -construction activities). Unless this Lease is terminated in accordance with its terms, the "Delivery Date" shall mean the date that Landlord so delivers the Premises to Tenant. Notwithstanding anything to the contrary in this Lease, the Delivery Date shall not occur, until Tenant shall have: 5.1.1 been issued all Permits (which Tenant may waive in whole or part in its sole discretion); and 5.1.2 if Tenant decides to obtain title insurance for its leasehold interest under this Lease, the title company is unconditionally committed to issue (subject only to payment of the title premium) a leasehold policy of title insurance with respect to the Premises, which policy shall be satisfactory to Tenant; and 5.1.3 received a copy of the recorded Memorandum of Lease pursuant to QPrtinn 7d 15 However, notwithstanding the foregoing, if any Permits shall not have been issued by the Outside Government Permits Date, and Tenant does not terminate this Lease under Section 2.1.4 above, then Tenant shall be deemed to have waived Section 5.1.1. Additionally, if Tenant desires the commitment described in Section 5.1.2 above, but if said commitment shall not have been issued by the Outside Government Permits Date or if Tenant objects to a title matter that affected the Premises as of the date of the title report described in Section 2.1.2 (or to a title matter created by Tenant or its agents or contractors), it being understood that Tenant has the right to terminate this Lease under Section 2.1.2 if Tenant does not approve title exceptions in said title report or title exceptions that would be recorded by an ALTA Survey and that Tenant has the power to process and obtain the title insurance described in Section 5.1.2, then Tenant shall be deemed to have waived Section 5.1.2. Finally, if Tenant does not receive a copy of the recorded Memorandum of Lease under Section 5.1.3 because Tenant defaulted under Section 24.15, then Tenant shall be deemed to have waived Section 5.1.3. Landlord hereby covenants not to encumber the Premises with any additional title exceptions without the prior written consent of Tenant, except as provided in Section 22 below. -7- 11231-0001 \ 1931283v4.doc Page 162 5.2 Improvements: Siens: Subseauent Alterations. 5.2.1 Improvements. 5.2.1.1 As the material consideration for this Lease, Tenant shall construct the Improvements, at its expense. Tenant shall construct the Improvements in compliance with all applicable laws and permits. 5.2.1.2 Tenant also shall have the right to install, maintain and replace in, on or over or in, front of the Premises or in any part thereof such signs and advertising matter as may comply with applicable law. Without limiting the foregoing, but subject to the foregoing, Tenant may place signs in the windows of the building to be constructed by Tenant as part of the Improvements. As used in this Section, the word "sign" shall be construed to include any placard, light or other advertising symbol or object, irrespective of whether same be temporary or permanent. 5.2.1.3 Tenant shall also have the exclusive right to name the improvements constructed by Tenant upon the Premises. 5.2.1.4 Tenant also shall have the right to install, maintain and replace in, on or over or in front of the Premises or in any part thereof such satellite dishes and equipment as may comply with applicable law and otherwise be consistent with the applicable requirements of governmental authorities having jurisdiction, and shall obtain any necessary permits for such purposes. 5.2.1.5 Tenant also may, at its option and at its own cost and expense, at any time and from time to time, make such alterations, changes, replacements, improvements and additions in and to the Premises, and the buildings and improvements thereon, as it may deem desirable, including, without limitation, the demolition of any buildings(s) and improvement(s) and/or structure(s) that now or hereafter may be situated or erected on the Premises, subject to the prior written consent of Landlord, which shall not be unreasonably withheld, and compliance with applicable law. 5.2.1.6 Tenant shall be responsible, at its expense, for obtaining any building permits and other approvals necessary to construct any improvements or alternatives. 5.2.2 Maintenance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, keep and maintain (or cause to be kept and maintained) in good repair and in good condition (ordinary wear and tear and damage by fire or other casualty and taking by eminent domain excepted), the Premises, including all buildings and improvements and soccer fields on the Premises but excluding: (i) any underground features or Hazardous Substances not discovered by Tenant during the Initial Inspection Period after good faith inspections; (ii) any Hazardous Substances that migrate onto the Premises from other property and which are not released by Tenant or its agents or contractors; and (iii) any Hazardous Substances released by Landlord or its invitees or contractors. In the event any underground features or Hazardous Substances are discovered during the Initial Due Diligence period and Tenant does not elect to terminate this Lease, then 10 11231-0001\1931283v4.doc Page 163 Tenant shall bear all increased costs relating to the construction of the Improvements or operation of the Premises and Tenant's business that arise therefrom, and Landlord shall not have any responsibility to Tenant in connection therewith (unless Landlord had actual knowledge of such features on the Premises of such Hazardous Substances as of the date of this Lease and failed to disclose it to Tenant), but Tenant shall cooperate with Landlord with respect to such underground features or Hazardous Substances, including in connection with any remediation or removal thereof, so that the purposes of this Lease can be fulfilled. If any such underground features or Hazardous Substances are not, despite good faith due diligence by Tenant during the initial Inspection Period, discovered by Tenant until after the Initial Inspection Period, then unless Landlord had actual knowledge of such matters of the date of this Lease and failed to disclose it to Tenant, Landlord shall have no liability to Tenant in connection therewith, and Tenant shall reasonably cooperate with Landlord with respect to such underground features or Hazardous Substances, including any remediation or removal thereof so that the purposes of this Lease can be fulfilled. 5.2.3 Surrender. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Premises, and the buildings and permanent improvements then thereon, ordinary wear and tear excepted and damage by fire or other casualty and taking by eminent domain excepted, to Landlord. Within thirty (30) days after written notice from Landlord (which may be given at any time after the date which is thirty one days prior to the date of expiration of this Lease), Tenant shall remove all of its personal property from the Premises prior to the expiration or earlier termination of this Lease, and if Tenant fails to do so, Landlord may dispose of such personal property in any manner with no liability or obligation to Tenant, and Tenant hereby waives all laws that conflict with the foregoing. 6. Tenant's Use and Operation of the Building. Tenant may use the Premises for the conduct and operation of a soccer sports center and all other ancillary uses associated permitted by law that reasonably relate to such a business, including retail sales and on-site catering primarily for the outdoor recreating public which is ancillary to the operation of such a sports center. Nothing contained in this Agreement shall be deemed to impose upon Tenant, either directly, indirectly, constructively or implicitly, an obligation to open for business, or remain open and operating for any period, or in accordance with any operating schedule, procedure, or method. 6.1 Operations. Tenant may operate its soccer business at the Premises daily. Initially, it is anticipated that Tenant's operations shall be between the hours of 7:00 a.m. and 10:00 p.m.; provided, however, that Tenant may, during the Term, reasonably adjust such hours of operation in accordance with its prudent business judgment. Landlord hereby acknowledges and agrees that an extension of such hours is permitted. 6.2 Use by Approved Users. Tenant shall make six (6) soccer fields available for use by Approved Users (hereafter defined), free of charge, for one (1) hour twice a week between 8AM and 5PM ("Free Use Periods"); however, if any Approved User is more than five (5) minutes late for a scheduled use of a soccer field, then Tenant may allow others to use the applicable soccer field. For clarification purposes, Tenant shall determine when the Approved Users may use the soccer fields within the Free Use Periods. As used herein, "Approved Users" M 11231-0001\1931283v4.doc Page 164 shall mean use by key user groups identified in writing by Landlord to Tenant from time to time for non -revenue generating soccer games. 6.2.1 Quarterly Meetings. Landlord and Tenant shall meet quarterly (unless alternate meeting times and frequencies are mutually agreed upon) to review and evaluate the status and condition of the Project and management of the Free Use Periods. 6.2.2 Unavailability During Maintenance or Repair Periods. Tenant may of course reasonably make repairs to and/or maintain the Project, during which no Approved User use shall be available. 6.2.3 Use of Building by Third Parties. Except as otherwise expressly set forth in this Lease, Tenant shall have the right to allow third parties to use the Premises at such times and for such rental rates or other payment (or no payment) as determined by Tenant in its sole and absolute discretion. 6.2.4 Annual Soccer Tournament. Tenant shall conduct, at Tenant's expense, an annual soccer tournament. 6.2.5 Security. Tenant shall be entitled to provide security for the Project; however, Landlord shall have the right (but not the obligation) to conduct a thorough security review after the Project has been open for business for at least six (6) months, and every six (6) months after the initial review, and Tenant shall fully cooperate with such reviews. Additionally, Tenant will at all times work cooperatively with Landlord and its police department to ensure adequate security is provided for all users of the Project and, in particular, to ensure that any serving of alcohol (which shall of course be subject to compliance with law) does not create any on or off-site security problems. 6.3 Compliance with Laws; Hazardous Substances. The term "Governmental Regulations" means all federal, state, county, or municipal laws, ordinances, rules, regulations, directives, orders, or requirements now in force or which may hereafter be in force, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et. seq. together with the regulations promulgated pursuant thereto. 6.3.1 Compliance with Laws. Tenant shall not use or occupy the Premises in any manner that violates any Governmental Regulations and shall at all times comply with all applicable Governmental Regulations including, without limitation, any new Governmental Regulation or changes in Governmental Regulations that requires improvements to be made to the Premises; provided, however, that nothing in this Lease shall impose any liability on Tenant in connection with any costs, expenses, liabilities, losses, damages, fines, penalties, claims and demands, including reasonable counsel fees, that may in any manner arise out of or be imposed because of any failure by Landlord to comply with its obligations under this Lease or because of any conditions in existence prior to the Commencement Date. 6.3.1.1 Tenant shall have the right to contest by appropriate legal proceedings diligently conducted in good faith, in the name of the Tenant or Landlord (if legally required), without cost or expense to Landlord, the validity or application of any Governmental Regulation and, if by the terms of any Governmental Regulation, compliance therewith may -10- 11231-0001 \1931283v4.doc Page 165 legally be delayed pending the prosecution of any such proceeding. Tenant may delay such compliance therewith until the final determination of such proceeding. 6.3.1.2 Except for. a contest of Landlord's ordinances or governmental requirements, Landlord agrees to execute and deliver any appropriate papers or other instruments that may be necessary or proper to permit Tenant so to contest the validity or application of any Governmental Regulation and to fully cooperate with Tenant in such contest. 6.3.2 Hazardous Substances. As used in this Lease, "Hazardous Substances" shall mean any (i) oil, petroleum, petroleum byproduct or products, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (x) pose a hazard to the Premises or to persons on or about the Premises or (y) cause the Premises to be in violation of any Environmental Laws; (ii) asbestos in any form (including asbestos -containing materials), urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls, radon or raw materials that contain hazardous constituents; (iii) chemical, material or substance defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "restricted hazardous waste", or "toxic substances" or words of similar import under any Hazardous Substances; and/or (iv) other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Premises or the owners and/or occupants of Premises adjacent to or surrounding the Premises, or any other person coming upon the Premises or adjacent Premises, including without limitation, infectious substances. As used herein, "Environmental Laws" shall mean any federal, state or local laws, ordinances, regulations or policies relating to the environment, health and safety, and/or Hazardous Substances (including, without limitation, the use, handling, transportation, production, disposal, discharge or storage thereof) or to industrial hygiene or the environmental conditions on, under or about the Premises, including, without limitation, soil, groundwater and indoor and ambient air conditions, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.) ("CERCLA"), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Emergency Planning and Community -Right -to -Know Act (42 U.S.C. § 11001 et seq.), the Endangered Species Act (16 U.S.C. § 1531 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.) and the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), and those relating to lead based paint. As used herein, the term "Release" shall mean and refer to any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including the abandonment or discarding of barrels, drums, containers, tanks, or other receptacles containing or previously containing any Hazardous Substances. 6.3.2.1 With regard to the Release of any Hazardous Substances on the Premises during the Term, except for (collectively, "Non -Tenant Haz Mat Conditions") (i) Releases caused or permitted by Landlord or its invitees, (ii) Hazardous Substances that exist on the Premises as of the date hereof and (iii) Hazardous Substances which migrate onto the -11- 11231-0001 \ 1931283v4.doc Page 166 Premises from other property through no fault of Tenant, Tenant shall remove or remediate, at Tenant's sole cost, the same to the extent required by all Environmental Laws and in compliance with all Governmental Regulations, and Tenant shall defend, indemnify and hold Landlord and its officers, trustees, directors, employees, shareholders, partners, members, agents, representatives, successors and assigns (collectively, "Landlord Parties") harmless from and against any and all claims, liabilities, losses, damages, costs and expenses asserted against, imposed on, or suffered or incurred by Landlord, a Landlord Parry or the Premises, directly or indirectly arising out of or in connection with any such Hazardous Substances (whether alleged or real), and/or the removal and remediation of same. 6.3.2.2 If Tenant discovers material Hazardous Substances during excavation in connection with its construction of the Improvements that were not identified during the Initial Inspection Period despite reasonable investigation by Tenant, and remediation of such Hazardous Substance would materially increase the cost of the Improvements, then Tenant may terminate this Lease by written notice to Landlord given within thirty (30) days after the discovery. 6.3.2.3 If, after Tenant opens for business, Tenant is interfered with to the extent that Tenant is prevented from operating its business as a result of a Non -Tenant Haz Mat Condition, then the Base Rent and all other charges due hereunder shall abate, until such time as the interference ceases or is minimized to a degree which allows Tenant to resume the operation of its business, in Tenant's reasonable discretion, subject to the other provisions of this Lease. If Tenant's Base Rent and other charges shall be so abated for six (6) months, then, at any time thereafter until such abatement shall cease, Tenant may terminate this Lease upon fifteen (15) days' notice to Landlord; furthermore, upon any Release of Hazardous Substance that prevents Tenant's operations, unless Landlord caused the contamination or unless Landlord's cleanup activities are the reason for the ongoing prevention of Tenant's operation of its business upon the Premises, Landlord shall also have the right upon fifteen (15) days' notice to terminate this Lease until the interference ceases subject to Tenant's right to reinstate this Lease within fifteen (15) days after such termination by written notice to Landlord together with a waiver of Tenant' s right to terminate. 7. Tenant's Exclusive as to Landlord Property. During the term, Landlord covenants on behalf of itself and its officers, trustees, directors, employees, shareholders, partners, members, agents, representatives, that it and they will not enter into any agreement for the operation of, or allow any party to operate, a soccer sports center on any other property owned or controlled by Landlord. If Landlord shall violate any of the provisions of this Section and shall not cure such violation within sixty (60) days after receipt of Tenant's notice thereof, then Tenant, at any time thereafter, upon ten (10) days prior written notice to Landlord, may: (i) terminate this Lease; or (ii) pay to Landlord Base Rent reduced to a level equal to twenty five percent (25%) of Base Rent due under this Lease until such time as such violation is permanently cured. 8. Title to Improvements. The picnic tables and seating areas currently owned by Landlord and any other improvements constructed by Tenant on the Premises pursuant to this Lease, shall be the property of Tenant during the term of the Lease commencing on the Commencement Date, but shall automatically become Landlord's property upon the expiration or earlier termination of the Lease without compensation to Tenant. -12- 11231-0001\1931283v4. doe Page 167 9. MortzaLyin2 of Leasehold Estate. 9.1 Mortgaging of Leasehold Estate. Tenant may, upon written notice to Landlord (and delivery to Landlord of the applicable proposed loan documents), mortgage or otherwise encumber the Leasehold Estate (which mortgage or other encumbrance is hereinafter referred to as the "Leasehold Mortgage") provided that Landlord's fee interest in the Premises shall not be subordinated to or encumbered by the Leasehold Mortgage. The mortgagee under the Leasehold Mortgage or the other holders of the indebtedness secured by the Leasehold Mortgage (the "Leasehold Mortgagee") shall notify Landlord in writing, of the execution of such Leasehold Mortgage and the name and address for notices of such Leasehold Mortgagee. Upon delivery of the loan documents and such notification to Landlord (that Tenant has entered, or is about to enter, into a Leasehold Mortgage), Landlord hereby agrees for the benefit of such Leasehold Mortgagee, as follows: 9.1.1 Landlord does hereby assent to such Leasehold Mortgage, any assignment of Tenant's rights in and to this Lease in connection with such Leasehold Mortgage, and to any subsequent sale or transfer of this Lease as permitted in such Leasehold Mortgage. 9.1.2 Until all obligations of Tenant to Leasehold Mortgagee (the "Loan Obligations") shall have been completely paid and performed, and the Leasehold Mortgage shall have been discharged, Landlord shall not take any action to terminate this Lease or to exercise any other remedy for default in the obligations of Tenant thereunder without first complying with the requirements of Section 9.1.5 and 9.1.6 below. 9.1.3 Until the Loan Obligations shall have been completely paid and performed, Landlord shall not enter into a voluntarily termination of this Lease with Tenant. Any amendment or modification to this Lease made without Leasehold Mortgagee's prior written consent shall not be binding upon Leasehold Mortgagee, its successors or assigns. 9.1.4 If ownership of the fee and leasehold interests of the Leasehold become vested in the same person or entity, then as long as the Leasehold Mortgage shall remain outstanding, such occurrence shall not result in a merger of title. Rather, the Lease and the Leasehold Mortgage lien thereon shall remain in full force and effect. 9.1.5 Provided a Leasehold Mortgagee has given its address for notices to Landlord in writing, Landlord shall send to Leasehold Mortgagee, in the manner provided in Section 24.3, a true, correct and complete copy of any notice to Tenant of a default by Tenant under this Lease at the same time as and whenever any such notice of default shall be given by Landlord to Tenant, addressed to Leasehold Mortgagee. Tenant irrevocably directs that Landlord accept, and Landlord agrees to accept, performance and compliance by Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Tenant's part to be kept, observed or performed under this Lease with the same force and effect as though kept, observed or performed by Tenant. -13- 11231-0001\1931283v4.doc Page 168 9.1.6 Notwithstanding anything provided to the contrary in this Lease, this Lease shall not be terminated because of a default or breach hereunder on the part of Tenant until and unless: 9.1.6.1 Notice of any such default or breach shall have been delivered to Leasehold Mortgagee in accordance with the provisions of Section 9.1.5 above; 9.1.6.2 With respect to a default or breach that is curable solely by the payment of money, Leasehold Mortgagee has not cured such default or breach within ten (10) days following the expiration of any of Tenant's notice and cure period set forth in this Lease; and 9.1.6.3 With respect to a default or breach that is not curable solely by the payment of money, Leasehold Mortgagee has not cured such default or breach within thirty (30) days following the expiration of any of Tenant's notice and cure periods set forth in this Lease or, if such default or breach is curable but cannot be cured within such time period, (i) Leasehold Mortgagee has not notified Landlord within such time period that it intends to cure such default or breach, (ii) Leasehold Mortgagee has not diligently commenced to cure such default or breach, or (iii) Leasehold Mortgagee does not diligently prosecute such cure to completion. 9.1.6.4 Furthermore, notwithstanding anything to the contrary contained in this Lease, if Leasehold Mortgagee reasonably determines that it must foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire the Leasehold or to succeed or cause its designee to succeed to Tenant's possessory rights with respect to the Leasehold (including, without limitation, through an assignment in lieu of foreclosure) or to appoint a receiver (each such event, a "Foreclosure Event") in order to effectuates the cure of any non -monetary breach or default by Tenant hereunder that the Leasehold Mortgagee can cure only by obtaining physical possession of the Premises, the cure periods set forth above shall be extended by any reasonable period necessary to complete the foreclosure process or receiver proceedings to succeed to Tenant's possessory rights, provided they are promptly commenced and diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Leasehold pursuant to foreclosure proceedings or otherwise or succeeds to Tenant's possessory rights (including, without limitation, through an assignment in lieu of foreclosure) or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall diligently cure said breach or default. 9.1.6.5 Notwithstanding anything provided to the contrary in this Lease, this Lease shall not be terminated because of a voluntary or involuntary bankruptcy filing by or on behalf of the Tenant. 9.1.7 Without the written consent of Leasehold Mortgagee, Landlord agrees not to accept a cancellation or voluntary surrender of this Lease at any time while the Leasehold Mortgage shall remain a lien on the Leasehold; and any such attempted cancellation or surrender of this Lease without the written consent of Leasehold Mortgagee shall be null and void and of no force or effect. -14- 1123 1-0001\1931283v4.doc Page 169 9.1.8 It is acknowledged that the Leasehold Mortgage may be assigned by Leasehold Mortgagee in accordance with its terms. Notwithstanding anything stated to the contrary in this Lease, the following transfers shall be permitted and shall not require the approval or consent of Landlord: 9.1.8.1 A transfer of the Leasehold at foreclosure sale under the Leasehold Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or 9.1.8.2 Any subsequent transfer by Leasehold Mortgagee or its nominee or designee if Leasehold Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure. 9.1.8.3 Any such transferee (a "Foreclosure Transferee") shall be liable to perform the obligations of Tenant under this Lease, but shall have a reasonable time to do so but shall only be liable to cure prior defaults of Tenant to the extent curable such that any prior defaults that are non -curable (such as misrepresentations by Tenant or defaults based solely on the condition of Tenant) will not constitute a continuing default by such transferee. 9.1.9 Following any transfer described in Section 9.1.8.1, a default existing under this Lease by reason of a voluntary or involuntary bankruptcy filing prior to such transfer shall be deemed waived without further notice or action of any parry. Any and all buildings and improvements owned by Tenant prior to any termination of this Lease that has been granted by Tenant as security for such Leasehold Mortgage shall automatically pass to, vest inand belong to the applicable Foreclosure Transferee on the date of any transfer described in Section 9.1.8.1. 9.1.10 The provisions of this Section 9.1 shall be binding upon and inure to the benefit of Leasehold Mortgagee's successors and assigns. To the extent of any inconsistency between the terms and provisions contained in other sections of this Lease and the terms and conditions set forth in this Section 9. 1., the terms and conditions set forth below in this Section 9.1 shall govern and control. 9.1.11 The terms of this Section 9.1, and the rights of Leasehold Mortgagee, and the obligations of Landlord and Tenant arising hereunder shall not be affected, modified or impaired in any manner or to any extent by (a) any renewal, replacement, amendment, extension, substitution, revision, consolidation, modification or termination of or any of the Loan Obligations; (b) the validity or enforceability of any document evidencing or securing the Loan Obligations; (c) the release, sale, exchange for surrender, in whole or in part, of any collateral security, now or hereafter existing, for any of the Loan Obligations; (d) any exercise or nonexercise of any right, power or remedy under or in respect of the Loan Obligations; or (e) any waiver, consent, release, indulgence, extension, renewal, modification, delay or other action, inaction or omission in respect of the Loan Obligations, all whether or not Landlord shall have had notice or knowledge of any of the foregoing and whether or not it shall have consented thereto. 9.1.12 If this Lease terminates as a result of a rejection of this Lease in a bankruptcy, then upon Leasehold Mortgagee's written request, Landlord shall enter into a new -15- 11231-0001 \1931283v4.doc Page 170 lease of the Premises with Leasehold Mortgagee for the remainder of the Lease Term, at the same rent and on the same terms and conditions as contained in this Lease and dated as of the date of termination of this Lease and convey to Leasehold Mortgagee by quitclaim deed all buildings and improvements owned by Tenant provided Leasehold Mortgagee cures any monetary defaults which Landlord discloses to Leasehold Mortgagee, and such new lease may require cure of any non -monetary defaults within a reasonable period of time to the extent curable (it being understood that examples of non -curable defaults would include misrepresentations by Tenant and defaults based solely on the condition of Tenant). Leasehold Mortgagee shall promptly pay all expenses, including Landlord's reasonable attorneys' fees, incident to the execution and delivery of such new lease and quitclaim deed. 10. Covenants Against Liens. 10.1 If, because of any act or omission of Tenant, any mechanic's lien or other lien, charge or order for the payment of money shall be filed against Tenant's interest in the Premises, Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after notice from Landlord to Tenant of the filing thereof. Tenant shall defend, indemnify and save harmless Landlord against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable counsel fees, in connection with any failure by Tenant to pay for its improvements. Tenant or its designees shall have the right to contest any such liens by legal proceedings, or in such other manner as it may deem suitable (which, if instituted. Tenant or its designees shall conduct promptly at its own cost and expense, and free of any expense to Landlord). 10.2 If, because of any act or omission of Landlord, any mechanic's lien or other lien, charge or order for the payment of money shall be filed against Tenant or Tenant's interest in the Premises, Landlord shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Tenant to Landlord of the filing thereof; and Landlord shall defend, indemnify and save harmless Tenant against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable counsel fees, resulting therefrom. Landlord or its designees shall have the right to contest any such liens by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Landlord or its designees shall conduct promptly at its own cost and expense, and free of any expense to Tenant). 11. Utilities and Utility Easements. Tenant shall be responsible, at its expense, for obtaining utility service necessary for the Building and for installing any and all necessary utility conduits for connection to the main transmission lines off-site. Tenant agrees to pay, before delinquency, all charges for gas, electricity, heat, light, power, sewage, water, telephone, trash removal, and all other similar services or utilities furnished to the Premises during the Term, including all installation, connection and disconnection charges. 12. Quitclaim Deed. Upon the expiration or earlier termination of this Lease for any reason, including but not limited to termination because of default by Tenant, Tenant shall execute, acknowledge, and deliver to Landlord within thirty (30) days after written demand therefor, a good and sufficient deed whereby all right, title and interest of Tenant in the Premises and any improvements which are not to be removed therefrom pursuant to this Lease is quitclaimed to -16- 11231-0001\1 931283v4.doc Page 171 Landlord. Should Tenant fail or refuse to deliver the required deed to Landlord, Landlord may prepare and record a notice reciting the failure of Tenant to execute, acknowledge, and deliver such deed and said notice shall be conclusive evidence of the termination of this Lease and of all right of Tenant or of those claiming under Tenant in and to the in the Premises and said improvements. 13. Damage; Condemnation. 13.1 Damage. If the Improvements have been damaged or destroyed by fire or other casualty, Tenant, shall repair and restore the Improvements to their condition just prior to the casualty or to a substantially comparable condition. Notwithstanding anything in this Lease to the contrary, (a) in the event that there is $500,000 or more of uninsured damage or destruction to the Improvements not required to be insured against under Section 14.1.2, then Tenant may terminate this Lease by written notice to Landlord, in which event the Parties shall have no further rights or liabilities under this Lease (except for any that expressly survive termination of this Lease), provided, however, that Tenant at its sole cost shall be responsible for the clean-up and demolition of the damaged Improvements. 13.2 Waiver of Statutory Provisions. The provisions of this Lease, including this Section, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, improvements on the Premises, and any applicable statute or regulation including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the Parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises. 13.3 Condemnation. 13.3.1 If the use, occupancy, or title of the Premises or any part thereof is taken, requisitioned or sold in, by or on, account of any actual or threatened eminent domain proceeding or other action by any person having the power of eminent domain (a "Condemnation"), Landlord and Tenant agree that any award or compensation on account thereof will be allocated as follows: 13.3.1.1 Tenant receives that portion of the award or compensation allocable to its leasehold estate under this Lease ("Leasehold Estate") improvements it constructed on the Premises; and 13.3.1.2 Landlord shall be entitled to receive that portion of the award or compensation allocable to its fee interest in the Premises. 13.3.2 Each of Landlord and Tenant may appear in any such proceeding or action, to negotiate, prosecute and adjust any claim for any award or compensation on' account of any Condemnation as it relates to their respective interest in the Premises. All amounts paid in connection with any Condemnation of the Premises shall be applied pursuant to this Section, and all such amounts (minus the expense of collecting such amounts as hereinafter provided) are herein called the "Net Proceeds." Landlord and Tenant shall each pay all of its reasonable costs -17- 11231-0001\1931283v4.doc Page 172 and expenses in connection with each such proceeding, action, negotiation, prosecution and adjustment for which costs and expenses Landlord and Tenant shall be reimbursed out of any award, compensation or insurance payment to which it is entitled. Landlord shall have no interest in any such award, compensation or payment, or any portion thereof, made in respect of the Leasehold Estate or the improvements, all of which shall belong to and be paid to Tenant. 13.3.3 If a Condemnation shall affect all or a material portion of the Premises which shall render the Premises unsuitable for restoration for continued use and occupancy in Tenant's business, then Tenant may, not later than one hundred fifty (150) days after such occurrence, deliver to Landlord (i) notice of Tenant's intention to terminate this Lease on a business day specified in such notice (the "Lease Termination Date"), which occurs not less than thirty (30) days after the delivery of such notice; provided, however, if the interest of Tenant under this Lease shall then be encumbered by a Leasehold Mortgage, the holder of such Leasehold Mortgage shall have consented in writing to the giving of such notice, and (ii) a certificate of Tenant describing the event giving rise to such termination. This Lease shall terminate on the Lease Termination Date, except with respect to obligations and liabilities of Tenant hereunder, actual or contingent, which have arisen on or prior to the Lease Termination Date, upon payment of all sums then due and payable hereunder to and including the Lease Termination Date. 13.3.4 If a Condemnation of the Premises or any part thereof shall occur but Tenant does not give notice of its intention to terminate this Lease as provided in this Section 15.4, then this Lease shall continue in full force and effect. Any Net Proceeds payable with respect to such Condemnation shall be allocated between Landlord and Tenant in accordance with Section 15.4 above and, to the extent that Tenant has received Net Proceeds, Tenant shall promptly repair and restore the Premises to the same condition (as nearly as practicable) as existed immediately before the Condemnation (assuming for this purpose that the Premises were in compliance with the terms of this Lease). In the event of any temporary requisition, this Lease shall remain in full effect and Tenant shall be entitled to receive the Net Proceeds allocable to such temporary requisition; except that such portion of the Net Proceeds allocable to the period after the expiration or termination of the Term of this Lease shall be paid to Landlord. 13.3.5 Landlord and Tenant each hereby waive their right to petition the court in any condemnation action to terminate this Lease pursuant to Section 1265.130 of the California Code of Civil Procedure unless such party is entitled to terminate this Lease pursuant to this RPrtinn 15 4 14. Insurance. 14.1 Tenant's Insurance. 14.1.1 During construction, and also from and after Tenant's commencement of business on the Premises, Tenant shall carry commercial general liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence in the name of Tenant, naming Landlord as an additional insured, insuring against any liability for injury to or the death of persons or damage to property resulting from any occurrence in any way connected with -18- 11231-0001\1931283v4.doc Page 173 Tenant's use or occupancy of the Premises. From and after Tenant's commencement of business on the Premises, Tenant shall also provide Child Molestation Liability Insurance under Endorsement Form No. L284 or its equivalent, in amounts of not less than One Million Dollars ($1,000,000) per occurrence, covering Tenant's use and occupancy of the Premises. 14.1.2 During construction and thereafter during the remainder of the Term, Tenant shall keep all buildings and improvements erected or caused to be erected, at any time, by Tenant on the Premises insured to one hundred percent (100%) of their full replacement value, for the benefit of Landlord and Tenant and the holder of any Leasehold Mortgage, as their respective interests may appear, against loss or damage covered by a standard all risk insurance policy, in a minimum amount necessary to avoid the effect of co-insurance provisions of the applicable policies. All proceeds payable at any time and from time to time by any insurance company under such policies shall be payable to such Leasehold Mortgagee, as the Leasehold Mortgage or other loan documents pertaining to the Leasehold Mortgage ("Loan Documents") may provide, or, if none, to Tenant. If any such proceeds are paid to such Leasehold Mortgagee, Tenant shall be entitled to receive the full amount thereof in accordance with the terms of such Leasehold Mortgage or Loan Documents, and Landlord shall not be entitled to, and shall have no interest in, such proceeds or any part thereof. Any proceeds paid directly to Tenant shall be retained by Tenant and Landlord shall not be entitled to, and shall have no interest in, such proceeds or any part thereof. Landlord shall, at Tenant's cost and expense, cooperate fully with Tenant in order to obtain the largest possible recovery and execute any and all consents and other instruments and take all other actions necessary or desirable in order to effectuate the same and to cause such proceeds to be paid as hereinbefore provided, and Landlord shall not carry any insurance concurrent in coverage and contributing in the event of loss with any insurance required to be furnished by Tenant hereunder if the effect of such separate insurance would be to reduce the protection or the payment to be made under Tenant's insurance. 14.1.3 As to any insurance policies to be maintained by Tenant, certificates thereof shall be delivered to Landlord prior to the date that the insurance coverage must commence, and each insurer shall be a good and solvent insurance company licensed to do business the State of California, selected by Tenant. Any insurance to be provided by Tenant may be in the form of a blanket insurance policy or policies so long as the coverage of the Premises thereunder is at all times in the amounts and of the types required by this Section 14.1. 14.2 Waiver of Subrogation. Landlord and Tenant each hereby waive any and all rights of recovery against the other or against the directors, officers, employees, agents and representatives of the other, on account of loss or damage of such waiving party on, to or of its property, or the property of others under its control, or any loss of business or profits to the extent that such loss or damage is insured against (or would have been insured against) under any fire and extended coverage insurance policy which either party may have in force (or is required to have in force) at the time of such loss or damage. Landlord and Tenant shall, upon obtaining the policies of insurance required under this Lease, give notice to its insurance carrier(s) that the foregoing mutual waiver of subrogation is contained in this Lease and shall cause each such insurance policy to provide that the insurance company waives all right of recovery by way of subrogation against Landlord or Tenant and Landlord's or Tenant's directors, officers, employees, contractors, agents and representatives as the case may be in connection with any such loss or damage. -19- 11231-0001\1931283v4.doc Page 174 14.3 General Provisions. For any claims related to the Premises and the construction of the Building and other improvements under this Lease, Tenant's insurance coverage shall be primary insurance as respects Landlord, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Landlord, its officers, officials, employees, or volunteers shall be excess of Tenant's insurance and shall not contribute with it. 15. Assignment or Subletting. 15.1 Landlord's Consent. Tenant shall not assign this Lease or sublet the Premises (collectively, "Transfer") without the prior written consent of Landlord, in Landlord's sole and absolute discretion except that Landlord will not unreasonably withhold consent to a cafe sublease to a cafe operator. Not less than thirty (30) days before the proposed effective date of any Transfer, Tenant shall provide Landlord with a written notice setting forth the reasonable details of such Transfer. Landlord shall notify Tenant whether the proposed Transfer is approved or rejected not later than thirty (30) days after receipt of written notice thereof from Tenant (but if Landlord fails to notify Tenant within such 30 -day period, then such failure shall be deemed Landlord's rejection). If Landlord does not consent to a proposed Transfer, Landlord shall provide Tenant with a written explanation as to the reasons for withholding such consent. 15.2 No Assignment. The following events shall not be considered a Transfer under Section 15.1 above and shall not require Landlord's consent provided that Landlord is given prior written notice thereof (a) a change in ownership of Tenant as a result of a merger, consolidation, reorganization, or joint venture provided that immediately following such merger, consolidation, reorganization, or joint venture, the tangible net worth of Tenant (calculated in accordance with generally accepted accounting principles, consistently applied) is not less than the tangible net worth (calculated in accordance with generally accepted accounting principles, consistently applied) of Tenant immediately prior to such merger, consolidation, reorganization, or joint venture as shown by reasonable evidence delivered to Landlord; (b) the sale, exchange, issuance, or other transfer of Tenant's stock on a national exchange or of Tenant's stock or other ownership interest between or among Tenant's parent company, if any, and any subsidiary, affiliate, related entity, or other entity that controls, is controlled by, or is under common control with Tenant; (c) the Transfer of this Lease to Tenant's parent entity, if any, or any subsidiary, affiliate, related entity, an entity that controls, is controlled by, or is under common control with Tenant; (d) the sale or transfer of all or substantially all the assets of Tenant provided that immediately following such sale as shown by reasonable evidence delivered to Landlord, the tangible net worth of Tenant (calculated in accordance with generally accepted accounting principles, consistently applied) is not less than the tangible net worth (calculated in accordance with generally accepted accounting principles, consistently applied) immediately prior to such sale; (e) a collateral assignment of Tenant's interest in this Lease to a Leasehold Mortgagee. However, none of the foregoing transactions or combinations thereof shall relieve Tenant of liability under this Lease and Tenant shall remain liable to Landlord for the payment of all Base Rent and all other charges and the performance of all covenants and conditions of this Lease applicable to Tenant. 16. Peaceable and Quiet Possession. Provided Tenant is not in default hereunder after any applicable default notice and any cure period under this Lease applicable to such default has expired, then Tenant shall have quiet possession of the Premises during the Lease Term. -20- 11231-0001\1931283v4.doc Page 175 17. Default. 17.1 Default by Tenant. 17.1.1 A "Tenant Default" shall exist if. (i) Tenant shall not have paid Base Rent or any other amount payable by Tenant pursuant to this Lease (including the liquidated damages described in Section 2.1.5) within ten (10) days following delivery to Tenant of a written notice from Landlord stating that such payment was not timely made (a "Monetary Default"); or (ii) Tenant shall not have performed any of the other covenants, terms, conditions or provisions of this Lease within thirty (30) days after delivery to Tenant of written notice specifying such failure; provided, however, that with respect to those failures that cannot with due diligence be cured within such thirty (30) day period, Tenant shall not be deemed to be in default hereunder if Tenant commences to cure such default within such thirty (30) day period and thereafter diligently continues the curing of such default (a "Non -Monetary Default"); or (iii) Tenant shall have failed to substantially complete the Improvements by July 1, 2018, as extended by Force Majeure Events. 17.1.2 Subject to the liquidated damages described in Section 2.1.5, if a Tenant Default occurs, then Landlord shall have the right: (i) subject to the provisions of Sections 9.1.5 and 9.1.6, to terminate this Lease and recover damages and other amounts pursuant to California Civil Code § 1951.2, or (ii) as described in California Civil Code Section 1951.4, to continue this Lease in effect after Tenant's breach and recover rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations (and in the event Landlord expressly elects to proceed under California Civil Code Section 1951.4, and does not expressly waive in writing the Tenant Default, then Landlord shall not unreasonably withhold its consent to assignment or subletting). In no event shall anything in this Section 17 affect any right of Landlord to obtain injunctive relief for any Tenant default. 17.2 Default by Landlord. 17.2.1 Failure to Perform. Landlord shall not be in default under this Lease unless Landlord fails to perform or observe any of its obligations under this Lease, which thirty (30) days or such additional time, if any, reasonably necessary to cure the failure after notice from Tenant specifying the failure ("Landlord Default"). If Landlord commits a Landlord Default, Tenant, in addition to any remedies available under the law, may, without being obligated and without waiving the Landlord Default, cure the Landlord Default. Landlord shall pay Tenant, upon demand, all costs, expenses, and disbursements incurred by Tenant to cure the Landlord Default. If such payment is not rendered within thirty (30) days of demand, Landlord shall be responsible to pay interest on the total amount so incurred at the rate of ten percent (10%) per annum, calculated from the date of payment by Tenant to the date of reimbursement by Landlord and Tenant may bring a claim in the applicable court of jurisdiction to recover such amounts from Landlord. The provisions of this Section shall survive the expiration or sooner termination of this Lease. 17.2.2 Remedies. It is understood and agreed that Tenant's exercise of any right or remedy due to a Landlord Default shall not be deemed a waiver of or to alter, affect, or prejudice any right or remedy that Tenant may have under this Lease or at law or in equity. -21- 1123 1-000 1\1931283v4.doc Page 176 Neither the payment of Base Rent or any other amount due and payable by Tenant to Landlord under this Lease nor any other acts or omissions of Tenant at any time or times after the happening of any event authorizing the cancellation or termination of this Lease, or other remedy, shall operate as a waiver of any past or future violation, breach, or failure to keep or perform any covenant, agreement, term, or condition of this Lease or to deprive Tenant of its right to cancel or terminate this Lease, or pursue other available remedies, upon the written notice provided for in this Section at any time that cause for cancellation or termination may exist, or be construed so as at any time to stop Tenant from promptly exercising any other option, right, or remedy that it may have under any term or provision of this Lease, at law, or in equity. 18. Landlord's Right of Entry. Upon prior reasonable written notice from Landlord to Tenant, Tenant shall permit Landlord and its agents to enter upon the Premises at all reasonable times for purposes of inspection of the Premises, exhibit the Premises to prospective purchasers and show the Premises to prospective tenants, but in the latter case only during the last six (6) months of the Term; provided that no such entry shall unreasonably interfere with the conduct of Tenant's business on the Premises. Landlord agrees to use diligence to complete its entry and will endeavor to minimize the inconvenience to Tenant and its use of the Premises. In no event shall notice be given less than twenty-four (24) hours prior to such entry, except that no notice shall be required in the event of an emergency. 19. Estoppel Certificates. Landlord and Tenant at any time upon thirty (30) days' prior written notice from the other, will execute, acknowledge and deliver to the other for the benefit of the other and any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or entity specified in such notice, a certificate, in recordable form, certifying (a) that this Lease is unmodified and in full force and effect (or, if there have been amendments, that this Lease is in full force, as amended); (b) as to whether this Lease is in full force and effect (and, if it is alleged that this Lease is not in full force and effect, specifying the reasons therefor); (c) that there are no existing defaults or condition that with the giving of notice or passage of time would constitute a default, no existing offsets and no existing defenses known to that Parry, or if there are any, specifying the same in detail; (d) the dates, if any, to which the Base Rent or other monetary charges due under this Lease have been paid in advance; (e) as to the commencement and expiration dates of the Term and the number of outstanding options to extend the Term; (f) as to whether or not all work required to be performed by Tenant with respect to the construction and development of any improvement(s) on the Premises has been performed in accordance with the terms of this Lease; and (g) as to such other matters as reasonably may be requested. Any such certificate may be relied upon by the Party requesting it and such mortgagee, purchaser, proposed mortgagee, proposed purchaser, or any other person, firm or entity specified in such notice from the requesting Party, and the contents of such certificate shall be binding on the party executing same. 20. Sale or Assignment of Landlord's Interest. Tenant hereby agrees to attorn to any purchaser of Landlord's interest in the Premises from and after the date of written notice to Tenant of such sale, in the same manner and with the same force and effect as though this Lease were made, in the first instance, by and between Tenant and such purchaser, so long as such successor agrees to recognize this Lease and the rights of Tenant hereunder and expressly assumes all obligations of the Landlord under this Lease accruing from and after the date of such assignment, transfer or sale, it being intended by the Parties that the covenants and obligations of -22- 11231-0001\1 931283 v4. doc Page 177 this Lease on the part of Landlord and Tenant shall be binding on Landlord and Tenant and their successors and assigns. 21. No Partnership. This Lease shall not be construed to create a partnership. Landlord has not in any way or for any purpose become a partner of, or joint venturer with, Tenant in the conduct of its business, or the operation by Tenant of the Premises. 22. Landlord's Rights as to the Premises. Landlord reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil and gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, and along the Premises or any part thereof provided they do not unreasonably disrupt Tenants business or the Premises. Landlord also reserves the right to grant easements, rights of way, and permits in, over, upon, through, across, and along any and all portions of the Premises provided they do not unreasonably disrupt Tenants business or the Premises. Landlord agrees that any such rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to its original condition upon completion of any construction and that such entry upon the Premises shall not unreasonably interfere with the use by Tenant of the Premises nor require Tenant to incur any costs or expenses in relation thereto. 23. Tenant Indemnification and Defense; Prevailing Wage Indemnity. Tenant shall indemnify, defend (with counsel selected by Landlord) and hold Landlord and the Landlord Parties from and against all claims, liabilities, losses, damages, costs and expenses resulting from: (i) any act or acts or omission or omissions of Tenant, or Tenant's officers, agents, servants, employees, contractors, or sublessees, provided that the terms of the foregoing indemnity shall not apply to the extent of the negligence or willful misconduct of Landlord or of the persons and entities that Landlord permits to use the Premises under Section 5.1; and (ii) the failure by Tenant or Tenant's contractors or subcontractors to pay prevailing wages for improvements under Labor Code 1720 et se . The provisions of this Section shall survive the expiration or earlier termination of this Lease with respect to any obligations arising under this Section prior to such expiration or earlier termination. 24. Miscellaneous. 24.1 Gender. Words of a particular gender used in this Lease shall include all other genders and singular words include the plural and vice versa. The term "person" includes persons, firms and corporations and all other types of entities or organizations. 24.2 Successors and Assigns. Subject to Section 15 above, this Lease shall inure to the benefit of and be binding upon the Parties hereto and their successors and assigns. 24.3 Notices. All written notices or demands required to be given pursuant to the terms hereof shall be given or served by mailing the same by certified mail, return receipt requested, or by overnight nationally -recognized courier service provided a receipt is required, at its address set forth below, or at such other address as either Party may from time to time designate by notice given to the other. Notices shall be deemed delivered or refused on the date -23- 1123 1-000 1 \1931283 v4.doc Page 178 of delivery or refusal of acceptance shown on the return receipt or the messenger's receipt, as applicable. To Landlord: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager To Tenant: Goals Soccer Centers, Inc. 70 S. Lake Avenue, Suite 1013 Pasadena, CA 91101 Attention: Silva Zeneian 24.4 Time. Time is of the essence of every provision contained in this Lease in which time is a factor. 24.5 Attorneys' Fees. In the event any dispute between the Parties hereto should result in arbitration or litigation, or if any action at law or in equity is taken to enforce or interpret the terms and conditions of this Lease, the prevailing Party shall (in addition to any other relief to which that Parry may be entitled) be reimbursed for all reasonable costs and expenses incurred in connection with such arbitration or litigation, including, without limitation, reasonable attorneys' fees, accountants' fees and experts' fees. The "prevailing Parry" shall be determined by the arbitrator or the court, as applicable, and may include without limitation any Parry against whom a cause of action, complaint, cross-complaint, counter -claim, cross-claim or third party complaint is voluntarily dismissed, with or without prejudice. 24.6 Governing Law. This Lease shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 24.7 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any Party hereto arising out of or relating to this Lease may be brought in any state or federal court of competent jurisdiction in the County of San Bernardino, State of California, and by execution and delivery of this Lease each Party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Lease. Each Parry hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other Party at its address for notices, such service being hereby acknowledged by each Party to be sufficient for personal jurisdiction in any action against said Parry in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law. 24.8 Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. -24- 1123 1-000 1 \ 1931283v4.doc Page 179 24.9 Severability. If any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 24.10 Further Assurances. Each Party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Lease. 24.11 No Waiver. Any waiver, consent or approval by either Party of any breach, default or event of default of any provision, condition or covenant of this Lease must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Lease. Any failure or delay on the part of either Party in exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 24.12 Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Lease is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any Party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. 24.13 Entire Agreement. This Lease contains the entire agreement between Landlord and Tenant regarding the Premises and any agreement hereafter made shall be ineffective to modify this Lease in whole or in part unless such agreement is embodied in an amendment to this Lease which has been signed by both Parties. This Lease supersedes all prior negotiations, understandings, representations and agreements. 24.14 Termination; Holdover. This Lease shall terminate without further notice at the expiration of the Term. Any holding over by Tenant after expiration shall not constitute a renewal or extension or give Tenant any rights in or to the Premises. 24.15 Memorandum of Lease. Landlord and Tenant shall promptly execute, cause to be duly acknowledged, and record, at Landlord's expense, a Memorandum of Lease in the form attached hereto as Exhibit "13". Any and all documentary transfer, recording or other taxes or fees payable in connection with recording such Memorandum of Lease and the entering of this Lease shall be paid by Tenant. 24.16 Force Majeure. In the event that Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder (except for the payment of Base Rent and other amounts due by Tenant to Landlord hereunder, which shall be payable when due without delay in all cases) by reason of strike, lock -out, labor trouble, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, court order, riot, insurrection, the act, failure to act or default of the other Parry (except that delays by Landlord in its governmental capacity as the issuer of Permits shall not be Force Majeure delays -25- 11231-0001 \ 1931283 v4. doc Page 180 except to the extent they exceed reasonable delays under the circumstances for Landlord acting in such governmental capacity), so-called "act of God", act of a public enemy, injunction, arson, fire, lockout, war, terrorist attack, requisition or other reason beyond a Parry's control (each, a "Force Majeure Event"), then performance of such act shall be excused for the period of the delay -and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 24.17 Waiver of Landlord's Lien. Landlord hereby waives any right it may have to distrain trade fixtures, buildings, tenant improvements or any property of Tenant and any landlord's lien or similar lien upon trade fixtures, buildings, tenant improvements or any other property of Tenant, regardless of whether such lien is created otherwise. 24.18 No Waiver of Governmental Powers. Landlord is entering into this Lease in its proprietary capacity and nothing in this Lease shall waive or diminish Landlords rights, powers and obligations in its governmental capacity. 24.19 Authority of City Manager. The City Manager of Landlord shall have the authority to give consents, approvals and disapprovals on behalf of Landlord hereunder, and to enter into non -substantial amendments of this Lease on behalf of Landlord; provided that in each case they are express and in writing. IN WITNESS WHEREOF, the Parties have executed this Lease as the date first above written. CITY OF RANCHO CUCAMONGA, a California municipal corporati n By. Print ame: L. be ,S h Title: Mayor' Attest: )RnReeynolds, Cit Jerk Approved as to Form: ards, Watson & Gershon, Counsel to City TENANT: GOALS OCCE CENTE S, C. a Dela are co o . tion By: Print Nam . ecS Title: -26- 1123 1-0001\1931283v4.doc Page 181 EXHIBIT "A" DESCRIPTION OF PREMISES The Premises are located at the North side of Arrow Highway, west of Rochester Avenue, on APN 0229-012-03 and are more particularly described on the attached diagram. A-1 Page 182 11231-0001\1931283v4.doc Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 �� k.R ho Cuca Mal Care EXHIBIT "B" DESCRIPTION OF IMPROVEMENTS Multi-million dollar capital ,development of a state-of-the-art sports soccer facility. Fully staffed community facility/pavilion complete with restroom/locker room facilities, cafe and state of the art technology room. The center will have at least 12 custom built, synthetic turf and floodlit small -sided soccer fields. Parking for this facility will be self-sufficient. B-1 11231-0001\1931283v4.doc Page 194 EXHIBIT "C" FORM OF MEMORANDUM OF LEASE (Attached.) C-1 11231-0001\1931283v4.doc Page 195 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: pe SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Lessor declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383. Documentary Transfer Tax is $ , payable by Tenant. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is dated as of July 1, 2015 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Landlord') and GOALS SOCCER CENTER, INC., a Delaware corporation ("Tenant"). RECITALS A. Landlord and Tenant executed that certain Ground Lease Agreement dated , 2016 (the "Lease') affecting the land described on Exhibit "A" and improvements at 8408 Rochester Avenue in the City of Rancho Cucamonga, California (the "Property"). B. Landlord and Tenant now desire to record this Memorandum in order to, among other things, comply with law requiring that municipal leases be recorded, give constructive notice of the existence of the Lease, and permit the Tenant to obtain title insurance. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Ground Lease. Landlord has leased the Property to Tenant, and Tenant has leased the Property from Landlord, upon and subject to the terms and conditions set forth in the Lease. The Lease is hereby incorporated herein by this reference. 2. Term. The term of the Lease commences on , 2016 and expires on the date that is twenty (20) years after the Delivery Date described in the Lease, subject to extension to January 30 of a calendar year if the expiration falls during the period starting on C-2 11231-0001\1931283v4.doe Page 196 December 1 ending on such January 30, and also subject to options in favor of the Tenant to extend the term for consecutive periods of ten (10) years, five (5) years and five (5) years. IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date and year first above written. LANDLORD: TENANT: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Print Name: Title: GOALS SOCCER CENTERS, INC., a Delaware corporation By: Print Name: Title: C-3 11231-0001\1931283v4.doc Page 197 EXHIBIT "A" TO MEMORANDUM OF LEASE DESCRIPTION OF LAND C-4 11231-0001\1931283v4.doc Page 198 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Riverside On , before me, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT (Seal) 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 Riverside On , before me, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) C-5 11231-0001\1931283v4.doc Page 199 EXHIBIT "D" LANDLORD DISCLOSURES (DOCUMENTS DELIVERED TO TENANT) Soil Grading Report Engineered Grading dated August 31, 1992 prepared by RMA Group (Job No. 91-232-01) D-1 11231-0001\1931283v4.doc Page 200 TABLE OF CONTENTS 11231-0001\1931283v4.doc -1 Page 201 Paye 1. Lease of Premises.............................................................................................................1 2. Tenant Due Diligence and Termination Rights; Landlord Damages for CompletionDefault...........................................................................................................1 2.1 Inspection Period; Permits....................................................................................1 3. Term..................................................................................................................................4 3.1 Initial Term...........................................................................................................4 3.2 Options to Extend.................................................................................................4 3.3 Definition of "Term".............................................................................................4 4. Rent and Adjustments; Possessory Interest Taxes............................................................4 4.1 Base Rent..............................................................................................................4 4.2 Rent Commencement Date...................................................................................5 4.3 Increases to Base Rent..........................................................................................5 4.4 Taxes..................................................................................................................... 6 5. Delivery; Improvements; Surrender.................................................................................7 5.1 Delivery of Premises by Landlord........................................................................ 7 5.2 Improvements; Signs; Subsequent Alterations..................................................... 8 6. Tenant's Use and Operation of the Building....................................................................9 6.1 Operations............................................................................................................. 9 6.2 Use by Approved Users........................................................................................9 6.3 Compliance with Laws; Hazardous Substances.................................................10 7. Tenant's Exclusive as to Landlord Property...................................................................12 8. Title to Improvements.....................................................................................................12 9. Mortgaging of Leasehold Estate.....................................................................................13 9.1 Mortgaging of Leasehold Estate.........................................................................13 11231-0001\1931283v4.doc -1 Page 201 TABLE OF CONTENTS (cont.) -ii- 11231-0001\1931283v4.doc Page 202 Page 10. Covenants Against Liens................................................................................................16 11. Utilities and Utility Easements.......................................................................................16 12. Quitclaim Deed...............................................................................................................16 13. Damage; Condemnation..................................................................................................17 13.1 Damage...............................................................................................................17 13.2 Waiver of Statutory Provisions...........................................................................17 13.3 Condemnation.....................................................................................................17 14. Insurance.........................................................................................................................18 14.1 Tenant's Insurance..............................................................................................18 14.2 Waiver of Subrogation........................................................................................19 14.3 General Provisions..............................................................................................20 15. Assignment or Subletting................................................................................................20 15.1 Landlord's Consent.............................................................................................20 15.2 No Assignment....................................................................................................20 16. Peaceable and Quiet Possession......................................................................................20 17. Default.............................................................................................................................21 17.1 Default by Tenant...............................................................................................21 17.2 Default by Landlord............................................................................................21 18. Landlord's Right of Entry............................................................................................... 22 19. Estoppel Certificates....................................................................................................... 22 20. Sale or Assignment of Landlord's Interest.....................................................................22 21. No Partnership................................................................................................................23 22. Landlord's Rights as to the Premises..............................................................................23 23. Tenant Indemnification and Defense; Prevailing Wage Indemnity................................23 -ii- 11231-0001\1931283v4.doc Page 202 TABLE OF CONTENTS (cont. -iii- 11231-0001\1931283v4.doc Page 203 Page 24. Miscellaneous.................................................................................................................23 24.1 Gender.................................................................................................................23 24.2 Successors and Assigns.......................................................................................23 24.3 Notices................................................................................................................23 24.4 Time....................................................................................................................24 24.5 Attorneys' Fees...................................................................................................24 24.6 Governing Law...................................................................................................24 24.7 Consent to Jurisdiction and Service of Process ..................................................24 24.8 Counterparts........................................................................................................ 24 24.9 Severability.........................................................................................................25 24.10 Further Assurances..............................................................................................25 24.11 No Waiver...........................................................................................................25 24.12 Rights and Remedies...........................................................................................25 24.13 Entire Agreement................................................................................................25 24.14 Termination; Holdover........................................................................................25 24.15 Memorandum of Lease.......................................................................................25 24.16 Force Majeure.....................................................................................................25 24.17 Waiver of Landlord's Lien..................................................................................26 24.18 No Waiver of Governmental Powers..................................................................26 24.19 Authority of City Manager..................................................................................26 -iii- 11231-0001\1931283v4.doc Page 203 City of Rancho Cucamonga QONTRACT NO. co �- __.aq 3 Amendment No. I_... FIRST AMENDMENT TO GROUND LEASE AGREEMENT This F ST AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is dated as of .f- 3 l , 2016 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Landlord"), and GOALS SOCCER CENTERS, INC., a Delaware corporation ("Tenant"). RECITALS A. Landlord and Tenant entered into a Ground Lease Agreement dated May 4, 2016 (the "Lease"). B. Landlord and Tenant desire to amend the Lease as hereinafter set forth. C. Initially capitalized terms used herein but not defined shall have the respective meanings given such terms in the Lease. THEREFORE, in consideration of the foregoing recitals, the mutual terms set forth below, and other consideration, the sufficiency of which is hereby acknowledged, the parties - - - - hereto hereby agree as follows: 1. Inspection Period. Tenant hereby represents and warrants to Landlord that Tenant has completed and approved all inspections/due diligence described in Section 2.1.2 of the Lease. 2. Outside Government Permits Date. The term "Outside Government Permits Date" as used in the Lease shall mean a period ending on October 4, 2017. Notwithstanding anything in the Lease to the contrary, Tenant may terminate this Lease for any reason by sending written notice of termination to Landlord on or before the last day of the Outside Government Permits Date, in which event the Parties shall have no further rights or liabilities under this Lease (except for any that expressly survive termination of this Lease and Tenant's duty to indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses and damages resulting from any Tenant's, its agents' are contractors' acts during its inspections of the Property except to the extent of the negligence or willful misconduct of Landlord, its agents or its contractors). 3. Delivery Deadline. The first sentence of Section 5.1 of the Lease is hereby deleted and replaced with the following: "Landlord shall deliver the Premises to Tenant free of all tenants and occupants on the date that is the earlier of (a) thirty (30) days after notice from Tenant that it is ready to receive delivery of the Premises, and (b) October 5, 2017 ("Delivery Deadline") (subject to Landlord's right to allow others to use the Premises and accept fees for such use until Tenant commences construction or such earlier date as Tenant may need to use the Premises for reasonable pre -construction activities)." 4. Extension Deposit; Rent; Liquidated Damages. Within one (1) business day after mutual execution of this Amendment by the Parties, Tenant shall pay to Landlord (by wire transfer or check) the sum of THREE HUNDRED FORTY-FIVE THOUSAND AND NO/100 -1- 11231-0001\1991712v2.doc Page 204 DOLLARS ($345,000.00) (the "Prepaid Rent/Liquidated Damages"). Commencing on April 1, 2017, Landlord shall apply and retain $9,583.33 per calendar month from the Prepaid Rent/Liquidated Damages deposit, at the beginning of each calendar month, as monthly Base Rent for the Premises. If Tenant terminates the Lease under Section 2.1.4 of the Lease prior to the end of the Outside Government Permits Date, then any remaining portion of the Prepaid Rent/ Liquidated Damages shall be returned to Tenant without interest within then (10) days after such termination; however, if such termination occurs before Thirty Thousand Dollars ($30,000.00) of the Prepaid Rent/Liquidated Damages Amount shall have been retained and applied by Landlord, then Landlord shall be entitled to retain so much of the remaining Prepaid Rent/Liquidated Damages Amount as necessary to reach such $30,000 amount. If such funds that are to be returned to Tenant are not timely returned to Tenant, then interest shall accrue on the unpaid amount at the rate of eight percent (8%) per annum, calculated from the date of termination to the date of return by Landlord, and Tenant may bring a claim in any court in Los Angeles County with jurisdiction to recover such amounts from Landlord. The provisions of this Section shall survive the expiration or earlier termination of the Lease. If Tenant does not terminate the Lease on or before the Outside Government Permits Date under Section 2.1.4 of the Lease, Landlord shall continue to apply and retain $9,583.33 per calendar month from the Prepaid Rent/Liquidated Damages deposit until it is depleted, and Tenant shall thereafter pay the monthly Base Rent as provided in the Lease. However, if Tenant fails to obtain all permits and approvals for the construction of the Improvements or fails to commence construction of the Improvements (collectively, the "Construction Commencement Events") in each case by November 30, 2017, then Landlord may terminate the Lease by written notice to Tenant and Landlord shall then retain all unapplied portions of the Prepaid Rent and Liquidated Damages Amount. IF THE "CONSTRUCTION COMMENCEMENT EVENTS" FAILS TO OCCUR, LANDLORD WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE DIFFICULT AND IMPRACTICAL TO ASCERTAIN. TENANT DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH TENANT MIGHT BE LIABLE SHOULD TENANT FAIL TO ACCOMPLISH THE "CONSTRUCTION COMMENCEMENT EVENTS" BY NOVEMBER 30, 2017. BOTH TENANT AND LANDLORD WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD RESULT IF LANDLORD FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR SUCH FAILURE, AND TENANT HEREBY STIPULATES AND AGREES THAT FOR PURPOSES OF THIS SECTION, SUCH FAILURE SHALL BE A DEFAULT AND BREACH BY TENANT UNDER THE LEASE. THE UNAPPLIED PORTION OF THE "PREPAID RENT AND LIQUIDATED DAMAGES" SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF LANDLORD'S DAMAGES FOR SUCH DEFAULT AND SHALL BE RETAINED BY LANDLORD AS LIQUIDATED DAMAGES AS LANDLORD'S SOLE AND EXCLUSIVE REMEDY FOR THE FAILURE OF THE CONSTRUCTION COMMENCEMENT EVENTS TO OCCUR. THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO TENANT -2- 11231-0001\1991712v2.doc Page 205 PURSUANT TO CALIFORNIA CIVIL CODE S TIONS 1671,1676 AND 1677. THIS SECT S L SURVIVE THE TERMINA O O THE LEASE. L INITIALS TEN ,S INITIALS 5. Rent Commencement Date. Notwithstanding anything to the contrary in the Lease, including Section 4.2 of the Lease, Base Rent will commence on the earlier of April 1, 2017 or the date on which the Tenant commences construction. 6. No Other Obligations Until Delivery Date. Notwithstanding anything in the Lease to the contrary, Tenant shall have no obligations under the lease until the Delivery Date, including without limitation, insurance, maintenance and repairs, and Tax Expenses, but excluding Tenant's obligations with respect to Prepaid Rent/Liquidated Damages, the foregoing Section 5 of this Amendment, and Tenant's duty to indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses and damages resulting from any Tenant's, its agents' are contractors' acts during its inspections of the Property except to the extent of the negligence or willful misconduct of Landlord, its agents or its contractors. 7. Authori . Each signatory hereto represents to the others that it is authorized to enter into this Amendment on behalf of the entity for whom it signs. 8. Entire Agreement. This Amendment, together with the Lease, constitutes the entire agreement between Tenant and Landlord with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings. Except as specifically set forth in this Amendment, all terms and conditions of the Lease shall remain in full force and effect and apply to this Amendment, to the extent not inconsistent. 9. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original (including copies sent to a party by portable document format (PDF) or other electronic format, but not facsimile), all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Amendment attached thereto. IN WITNESS WHEREOF, this Amendment has been executed by the undersigned as of the date first written above. LANDLORD: CITY OF RANCHO CUCAMONGA, a Califo municipal c ation By: Print Name: 11231-0001\1991712v2.doc TENANT: Page 206 Title: (/E f I -Al lr eev e-2 Title: Attest: Qa�y'�e� Reynolds, City Clerk Approved as to Form: V N F"Nvez- f. Atle Gal oway of Richards, Watson & Gershon, Counsel to City ME 11231-0001\1991712v2.doc j�12�5'ID�N � Page 207 SECOND AMENDMENT TO GROUND LEASE AGREEMENT This SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") is dated as of , 2018 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Landlord"), and GOALS SOCCER CENTERS, INC., a Delaware corporation ("Tenant"). RECITALS A. Landlord and Tenant entered into a Ground Lease Agreement dated May 4, 2016 and then amended it by a First Amendment to Ground Lease Agreement dated August 31, 2016 (the "Lease"). B. Landlord and Tenant desire to further amend the Lease as hereinafter set forth. C. Initially capitalized terms used herein but not defined shall have the respective meanings given such terms in the Lease. THEREFORE, in consideration of the foregoing recitals, the mutual terms set forth below, and other consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Clarification of Description of Premises. Exhibit "A" to the Lease is hereby deleted and Exhibit "A" hereto is hereby substituted in lieu thereof. Landlord and Tenant agree that the "Premises" under the Lease have consisted of the land described on Exhibit "A" hereto (and depicted on Exhibit `B" hereto) since the date of the Lease, and Tenant shall be bound by all of the terms of the Lease with respect to such Premises from and after the date of the Lease, and all of the terms of the Lease have applied and shall apply to such Premises from and after the date of the Lease. The address of the Premises is 11747 Stadium Way. 2. Amended and Restated Memorandum of Lease. Concurrently with its execution and delivery of this Amendment, Tenant shall execute and deliver to Landlord (duly acknowledged) an Amended and Restated Memorandum of Lease in the form attached as Exhibit "C" for execution and recording by Landlord. 3. Irrigation Water Submeter. Supplementing Section 11 of the Lease, Landlord and Tenant acknowledge that Tenant has installed a submeter that measures Tenant's use of recycled water to irrigate plants. Tenant shall pay to Landlord, on a calendar quarterly basis, within ten (10) days after written demand from Landlord and as additional rent under the Lease, the charges for such water usage as measured by such submeter as confirmed in good faith by Landlord. Landlord shall not make such written demand for payment more often than once each calendar quarter. Tenant's failure to timely pay any such charges shall constitute a default under the Lease, which shall be subject to Section 17.1.1(i) of the Lease. 4. Payment of Development Impact Fees. Tenant hereby authorizes and directs Landlord to immediately pay to itself, from so much of the Prepaid Rent/Liquidated Damages deposit held by Landlord as has not heretofore been applied to rent, the sum of $82,624.36 as -1- 11231-0001\21617500.doc 11231-0001\2180418v1.doc Page 208 development impact fees for the project described in the Lease (representing development impact fees of $58,093.35 for "Transportation"; $2,324.06 for "Police"; and $22,206.95 for "Drainage"). If and to the extent said deposit is not sufficient to pay such fees, Tenant shall pay such fees from other funds. After paying such fees, once the remainder of the deposit is applied to rent, then Tenant shall pay rent from its other funds. 5. Hours of Operation. Section 6.1 of the Lease is hereby deleted and the following amended and restated Section 6.1 is substituted in lieu thereof: "6.1 Operations. Tenant may operate its soccer business at the Premises daily, from 8 A.M. to 11 P.M. Monday through Thursday, and from 7 A.M. to 12 A.M. Friday through Sunday, except that: (i) on the second Saturday of each November, Tenant's operation of soccer games shall be limited to 12 P.M. to 12 A.M., and (ii) from April through September, Tenant may not operate or host tournaments with games starting later than 4:30 P.M. on days which the Rancho Cucamonga Quakes have home games. Between December 15 and December 31 of each calendar year, Tenant shall provide Landlord with a written list of its proposed tournament dates for the next calendar year ("Tenant's Annual Tournament Date List"), and Landlord shall approve or disapprove each date by January 15, it being understood that Landlord may disapprove a date if (i) Rancho Cucamonga Quakes has a home game and/or special event; and (ii) Landlord has committed to provide any third party with any such parking lots A, B, C, G or F on such date. Landlord shall provide Tenant with a written list of Rancho Cucamonga Quakes home games and of such third party commitments monthly, by the first day of each calendar month. Tenant may submit written amendments to Tenant's Annual Tournament Date List for Landlord's approval, and Landlord shall approve or disapprove each date within ten (10) business days after any such written amendment is delivered, it being understood that Landlord may disapprove a new tournament date if Rancho Cucamonga Quakes has a home game or Landlord has committed to provide any third party with any such parking lots A, B, C, G, or F on such date any such parking lots A, B, C, G or F on such date. Landlord shall provide Tenant with a written list of Rancho Cucamonga Quakes home games and of such third party commitments monthly, by the first day of each calendar month. Tenant may submit written amendments to Tenant's Annual Tournament Date List for Landlord's approval, and Landlord shall approve or disapprove each date within ten (10) business days after any such written amendment is delivered, it being understood that Landlord may disapprove a new tournament date if Rancho Cucamonga Quakes has a home game or Landlord has committed to provide any third party with any such parking lots A, B, C, G, or F on such date. 6. Use by pproved Users. Section 6.2 of the Lease is hereby deleted and the following amended and restated Section 6.2 is hereby substituted in lieu thereof: "6.2 Use by pproved Users. Tenant shall make twelve (12) hours of usage available per week between 8 A.M. and 5 P.M. ("Free Use Periods"). Hours of usage are defined on a per field, per hour basis. If two fields are used concurrently, that would count as two (2) hours of usage. A maximum of six (6) -2- 11231-0001\21617500.doc 11231-0001\2180418v1.doc Page 209 fields may be used at one (1) time by Approved Users. Tenant shall also serve as the host site for an Approved User annual special event, with a date to be determined at least three (3) months in advance, available Monday -Sunday between 8 A.M. and 5 P.M. Additional free usage may be available for Approved Users, as agreed upon between Tenant and Approved Users. If any Approved User is more than fifteen (15) minutes late for a scheduled use of a soccer field, then Tenant may allow others to use the applicable soccer field. For clarification purposes, Tenant shall determine when the Approved Users may use the soccer fields within the Free Use Periods. Approved Users will request use during Free Use Periods at least three (3) months in advance. As used herein, "Approved Users" shall mean use by key user groups identified in writing by Landlord to Tenant from time to time for non -revenue generating soccer games." 7. Parking. Tenant will have the right to use the parking lot constructed by Tenant on the Premises, and on July 3 and July 4 of each year, Tenant parking will be restricted only to the parking lot constructed by the Tenant on the Premises. From April to September each year, Tenant's visitors may be subject to a parking fee when parking in parking lots A, B, C, and G during Rancho Cucamonga Quakes home games, as space allows. Rancho Cucamonga Quakes patrons will have first priority to park in parking lots A, B, C and G. Parking in parking lot D is reserved for City of Rancho Cucamonga programming. Parking in parking lot E (Animal Shelter) is reserved only for the Animal Shelter during regular business hours. 8. Advertising. Subject to applicable laws, Tenant shall have the right to sell, display and maintain advertising on the Premises, including advertising of retail goods and food, and alcoholic beverages, at the locations described on Exhibit "D," provided they are not visible from any public right of way. 9. Identification and Directional Banners. Subject to Landlord design review approval, Tenant shall have the right to display and maintain banner signage on the light poles owned by the City described on Exhibit "E" to this Agreement. Tenant shall be responsible for installation of banner signage, utilizing City -approved hardware, and removal of banner signage, and shall maintain banner signage in good condition and free from tears, discoloration and damage, and must provide City with a copy of insurance from a banner installation company, naming the City as an additional insured, for at least $1,000,000 prior to installing/displaying any banner. Tenant shall promptly repair, at Tenant's cost, any damage to the light poles caused by its installation, removal or maintenance of banners., at Tenant's cost, any damage to the light poles caused by its installation, removal or maintenance of banners. 10. Authority. Each signatory hereto represents to the others that it is authorized to enter into this Amendment on behalf of the entity for whom it signs. 11. Entire Agreement. This Amendment, together with the Lease, constitutes the entire agreement between Tenant and Landlord with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings. Except as specifically set forth in this Amendment, all terms and conditions of the Lease shall remain in full force and effect and apply to this Amendment, to the extent not inconsistent. -3- 11231-0001\21617500.doc 11231-0001\2180418v1.doc Page 210 12. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original (including copies sent to a party by portable document format (PDF) or other electronic format, but not facsimile), all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Amendment attached thereto. IN WITNESS WHEREOF, this Amendment has been executed by the undersigned as of the date first written above. LANDLORD: CITY OF RANCHO CUCAMONGA, a California municipal corporation LO -A TENANT: GOALS SOCCER CENTERS, INC., a Delaware corporation Print Name: L. Dennis Michael, Mayor Print Name: Attest: Janice C. Reynolds, City Clerk Reynolds, City Clerk Approved as to Form: Bruce Galloway of Richards, Watson & Gershon, Counsel to City ie 11231-0001\21617500.doc 11231-0001\2180418v1.doc President Page 211 EXHIBIT "A" LEGAL DESCRIPTION OF LEASED LAND Parcel A of Lot Line Adjustment No. LLA2017-0005, in the City of Rancho Cucamonga, County of San Bernardino, State of California as described in Certificate of Compliance No. LLA2017-00005 recorded as Document No. 2018-0001910 on January 4, 2018 in the Office of the County Recorder of said County. -1- 11231-0001\2161750v3.doc 11231-0001\2180418v1.doc Page 212 t4 rru EXHIBIT `B" DIAGRAM SHOWING LEASED LAND EXHIBIT "B I 2L ryry j MAP OF ROCHESTER P.O.B. PARCEL "C" M.B. 9/20 do P.O,C. PARCEL "A" & "B" I / P.O.B. PARCEL "A" & "B" / ^ 544_05'"E �R 20l N89'34'14'E ! 1296.41' F0N88'03'46'E 491.95' (R) NORTH LINE OF LOT 23 PARCEL A (178,304 S.F.) Jr '44"E (R) � i 387.26' � I * PARCEL N I (130,506 S.F.) C) r N89'30'51"E I-,2 r 300.02' SHEET DELTA T LENGTH ----_�--------- I � 65.95' N8959'05"W C2 47'50'54" I NORTH LINE OF 17.91' 9.52' m �N74'21'28"E RLOT 24 I I otl WzWEST LINE PARCELizVDF T4N-7- LOT 24 C (194,819 S.F.) TH �-------___—y..__------1 633.33' N69'2T36"E� LOT 24 1296.66°'------�_--�� SOUTH LINE OF ARROW ROUTE DELTA RADIUS I LENGTH I TANGENT Cl 15'58'47" 236.48' 65.95' 33.19' C2 47'50'54" 21.45' 17.91' 9.52' LEGEND — K X PARCEL LINE TO BE REMOVED •0-0 ---- 0' ADJUSTED PARCEL LINE ANTHONY HARO P.L.S. 7635 EXP. 12/31/2018 -I- 11231-0001\216175Ov3.doc 11231-0001\2180418v1.doc BEARING DISTANCE L1 N89'59'05"W 86,88' L2 NOO'09'14"E 30.12' L3 N89'34'14"E 54.01' 0 200' 400' SCALE IN FEET (AFTER LOT LINE ADJUSTMENT) Page 213 EXHIBIT "C" FORM OF AMENDED AND RESTATED MEMORANDUM OF LEASE (Attached.) -1- 11231-0001\2161750v3.doc 11231-0001\2180418v1.doc Page 214 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Landlord declares that this Amended and Restated Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383. Documentary Transfer Tax is $0.00 (lease of less than 35 years). AMENDED AND RESTATED MEMORANDUM OF LEASE THIS AMENDED AND RESTATED MEMORANDUM OF LEASE (this "Memorandum") is dated as of , 2018 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Landlord') and GOALS SOCCER CENTER, INC., a Delaware corporation ("Tenant"). RECITALS A. Landlord and Tenant executed that certain Ground Lease Agreement dated May 4, 2016 and amended it by a First Amendment to Ground Lease Agreement dated August 31, 2016 and a Second Amendment to Ground Lease Agreement date substantially concurrently herewith (the "Lease") affecting the land and the improvements located at 11747 Stadium Way in the City of Rancho Cucamonga, California described on Exhibit "A"_(the "Property"). B. Landlord and Tenant recorded a Memorandum of Lease dated June 4, 2016 on June 17, 2016 as Document No. 2016-0332836 of the Official Records of San Bernardino County, California ("Memorandum"). C. The address and APN number of the leased premises were incorrect in the Memorandum, and as described in Recital A above, the Ground Lease Agreement has been amended twice since the Memorandum was recorded. D. Landlord and Tenant now desire to record this Memorandum in order to clarify the address and APN of the leased premises, reflect that the Ground Lease Agreement has been amended, comply with law requiring that municipal leases be recorded, give constructive notice of the existence of the Lease, and permit the Tenant to obtain title insurance. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and -2- 11231-0001\21617500.doc 11231-0001\2180418v1.doc Page 215 conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Address and APN. The address of the Property is 11741 Stadium Way, Rancho Cucamonga, California, and its Assessor's Parcel Numbers are 0889-012-04 and 0229-012-05. 2. Ground Lease. Landlord has leased the Property to Tenant, and Tenant has leased the Property from Landlord, upon and subject to the terms and conditions set forth in the Lease. The Lease is hereby incorporated herein by this reference. 3. Term. The term of the Lease commences on the "Delivery Date" described in Section 3.1 of the Lease, and expires on the date that is twenty (20) years after such Delivery Date, subject to extension to January 30 of a calendar year if the expiration falls during the period starting on December 1 and ending on such January 30, and also subject to options in favor of the Tenant to extend the term for consecutive periods of ten (10) years, five (5) years and five (5) years. IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date and year first above written. LANDLORD: TENANT: 11231-0001\21617500.doc 11231-0001\2180418v1.doc CITY OF RANCHO CUCAMONGA, a municipal corporation L. Dennis Michael, Mayor GOALS SOCCER CENTERS, INC., a Delaware corporation Print Name: -3- President Page 216 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT (Seal) notary public or other officer completing this certificate verifies only the identity of the individual who signed the )cument 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 52 11231-0001\21617500.doc 11231-0001\2180418vl.doc Page 217 WITNESS my hand and official seal. Signature (Seal) -5- 11231-0001\2161750v3.doc 11231-0001\2180418v1.doc Page 218 EXHIBIT "A" LEGAL DESCRIPTION OF LEASED LAND Parcel A of Lot Line Adjustment No. LLA2017-0005, in the City of Rancho Cucamonga, County of San Bernardino, State of California as described in Certificate of Compliance No. LLA2017-00005 recorded as Document No. 2018-0001910 on January 4, 2018 in the Office of the County Recorder of said County. 11231-0001\2161750v3.doc 11231-0001\2180418v1.doc Page 219 EXHIBIT "D" DIAGRAM/EXPLANATION OF PERMITTED LOCATION FOR ADVERTISING (Attached.) 11231-0001\2161750v3.doc 11231-0001\2180418v1.doc Page 220 EXHIBIT "E" DESCRIPTION/DIAGRAM OF CITY LIGHT POLES (FOR TENANT BANNERS) (Attached.) 11231-0001\2161750v3.doc 11231-0001\2180418v1.doc Page 221 Page 222 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Michael Frasure, CBO, Building & Safety Services Manager Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO APPROVE A CONTRACT WITH BUREAU VERITAS NORTH AMERICA, INC. AND A CONTRACT WITH INTERWEST CONSULTING GROUP FOR ANNUAL PLAN REVIEW SERVICES ON AN AS - NEEDED BASIS IN AN AMOUNT NOT TO EXCEED $75,000 EACH ON AN ANNUAL BASIS FOR THE NEXT SEVEN YEARS. RECOMMENDATION: It is recommended that the City Council approve contract #CO18-XXX for Bureau Veritas North America, Inc. and contract #CO18-XXX for I nterwest Consulting Group for contract plan checks of various construction projects within the City in an amount not to exceed $75,000 for each vendor on an annual basis for the next seven (7) years. BACKGROUND: Bureau Veritas North America, Inc. and I nterwest Consulting Group have been providing contract plan check services for the Building and Safety Services Department during the last several years. Based on staffing, we have currently been utilizing both Bureau Veritas and Interwest Consulting Group and would like to continue over the next seven years. Due to the high volume of projects currently being submitted, the plan check services of these consulting firms is required to maintain our excellent customer service and accommodate the needs of the development community to obtain timely approvals for building plan checks and permits. ANALYSIS: Building and Safety provided detailed Scope of Services to the Procurement Division for the purposes of creating a qualified vendor list for Annual Plan Review Services on an As Needed Basis for various construction projects within the City. A formal Request for Proposal (RFP) / Statement of Qualifications (SOQ) #17/18-006 was posted and advertised in the City's electronic bidding system. There were five hundred and seven (507) notified vendors, seventy (70) prospective vendors downloaded or reviewed the bid documentation and ten (10) responses were received. An evaluation panel was formed and the proposal responses were evaluated and rated in accordance to the criteria identified in the RFP. The two highest ranking firms were Bureau Veritas North America, Inc. and Interwest Consulting Group. These two vendors were the most responsive firms meeting the RFP requirements while providing the City with the best value. Page 223 FISCAL IMPACT: The contract services will be funded through the plan check review fees collected. COUNCIL GOAL(S) ADDRESSED: NA ATTACHMENTS: Description Attachment 1 - Bureau Veritas North America, Inc. Agreement No. CO 18 -XX Attachment 2 - I nterwest Consulting Group Agreement No. CO 18 -XX Page 224 AGREEMENT FOR PROFESSIONAL SERVICES TILS AGREEMENT is made and entered into this 1 st day of July, 2018, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Bureau Veritas North America, Inc., a Plan Check Services Company ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following professional services: Plan Check Services ("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: L Consultant's Services. 1..1 Scone and Level of„Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perforin all technical and professional services described in Recitals "A” and `T" above, including, but not limited to pian, review of projects for conformance to City standards and requirements, all as more fully set forth in the Consultant's proposal, dated July 11, 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 pro -visions 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 PSA with Professional Liability Insurance (non -design) Last Revised: 10102113 � P+Idpi' httftplS Attachment 1 Page 225 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 ConsuItannt 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 perforin 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 in -mediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Terms of Agreement. The terra of this Agreement shall be 4 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 iri 1 years) increments to a total of 7 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 PSA with Professional Liabilitr Insurance (iron -design) Last Revised. • 10/07/13 ie] oc!'rfviirials Page 2 Page 226 shall not exceed $75,000.00 (on an annual basis for the next 7 years), 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 (100/(,) of any invoice ainount 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 (3 0) 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 Matthew Burris; Deputy City Manager, 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, Bureau Veritas North America, Inc. is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services PSA with Professional Liability Inivrauce (frau-design) Last Revised: 10102113 [[ euado^ � r Initials Page 3 Page 227 specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly 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 nnay 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 Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before corm-nencing 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 persolmel 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 fail -are to promptly pay to City any reimbursement or indernrnification 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 PSA with Professional Liability Insurance (noir-designs) Last Revised: 10102113 Page 4 Page 228 restriction or limitation 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 of the Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assianment 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, tradennarks, 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 Propert . 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, harinless 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 tradeinarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, 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. PSA wilh Professional Dahilrti, Insurauee (hon -design) Last Revised: 10/02/13 � e�ula• 1�;itinis Page 5 Page 229 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 tune, or in any manner, represent that it or any of its officers, agents or employees are in any mariner 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. Confidentlaff y. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, docur nents, 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 tennination of this Agreement. This provision shall not apply to information in whatever foam that is in the public domain, nor shall it restrict the Consultant from giving notices required by Iaw or complying with an order to provide information or data when such ail 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. 1.0.1. 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 marmer 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 eanployee 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, conunission, gift, percentage, or any other consideration contingent upon the execution of PSA itilk Professional Lirabiliti, Insurance (non -design) Last Revised: 10/02/13 f`e�rdorlrritrnls Page L Page 230 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, cormnission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontraetual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest conies to the knowledge of Consultant at any time during the tern of this Agreement, Consultant shall iirunediately 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. Indenui fzcation. 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 attormey'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 willfal misconduct of any of the Indemnitees. 11.3 Nonwaiver of Rights. Indernnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the ASA ivith Professional Liabdif{, lxsurance (non -design) Last Revised: 10102113 a Vendor lnitiats Page 7 Page 231 deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Eight of Subra ation. 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, fioin 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 I1 shall survive the termination of the Agreement and are in addition to any other rights or remedies wluch Indene.-iitees 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 Indenuiitee'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 foiin approved by the City, having, at City's option, an extended reporting period of not less than tlu-ee (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 perfonnance of the Services and otherwise complying with all applicable provisions of this Section 12. PS -1 with Professional Liability Insurance (troir-design) Last Revised: 10102113 €'ettdor• hritinls Page 8 Page 232 less than: The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Muiiinum Limits of Insurance. Consultant shall maintain limits no (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 nz 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 ininimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 1.2.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured elfinsured 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 ceirfied copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The coininercial 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 PSA with Professiarral Liabillty Insurance (iron -design) .Last Revised: 10.02/13 Vendor Midols Page 9 Page 233 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 coverage shall contain no limitations on the scope „of protection afforded to City. its officers, officials, employees, designated volunteers or agents servg_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 elfinsurance 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 of the 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 irn,nediately 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. (5) Each policy shall be issued by an insurance company approved iii writing by City, which is admitted and licensed to do business in the State of California and which is rated PSA with Professional Liability hisurance (non -design) Last Devised: 10102113 c,rrfa~ , blitiars Page 10 Page 234 ANII 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) 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 ftarnish 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 continences 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 inaimer 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 tenni-late this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to PSA lritlr Professional Liability Insurance (noir-design) Last Remised. 10/02113 f endor Initials Page 11 Page 235 Consultant. In the event City exercises its right to terininate 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 tenninate for cause following a default remaining uncured inore than five (5) business days after service of a notice to cure on the breaching party. Consultant may tenninate 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 teen of this Agreement, including but not limited to Payment Terns; (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 thud 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 tune to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Matthew Burris, Deputy City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Consultant; IsarnHasenin, C.O.O., Facilities Division Bureau Veritas North America, Inc. 9988 Hibbert Street, Suite 100 San Diego, CA 92131 16. Non -Discrimination and Equal Employment Oppo€lunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for eniployinent because of race, color, creed, religion, sex, inarital 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 duiing 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, PSA with Professional Liability hisurance (noll-design} Last Revised. 10102113 G'eador lnifial5 Page 12 Page 236 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest inn 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 three Consultant performs the Services. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seg., 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. 1f 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 htW://�wJw.dir.ca.gov/dlsriDPreWageDetennination_litin CONSULTANT shall make copies of the prevailing rates of per them 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. Noxi -Waiver of Terms, Rights and Remedies. Waiver by either parry of any one or more of the conditions of perfonnance under this Agreement shall not be a -\vaiver 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 docurnents 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 docunnent incorporated herein by reference, the provisions of this Agreement shall prevail. PSA with Professional Liability Insurance (iron -design) Last Revised. 10/02/13 C'endar }��ilinls Page 13 Page 237 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 Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Bureau Veritas North City of Rancho Cucamonga Amek nc. J By: �7 /1<))� By Name Date Naive Date Title Title City of Rancho Cucamonga &L� By. I�Tame ate '6 D'( w By: Name Date U� er , Title Title (two signatures required if corporation) PSA with Professional Liability Insurance (iron -design) Last Remised: 10102113 Pendor Initials Page 14 Page 238 EXHIBIT A SCOPE OF SERVICES PS -4 %villi Professional Liobilihv Insurance (iron -design) Last Revised: 10102/13 ► e„do,� l,�;f;�rs Page 15 Page 239 City of Rancho Cucamonga RPP #17178-006: Annual Plan Review Services On An As Needed Basis Staff Biographies Page 240 City of Rancho Cucamonga IFP #17/18-006: Annual Ptan Review Services On An As Needed Basis Experience Building Department Plata Review BVNA personnel have performed and managed plan review for literally thousands of projects. Project types include high-rise hotels and office buildings, institutional occupancies such as jails, shipping facilities, room additions, single-family tract and custom homes, tilt -up shells, tenant improvements, and infrastructure (roads, wet and dry utilities, etc.). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. With such a large and licensed plan review staff, we are able to manage numerous and complex projects simultaneously. We are able to provide discipline -specific plan reviews (e.g., structural, mechanicaliplumbing, electrical, fire, access, street, drainage, map, civil infrastructure, etc.). We are the Iargest plan review firm in the United States, providing full service code consulting and plan review services. Ourteam provides plan reviews for compliance with a variety of codes, including the California Building, Plumbing, Electrical, ]Mechanical, Fuel Gas, Energy Conservation, Fire and the National Electric Codes as adopted by the City. We have specific experience working through a variety of challenges including, but not limited to, infill commercial development, adaptive reuse and change of occupancies of existing buildings, retrofit of un -reinforced masonry or soft story buildings, large commercial shopping centers and mixed-use multi -family developments, live -work projects and high tech, research and development facilities. We are able to offer the following plan review services to the City of Rancho Cucamonga: • Architectural, fire and life safety plans examination • Structural plans examination • Energy code plans examination • Accessibility requirements including: • Barrier free plans examination requirements • Disabled access • CASp ADA • Mechanical, plumbing and electrical code plans examination • Review and approval of alternative materials, alternative design and methods of construction • Fire plan review including: • Fire sprinkler Fire alarm • Smoke detection and dampers • Underground • Civil plans examination including: • Grading and drainage NFDES/SWPPP • Development • Infrastructure • Water and wastewater • Sewer Green building and LEED consulting including: • LEED submittal consultation • Green building consulting including CALGreen • ENERGY STAR verification • Energy efficiency audits = Chain of Custody (COC) certification v„u v j t i Ta Move Forward with Confidence Page 241 City of Rancho Cucamonga RFP (#1'7/18-006. Annual PEan Review Services 0n An As Needed Basis Experience Plan Review Turnaround Times At your request, BVNA can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule, To reduce turnaround times for plan review, we can use electronic submittals, phased submittals, conference calling, and videoconferencing. BVNA has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources we are able to assemble experienced personnel in order to help with project schedule recovery when necessary. Our team will maintain efficient turnaround times on all reviews as a key measurement of our per€ormance for our plan review services. The following schedule is representative of the review times associated with the type of construction you can anticipate. Typical turnaround times for building plan review are as follows: Commercial TI 7 5 3 Residential addition and/or accessory 7 5 3 building New Residential 10 7 3 New Commercial 10 7 3 Complex, large, or unusual project 'Turnaround tunes for unusually complex orlarae nroiects can be negotiated BVNA will also accommodate preliminary reviews to facilitate fast tracked or accelerated projects. This will aid with timely turnaround and create good public relations, if applicants include designs that do not conform to the prescriptive requirements of the codes, the City's designee will have final approval over the plan being reviewed. Our staff will make recommendations for the resolution if requested. We are also available to meet with agency staff or others as needed to discuss our findings. Third Party Plan Review and Inspection Supplementing the development community to provide exceptional customer service and expertise Rapid development can be overwhelming to building departments and can cause schedule delays for developers, contractors, and design -build teams. Although public agencies are dedicated to providing a high level of customer service while ensuring the integrity of design and construction, their stafF becomes overloaded and unable to keep the development moving forward efficiently. Third party plan review and inspection enables SVNAto supplementthe local authority having jurisdiction on a project -by -project basis, at the applicant's expense. This is an optional method to accomplish the plan review s s q N roan Move Forward with Confidence Page 242 City of Rancho Cucamonga RPP #17/18-006: Ann uaL Plan Review Services On An As Needed Basis Experience for applicants that desire preliminary plan reviews or have expediting needs due to project time constraints. This method allows the designer to work with plan review staff early in the design process to avoid code problems that could lead to extensive redesign of completed plans. It also allows the permit applicant to pay for review services directly to BVNA, independent of the normal City plan review fee. nth approval of the building official, our team can provide third -party plan reviewslinspections by allowing an applicant to provide payment directly to BVNA for our plan review fee or inspection costs. This program is utilized by many public agencies, developers, contractors, and project management firms to help promote economic development, keep projects on track, expedite projects, etc. BVNA teams with cities, counties, developers, contractors, project managers, design -build teams, and other members of the development community to provide a high level of customer service, experience, and technical expertise. We have provided third parry plan review and inspection services for thousands of projects throughout the United States. What are the key benefits? Demand' driven resources encourage development Third party programs provide efficient performance standards and tumaroundtimes, thus promoting economic development and not delaying it. Tailored solutions Based on each client's specific needs and challenges, BVNA has the ability and wide range of resources to provide full or partial third party plan review and inspection support to verify conformity to the requirements of the regulatory codes adopted in the agency having jurisdiction. Increased customer service levels Third party programs result in quicker turnaround times, availability of experts for consulting and to answer questions, and more thorough and consistent inspections. Why Choose Bureau Veritas? Knowledge and Expertise Certified by the International Code Council and licensed by applicable state agencies, BVNA plans examiners and engineers are proficient in the application of design and testing standards and have participated in the development of design standards on many different levels. BVNA inspection staff is also certified by the International Code Council and many are multi -disciplined. Having a multi -disciplined inspector ensures consistent inspections by the same inspector for all trades. Multi -disciplined inspectors also provide the construction teams with a single point of contact throughout the duration of the project. Reputation BVNA has become the leader in construction code compliance services throughout the United States. The growth of BVNA's construction code compliance division is the result of repeat clients and client referrals. LI=ED ConsuttinglReview BVNA is at the forefront of the green building movement, and by implementing green building solutions, ¢ r 5 4 . �e 2e Move Forward with Confidence Page 243 City of Rancho Cucamonga RFP #17118-006: Annual PLan Review Services On An As Needed Basis Experience we help reduce energy consumption, maintenance and capital costs, environmental impact, and increase occupant comfort and health. • Expertise in assisting municipal clients in green building ordinance implementation • Provided approximately 1,000 LEED reviews for the USGBG Building services LEED submittal consultation Green building consulting • CALGreen code compliance • ENERGY STAR verification • Energy efficiency audits Chain of Custody (COC) certification Project Approach Architectural Review BVNA blends the knowledge of local conditions with a large pool of California licensed or certified building safety experts equipped to handle all building department needs. We are able to tailor our solutions specific to the City of Rancho Cucamonga as a result of having provided plan review, inspection services, specialty reviews and municipal administrative support for over 35 years. Structural Review BVNA is uniquely qualified and experienced in structural review and inspection. We have plan review and inspection personnel that have specialized experience with multi family residential, hotels, resorts, retail, commercial, industrial, high-tech facilities, etc. We have several experienced structural engineers on staff who are immediately available to tackle the City of Rancho Cucamonga's most complex projects. We can provide a complete structural review of design drawings, details and calculations for both vertical loads and lateral seismic and wind forces, in accordance with the California Building Code structural provisions. Our plan check staff is extremely knowledgeable with the revised structural lateral requirements of this code. Mechanical Review The California Building Code is supported by ancillary codes such as the California Mechanical Code and any others specifically designated and adopted by the City of Rancho Cucamonga. Our staff includes licensed and certified mechanical engineers and inspectors who have the knowledge, training and experience necessary to review plans for compliance with these codes. Our staff, who are available immediately to the City of Rancho Cucamonga, have reviewed heating, cooling, distribution and return air systems, hoods and product conveyance system plans for a variety of projects including single family residential, multi family residential, custom homes, resorts, and hotels. Plumbing Review The California Building Code is supported by ancillary codes such as the California Plumbing Code and any others specifically designated and adopted by the City of Rancho Cucamonga. Our staff has the knowledge, training and experience necessary to review plans and inspect construction for compliance with these codes. We have licensed and certified mechanical engineers on staff to assist with plumbing reviews when needed. Our staff, have reviewed fuel gas, medical gas, potable and non -potable water piping and waste piping systems, and rainwater system plans for single family residential, multi family residential, custom homes, resorts, and hotels. L` 1 y �e9d Move Forward with Confidence Page 244 City of Rancho Cucamonga RFP #'E 7/'f 8-006: Annual Plan Review Services On An As Needed Basis Experience Electrical Review Electrical review and inspection to verify energy compliance is included in all projects in accordance with mandates from the applicable energy standards for non-residential construction. We have licensed and certified electrical engineers and inspectors with extensive plan review and inspection experience that have reviewed service installation, transformers, emergency power, panel distribution, single line diagrams, power and lighting system plans for single family residential, multi family residential, custom homes, resorts, and hotels. Disabled Access Review BVNA has extensive experience and capability that will enable our staff to provide complete plan review and inspection utilizing individuals who posses CASA certification. We have CASp certified individuals who are able to respond to the needs of the City of Rancho Cucamonga quickly. We currently provide CASp certified individuals to jurisdictions in California to meet the requirements of SB 1608. Additionally, we have provided accessibility reviews and inspections of projects in the region. Fire Plan Review Our staff will consult closely with the Fire Chief/Fire Marshal or their designated representative on any areas of the code requiring a unique interpretation or where alternate methods are being proposed and considered. BVNA reviews plans of fire suppression systems for compliance with applicable codes, standards, and amendments, including CFC, GSC, the adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U.L. Our vast experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures. All personnel assigned to your project will have available the necessary materials, resources and training to conduct plan reviews, including copies of applicable local amendments, policies, procedures and forms. Green Building Review We have plan review engineers, plans examiners, and inspectors who are well versed and experienced with energy code compliance. Our staff has been involved at various levels of energy code development in California and are certified to review and inspect for energy codes. Our staff has reviewed plans, and inspected projects, for projects that incorporate new technology, and complex energy code compliance. We have staff available to the City of Rancho Cucamonga who are CALGreen Certified. Project Methodology Our proposed team familiarizes themselves with the requirements of a public agency before beginning a review. BVNA has extensive public sector experience, which assures that the public's interests are fully protected. We believe that technical competence, while expected, is not enough. Experience and careful, thorough consideration of issues and impacts is needed in addition to the purely technical considerations. We have devoted a great deal of time and effort over the years to refining our approach and developing documentation to assist our clients and train our staff in understanding plan review procedures. BVNA will work to ensure that submittals are properly coordinated and tracked by following an established internal plan check coordination process in which each plan received for review is entered into our Deltek database, processed and returned on time to the client. Our plan tracking procedures are designed to track .F� vF JA 3 6 N >6'd ! n im IQ Move Forward with Confidence Page 245 City of Rancho Cucamonga RFP #17/18-006: Annua[ Pian Review Services On An As Needed Basis Experience each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. To accomplish this we: Screen and log each application to assure that they are routed to all plan reviewers in a timely manner. Submittals are reviewed for compliance with all relevant state and City requirements. The log serves as a tracking device to assure turnaround times and completeness of the review. Plan reviews will be done in accordance with local, state and federal regulations with which local jurisdictions are mandated to enforce as well as all codes and ordinances in effect by adoption at the time of plan review. Preliminary consultations will be provided to the applicant upon request, to assist and guide them in the design and plans preparation process. Information shown on each permit application is verified. Construction valuation is based on information provided by the City and compared to estimates provided by the applicant. Provide a thorough architectural and structural review of design drawings and details for compliance with the California Building Code architectural provisions, including provisions for safety glazing, building security and noise insulation performance standards, to name a few. Plan review management. BVNA assures that corrections are handled as quickly and as clearly as possible. Our goal is to help the applicant through the plan review process. All corrections are identified based on compliance with specified codes and regulations. Generally, corrections are identified in two ways. Notes are made on plans during electronic review or on hard copy plans if appropriate and a correction sheet is generated detailing what items need to be addressed before plans can be approved. The City shall approve the development of any customized correction sheets. Correction sleets for specific projects shall be forwarded to the City along with a cover memo containing at least the following: • The date(s) plans were received and reviewed by our firm • The date(s) the applicant was notified of completed plan reviews • The name and telephone number of the applicant During the plan review process, BVNA is prepared to meet with the applicant or architect/engineer, City employees or consultants at any time. Telephone discussions or meetings at project sites are welcomed to assure that any plan review issues are handled efficiently. We propose to meet at the offices of the building and safety division or at a particular project site. Our goal is to issue approved plans as quickly as possible but in full compliance with laws, codes, ordinances and regulations. Upon completion of the plan review, the following information package is prepared and logged as a minimum: Completed plan review documents which include sign -offs Transmittal letter documenting any conditions associated with issuance of a permit, if any • Marked up plan review documents • Two sets of approved building plans Backup documents and reports All documents shall be provided in a format desired by the City. Transmittal of Pians and Correction Lists BVNA assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pU vF+ C ` Y D 1 Move Forward with Confidence Page 246 City of Rancho Cucamonga RF'P #9 7/18.006: Annua[ Plan Review Services On An As Needed Basis Experience pici< up of plans on a consistent basis. We will also utilize shipping courier, at no additional cost to the City. Upon completion of each plan review, we will forward a copy of the correction list to both the City and the applicant, by mail_ When corrected plans are resubmitted, the previous procedure will be followed or the applicant may schedule an office visit to go over any corrections in person. When pians are completed they are stamped, signed and forwarded by BVNA staff. Our transmittal forms are customized for use unique to the City. Building Inspection BVNA can provide inspection services for a single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the design -build concept. Our inspectors are ICC certified and have extensive experience in the construction trades as well. Fast-track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection steam keeps daily logs to track corrections and plan review changes. BVNRs inspection teams also provide on-call building inspection services to cover staff vacation time, peak work loads, specialized inspection activities, and any other situations that may arise. These activities may include next -day inspections and same-day response to important or urgent requests. BVNA will provide the client with ICC certified personnel to provide the following services: 'l. Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by appropriate authority and recognizing the need for and requiring plan checks for electrical, plumbing, and mechanical code requirements. 2. Perform and document inspections on construction projects to determine that all aspects of the project such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, zoning ordinances, energy conservation, and disabled access requirements including known local, city, state, and federal requirements. 3. Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection. 4. Bring to the attention of the City of Rancho Cucamonga for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements. 5. Participate in reviews with fire, health, and other government agency inspectors, as well as owners. 6. Maintain a record of non -complying items and follow up to resolution of such items. 7. Upon request, we will inspect existing buildings for substandard, unsafe conditions. (D YE a } 1„�tl El 12 Move Forward with Confidence Page 247 City of Rancho Cucamonga RFP #17/18-006- Annual Plan Review Services On An As Needed Basis Experience Fire Plan Review Our staff will consult closely with the Fire Chief/Fire Marshal or their designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working through multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U,L. Our experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures. BVNA staff have reviewed hundreds of projects for fire safety components including NFPA 13, NFPA 72, NFPA 101, etc. Some example projects that our reviewers have worked on include The Village at Bella Terra in Huntington Beach, large distribution warehouse in Patterson, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have available the necessary materials, resources and training to conduct plan reviews, including copies of applicable local amendments, policies, procedures and forms. Fire Inspections BVNA can place an experienced fire inspector for a single project, or to augment existing staff, cover staff vacations or other leaves of absences, or we can provide all of the ire inspection on a daily basis. Systems and components we inspect include, but are not limited to: Fire Sprinklers, including systems beginning at property line, as directed r Fire Pumps R Fire Alarm Systems Automatic Suppression Systems including Halon, FM200, CO2 ■ Hoods • Duct Extinguishing Systems • Exits Emergency Lighting Voice Evacuation Systems Fire Permit Inspections Additionally, we can provide annual inspections of all aspects of the fire permit requirements. We can provide inspections annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes. nN fd3P 13 Move Forward wifh Confidence Page 248 EXHIBIT B SCHEDULE OF PERFORMANCE PSA ufrlr Professional Liability Insurance (non -design) Last Revised. 10102113 ,'c,rdir L2irials Page 16 Page 249 City of Rancho Cucamonga RFP #17/18-006- Annual. Pian Review Services On An As Needed Basis Plan Review Fees City of Rancho Cucamonga Request for Proposals ("RFP") and Statement of Qualifications ("SOW) #17/18-006 fo r Annual Plan Review Services On An As heeded Basis "EXHIBIT H„ PLAN REVIEW FEES Vendors must complete the following fee table, failure to comply may disqualify your response. Description Qty. UOM I Fee Initial Plan Check Review 1 EA 6566 of the City'scoilectedplan review fee Plan Review B=ee for Repetitive Track Homes 1 EA. 2090 of BVNA's collected 659' Recheck ##1 1 EA. included in the 65% Recheck #2 1 EA. Included in the 65% Recheck #3 1 EA. Included in the 65% Plan Delivery Charge 1 EA. Included in the 65% Other Fees (Please specify) See fee table FV YF '.. 5 3 J Y q I o2ri To 63 Move Forward with Confidence Page 250 City of Rancho Cucamonga RFP #17/18-006: Annual. Pian Review Services On An As Needed Basis Pian Review Pees Schedule of Fees If tour or more reviews are necessary, or client -requested meetings are called, they will be charged at the appropriate hourly rates shown below. Hourly Rates for project personnel: Project Manager $150 Building Services $125 Structural Plan Review Engineer $140 Plan Review Engineer (includes E, M, P) $125 ICC Certified Plans Examiner $110 Senior Building Inspector $90 Building Inspector $80 Permit Technician $70 Land Development Services Land Development Plan Review Engineer $125 Land Development Inspector $105 (non -prevailing wage rate) Land Development Engineering Technician $70 Fire Services Fire Protection Engineer $140 Fire Plan Reviewer $125 Senior Fire Inspector $90 Fire Inspector $80 ** Personal vehicle mileage on the job - reimbursed at IRS rate Fees and rates are subject to renegotiation annually, with approval from the City. o Move Foiward with Confidence 64 Page 251 Attachment .A. — Sample Waiver of Subrogation (Sample Only — Not all fomas will look identical to this Sample) TRAVELERSJ 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 a>aant that you perform work under a wrinen contract that requires you to obtain this agreement from us ) i his agreement shell not operate directly or Indirectly to beneflt any one 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 nffirialq DESIGNATED ❑RGANIZA710N: PSS! with Professional Vrlbilill' Insui-ance (;loll -design) Last Revised: 10102113 0 fender Initials Page !8 Page 252 Attachment $ -- Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] 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): Locations 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 11 -- 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 tocalion(s) desig- nated above. CG 20 10 07 04 E3. 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. Q ISO Properties, Inc., 2004 PSA with Professional Vabiiily Inscn•ance (uoi�-rlesigtr} .Last Revised. 10103113 Page I of 1 0 I'endoW-r� 1� �aitinls Page 19 Page 253 ADDENDUM N4. 001 to Professional Services Agreement Whereas, Bureau Veritas North America, Inc. (hereinafter "Contractor") and the City of Rancho Cucamonga (hereinafter the "City") intend to enter into a Professional Services Agreement (hereinafter "Agreement"), and Whereas: The City has identified the following exceptions to the Agreement; 1) Section 6, Consultant Personnel, Subsection 6.5 shall be added as follows: The Consultant shall provide the City notice if any of its employees or its subcontractors and/or subcontractors' employees that are proposed to provide professional consultant services are retirees from or current members of the California Public Employees' Retirement Systern (CalPERS). It is City practice to decline the services of employees of Contractors who are CalPERS retirees or current members of CalPERS on any City Project. In addition, Consultant's employees or subcontractors' employees providing professional consultant services shall work no more than 960 total hours in a fiscal year (July I -June 30) combined for the City and other CaIPERS agencies. 2) Section 6, Consultant Personnel, Subsection 6.6 shall be added as follows: In the event that Consultant or any employee, agent, or subcontractor of Consultant or the subcontractor's ernployec, providing services under this Contract, is deteranined by a court of competent jurisdiction or staff of CaIPERS, an Administrative Law Judge or the CaIPERS Board of Administration to be eligible for enrollment as a member in CalPERS as an employee of the City, or by any other state or federal agency to be an employee of the City under any circumstances, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions demanded by CaIPERS, payment of any penalties and interest on such contributions, as well as payment of any damages, wages, assessments, awards, judgments or charges incurred in relation thereto, whether awarded by a court, Administrative law Judge or CaIPERS any other state or federal agency, and payment of reasonable attorneys' fees incurred by the City in relation thereto. 3) Section 6, Consultant Personnel, Subsection 6.7 shall be added as follows: Consultant agrees to follow the provisions of the Affordable Care Act and shall indemnify, defend, and hold harmless the City for the payment of any Affordable Care Act penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, subcontractor of Consultant or subcontractor's employee providing services under this Contract and payment of reasonable attorneys' fees incurred by the City in relation thereto. 4) ) Section 6, Consultant Personnel, Subsection 6.8 shall be added as follows: Consultant agrees Page 254 to follow the provisions of the California Paid Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the City for the payment of any related penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, or subcontractor of Consultant or subcontractor's employee providing services under this Contract and payinent of reasonable attorneys' fees incurred by the City in relation thereto. 5) Section 6, Consultant Personnel, Subsection 6.9 shall be added as follows: Consultant agrees to follow all applicable provisions of federal, state and local law, statute and regulation in performance of this Contract as it relates to employment of employees or otherwise, including but not limited to, the Federal Fair Labor Standards Act and proper withholding of taxes, and shall indemnify, defend and hold harmless the City for the payment of penalties, fuzes, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant, or any employee, agent, or subcontractor of Consultant, or subcontractor's employee, performing services under this Contract and payment of reasonable attorneys' fees in relation thereto. Now therefore: Bureau Veritas North America, Inc. and the City desire to incorporate the above exceptions to the attached Professional Services Agreement. Please indicate your agreement by way of signature to this Addendum No. 001 and the attached Professional Services Agreement. Please return two (2) original signed copies to the City no later than June 25, 201 S. The City will process for signature and provide Bureau Veritas North America, Inc. with one (1) Mly executed copy of the Professional Services Agreement and Addendum No. 001. Consultant Name: Bureau Veritas North America, Inc. By: Name Date 11 1U Title- By: itle City of Rancho Cucamonga Name Title City of Rancho Cucamonga By: �/z! ) l9' By: Name Date Title (two signatures required if corporation) Name Title Date Date Page 255 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered Into this Ist day of July, 2018, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Interwest Consulting Group, a Plan Check Services Company ("ConsuItant"). RECITALS A. City has heretofore issued its request for proposals to perforin the following professional services: Plan Check Services ("the Project"). B. Consultant has submitted a proposal to perfonri the professional services described is 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 peiforru the services contemplated by fl -is Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of perfori nance 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 irl Recitals "A" and "B" above, including, but not limited to plan review of projects for conformance to City standards and requirements, all as more fully set forth in the Consultant's proposal, dated July 11, 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 1 endo PSA with Professional Liability Grsurance (iron-desigir) LasiRevised: 10/02/13 Attachment 2 Page 256 upon said meetings, and, by ainendinent 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 amendinent. 1.3 Time for Performance. Consultant shall perforin 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 iin a "Schedule of Perfonnance", 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 perforinance 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 iinraediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received fiom the City Representative. 2. Term of Agreement. The term of this Agreement shall be 4 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 I year(s) increments to a total of 7 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 PS,4 with Professional Liability Insurance ) ion -design) Last Revised: 10/02113 Tendo, luilials Page 2 Page 257 shall not exceed $75,000.00 (on an annual basis for the next 7 years), 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 perfornned. 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 adinunistrator and City's representative shall be Matthew Burris, Deputy City Manager, 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 invade 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, Interwest Consulting Group is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and PSA with Professional Liabiflty Insurance (tion -design) Last Revised: 10102113 �=er�da�Ts Page 3 Page 258 make all decisions in connection therewith ("Consultant's Representative"). It is expressly 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 ten -n 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 A. 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 indenuxify, 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, fs-orn 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 inderxuufication 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 PSA ivith Professional Liability Insurance (non-desigir) Last Remised: 10102113 Fle iNorInitiots Page 4 Page 259 restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under tlfis 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 tennination of this Agreement. City's reuse of the 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 maximurn extent pan -flitted 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 of the 'Work Product is held to constitute an infi'ingement 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 becornes non - infringing. This covenant shall survive the tenuination of this Agreement. PSA with Professional Liabilin, Insurance (noir-design) Last Rev sed: 10102/13 1-endar Ir�itlnls Page .i Page 260 8. Status as Independent Contractor. Consultant is, and shall at all tunes 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 art 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 mariner, 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 frozegiving 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 perinitted 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 perfon•mance of the Services. Consultant shall not accept any employment or representation during the teen 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, comnnission, gift, percentage, or any other consideration contingent upon the execution of PSA with Professional Liability Insurance (non -design) Last Revised: 10102/13 71.+11,171 rail als Page b Page 261 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 frons 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 hmnediately 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 aE reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. 1.1..2 Other Indemnities. In connection with all Clairris not covered by Section 11. 1, and to the maximum extent permitted by law, the Consultant shall defend, hold harmless and indemnify the Indermnitees with respect to any and all Claims including but not limited to Claims relating to dcath 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 Indeimnitees. 11.3 Nonwaiver of Rights. Indenmitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the PSA with Professional Liability Insurance (loan -design) Last Revised: 1010283 Page 7 Page 262 deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Ri ht of Subrogation. Except as otherwise expressly provided un 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, Iosses 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 Inderimitees may have under the law. Payment is not required as a condition precedent to an Indem nitee'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 undemnity 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 Mininnun 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. RSA with Professional Liability Insirrance (iron -design) Last Revised: 10/02/13 Kerrdor finials Page S Page 263 less than: The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant sball maintain limits no (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 lirait. (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 arno€€nt 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 ininimunr 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) 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 PSA with Professional Liability Insurance (non -design) Loss Revised; 10103113 r'enF o—` r hiiefals Page 9 Page 264 Consultant; products and completed operations of Consultant; preinises owned, occupied or used by 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 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 elfinsurance 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 claire is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide iimzmediate written notice if (1) any of the 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 ii-rcreased. 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. (b) 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 PSA with Professional Liability Insurance (noir-desigarr) Last Remised: 10102113 �rC7i O Page 10 Page 265 ANII 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. (S) 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 covera e. 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 hisurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant coimrmences 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 saFne 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 swine 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 claiin 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 PSS with Professional Liabil}(t,Insurance (non -design) Lost Revised, 10107113 feu or b ilials Page 1I Page 266 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 tenninate 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 tenni of this Agreement, including but not Iimited to Payinent 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 tune to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Matthew Burris, Deputy City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Consultant: Ron Beehler, Director, Building Safety Services Interwest Consulting Group 15140 Transistor Lane Huntuigton Beach, CA 92649 16. Nora -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. PV with Professional Liabifrts, Insurance (non -design) Last Revised. 10102113 re,z��is Page 12 Page 267 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract tlne 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 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 prevailnnng wage rate determinations can be found at hltp://wcvw.dir.ca.gov/dlsr{DPreWageDetei-inination.lntm 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, indoinnify and bold the City, its elected officials, officers, employees and agents free and harmless from any claiin or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, !;tights 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 ofperfornance 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 coxnrmence 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. PSA iiilh Professional Lrablfl{i, Insurance hon -design) Last RerPsetf-, 10102113 dd Mendo� Initials Page 13 Page 268 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 agreennent 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 me: Ii r C nsulting Group By`�— Na-ne ttKo,-6 B45E3�fF --7{ Date r � Title [� 1 �i . J(', / J� 6 Date am 5c�w,e Ro�S 7o tic V�ork S Grv� er 'e (two signatures required if corporation) FSA with with Professional Liabill(y Insurance (non -design) Last Revised: 10102113 City of Rancho Cucamonga By: Name Title City of Rancho Cucamonga Date By: Name Date Title Page 14 Page 269 EXHIBIT A SCOPE OF SERVICES PSA with Professional Liabili�v Insurance (non -design} Last Revised: 10102113 I'eirdar fnitiafs Page 15 Page 270 1. ORGANIZATION CHART & QUALIFICATIONS CHART STRUCTURAL PLAN REVIEW Roger Peterson, SE Bill Rodgers, SE Oliver Roan, sE John Weninger, SE Chandra Desai, PE Sandra SChMitZ, PE Bill Tewfik, PE,CASp BION -STRUCTURAL PLAN REVIEW Mark Hankinson, icc Tom Campbell, PE,cao,lcc Sal Kaddorah, PE Terence Chan, PE Gil Petris, tea, ICC Tony Dormanesh, PE, CBo,CASp Annette Mayfeld, ER, ]CC, CASp Chuck Bailey, icc Van Wilfinger, cBa MECHANICAL & ELECTRICAL PLAN REVIEW Hossein Afrouzeh, €iE, EE Brian Reilly, rhE, EPE Randy Brumley, ME Thomas Trimberger, IAE Dirk Ho;heinz, EE Wayne Webb, ice CASA CERTIFIED Annette Mayfield, EIT,ICC, CASp Tony Dormanesh, PE, CBO,CAsp Bill Tewfik, PE, LBO, CASA Interwest Consulting Group l wwwAnterwestgrp.com Page 163 Page 271 Interwest Consulting Group I wwvv.intervtvestgrp.com Page 184 Page 272 Registered Structural Engineer, CA SE3632 Registered Civil Engineer, CA ( CE39404 Registered Structural Engineer, NV 1 SE019992 Registered Civil Engineer, NV I CE019992 CABO Building Official [CC Certified Plans Examiner Role Beehler, SE, CRO [CC Certified Building Inspector CA Licensed General & Electrical Contractor National Earthquake Hazard Reduction Program Training California Construction Law Training Construction Claim Mitigation Training Leadership Training Professional Civil Engineer, CA I C46096 Roger Peterson, SE Registered Structural Engineer, CA 53846 Registered Civil Engineer, I[) I C8225 Registered Structural Engineer, IB j 58225 Registered Structural Engineer, CA S4198 Bill Rodgers, SE Professional Civil Engineer, CA C50673 Professional Civil Engineer, NVCE18427 Registered Structural Engineer, NV I SE18427 Registered Civil Engineer, CA ( 33484 Oliver Roan, SE Registered Structural Engineer, CA 13173 ]CC Certified Building Plans Examiner John Wenincger, SE Professional Civil Engineer, CAI C43746 Registered Structural Engineer, CA [S3740 Chandra Desai, PE Registered Civil Engineer, CA 147213 Sandra Schmitz, PE Professional Civil Engineer, CA i 093448 Professional Civil Engineer (CA) 050505 Certified Access Specialist I CASp-367 Rill Tewfiik, PE, CASA ICC Certified Building Official 1863979 ICC Plans Examiner 863979 ICC Building Inspector 1863979 ICC Accessibility Inspector/Plans Examiner 5111273 ICC Building Inspector 15111273 ICC Building Plans Examiner 15111273 ICC Commercial Building Inspector 15111273 Mark Hankinson, IGG ICC Commercial Plumbing Inspector 15111273 ICC/RACE Property Maintenance & Housing Inspector 15111273 ICC Plumbing Inspector 15111273 ICC Residential Building Inspector 15111273 ICC Residential Mechanical Inspector 15111273 ICC Residential Plumbing Inspector 15111273 Interwest Consulting Group I wwvv.intervtvestgrp.com Page 184 Page 272 Tom Campbell, PE, CBO Registered Civil Engineer, CA 137948 ]CC Certified Building Official Sal Kaddorah, PE Professional Civil Engineer, CA 143757 Registered Civil Engineer, CAI 48893 Terence Chan, PE California General Contractor (1990) California Real Estate Broker (1991) [CC Building Official 15009643 [CC Building Code Official 15009643 ICBG/ECC Building Inspector )5009643 ICBG/ICC Plumbing Inspector 15009643 Van Wilfinger, CBO ICBG/ICC Electrical Inspector 15009643 ICBO/ICC Mechanical Inspector 15009643 ICBO/ICC Plans Examiner 15009643 ECC Combination lnspector15009643 Post -Disaster Safety Assessment 15009643 ICC Certified Building Official 10822420 -CB ICC Residential Plans Examiner 10822420-R1 ICC Combination Inspector 10822420-50 Gil Pefris, CBO ICC Building Inspector 10822420-10 ICC Electrical Inspector 10822420 -ES ICC Mechanical Inspector 1082242-0-44 ICC Plumbing Inspector 10822420-30 ICC Combination Dwelling Inspector ( 0822420-56 Professional Engineer, CA C31619 Professional Engineer, NV 019497 Tony Bormanesh, PE, CBEs, ICBG Certified Building Official 13807 GASP [CC Certified Building Official 1806772 ICC Plans Examiner 18467722 Certified Access Specialist ( CASp-258 ICC Building Plans Examiner 18018477 Annette Mayfield, EIT, ICC, ICC CA Building Plans Examiner 18018477 CASA Certified Access Specialist I CASA -538 Engineer -in -Training i EIT-130173 Hossein Afrouzeh, ME, EE Registered Electrical Engineer, CA 111588 Registered Mechanical Engineer, CA 127117 Professional Fire Protection Engineer 11339 Brian Reilly, ME, PPE Professional Mechanical Engineer 126263 ICC Fire Plans Examiner 11046658 L.EED Accredited Professional, USGBC 5646 Randy Brumley, ME Professional Mechanical Engineer, CA ( M37959 interwest Consulting Group I www.interwestgrp.com Page 16.5 Page 273 Interwest Consulting Group I www.interwestgrp.com Page 166 Page 274 Professional Mechanical Engineer, CA IM026359 Registered ME in 14 States ICC Building Official 1866408 ICC Mechanical Code Official 1866408 ICC Plumbing Code Official 1866408 ICC Building Plans e=xaminer 1866408 ]CC Mechanical Plans Examiner 1866408 Thomas Trimbercger, ME ]CC Plumbing Plans Examiner 1866408 ICC Mechanical Inspector 1866408 ICC Plumbing Inspector 1866408 LEER Accredited Professional Build It Green Certified Green Building Professional Build It Green Greenpoint Rater CABEC Residential & Dion -Residential Certified Energy Plans Examiner Dirk Hofheinz, EE CA Registered Electrical Engineer I EE16365 Chuck Bailey, 10C CA Electrical Contractor] 329557 ]CC Electrical Inspector ( 848422 ICC Building Plans Examiner 18003920 Wayne Webb, )ICC ICC CA Building Plans Examiner ( 8003920 ICC Commercial Electrical Inspector 1800392G ICC Electrical Plans Examiner 18003920 Interwest Consulting Group I www.interwestgrp.com Page 166 Page 274 2. COMPLETE PLAN REVIEW PROCEDURES Today's fast -paced marketplace demands projects flow quickly and smoothly through the regulatory approval process_ We fully understand this critical component. You'll find our people are ready to assist with solutions and recommendations that are specific to your needs. Plan Review Services include the following elements: Plan review project plans, construction documents and revisions in conformance with the applicable state and local codes and amendments. These codes include: the 2016 California Building Code; Title 24 disabled access and energy requirements; 2016 California Fire Code; 2016 California Residential Code; 2016 California Mechanical Code; 2016 California Plumbing Code, 2016 California Electrical Code; 2016 Cal Green Building Code and other City's ordinances and regulations. A Coordination of plan reviews with other City departments or agencies with jurisdiction to ensure all relevant Conditions of Approval are met. • Maintain records related to all plans, calculation and documents received. We will provide, in the City's approved format, a complete list of plan check comments referring to appropriate sheets, details or calculations pages and the code section of concern. Systematically logging/entering status of plan review activities and records. Meet and confer with permit applicants to resolve all outstanding plan review comments and approvingtheir projects. Work with permit counter staff to facilitate the issuance of construction permits for approved documents. x Attend/participate in meetings with other City plan review or inspection staff, property owners, contractors ordesign professionals. • Conduct expedited plan review on an as -needed basis. K Submit accurate and timely reporting on the activities to the City in the approved format. • Pick up all plans within one business day upon notification and deliver back to the City at no cost. A Maintain a high level of customer service to the community. Codex Interpretations Code interpretations are subject to final review and approval by the Building Official and/or City designated staff. lnterwest Consulting Group's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision. All plan review comments are subject to review and approval by the Building Department. Communicating Plan Review Results Plan reviews will consist of written comments. Comments will be returned to the City after each review is completed. Specifically, plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections_ lnterwest Consulting lnierwest Consulting Croup I www.interwestgrp.com Page 157 Page 275 Group will provide a clear, concise, and thorough comment list from which clients, designers, contractors, and owners can work. Comment lists are delivered to our clients and other designated recipients (e.g., designers, contractors, owners) via email, FAX, and/or reliable overland carrier. If requested, Interwest Consulting Group will transmit plan review comments, coordinate re -checks directly to the applicant as required, and return completed plan review documentsto the Cityforfinal approval. Onsite Consultant Services & Meeting Attendance Interwest Consulting Group understands the City may occasionally require the services of an onsite plan reviewer. We will have full-time staff of experienced plan reviewers and licensed architects, structural and civil engineers available to perform on-site plan review when requested. Also, many of our inspection personnel are cross -trained and skilled in performing both front counter and inspection duties as a potential added cost -savings to the City. In addition, staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support forfield inspection personnel as -needed. With some reasonable limitations, pre - construction and pre -design meetings associated with projects that we plan review are considered part of the plan reviewservice. Electronic Plan Check Services Interwest Consulting Group currently provides electronic permitting and plan review services for multiple jurisdictions. All of our offices are equipped with state -of -the art electronic plan review stations. Our staff provides electronic plan review services on behalf public agency building departments for multiple jurisdictions throughout California. Our FTP site and/or cloud -based large document file transfer capabilities are available for the City and the City's clients' use at no charge as part of our plan review services. Plan Review Tracking Method & Billing Process Our staff has experience working with most project tracking databases utilized by building departments. Ourstaff will update electronic records and make project related database entries as directed by the City. In addition to standard phone communication, custom reports can be emailed. Our off-site staff is available during standard business hours to answer questions via phone or email regarding the actual plan check in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls within one business day. All communications will be documented and filed inthe City's project file. Special Projects lnterwest Consulting Group is able to accommodate special project plan check needs such as fast-track, multi -phased, or expedited plan checks. We establish project specific turn -around goals and procedures with jurisdiction staff for these types of projects based on the complexity of the projects as well as the construction schedule. Interwest Consulting Group's staff of engineers, architects, and plans examiners will work with the City as well as with applicants and designers to resolve all plan check issues. our staff will deal directly with applicants and their designers during the plan check process to resolve alll issues. Interwest Consulting Group will furnish assigned personnel with all materials, resources and training Interwest consulting Group I wvvw.interwestgrp.com Page 168 Page 276 necessary to conduct plan checks, including a current copy of the applicable City amendments, policies, procedures and forms. Technical Capabilities The Interwest staff members selected for this project possess significant technical capabilities in all of the requested areas of plan check competence. In addition to the summary below, the individual staff resumes included in the Appendix provide additional information on the firm's capabilities. We will review submitted residential and commercial design documents to ensure compliance to the current adopted editions of the followingcodes, standards and regulations: • Title 24, Parts 2,2.5,3,4,6,8,9, 10, and 11 • Applicable NFPA 13,13R,13D, 24, and 72 • Applicable NFPA20 requirements • Local amendments and policies related to the CFC and CBC • Adopted National Fire Protection Standards California Health and Safety Code Requirements Appropriate listings (CSFM, U.L., etc.) as directed Fire Department Standards as -directed • National Fire Protection Referenced Standards pursuant to the above Codes • Municipal, State or Federal regulations enforced bythe City Interwest Consulting Group's staff of Plans Examiners and Plan Review Engineers will: • Work with the City to complete all plan review assignments within the designated timelines • Work collaboratively with applicants and designers to resolve all plan review issues • Be available to meet with the City personnel to discuss review and project comments if working offsite • Possess all necessary and current licenses and certifications to include, but not limited to, ICC certification as plans examiners. • Have detailed knowledge of the latest applicable Local, State and Federal regulations R Provide a written comment letter that indicates the necessary corrections noted during the plan review Interwest Consulting Group will furnish assigned personnel with all materials; resources and training necessary to conduct plan reviews, including a current copy of applicable the City amendments, Department standards, policies, procedures and forms. We will contact the City's representative with any questions or if alternative arrangements are requested. Fire Code Plan Review Experienced, licensed professional fire protection plans examiners are available to handle your workload. We have proposed staff with vast experience conducting reviews of the following plan types: Fire sprinkler systems with hydraulic calculations, including residential systems and systems designed for the protection of high piled stock Interwest Consulting Group I www.interwestgrp.com Page 169 Page 277 • Standpipe Systems ■ Fire Pumps • Underground watersystems for fire suppression systems • Fire alarm systems, including pre-recorded voice evacuation systems CASA Interwest Consulting Group has Certified Access Specialists (CASp) on staff, knowledgeable of state and federal accessibility laws and regulations and possessing the expertise necessary to promote access to facilities for persons with disabilities. In accordance with newly formed rules and regulations, we will provide a CASp professional to review plans for accessibility as required. We also have CASp certified Building inspectors on staff, as may be needed to evaluate site conditions. Green Building Standards Our staff is familiar with the incorporation of CalGreen building concepts into project designs and its potential impact from the building code. In addition, staff members have participated in the development of various "green" standards for super adobe, rammed earth, and straw bale construction, to name a few. LEED Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations and maintenance solutions. LEED certification consists of a number of different rating systems that apply to many building types—commercial as well as residential and measures how well a building performs across many sustainability metrics including: energy savings, water efficiency, Cot emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. Whether your jurisdiction projects are new construction or renovation, energy efficient roofing, water run-off management and renewable energy are all important points to consider, Interwest Consulting Group helps make it easy. T24 Energy Our engineers and plan checkers are up to date on all US and California Energy requirements as they relate to both new and remodel construction on everything from large commercial projects to small residential additions. ArchiteCtUral Interwest Consulting Group's non-structural plans examiners furnish plan check services for a vast array of projects including large commercial, institutional, industrial, retail, OSHPD 3 medical office buildings, and residential projects. Completed plan check projects range from single -story residential projects to complex high rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current additions of the following model codes: • NFPA Codes& Standards r International Building Code (IBC) Interwest Consulting Group l www.interwestgrp.com Page 170 Page 278 ■ ANSI Standards California Code of Regulations, Title 24, Parts 1through 12 Structural Our structural engineers have experience designing and reviewing projects with virtually all building materials including: • Wood ■ Masonry ■ Concrete A Steel our engineers have designed or reviewed a wide array of structural systems including: FEMAComp[iant Steel Moment Frames X Masonry Shearwall Systems Eccentric Braced Frames . Concrete S hearwall Systems Concentric Braced Frames K Cantilevered Column Systems x Concrete Moment Frames X Pre-Stressed/Post-Tensioned Concrete • Wood Shearwall Systems K Buckling Restrained Braced Frames Energy Dissipation Systems Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of: ■ International Building Cotte (IBC) X ACI • ASCE 7-10 FEMA 350, 351, 353 ■ NEHRP X ANSI/AF& PA NDS • AISC 341 & 360 * Title 24, California Code of Regulations (CCR) Electrical, Plumbing & Mechanical interwest staff is well versed in the California Mechanical, California Plumbing and the California Electrical codes. We review submitted design documents to ensure compliance with the City codes. We have made the transition to the newly adopted codes and currently review for those codes as required. All staff is licensed and/or certified in the State of California as well as personnel who hold multiple licenses across many states. We will review submitted design documents to ensure compliance to the 2016 edition of the following codes: California Building Code ■ California Mechanical Code California Plumbing Code ■ California Electrical Code other review services are provided based on 2016 editions of local or national standards such as: • international Building Code w NFPA 14 (standpipes) • International Residential Code x NFPA20 (fire pumps) ■ International Mechanical Code A NFPA 99 (medical gases, etc.) ■ International Plumbing Code U NFPA 101 Life Safety Code • NFPA 13 (automatic fire sprinklersystems) V FEMA& NEHRP Requirements for Existing Bldgs. Interwest Consulting Group i www.interwestgrp.cam Page 171 Page 279 Storrnwater/Standard Urban Stormwater Mitigation Plan (SUSMP) Interwest staff possesses the necessary training and certification to conduct required reviews of stormwater plans and reports on development projects. If requested, M54 permit requirements and local city stormwater standards will be incorporated as part of the standard review process and required documentation will be produced and maintained in a manner consistent with the City's annual stormwater reporting requirements. WORK PLAN Upon receipt of all assigned projects, our staff performs an initial triage to verify the completeness of the submittal, that at[ information necessary for plan review has been included, and that all items identified on the transmittal have been received. Upon completion of our triage, the project is entered into our electronic plan tracking database, appropriate plans examiners are assigned, along with a completion date per our agreement with the client. The Project is assigned a unique tracking number, which is coordinated with the City's permit application number foruse of tracking and identifiication. Our plan review philosophy is not to simple utilize plan review correction/checklists, but rather our plans examiners review the submitted docurnents to understand the proposed scope of work and review for compliance with applicable building codes and standards. At completion of our plan review, our plans examiners will utilize a pre -formatted plan review correction list as a consistency check to be sure no important code compliance items have been overlooked_ It is our experience that a more thorough and project -specific plan review is performed utilizing the process described in the paragraph above rather than by simply circling items on a list or copying and pasting pre -formatted, generic plan review comments onto a_correction list. Our process of utilizing the abilities of our plans examiners to read and understand building plans, structural calculations, energy compliance documentation, and other permit documents, coupled with a detailed knowledge of building code requirements ensures that -the plan reviews we perform are comprehensive, detailed, and specific to the assigned project. At the completion of the initial review a clear, well-written plan review letter with comments segregated by discipline is transmitted to the project applicant and other designated recipients. All plan review letters include contact information for each plans examiner who reviewed the project, including email addresses and telephone numbers, allowing project proponents the ability to efficiently contact our plan review staff to discuss any areas of concern or propose methods for code compliance. Subsequent reviews upon receipt are logged in in a manner similar to that described in the manner above and assigned to the same plans examiners that performed the initial review for back -check review. Upon successful completion of the plans examination process, the cover sheet is stamped with our approval stamp and all approved plan sheets are stamped with our company state stamp which clarifies which documents were reviewed and approved by Interwest Consulting Group. The cover page of structural calculations, energy compliance, and other reviewed submittal documents are also stamped with our approval stamp. A final review letter is then generated and included with the approved project Interwest Gonsuiting Group I wwwAnterwestgrp.com Page 172 Page 280 plans and serves as our transmittal and acknowledgement that we have reviewed and accepted the project documents as being code compliant. The approved plans, final transmittal letter, and other supporting documentation is then packaged and shipped via overnight courier directly to the City at no cost to the City. SAMPLE PLAN REVIEW CHECKLISTS on the following pages, is a partial sampling of a typical pian review list utilized by our staff to confirm that no aspect of the review as it related to code compliance has been overlooked. A complete fifty (50) page code of our plan review list is available upon request. interwest Consulting Group I www.interwestgrp.com Page 173 Page 281 Flan Check Comments Date: Permit #: Interwest #: Project Address: Project: Review #1 Checked By: Plan Checker Phone # email@interwestgrp.com 2016 California Codes The plans, as submitted, are incomplete for review. Some of the following comments are general in nature and the list is not all-inclusive. Additional comments may be forthcoming, once a complete set of plans has been submitted for review. Your plans may be in concurrent review with City PIanning, Public Works, and Water Department. Building & Safety may require additional changes, clarifications or corrections as a result of these additional reviews. General Provide a code analysis on the cover sheet of the plans stating: type of construction, occupancy, number of stories, existing living and garage floor areas, floor areas of all additions, and whether or not fire sprinklers are installed. (IRI 06.1.1 CRC) 2. Revise notes on plans to shove compliance with the 2016 Editions of the California Residential Code (if applicable), California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code, California Energy Code, California Green Building Standards Code, and Jurisdiction Municipal Code. 3. The construction documents shall be prepared, stamped, signed and dated by a California Registered Engineer or Architect. (RI 06A CRC) 4. The California Business and Professions Code 5536.1 requires all persons preparing or being in responsible control of plans shall sign those plans. 5. The designer shall sign and date each sheet of the plans. 6. The plans shall be of sufficient clarity to indicate the location, nature and extent of the work proposed. (2016 Code) Page 175 Page 282 7. Provide the address on each sheet of the plans. (107.2.1 CBC, R106.1.1 CRC) 8. Provide a site plan. (R106.2 CRC, 107.2.5 CBC) 9. Show % usage of total area = building area 1 lot area 10. The construction documents submitted shall be clear and readable and provide a site plan that is drawn to scale showing: new and existing structures on the property, walls and fences, active or abandon oil wells, active or abandon septic systems, dimensions between all structures, dimensions to all property lines, streets, easements and finish grades. Show slopes indicating full height of the slope, structural setback line plotted on the plans, dimensions from top or bottom of the slope to all structures, exact location of slope toe or top of slope, grade of slope. (R106.2 CRC) 11. The index on the plans does not show all the sheets. 12. Provide a sheet index on the plans showing all the sheets. 13. Each set of the plans shall be bound together. 14. For clarity, provide two clear floor plans: one for the existing structure and one for the proposed. Show if there will be a step between the existing and new proposed floor plan. 15. Deferred submittals are not allowed for any for any element of a single family dwelling except fire sprinklers. All building elements shall be submitted and reviewed as a part of the plan review process prior to any permit issuance. Remove any reference to deferred submittals from the plans, 16. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches within the first 10 feet. (R401.3 CRC) 17. Show the grade plane on all building elevations as defined in CRC Section 8202. 18, Applications for which no permit is issued within 180 days following the date of application shall automatically expire. (R105.3.2 CRC) Note on plans. 19. Every permit issued shall become invalid unless work authorized is commenced within 180 days after its issuance or if the work authorized is suspended or abandoned for a period of '180 days. A successful inspection must be obtained within 180 days. Note on plans. (R105.5 CRC) 20. The following forms must be completed and provided to the inspector in the field by the time of final inspection. These forms can be found online or can be picked up at the Building & Safety Division counter at City Hail. a. Construction Waste Management form re uired for all promects . if a company other than one of the approved haulers listed on the form will be used, or if no construction waste is expected to be generated, additional information may be required by the inspector in the field. b. Smoke Detector & Carbon Monoxide Alarm Self -Certification form (if applicable — plan check comments will indicate if this form is required). (2016 Code) Page 176 Page 283 Garages/Carports 21. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Revise the plans. (R302.5.1 CRC) 22. Garage andfor carport shall be separated from the dwelling unit by a vertical wall from the slab through the attic to the roof sheathing with minimum 1/2" gypsum board on the garage side. Show on plans. (Table R302.6 CRC) EXCEPTION. A separation is not required between a carport and the dwelling provided the carport is open on two or more sides and there are not enclosed areas above. 23. Garages beneath habitable rooms above shall be separated by 518" gypsum board on the garage side. Show on plans. (Table R302.6 CRC) 24. Structures supporting floor/ceiling assemblies in a garage or carport (columns or beams in the garage) shall have not less than Y2" gypsum board protection. (Table R302.6 CRC) 25. Garages located less than 3 feet from a dwelling on the same lot shall have not less than '/" gypsum board applied to the interior side of all exterior walls that are within that area. (Table R302.6 CRC) 26. Door openings between a private garage and the dwelling unit shall be either a solid wood door or a solid or honeycomb core steel door not less than 1 318" thick and self- closing and self -latching. The door may also be a 20 minute rated assembly. Show on plans. (R302.5.1 CRC) EXCEPTION: Where the dwellings and garage are protected by an automatic fire sprinkler system the door need only be self -closing -and self latching. 27. Garage floors shall be of noncombustible material. The area of the floor used for parking of vehicles shall be sloped to drain toward the main vehicle entry door. (R309.1 CRC) 28. Carports shall be open on at least two sides. Carports not open on at least two sides shall be considered a garage and shall comply with the provisions for garages. (R309.2 CRC) 29. Carport floor surfaces shall be of noncombustible material or asphalt. The area of the floor used for parking of vehicles shall be sloped to drain toward the main vehicle entry. (R309.2 CRC) 30. Ducts penetrating wall or ceiling separations between a garage and a dwelling unit shall be constructed of minimum 26 gage sheet metal and shall have no openings into the garage. Show on plans. (R302.5.2 CRC) 31. Automatic garage door openers, if provided, shall be listed and labeled in accordance with UL325. (R309.4 CRC) 32. Newly constructed one- and two-family dwellings and townhouses with attached private garages shall comply with Electric Vehicle (EV) infrastructure requirements in accordance with the California Green Building Standards Code Chapter 4, Division 4.1. (R309.8 CRC) (2016 Code) Page 177 Page 284 Stairs & Ramps 33. Enclosed accessible space under stairs shall have walls, under -stair surface and soffits protected by'/" gypsum board. Show on the plans. (R302.7 CRC) 34. detail stairways on plans: a. Minimum stairway width shall be not less than 36". (R311.7.1 CRC) b. Handrails shall not project more than 4.5" on either side of the stairway. The clear stairway width at and below the handrail shall be 31 '/2" where a handrail is installed on one side and 27" where handrails are instalied on both sides. (R311.7.1 CRC) c. Minimum clear headroom above nose of stair treads shall be 6-8". (R311.7.2 CRC) d. Maximum stair riser height shall be 7.75". (R311.7.5.1 CRC) e. Minimum stair tread run shall be 10". (R311.7.4.2 CRC) f. Winder stairs shall have a walkline located 12" from the narrow side of the stairs. The tread depth shall be 10" at the walkline and a minimum depth of 6" at any point. (R311.7.4& R311.7.5.2.1 CRC) g. Provide a landing at the top and bottom of all stairs. Landing shall not be less than the stair width. EXCEPTION: A floor or landing is not required at the top of an interior stairway, provided a door does not swing over the stairs. (R311.7.6 CRC) h. The landing shall have a minimum dimension of 36" measured in the direction of travel. (8311.7.6 CRC) L A flight of stairs shall not have a " between floor levels or landings greater than 147 inches. (R311.7.3 CRC) 35. Provide a stairway cross-section showing minimum clear headroom of 6-8". (R311.7.2 CRC) 36. Stairways shall have handrails on at least one side of the stairway. (R311.7.8 CRC) EXCEPTION: stairs with fewer than four risers do not require handrails. 37. Handrails shall be between 34" and 38" above the nosing of the treads. (R311.7.8.1 CRC) a. Handrails (Type 1) shall be at least 1.25" and not more than 2" outside diameter. If handrail is not circular, it shall have a perimeter dimension of at least 4" and not greater than 6.25" and a maximum cross-sectional dimension of 2.25". (8311.7.8.3 CRC) b. Handrails (Type Il) with a perimeter greater than 6'/4" shall have a graspable finger recess area on both sides of the profile. Recesses shall begin within 3/" from the tallest portion of the profile and be at least 5116" deep within7l8" below the widest -portion of the profile. This required depth shall continue for at least 318" to a level that is not less than 1 1/" below the tallest portion of the profile. The minimum width above the recess shall be 1 j/4" to 2/4". (R311.7.8.3 CRC) 38. Provide complete details for spiral stairway on the plans: (R311.7.10.1 CRC) a. Minimum clear width at and below the handrail shall be 26". b. Each tread shall have a 6'/2" minimum tread depth at the walkline. c. All treads shall be identical, d. Stair rise shall be no more than 9 1/2". e. Minimum headroom of 6'-6" shall be provided. (203.6 Code) Page 178 Page 285 Walkline radius not greater than 24'/ inches. 39. Provide complete details for guards on plans: a. Open sides of walking surfaces, stairways, landings located more than 30" above the floor or grade below at any point within 36" measured horizontally shall have a minimum 42" high guard. EXCEPTION. Guard on the open sides of stairways may be 34" to 38" high. (8312.1 & R312.2 CRC) b. Open guards shall have not have openings that allow passage of a 4 -inch diameter sphere. EXCEPTION: Openings for required guards on the sides of stair treads shall not allow a sphere of 4 318" to pass through. (R312.1.3 CRC) 40. The triangular space formed by the riser, tread and bottom rail at the open side of stairways shall be of a maximum size such that a sphere of 6" diameter cannot pass through. (R312.1.3 CRC) 41. Interior stairways shall be provided with an artificial light source to illuminate the landings and treads. The light source shall be capable of illuminating treads and landings to levels of not less than 1 foot-candle (11 lux) as measured at the center of treads and landings. There shall be a wall switch at each floor level to control the light source where the stairway has six or more risers. EXCEPTION: A switch is not required where remote, central or automatic control of lighting is provided. (R303.7 CRC) 42. Exterior stairways shall be provided with an artificial light source located at the top landing of the stairway. Exterior stairways providing access to a basement from the outdoor grade level shall be provided with an artificial light source located at the bottom landing of the stairway. (R303.8 CRC) 43. Note on plans not to overcut stringers. [applicable at wooden stringers notched to accommodate treads] 44. f=ire blocking must be provided in concealed spaces between stair stringers at the top and bottom of the run and between studs along and in line with the run of stairs if the wall under the stairs is unfinished. (R302.11 CRC) 45. Provide details on the plans for distribution of the tributary lateral design forces around the floor diaphragms adjacent to the stairwell openings. 46. Ramps serving the egress door shall have a slope of not more than 1:12 (8.3%). All other ramps shall have a maximum slope of 1:8 (12,5%). (R311.8 CRC) Interior 47. Provide at least one side -hinged door with clear width of 32" and a clear height of 78". Show on plans_ (R311.2 CRC) 48. Minimum hallway width shall be not less than 3 feet. Revise plans. (R311.6 CRC) 49. In dwelling units, where the top of the sill of an operable window opening is located less than 24 inches above the finished floor and greater than 72 inches above the finished (2016 Code) Page 179 Page 286 grade or other surface below on the exterior of the building, the operable window shall comply with one of the following; (R312.2,1 CRC) a. Operable windows with openings that will not allow a 4-inch-diamter sphere to pass through the opening where the opening is in its largest opened position. b. Operable windows that are provided with window fall prevention devices that comply with ASTM F2090. c. Operable windows that are provided with window opening control devices that comply with CRC Section R312.22 50. Basements, habitable attics, and every sleeping room shall have not less than one operable emergency escape and rescue opening. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. 51. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. 52. Escape and rescue openings shall have the following minimum dimensions: a. A net clear opening of not less than 5.7 square feet. EXCEPTION: Grade floor or below grade openings shall have a net clear opening of not less than 5 square feet. b. The net clear height shall be not less than 24 inches. c. The net clear width shall be not less than 20 inches. The net clear opening dimensions required shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. 53. Emergency escape and rescue openings shall be maintained free of any obstructions other than those allowed by the code and shall be operational from the inside of the room without the use of keys, tool, or special knowledge. Window opening control devices complying with ASTM F2090 shall be permitted for use on windows serving as a required emergency escape and rescue opening. (8310.1.1 CRC) 54. Where a window is provided as the emergency escape and rescue opening, it shall have the bottom of the clear opening not greater than 44 inches measured from the floor. Show the sill height on the plan or elevation. [if modifying room to remove window, ensure other windows comply with egress requirements) 55. Where the sill height of an emergency escape and rescue opening is below grade, it shall be provided with a window well in accordance with R310.2.3. 56. Ali habitable rooms shall have an aggregate glazing area of not less than 8% of the floor area of the room. Natural ventilation shall be through windows, skylights, doors, louvers or other approved openings to the outdoor air. The minimum openable area to the outdoors shall be 4% of the floor area being ventilated. (R303.1 CRC) EXCEPTIONS: L The glazed area need not be openable where the opening is not required for emergency egress and mechanical ventilation capable of producing 0.35 air changes per hour in the room is installed or a whole house mechanical system is installed capable of supplying outdoor ventilation air of 15 cfm per occupant computed based on two occupants for the first bedroom and one occupant for each additional bedroom. ii. Glazed areas need not be installed in rooms where Exception (i) above is (2016 Code) Page 180 Page 287 satisfied and artificial light is provided capable of producing 6 foot -candies over the area of the room at a height of 30 inches above the floor level. iii. Use of sunrooms and patio covers shall be permitted for natural ventilation if in excess of 40% of the exterior sunroom or patio cover walls are open or enclosed only by insect screening. 57. For the purpose of determining light and ventilation, any room shall be considered as a portion of an adjoining room when at least 50% of the area of the common wall is open and unobstructed and provides an opening of, not less than 10% of the floor area of the interior room but not less than 25 sq. ft. (R303.2 CRC) EXCEPTION: Openings required for light and ventilation shall be permitted into sunrooms and patio covers provided there is an openable area between the adjoining room and the sunroom or patio cover not less than 10% of the floor area of the interior room but not less than 20 sq .ft. The minimum openable area to the outdoors shall be based on the total floor area being ventilated. 58. Bathrooms, water closet compartments and other similar rooms shall be provided with glazed area in windows of not less than 3 sq -ft., one half shall be openable. (R303.3 CRC) EXCEPTION: Glazed area shall not be required where artificial light and mechanical ventilation are provided. Minimum ventilation rates shall be 50 cfm for intermittent ventilation and 25 cfm of continuous ventilation and vented directly to the outside. 59. Required glazed openings shall open directly onto a street or public alley, yard or court located on the same lot. (R303.8 CRC) EXCEPTIONS: a. Required glazed openings may face into a roofed porch where the porch abuts a street, court or yard and the longer side of the porch is at least 65% unobstructed and the ceiling height is not less than 7ft. b. Required glazed openings may face into an area under a deck, balcony, bay or floor cantilever provided a clear vertical space at least 36" high is provided. 60. Required glazed openings shall be permitted to open into sunrooms or patio covers if in excess of 40% of the exterior walls are open or enclosed only by insect screening and the ceiling height is not less than 7ft. (8303.8.1 CRC) 61. Habitable space, hallways and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet. Bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches. EXCEPTIONS: a. For rooms with sloped ceilings, the required floor area of the room shall have a ceiling height of not less than 5 feet and not less than 50% of the required floor area shall have a ceiling height of not less than 7 feet. b. The ceiling height above bathroom and toilet room fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a ceiling height of not less than 6 feet 8 inches above an area of not less than 30 inches by 30 inches at the showerhead. c. Beams, girders, ducts or other obstructions in basements, containing habitable space shall be permitted to project to within 6 feet 4 incites of the finished floor. 62. Portions of basements that do not contain habitable space or hallways shall have a ceiling height of not less than 6'-8". Beams, girders, ducts or other obstructions may (2016 Code) Page 161 Page 288 project to within 6'-4" of the floor. (R3©5.1.1 CRC) 63. Habitable rooms shall have a net floor area of not less than 70 sq.ft., except kitchens. (R304.1 CRC) 64. Habitable rooms shall not be less than 7ft in any horizontal dimension, except kitchens. (R304.2 CRC) 65. Portions of a room with a sloping ceiling measuring less than Eft or a furred ceiling measuring less than 7ft shall not be considered as contributing to the minimum required habitable area for that room. (8304.3 CRC) 66. Bathtub and shower floors and walls above bathtubs with showers and shower compartments shall be flnished with a nonabsorbent surface to a height of 6ft above the floor. (R307.2 CRC) Note on plans. 67. Egress shall not pass through kitchens, storage rooms, closets, or spaces used for similar purposes. (1014.2 CBC) 68. Add note to the window schedule: The load resistance of glass under uniform bad shall be determined in accordance with ASTM E1300. 69. Provide and detail draftstops in concealed space of a floor/ceiling assembly so that the area of the concealed space does not exceed 1000 sq.ft. and divide the concealed space into approximately equal areas. (R302.12, R502.12 CRC) 70. Sunrooms shall comply with AAMA/NPEAINSA 2100 and shall be identified as one of the following categories in the construction documents: (R301.2.1.1.1 CRC) a. Cates: A thermally isolated sunroom with walls that are enclosed with inset screening or 0.5 mm (20 mil) maximum thickness plastic film. The space is nonhabitable and unconditioned. b. Category Il: A thermally isolated sunroom with enclosed walls. The openings are enclosed with translucent or transparent plastic or glass. The space is nonhabitable and unconditioned. c. Category lll: A thermally isolated sunroom with enclosed walls. The openings are enclosed with translucent or transparent plastic or glass. The sunroom fenestration complies with additional requirements for air infiltration resistance and water penetration resistance. The space is nonhabitabfe and unconditioned. d. Cate o IV: A thermally isolated sunroom with enclosed walls. The sunroom is designed to be heated or cooled by a separate temperature control or system and is thermally isolated from the primary structure. The sunroom fenestration complies with additional requirements for water penetration resistance, air infiltration resistance, and thermal performance. The space is nonhabitable and conditioned. e. Cate o V: A sunroom with enclosed walls. The sunroorn is designed to be heated or cooled and is open to the main structure. The sunroom fenestration complies with additional requirements for water penetration resistance, air infiltration resistance, and thermal performance. The space is habitable and conditioned. 71. Mezzanines (lofts) shall comply with the following requirements: (R325 CRC) a. The clear height above and below mezzanine floor construction shall be not less (2016 Code) Page 182 Page 289 than 7 feet. b. The aggregate area of a mezzanine shall be not greater than 1/3 of the floor area of the room or space in which they are located. The enclosed portion of a room shall not be included in a determination of the floor area of the room in which the mezzanine is located. c. Mezzanines shall be open and unobstructed to the room in which they are located except for walls not more than 42 inches in height, columns, and posts. EXCEPTIONS: i. Mezzanines or portions thereof are not required to be open to the room in which they are located, provided that the aggregate floor area of the enclosed space is not greater than 10% of the mezzanine area. fl. in buildings that are no more than two stories and equipped throughout with an automatic sprinkler system, a mezzanine is not required to be open to the room in which the mezzanine is located. Smoke alarm/CO2 72. When alterations, repairs, or additions requiring a permit occur, or where one or more sleeping rooms are added or created in existing dwellings, provide smoke alarms at the following locations. (R314.2,2, R314.3 CRC) Show smoke alarms on plans or complete attached self -certification form and return with resubmittal. a. In each sleeping room. b. Outside each separate sleeping area in the immediate vicinity of the bedrooms. c. On each additional story of the swelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. d. In split levels without an intervening door between adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. 73. Smoke alarms shall be installed not less than 3 feet horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by CRC Section R314.3. (R314.3(4) CRC) 74_ Provide the following smoke alarm notes on the pians: (R314.4, R314.5, R314.6 CRC) a. Smoke alarms shall be tested and maintained in accordance with the manufacturer's instructions. Smoke alarms that no longer function shall be replaced. b. Smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all alarms. EXCEPTIONS: i. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure. ii. Smoke alarms are not required to be interconnected where repairs or alterations are limited to the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck. c. Combination smoke and carbon monoxide alarms shall be permitted to be used in lieu of smoke alarms. d. Smoke alarms shall receive their primary power from the building wiring and be equipped with a battery backup. EXCEPTIONS: L Smoke alarms are permitted to be solely battery operated in existing areas of (2016 Code) Page 183 Page 290 buildings undergoing alterations or repairs that do not result in the removal of Interior walls or ceiling finishes exposing the structure. ii. Smoke alarms are permitted to be solely batter operated where repairs or alterations are limited to the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a orch or deck. 75. Smoke alarms are not permitted in the following locations: (CRC R314.3.3 & NFPA 72 Section 29.8.3.4) a. Where ambient conditions, including humidity and temperature, are outside the limits specified by the manufacturer's published instructions. b. Within unfinished attics or garages or in other spaces where temperatures can fall below 407 or exceed 1 QO°F. c. Less than 20 feet horizontal distance from a permanently installed cooking appliance. d. Less than 3 feet horizontal distance from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by other sections of the code. e. Within a 36 inch horizontal path from the supply registers of a forced air heating or cooling system and shall be installed outside of the direct airflow from those registers. f. Within a 36 inch horizontal path from the tip of the blade of a ceiling -suspended (paddle) fan 76. A carbon monoxide alarm shall be installed in dwelling units in existing buildings and new construction where either or both of the following conditions are met: (R3152.1 CRCO a. The dwelling unit contains a fuel -fired appliance or fireplace. b. The dwelling unit has an attached garage with an opening that communicated directly with the dwelling unit. 77. Where an addition is made to an existing dwelling, or a fuel -burning heater, appliance, or fireplace is added to an existing dwelling, not previously required to be prodded with carbon monoxide alarms, new carbon monoxide alarms shall be installed in accordance with CRC Section 315. (R315.2.2 CRC) Show smoke alarms on plans or complete attached self -certification form and return with resubmittal. 78. Provide carbon monoxide alarms at the following locations: (R315.3 CRC) a. Outside of each separate sleeping area in the immediate vicinity of the bedrooms. b. On every occupiable level of a dwelling unit, including basements. c. Were a fuel -burning appliance is located in a bedroom or its attached bathroom, a carbon monoxide alarm shall be located within the bedroom. **THE PRECEDING PAGES ARE ONLY THE FIRST 10 PAGES OF A 50 PAGE CHECKLIST DOCUMENT. THE COMPLETE DOCUMENT IS AVAILABLE UPON REQUEST (203.6 Code) Page 184 Page 291 3. ADDRESSING UNFORESEEN HIGH WOaKLOAD S Interwest employs more than 300 professionals, highly experienced in serving municipalities in California. During periods of unforeseen high workloads that surpass the capacity of our dedicated staff located in our Huntington Beach office, we are able to distribute work to staff located in our other offices without lengthening our turnaround times and at no additional cost to the City. All staff is subject to the approval of the City and will possess credentials commensurate to those named in this proposal. The following office locations all possess staff that can be called upon in times of high demand. NORTHERN CALIFORNIA 9300 W. Stockton Blvd., Suite 105 Elk Grave, CA 95758 916.683.3340 Office 1613 Santa Clara Drive, Suite 100 Roseville, CA 95661 916.781.6600 Office 6280 W. Las Positas Blvd., Suite 220 Pleasanton, CA 94588 925.462.1114 Office CENTRAL CALIFORNIA 1171 VV. Shaw Avenue, Suite 102 Fresno, CA 93711 559.201.6381 Office SOUTHERN CALIFORNIA 15140 Transistor Lane Huntington Beach, CA 92649 714.899.9039 Office 1500 S. Haven Avenue, Ste. 220 Ontario, CA 91761 909.705.5957 Office 9519 Chamberlain Street Ventura, CA 93004 805.659.0017 Office 431 S. Palm Canyon Drive, Suite 200 Palm Springs, CA 92262 760.417 4329 Office 4. AVAILABILITY OF PLAN REVIEW STAFF Plan review staff from each discipline will be avai table to take and return calls and emails during City work hours. Missed callswill be returned within 24 hours. lnterwest Consulting Group I wwvvJr;terwestgrp.com Page 185 Page 292 S. AFFILIATIONS Education and certification are at the very core of our company. We encourage staff to participate in and contribute to the many associations important to the industry, knowing technical excellence and proficiency is vital to public service. Attendance at specialized training classes, update seminars and industry -related conferences are all part of the Interwest dedication to growing our people to be the best Many of ourstaff provide training and hold or have held key positions within the groups listed below_ Page 293 Past President of San Joaquin ICC Chapter of Building Officials Vice president of Napa Solano ICC Chapter Ron Beehler, SE, CBO Member of Orange Empire ]CC Chapter Member of Citrus Belt ICC Chapter Member of CALBO Multiple Term Board of Director Member forthe Sacramento Valley Association of Building Officials Roger Peterson, SE Structural Engineers Association (SEAONC) Tilt Rodgers, SE Structural Engineers Association (SEAONC) Structural Engineers Association of Central California (SEAOCC) - Current Program Chair - Past President John Weninger, SE - Board of Directors - Convention Chair 2003 - Technical Chair 2011 - Secretary - Treasurer American Society of Civil Engineers Sandra Schmitz, PE Adjunct Professor of Architecture, California Baptist University, Riverside, CA -August 2015 - Present Past employee of the International Code Council Tom Campbell, PE, CBO Past educator for the International Conference of Building Officials Gil Pefris, CBO Member of the ]CC Citrus Belt Chapter Van Wilfinger, 0130 CALBO Emergency Preparedness Committee Member Brian Reilly, ME, FPE International Code Council Society of Fire Protection Engineers Sacramento Valley Association of Building officials Thomas Trimberger, ME (SVABO) California Building standards Commission (CBSC) California Association of Building Officials (CALBO) Board Member, Plumbing and Solar/Alternative Wayne Webb, [CC Energies Advisory Board, College of the Canyons, Santa Clarita, CA interwest Consulting Croup l www.interwestgrp.com Page ] 86 Page 293 6. ESTIMATED TURNAROUND TIMES We propose the plan review timeframes shown in the table below. We are aware of the City's policy of completing reviews on first submittals in 10 working days and resubmittals in S working days, We consistently complete plan reviews within these timeframes orsooner! We work hard to accommodate any turn -around schedule desired by the jurisdiction. Multi -disciplinary reviews are typically performed in our offices but we are available for onsite work when required and whenever possible. We can furnish the following tiered turnaround for most common projects. More complex or unusual projects may need a review and an agreed upon adjustment: Interwest Consulting Group I www.ii-iterwestgrp.com Page 167 Page 294 a) Initial check loworkingdays b) Recheck 5working days c) Plan Change 5workingdays d) Single Family Dwellings Initial: 7 working days Recheck: 5 working days e) Apartments Initial: 10workingdays Recheck: 5 working days f) Tenant improvements Initial: 7 workingdays Recheck:5 working days g) Commercial/Industrial Initial:10work' ngdays Recheck: 5 working days Interwest Consulting Group I www.ii-iterwestgrp.com Page 167 Page 294 EXHIBIT B SCHEDULE OF PERFORMANCE PSA ii°iih Professrona! Liabifl(rInsurance (non -design) Lost Revised. 10102113 "Al Page 16 Page 295 City of Rancho Cucamonga Request for Proposals ("RFP") and Statement of Qualifications ("50Q!") #17/18-006 for Annual Plan Review Services On An As Needed Basis "EXHIBIT H„ PLAN REVIEW FEES Vendors must complete the following fee table, failure to comply may disqualify your response. Description initial Plan Check Review EA. *65%oftheCity'sPlan Check Fee Plan Review Fee for Repetitive Track Homes 1 EA. 65% of the City's Plan Check Fee or hourly as agreed upon Recheck #1 1 EA, K Recheck #2 1 EA Recheck ##3 1 EA. Plan Delivery Charge 1 EA. No Charge Other Fees Please specify} See hourly rates on the roLowingpage 'Stated percentage of "fees for plan review includes initial plan review and three (3) rechecks. Any subsequent reviews will be charged at the hourly rates specified on the following page. Submittals Due July 11, 2017, by 9;00 a.m. lr�d%�i?6+'of 27 Page 296 ADDITIONAL FEES PLAN REVIEW SERVICES For complete plan review services for building projects we propose a fee equal to 65% of the pian review fee charged by the city utilizing the duly adopted fee schedule for Building & Fire plan review. For structural only reviews, we propose a fee equal to 40% of the plan review fee charged by the city utilizing the appropriate duly adopted fee schedule for the specific plan review project. For partial reviews such as geotechnical only, preliminary reviews, or others, we propose to negotiate a mutually agreeable fee based on the specific project at hand, Or at time of contract. There is no charge for courier or shipping services. For expedited or fast-track projects, we propose a fee of 150% of the above noted fees contingent upon the availability of staff to perform the plan review. SCHEDULE OF HOURLY BILLING RATES CLASSIFICATION HOURLY BILLING RATE Plan Review Engineer......................................................................$125 Senior Plans Examiner.........................................................................95 Building Inspector..........................................................................75-95 CASp....................................................................................................95 Rates are typically reviewed yearly on July 1 after the first anniversary and may be subject to revision unless under specific contract obligations. Mileage performing City duties reimbursable at IRS automobile mileage rate. Page 169 Page 297 Attachment A -w- Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TYid- VELERS J POLICY t•€UMBER. WORKERS COMPENSATION ANO EMPLOYEpS LIAStLITY POLICY ENDORSEMENT VAC 00 03 13 (00) -01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have th0 right to recover our payments from anyone liable for an injury covered by this polley. We vwlll not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform worts under a written contract that requires you to obtain this agreement from us) This agreement shall not operate directly or Indlrectty to benefit any one not named in She Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cuca>nonga, its officers, officials, e>nployees, designated volruiteers and agents serving as independent contractors in the role of City or DESIGMATED ORGANIZATION., PSA midr Pf•ofessional Liabili(y, Instu•ance ()ion -design) Last Revised: 10/02/13 f'eudo—t�i'h liais Page Is Page 298 POLICY NUMBER: Attachment E --- Sample Additional Insured for On-going Projects COMMERCIAL GENERAL LIABILI T Y 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 Or anizationfs : 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 Il — 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 behafF; in the performance of your ongoing operations for the additional insured(s) at the locations) desig- nated above. CG 20 10 07 04 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. O ISO Properties, Inc., 2004 PSA with Professional LiabililvInsurance (non -design) Last Revised: 10102113 Page 1 of 1 0 _a i endar lnWals Page 19 Page 299 ADDENDUM NO. 001 to Professional Services Agreement Whereas: Interwest Consulting Group (hereinafter "Contractor") and the City of Rancho Cucamonga (hereinafter the "City") intend to enter into a Professional Services Agreement (hereinafter "Agreement"), and Whereas; The City has identified the following exceptions to the Agreement-, 1) Section 6, Consultant Personnel, Subsection 6.5 shall be added as follows. The Consultant shall provide the City notice if any of its employees or its subcontractors and/or subcontractors' employees that are proposed to provide professional consultant services are retirees from or current nzenibers of the California Public Employees' Retirement System (CalPERS). It is City Practice to decline the services of employees of Contractors who are CalPERS retirees or current members of CaIPERS on any City Project. In addition, Consultant's employees or subcontractors' employees providing professional consultant services shall work no more than 960 total hours in a fiscal year (July 1 -June 30) cornbi ied for the City and other CaIPERS agencies. 2) Section 6, Consultant Personnel, Subsection 6.6 shall be added as follows: In the event that Consultant or any employee, agent, or subcontractor of Consultant or the subcontractor's employee, providing services under this Contract, is determined by a court of competent jurisdiction or staff of CalPERS, an Administrative Law Judge or the CaIPERS Board of Administration to be eligible for enrollment as a member in CalPERS as an employee of the City, or by any other state or federal agency to be an employee of the City under any circumstances, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions demanded by CalPERS, payrnerxt of any penalties and interest on such contributions, as well as payment of any damages, wages, assessments, awards, judgements or charges incurred in relation thereto, whether awarded by a court, Administrative law Judge or CaIPERS any other state or federal agency, and payment of reasonable attorneys' fees incurred by the City in relation thereto. 3) Section 6, Consultant Personriel, Subsection 6.7 shall be, added as follows: Consultant agrees to follow the provisions of the Affordable Care Act and shall indemnify, defend, and hold harmless the City for the payment of any Affordable Care Act penalties, fines, damages, assessments, awards, judgements or charges that the City may incur as a result of Consultant or any employee, agent, subcontractor of Consultant or subcontractor's employee providing services under this Contract and Payr lent of reasonable attorneys' fees incurred by the City in relation thereto. 4) ) Section 6, Consultant Personnel, Subsection 6.8 shall be added as follows. Consultant agrees Page 300 to follow the provisions of the California Paid Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the City for the payment of any related penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, or subcontractor of Consultant or subcontractor's employee providing services under this Contract and payment of reasonable attorneys' fees incurred by the City in relation thereto. 5) Section 6, Consultant Personnel, Subsection 6.9 shall be added as follows: Consultant agrees to follow all applicable provisions of federal, state and local law, statute and regulation in performance of this Contract as it relates to employment of employees or otherwise, including but not limited to, the Federal Fair Labor Standards Act and proper withholding of taxes, and shall indemnify, defend and hold harmless the City for the payment of penalties, fines, damages, assess€rents, awards, judgments or charges that the City may incur as a result of Consultant, or any employee, agent, or subcontractor of Consultant, or subcontractor's employee, performing services under this Contract and payment of reasonable attorneys' fees in relation thereto. Now therefore: Interwest Consulting Group and the City desire to incorporate the above exceptions to the attached Professional Services Agreement. Please indicate your agreement by way of signature to this Addendum No. 001 and the attached Professional Services Agreement. Please return two (2) original signed copies to the City no later than lune 25, 2018. The City will process for signature and provide lnterwest Consulting Group with one (1) filly executed copy of the Professional Services Agreement and Addendum No. 001. Consultantt—, : Irate vestfCo€ bltug Group By: (!�,. /V—/ r Name K,,,j _Bgpyj C,>( Date LYA Z ZlI� Title City of Rancho Cucamonga By: Name Date Title City of Rancho Cucamonga By:L(e W VIF By: Wam SaMe C� fZosS Date Name Date P b t' G W c� �t�s G rvv L ectr�e� itle Title (two signatures required if corporation) Page 301 DATE: July 18, 2018 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 Felicia Marshall, Associate Engineer SUBJECT: CONSIDERATION OF AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CASE NO. DRC2015-00991 LOCATED AT 8591 GROVE AVENUE AND SUBMITTED BY WECARE DIALYSIS CENTER. RECOMMENDATION: Staff recommends that the City Council: 1. Approve an Improvement Agreement for D RC2015-00991; 2. Accept Cash deposits for the Faithful Performance bond and Labor & Materials bonds; and 3. Order the Annexation to Landscape Maintenance District No.3B and Street Light Maintenance District No's. 1 and 6. BACKGROUND: On June 14, 2017, the Planning Commission (Commission) approved Case No. DRC2015-00991 to construct a medical office building in the General Commercial (GC) District, located at 8591 Grove Avenue just south of Arrow Route. This approval included conditions to construct certain public improvements including street and landscape improvements. ANALYSIS: The developer, WeCare Dialysis Center, a corporation, has submitted street improvement plans along with an associated Improvement Agreement, Cash Faithful Performance bond, Cash Labor & Materials bond in the following amounts: Faithful Performance Bond $ 6,500 AA Receipt #287353 Labor and Material Bond $ 6,500 AA Receipt #287353 The cash bonds are sufficient to ensure completion of the conditioned public improvements. Copies of the agreement are available in the City Clerk's office. The Consent and Waiver to Annexation forms signed by the developer are also on file in the City Clerk's office. Page 302 FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the lighting and landscape maintenance districts in the following amounts: Landscape Maintenance District No. 313: $ 310.46 Street Lighting District No. 1: $ 39.09 Street Lighting District No. 6: $ 56.54 The development includes installation of 1 LED street light that will be maintained by Street Light Maintenance District No. 1. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Resolution LMD 3B Attachment 3 - Resolution SLD 1 Attachment 4 - Resolution SLD 6 Page 303 D RC2015-00991 Vicinity Map NOT TO SCALE PL & J Tire Services Lupe & Johnny's Body Shop Project Site ATTACHMENT 1 Page 304 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR PROJECT CASE NO. DRC2015-00991 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 2 Page 305 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 306 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: WeCare Dialysis Center, a corporation The legal description of the Property is: All that certain real property in the County of San Bernardino, State of California, described as follows: The South 1/2 of the West 1/2 of the West 1/2 of Lot 20, Section 9, Township 1 South, Range 7 West, San Bernardino Base and Meridian, in the city of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 4, Page 9 of Maps, records of said County. Excepting therefrom the North 1 acre thereof and the North 80 feet of the West 120 feet thereof. Assessor's Parcels Numbers of the Property: 0207-222-27 Resolution No. 18 -XXX — Page 3 of 5 Page 307 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Project DRC2015-00991: 1 street tree on Grove Avenue Resolution No. 18 -XXX — Page 4 of 5 Page 308 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2017/18. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) for DRC2015-00991: Land Use Basis EBU Factor* Rate per EBU* Non -Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 1.10 Acres x 1 EBU Factor x $282.24 Rate per EBU = $ 310.46 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 309 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PROJECT CASE NO. DRC2015-00991 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 3 Page 310 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 311 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: WeCare Dialysis Center, a corporation The legal description of the Property is: All that certain real property in the County of San Bernardino, State of California, described as follows: The South 1/2 of the West 1/2 of the West 1/2 of Lot 20, Section 9, Township 1 South, Range 7 West, San Bernardino Base and Meridian, in the city of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 4, Page 9 of Maps, records of said County. Assessor's Parcels Numbers of the Property: 0207-222-27 Resolution No. 18 -XXX — Page 3 of 5 Page 312 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project DRC2015-00991: 1 LED Street Light on Grove Avenue Resolution No. 18 -XXX — Page 4 of 5 Page 313 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for DRC2015-00991: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi -Family Residential Parcel 1.00 17.77 Non -Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 1.10 Acres x 2.00 EBU Factor x $17.77 Rate per EBU = $ 39.09 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 314 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR PROJECT CASE NO. DRC2015-00991 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial/Industrial)(the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 4 Page 315 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 316 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: WeCare Dialysis Center, a corporation The legal description of the Property is: All that certain real property in the County of San Bernardino, State of California, described as follows: The South 1/2 of the West 1/2 of the West 1/2 of Lot 20, Section 9, Township 1 South, Range 7 West, San Bernardino Base and Meridian, in the city of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 4, Page 9 of Maps, records of said County. Assessor's Parcels Numbers of the Property: 0207-222-27 Resolution No. 18 -XXX — Page 3 of 5 Page 317 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Street Light Maintenance District No. 6 (Commercial/Industrial): Street Light Maintenance District No. 6 (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Proposed additions to the Improvements for Project DRC2015-00991: None Resolution No. 18 -XXX — Page 4 of 5 Page 318 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Street Light Maintenance District No. 6 (Commercial/Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial) for DRC2015-00991: Land Use Basis EBU Rate per Factor* EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 1.10 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $ 56.54 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 319 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: C O NS I D E RAT I O N OF A THREE-YEAR MANAGED SERVICES AGREEMENT WITH ADVANCED UTILITY SYSTEMS IN THE TOTAL AMOUNT OF $115,922 FOR THE RANCHO CUCAMONGA MUNICIPAL UTILITY CIS INFINITY SOFTWARE BILLING PLATFORM. RECOMMENDATION: Staff recommends that the City Council approve a three year agreement with Advanced Utility Systems for annual managed services of the Rancho Cucamonga Municipal Utility's billing software in the total amount of $115,922. BACKGROUND: Advanced Utility Systems provides RCMU's license for the CIS Infinity billing software which is used to manage daily operations, billing, and cash processing for RCMU. The system provides official record keeping of all customer electricity accounts including but not limited to customer information, monthly meter read files, customer transactions, collection notifications and meter inventory. ANALYSIS: I n 2016, RCMU upgraded the C I S I nfinity software to the latest version of the software. Over the past two years, there have been twelve software updates/builds that provide enhancements, bug fixes, and development items that have not been applied. Before a build can be implemented, staff must perform lengthy regression testing to verify the software update will work properly for the RCMU environment and not have any negative impact on live data. This testing can take many months to fully test all aspects of the software and requires inputting and duplicating work on a daily basis to keep both the test and production data in sync and up to date to properly test. With managed services, Advanced Utility Systems would assign their staff to complete the regression testing on a regular basis which would keep the RCMU software current and more secure. This service would also provide regular reports on system maintenance and response times, quarterly reviews of upcoming build logs, implementing new enhancements and an annual Business Process Review. It also includes the same features to RCMU's online payment system, Infinity Link. FISCAL IMPACT: First year funding is included in the Rancho Cucamonga Municipal Utility Fund (Fund 705) of the Adopted Page 320 Fiscal Year 2018/19 Budget. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: Description Attachment 1 - Managed Services Agreement Page 321 MANAGED SERVICES AGREEMENT THIS MANAGED SERVICES AGREEMENT made as of the 20th day of June, 2018 (the "Effective Date"). BETWEEN: Advanced Utility Systems, a division of N. HARRIS COMPUTER CORPORATION ("Harris") - and - City of Rancho Cucamonga ("Organization") WHEREAS: (a) The Organization wishes to retain Harris to perform certain managed services as set out herein in respect of certain Harris software licensed by Organization pursuant to a Software License Agreement entered into between the parties on November 12, 2012; and (b) Harris has agreed to provide such services on the terms and conditions set out in this Agreement; and (c) Organization has agreed to maintain an effective Support and Maintenance Agreement during the Term of this Agreement. NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 1. Term. This Agreement shall commence on the Effective Date and shall continue for a period of three (3) years (the "Initial Term"). Thereafter, this Agreement shall automatically renew for further one year periods (each a "Renewal Term") unless one party gives written notice to the other party not less than sixty (60) days prior to the end of the then current term of its intention not to renew. The Initial Term and the Renewal Terms shall collectively be referred to as the "Term". ATTACHMENT 1 Page 322 2. Services. (a) Harris' Obligations. Harris shall use commercially reasonable efforts to provide the project management services set out in Schedule "A" (the "Services") to Organization. (b) Organization's Obligations. To enable Harris to perform the Services, Organization agrees to provide the following to Harris: i. Information relative to Organization's hardware and software on which the required AMS programs must run or with which these programs must interact. ii. Remote access to Organization's system for the purposes of performing the Services; iii. Access to and use of facilities, equipment, hardware and software for installation and use solely by Harris of ongoing manual and automated processes related to and required by Harris to perform the Services; iv. Personnel and assistance as is reasonably required to enable Harris to perform the Services; V. Ongoing access to the system via an Internet connection acceptable to Harris. vi. A representative with authority to approve the plans and deliverables described in Schedule "A" if so required. (c) Ownership. Organization agrees that Harris may install, access and run certain scripts and other software tools on Organization's hardware as required by Harris to perform the Services (the "Harris Tools"). Organization acknowledges and agrees that Harris is and shall remain the sole owner of all such Harris Tools, including all copyright, patents, trademarks, trade secrets and other intellectual property rights therein, and Organization is granted no license to access or use the Harris Tools. Organization may retain a paper and/or electronic copy of any reports provided by Harris to Organization as part of the Services, however Harris is and shall remain the owner of all copyright, patents, trademarks, trade secrets and other intellectual property rights in and to such reports. 3. Fees. (a) Fees. In consideration of providing the Services, Organization agrees to pay the fees set out in Schedule "B" (the "Fees") to Harris. During the term of this Agreement, Harris shall, from time to time, deliver invoices to Organization. Organization shall pay the then prevailing Managed Service Fee in advance for each term of the Managed Service Agreement and where the notice of non -renewal has not been provided in accordance with these terms, the Organization is obliged to pay the Fee for the then applicable term. The termination of this Managed Service Agreement by Organization shall not affect the License or the Software License Agreement. Harris shall neither refund any Managed Service Fees nor any Billable Fees if this Agreement is terminated. Each invoice delivered to Organization by Harris shall be due and payable upon receipt thereof by Organization. i. In consideration for the services specified in Schedule A, Organization shall pay the "Managed Service Fee" as detailed in Schedule B below. The Year 1 Managed Service 4 Page 323 Fee will be billed in advance beginning on the Effective Date. For the remaining Term, Organization will be billed annually in advance. Harris will issue a prorated invoice in Year 2 to align the anniversary date of the Managed Service Fee to the anniversary date of the annual Support and Maintenance fee. ii. Harris may change the Managed Service Fee from time to time in relation to each renewal term but Organization shall only be billed once per year. iii. In addition to the Managed Service Fee, Organization shall reimburse Harris for its direct expenses in providing services ("Billable Fees") pursuant to this Managed Services Agreement which include as of the Start Date: a. All direct travel expenses including, but not limited to hotel, airfare, car rental, tolls, parking and airline and travel agent fees; each individual's travel time billing rate of $90.00/hour; a per diem rate of $70.00 for week days and $125.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses (no receipts will be provided); and a mileage charge consistent with the Internal Revenue Service recommended rate per mile, b. Harris may update its reimbursement policies from time to time, in which case such updated policies shall apply for purposes of this Managed Services Agreement, provided that such updated reimbursement policies must generally apply to all clients of Harris. iv. In the case of the Organization unilaterally canceling the Agreement prior to the end of the three (3) year term, the Organization agrees to pay an early termination fee equivalent to fifty (50)% of the remaining fees due for the full three (3) year term or as mutually negotiated by both parties. (b) Taxes. The Fees are exclusive of taxes. Organization agrees to pay all foreign, federal, state, provincial, county or local income taxes, value added taxes, use, personal, property, sales and any other taxes, tariff, duty or similar charges that may be levied by a taxing authority (excluding taxes on Harris's net income) ("Taxes") unless it provides Harris with a tax exemption certificate acceptable to the applicable taxing authorities. Harris will reimburse Organization to the extent Taxes paid by Organization are recovered by Harris from the taxing or governmental authority. To the extent that Taxes may only be refunded to Harris, Harris agrees to cooperate reasonably with Organization's obtaining a refund or reimbursement of the Taxes. In the event that Organization is obliged by law to withhold any tax with respect to a payment to Harris, Organization will (a) withhold the appropriate amount from the payment; (b) pay the withheld amount to the applicable authority, as required by law, and (c) furnish to Harris certified copies of tax receipts and any other documentation reasonably requested by Harris as proof of Organization's payment of the withholding tax. (c) Late Payment. In the event Organization fails to pay all or any portion of an invoice on or before ninety (90) days after the date it becomes due, in addition to all other remedies Harris has under this Agreement or otherwise, Harris shall have the option to suspend or terminate all Services under this Agreement. Suspension or termination of any such Services shall not relieve the Organization of its obligation to pay its outstanding invoices, including any applicable late charges. 4. Warranty (a) Warranty. Harris warrants that the Services will be performed in a professional and diligent manner by personnel who are competent in performing their individual tasks. Page 324 (b) DISCLAIMER. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 4(a), THE SERVICES ARE PROVIDED TO THE ORGANIZATION "AS IS" AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SERVICES AND ANY MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT. HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL MEET ANY OR ALL OF THE ORGANIZATION'S PARTICULAR REQUIREMENTS. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS. 5. Termination (a) Termination. This Agreement may be terminated as follows: i. In addition to any other rights and remedies available to it, either party may immediately tenninate this Agreement in the event of material breach by the other party of its obligations hereunder that is not cured within ninety (90) days of receipt of written notice from the other party to that effect; ii. If Organization has failed to pay the Fees or other amounts due then Harris shall have the right to terminate this Agreement effective immediately upon written notice to Organization that effect; and iii. Either party may terminate this Agreement effective immediately upon written notice to the other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not resolved favorably to the subject party within ninety (90) days of commencement thereof, or (iii) becomes subject to property seizure under court order, court injunction or other court order which has a material adverse effect on its ability to perform hereunder. Page 325 (b) Effects of Termination. In the event of termination of this Agreement: i. Organization shall immediately pay all outstanding Fees and other amounts owing to Harris under this Agreement; and ii. Organization agrees that Harris shall have the right to access and delete all Harris Tools installed on Organization's equipment. 6. Limitation of Liability TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HARRIS, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS' ENTIRE LIABILITY AND ORGANIZATION'S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY HARRIS IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE AN AMOUNT THAT IS EQUAL TO THE CURRENTY YEAR FEES PAID TO HARRIS BY THE ORGANIZATION UNDER THIS AGREEMENT IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO FOR LOST REVENUE OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7. Confidential Information a) Definition. The parties acknowledge that it may receive Confidential Information from the other parry or otherwise in connection with this Agreement. "Confidential Information" means all information or material that either party treats as confidential and any information relating to third parties that a party has an obligation to treat as confidential, which is disclosed by or obtained by a party in connection with this Agreement, whether such information is in oral, written, graphic or electronic form, which: is (A) marked "Confidential," "Restricted," or "Proprietary Information" or other similar marking, (B) known by the parties to be considered confidential or proprietary, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment in the circumstances. Confidential Information does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the receiving party without 5 Page 326 reference to or use of the other party's Confidential Information which such independent development can be established by evidence that would be acceptable to a court of competent jurisdiction. b) Confidentiality Obligations. Each of the parties agree: i. to maintain the Confidential Information of the other party in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential Information of the other party from unauthorized use, disclosure, copying or publication; ii. not to use the Confidential Information of the other party other than in the course of exercising its rights or performing its obligations under this Agreement; iii. not to disclose or release such Confidential Information except to the extent required by applicable law or during the course of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, provided that the receiving party shall first give reasonable notice to the disclosing party prior to such disclosure so that the disclosing party may obtain a protective order or equivalent and provided that the receiving party shall comply with any such protective order or equivalent; iv. not to disclose or release such Confidential Information to any third person without the prior written consent of the disclosing party, except for authorized employees or agents of the receiving party who have a need to know such information for the purpose of performance under this Agreement and exercising its rights under this Agreement, and who are bound by confidentiality obligations at least as protective of the disclosing party's Confidential Information as this Agreement; and v. to take such actions as may be reasonably necessary to enforce its agreements with its employees and agents, including commencing legal proceedings. 9. General (a) Mediation. The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy or dispute in a court or before any other tribunal. The mediation is to be conducted by either an individual mediator or a mediator appointed by mediation services mutually agreeable to the parties. Such mediator shall be knowledgeable in software system agreements. The mediation shall take place at a time and location which is also mutually agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a mediator. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorney's fees incurred by either party), is to be shared by the parties equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) days after the date either party provides the other notice of mediation, then either party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended by a written agreement of the parties. Nothing in this Section shall inhibit a party's right to seek injunctive relief at any time. on Page 327 (b) Notice. Any notice required or permitted to be given to any party to this Agreement shall be given in writing and shall be delivered personally, mailed by prepaid registered post or sent by facsimile to the appropriate address or facsimile number set out below. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third business day following the date of mailing, and addressed, in the case of Harris, to: N. HARRIS COMPUTER CORPORATION 1 Antares Drive, Suite 400 Ottawa, Ontario K2E 8C4 Attention: CEO Telephone: 613-226-5511, extension 2149 and in the case of the Organization, to: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: Trina Valdez Each party may change its particulars respecting notice, by issuing notice to the other party in the manner described in this Section 7(b). (c) Assignment. Neither party may assign any of its rights or duties under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and permitted assigns. (d) Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto with respect to the matters covered herein. No other understandings, agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Harris by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Organization acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. The terms of this Agreement may not be changed except by an amendment signed by an authorized representative of each party. No provisions in any purchase orders, or in any other documentation employed by or on behalf of the Organization in connection with this Agreement, regardless of the date of such documentation, will affect the terms of this Agreement, even if such document is accepted by Harris, with such provisions being deemed deleted. h Page 328 (e) Governing Law. This Agreement shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein. This Agreement excludes that body of law applicable to choice of law, the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods (UNCCISG and any legislation implementing such Convention), if otherwise applicable. (f) Trial by Jury. Organization and Harris hereby waive, to the fullest extent permitted by applicable law, the right to trial by jury in any action, proceeding or counterclaim filed by any party, whether in contract, tort or otherwise, relating directly or indirectly to this Agreement or any acts or omissions of Harris in connection therewith or contemplated thereby. (g) Severability. The invalidity or unenforceability of any provision or covenant contained in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. (h) Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. (i) Counterparts. This Agreement may be executed in counterparts (whether by facsimile or PDF signature or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. (j) Relationship. The parties are and shall at all times remain, independent contractors in the performance of this Agreement and nothing herein shall be deemed to create a joint venture, partnership or agency relationship between the parties. Neither party will have the power to bind the other party or to contract in the name of or create any liability against the other party in any way for any purpose. Neither party will be responsible for the acts or defaults of the other party or of those for whom the other party is in law responsible. (k) Allocation of Risk. Organization acknowledges that the limited warranties, disclaimers and limitations of liability contained in this Agreement are fundamental elements of the basis of bargain between Organization and Harris and set forth an allocation of risk reflected in the fees and payments due hereunder. (1) Force Majeure. No default, delay or failure to perform on the part of Harris shall be considered a breach of this Agreement where such default, delay or failure is due to a force majeure or to circumstances beyond its control. Such circumstances will include, without limitation, strikes, riots, civil disturbances, actions or inactions concerning government authorities, epidemics, war, terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier or other disasters or events. (m) Survival. The following sections and articles shall survive the termination or expiration of this Agreement: Sections 2(c), 3, 4, 5(b), 6-8 and any other provisions which are required to ensure that the parties fully exercise their rights and obligations hereunder. Page 329 IN WITNESS WHEREOF the parties hereto have duly executed this Agreement to be effective as of the Effective Date. N. HARRIS COM TE CORPORATION By: Name: (— fA 11 j Title: C v -p CITY OF RANCHO CUCAMONGA By: Name: Title: 9 Page 330 SCHEDULE "A" SERVICES For the sake of clarity, the services provided under this Managed Services Agreement do not include standard support and maintenance services. Please refer to your Support and Maintenance Agreement for a listing of the services provided within it. 10 Page 331 Overview Advanced Managed Services (AMS) is an Advanced Utility Systems ("Advanced") services offering that will keep City of Rancho Cucamonga (Rancho Cucamonga) current on CIS Infinity builds and increase the value of CIS Infinity to Rancho Cucamonga through a one week, Business Process Review (BPR) per 12 month term. This document describes the Scope of Work (SOW) to be delivered by Advanced, as well as defines the principal activities and deliverables of both Advanced and Rancho Cucamonga. The services as outlined in this Scope of Work (SOW) encompasses all aspects of Advanced AMS offering, including but not limited to Account Management, CIS Infinity build regression testing of Rancho Cucamonga's CIS Infinity system, and one onsite BPR per 12 month term. At a summary level, Advanced will provide the following services: 1. Account Management ■ Bi -annual Review of build logs and Enhancement Addendums clmrqzj- mm ■ Onsite BPR (Rancho Cucamonga to cover travel expenses) ■ Documentation of BPR Recommendations 3. Regression Testing — CIS Infinity ■ Copy of Production database to Regression Test Systems ■ Application of builds on Regression Test Servers ■ Regression testing of new builds in your environment 11 Page 332 Key Assumptions 1. All prices are quoted in US dollars. 2. The Fixed Cost will be firm for the services identified herein. Travel costs will be billed as incurred in accordance with the AMS Agreement and this SOW. 3. Regression testing services are provided for build updates within a Version (e.g. Version 4.1.50 to 4.1.51). Regression testing services for a Version Upgrade (e.g. Version 3.x to Version 4.x or Version 4.x to Version 4.y) are excluded and will require a separate SOW. 4. Regression testing as defined in Schedule B is included for up to two builds per 12 month term. 5. Rancho Cucamonga will provide two test environments (1. Current Build, 2. New Build) including the associated hardware and system software for regression testing purposes. 6. Regression Test environments are for the exclusive use of Advanced personnel to ensure the validity of test results. 7. Rancho Cucamonga will provide Advanced with remote access to its servers. 8. Rancho Cucamonga will provide Advanced with database Administrative access on regression testing servers. 9. Builds will be applied by Advanced in one production and two non -production (test) environments. 10. All AMS services are provided between 8:00 AM — 8:00 PM Eastern. 11. Rancho Cucamonga will be required to participate in a remote Discovery session to assist in defining regression testing data set (e.g. Billing Cycle to be tested). 12. Rancho Cucamonga specific stored procedures and or database triggers are excluded from the regression testing scope. 13. It is Rancho Cucamonga's responsibility to test all other functions within CIS Infinity not tested by Advanced under this SOW, before authorizing application of a build to your production environment. 14. Rancho Cucamonga must provide written authorization before Advanced will apply a new build to Rancho Cucamonga's production environment. 12 Page 333 AMS - Scope of Work The following services will be provided annually to Rancho Cucamonga, provided that Rancho Cucamonga has an effective Advanced Managed Services agreement. Account Management Advanced will schedule bi-annual reviews of the Build Logs and Enhancement Addendums with Rancho Cucamonga. Advanced and Rancho Cucamonga will work together to determine which Builds will be applied during the 12 month term and the timing for testing and applying a build (i.e. a Build Plan). Advanced DELIVERABLES: • Lead bi-annual review of Build Logs and Enhancement Addendums • Jointly develop a Build Plan • Document Build Plan Rancho Cucamonga DELIVERABLES: • Participate in bi-annual review of Build Logs and Enhancement Addendum • Jointly develop a Build Plan Business Process Review Advanced will conduct one, 4 day onsite Business Process Review (BPR), each 12 month term, on a date mutually agreed by Advanced and Rancho Cucamonga. Advanced will review key meter to cash business processes with Rancho Cucamonga staff and document recommendations for improvements to current processes. Rancho Cucamonga will provide the resources and the information that Advanced will require to perform a successful BPR. Implementation of changes are at the discretion of Rancho Cucamonga and may require a separate SOW, depending on scope, if Advanced assistance is required. Advanced DELIVERABLES: • Deliver onsite BPR • Document recommendations 13 Page 334 Rancho Cucamonga DELIVERABLES: • Participate in BPR sessions • Provide documentation of current business processes, where available Regression Testing - CIS Infinity Advanced will perform regression testing activities as defined in Schedule B below for up to two builds per 12 month term using Rancho Cucamonga's data which resides on Rancho Cucamonga's test servers. Advanced will use a combination of manual and automated testing procedures. Regression testing activities are defined in Schedule B. All automated testing scripts and tools are for Advanced use only. Rancho Cucamonga is responsible for any additional testing activity not defined in Schedule B. Advanced will compare data between the 2 test systems at a detail table and record level, for each test activity and will present a summary of results including explanation of any valid discrepancies. Invalid differences will be corrected by Advanced prior to releasing the system to Rancho Cucamonga. Through a Discovery process, Advanced will work with Rancho Cucamonga to identify data to be used in testing. Advanced DELIVERABLES: • Lead Discovery Session • Apply Builds Required to Conduct Regression Testing • Perform Regression Testing Activities as outlined in Schedule B • Resolve and Testing Errors/Discrepancies • Document Testing Results Rancho Cucamonga DELIVERABLES: • Participate in Discovery Session • Provide hardware and install and configure associated system and database software required for regression testing, specifically two test environments. (Test 1 — Current Build, and Test 2 — New Build) • Provide Administrative access to the regression test database servers 14 Page 335 • Provide data files identified during Discovery (e.g. meter readings) required for regression testing • Assist Advanced, as needed, in resolution of Testing Errors/Discrepancies • Test any processes not included in Schedule B that Rancho Cucamonga deems important before apply a build to production • Authorization to apply a Build to production 15 Page 336 Schedule A - Fees Y• -^ _.,. 'Z Xz 3".�.. : Z �'' Z `i ".: £"✓ .iX � �t'�' .�3 X- v„rX d 3 `,4, *2 XX ". r �-.. �,gr`.e' $z% `f" '� .r `'X 7� "�X" '' "'" �, � �`... .:+:. £✓' r'�'1X ^» .l. ,..,. .....2 ......., r,. � ,.:: z�r„ ...r,X-,,._..,.. ryX.. ,o"% .'"". uY.ci^y=Za., a-"', 1 Advanced Managed Services $36,771.45 2 Advanced Managed Services $38,610.02 3 Advanced Managed Services $40,540.52 16 Page 337 Schedule B - Regression Testing -Test Activities 1 Meter Reading Export ■ l Generate one meter reading export file Meter Reading Import ■ Import one meter reading file Pre -Exceptions ■ Generate Pre -Exceptions for one Bill Cycle Cycle Billing ■ Generate one billing batch from Meter Reading Import File ■ Enter manual read on one "Estimate" exception type ■ Transfer Exceptions ■ Journal — Batch with No Exceptions ■ Merge Exceptions ■ Journal Merged Batch ■ Print Bills ■ Update Batch Shared (V4)/Online Billing (V3) ■ Generate one billing batch from Shared/Online Billing Meter Reading Import File ■ Transfer Accounts Ready to Print to Batch ■ ■ Original Batch - Change bill status to Ready to Print and Ignore Exceptions for all accounts in filter Select Import and choose the remaining book for the selected cycle and change the reading and billing date by at least one day ■ Journal Batch ■ Print Bills ■ Update Batch Manual Billing ■ Meter Change Out 0 ■ Perform one Meter Change Out Create one manual bill batch and add account with meter change ■ Proration ■ Add one account and change reading date for less than 30 days to create short bill and trigger pro -ration ■ Add one account and change reading for more than 30 days to create long bill and trigger pro -ration ■ First Bill ■ Add one account created from New Services to trigger first bill ■ Journal Batch ■ Print Bills ■ Update Batch Cancel Billing ■ ■ Select one account updated in cycle batch and flag to cancel as whole Create Cancel Bill batch ■ Journal Batch ■ Update Batch Cancel and Rebill ■ Select one account updated in cycle batch and flag to cancel & rebill, enter new readings and reading date 17 Page 338 18 Page 339 ■ Create Cancel & Rebill batch ■ Journal Batch ■ Print Bills ■ Update Batch Moves & Final Billing ■ Vacant a Select existing customer - Account 2 ■ Move Account 2 into a new account (Account 1); back date move 1 week, transfer balance, leave Account 2 vacant ■ Auto Owner X Move out Account 3 (Auto Owner) out; back date move 1 week ■ Final Bills ■ Create one Final Bill Batch ■ Add Account 1, 2, 3 and ensure none are set to no bill, enter meter read ■ Journal Batch ■ Print Bills ■ Update Batch ■ Final Bill - Occupancy Charge ■ Locate Occupancy Charge batch generated by Final Bill batch, in Cash Processing ■ Journal Batch ■ Update Batch ■ Final Bill - Balance Transfer ■ Locate Balance Transfer batch generated by Final Bill batch, in Cash Processing ■ Journal Batch ■ Update Batch ■ Final Bill - Deposit Transfer X Locate one customer who has an A/R Balance and a Deposit Paid Balance and is Active on 2 Accounts ■ Move Out this customer from 1st Account, with balance transfers to the Customer's 2nd Account and Move In a new Customer to 1st Account ■ Final bill the Customer. ■ Locate Balance Transfer batch generated by Final Bill batch, in Cash Processing ■ Journal Batch ■ Update Batch ■ Final Bill - Apply Deposit and ■ Locate one customer who has a deposit paid balance and 'Reverse Unpaid Deposit another where there is a deposit owing balance (could be on a single customer/account) ■ Move out the customer leaving the account vacant ■ Final bill the customer and check the 'Charges' tab on the bill. ■ Auto Final Bills a Move one new customer into Vacant account (Account 2); use current date, Deposit Quote ■ Move in existing customer (Account 4) into Account 3; use current date, balance transfer ■ Move new customer into Account 5 ■ Add Auto Final Bill reading to Account 2, 3, 4, 5 ■ Create Auto Final Bill Batch 18 Page 339 � i= a ■ Ensure Account 2, 3, 4 and 5 are brought in and none are set to no bill ■ Journal Batch ■ Print Bills ■ Update Batch ■ Auto Final Bills - Occupancy Charge ■ Locate Occupancy Charge batch generated by Auto Final Bill batch, in Cash Processing ■ Journal Batch ■ Update Batch ■ Auto Final Bills - Occupancy Charge m Execute one Vacant Account Move In Pickup — Vacant Move In ■ Locate Occupancy Charge batch generated by Vacant Account Move in, in Cash Processing ■ Journal Batch • Update Batch ■ Auto Final Bills - Balance Transfer w Locate Balance Transfer batch generated by Auto Final Bill batch, in Cash Processing ■ Journal Batch ■ Update Batch ■ Auto Finals - Deposit Quote a Execute one Deposit Quote Pickup ■ Locate Deposit Quote batch in Cash Processing ■ Journal Batch ■ Update Batch ■ Delete Move In — New Customer n Go to Account 5 and delete move (Account 5 should now be Inactive) ■ Move -Multiplier with Customer 0 Note: Applicable where Service Group Control form is (if applicable) configured for a multiplier to move with Customer. ■ Locate one Active Customer/Account with these multipliers (CUST/ACCT1) ■ Select one other Customer/Account that has the same Service (CUST/ACCT2), Move Out the CUST/ACCT2 and Move In CUST/ACCT1 ■ Move - Payment Plan with ■ Note: Applicable if the `Move Scenario Control' is configured to Customer (if applicable) Copy Existing Pap Data' for the Move In scenario type. ■ Locate one 'Active' Customer/Account which has a Payment Plan (CUST/ACCT3) ■ Move in one Customer (CUST/ACCT3) to another account (CUST/ACCT4) Payment Import ■ Create one cash batch ■ Import one payment file ■ Journal Batch ■ Update Batch Cash Register 0 Create one Cash Batch ■ Add one account by customer #, pay full amount ■ Add one account by account #, pay partial amount ■ Add one customer with multiple active accounts 19 Page 340 i = ■ Add one account by Search, pay full amount, change transaction code ■ Journal Batch ■ Update Batch ■ Create one cash register batch ■ Add one account by customer #, pay bill full amount by cash ■ Add one account by account, pay partial amount by check ■ Add one account by search, pay partial amount by cash and balance by check ■ Add one account by account, pay in full by credit card ■ Add one customer with multiple accounts, pay bill full amount check ■ Add customer with multiple account, pay partial amount by cash ■ Delete one account ■ Journal Batch ■ Update Batch ■ Create one Cash Batch ■ Add one account by account, pay partial amount to specific AR(s) to override payment allocation ■ Add one account, pay by cash where change will be given ■ Add one POS transaction ■ Add one GL transaction ■ Edit one Cash Register batch and edit Cash Register Amount to be a 1C difference Cash tender ■ Balance Cash Register ■ Journal Batch ■ Update Batch Adjustments 0 Create one Adjustment Batch ■ Add one debit adjust to account ■ Add one credit adjust to account ■ Add one account and change transaction code ■ Add one account used in Cash Processing and process NSF selecting original transaction ■ Journal Batch ■ Update Batch Late Payment Charges N Execute one Late Charges Pickup ■ Locate Late Charges batch in Cash Processing ■ Journal Batch • Update Batch Notices ■ Create one notice batch for a selected cycle - Notice date = date of Vt pending notice for the previous bill (May/May Not be Notice 1 date) ■ Execute Removed Listing • Execute Notice Listing ■ Print Notices (if applicable) 20 Page 341 21 Page 342 1is ■ Update batch ■ Creation of Notice Charges cash batch (if configured in Collection Notice Control form) o Created as a result of Notices Batch Update Arrangement Processing ■ Add single arrangement to Account 6 using current date ■ Add group arrangement to Account 7, process as group starting with current date ■ Add group arrangement to Account 8, not processed as group starting with current date ■ Add single arrangement to Account 9 using future date ■ Add single arrangement to Account 10 using current date 1. Create one pending cash batch 2. Add a payment in full to Pending Cash Batch for Account 6 3. Arrangement Processing Pickup 4. Add single arrangement to Account 11 using current date 5. Add group arrangement to Account 12, process as group starting with current date 6. Add group arrangement to Account 13, not processed as group starting with current date 7. Add single arrangement to Account 14 using future date 8. Add single arrangement to Account 15 using current date 9. Add a payment in full to Pending Cash Batch created for Accountll 10. Run Arrangement Processing from the Collection Processing form Collections Processing ■ Disconnection 0 Update all Broken Arrangement accounts to Collection Status of Pending Disconnect ■ Create Cash Batch ■ Add full payment to Cash Batch for one Account with Pending Disconnect ■ Generate Field Actions ■ Add full payment for one Account with "Disconnect Service Order Generated" Collection Status ■ Reconnection ■ Select 2 accounts and add Disconnect records ■ Add partial payment (below min for reconnection) for 15t Account ■ Add full payment for 2nd Account ■ Bankruptcy (if applicable) ■ Select one account with amount owing and add a bankruptcy record for current date ■ Select a second account with amount owing and add bankruptcy with older file date ■ Locate Bankruptcy batch in Cash Processing ■ Journal Batch ■ Update Batch ■ Write Off Processing 0 Execute one Write Off Processing Pickup — Write Off 21 Page 342 to Page 343 ■ Locate Write Off batch in Cash Processing ■ Journal Batch ■ Update Batch ■ Collection Agency (if applicable) w Execute one Write Off Processing Pickup - Collection Agency Pickup ■ Locate Collection Agency batch in Cash Processing ■ Journal Batch ■ Update Batch ■ Collection Agency file Deposit Quote 0 Execute one Deposit Quote Pickup ■ Locate Deposit Quote batch in Cash Processing ■ Journal Batch ■ Update Batch PAP/ACH Pickup 0 Execute one ACH/PAP Pickup ■ Locate PAP/ACH Batch in Cash Processing ■ Journal Batch ■ Create Bank File ■ Update Batch Request/Adjust Transaction Pickup 0 Execute one Transaction Request Transaction Pickup ■ Locate Request Transaction batch in Cash Processing ■ Journal Batch ■ Update Batch Service Orders ■ Add one SO to an account from CAI/AccountView, print on Save ■ Add one SO to an account from CAI/AccountView, do NOT print on Save ■ Add one SO from Service Order Management form ■ Complete one SO using completion code to trigger action Reporting ■ Customer Account Reports ■ Compare Single AR Summary filtered to one specific cycle ■ Compare Single AR Detail filtered to one specific cycle ■ Compare Multiple AR Summary filtered to one specific cycle ■ Compare Multiple AR Listing to one specific cycle ■ GL Reports ■ Compare GL Element Monthly Summary filtered to one specific month/year ■ Compare GL Element Monthly Detail filtered to one date range ■ Compare Transaction Daily Summary filtered to one specific date ■ Aged Arrears ■ Compare Detailed filtered to one specific AR, one account status, one account type and one cycle ■ Compare Summary filtered to one specific AR, one account status, one account type and one cycle Letter Management ■ Add one letter to one account ■ Print Letter to Page 343 Customer Account Compare Information displayed in the Information Band for one m7 Inquiry/AccountView Customer Account in the CAI/AccountView form, Billing Batch form, and Cash Register Batch form ■ Verify that able to access all Tabs in the CAI/AccountView form ■ Verify that able to all grids in the CAI/AccountView form display ■ Verify all buttons function in CAI/AccountView Navigation Tool Bar ■ Advanced Search — Execute 5 saved Filters/Searches in CAI/AccountView and validate results are the same Other - V3 Journals 0 Compare one Cash Register, one Cash Adjustment and one Billing Journal to validate that Data elements in report are the same 23 Page 344 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Robert Neiuber, Human Resources Director Lucy Alvarez -Nunez, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPOINT A RETIREMENT PLAN COMMITTEE AND APPROVE ANY POLICIES AND PROCEDURES RELATED TO THE COMMITTEE. RECOMMENDATION: Staff recommends that the City Council of the City of Rancho Cucamonga adopt a resolution authorizing the City Manager to appoint a Retirement Plan Committee to provide oversight of the City's defined contribution retirement savings plan and approve any policies and procedures related to the committee. BACKGROUND: The City currently provides 401(a) and 457 deferred compensation plans as a benefit to City employees. These plans include both City and voluntary employee contributions, and the plan assets are the property of participating employees. The City currently uses Nationwide and ICMA-RC to administer the City's 401(a) and 457 deferred compensation plans for employees. The City has a fiduciary responsibility to manage its employee benefit plans and assets. This responsibility includes the governance of the defined contribution retirement savings plan and analysis of plan investment menus and fee structures which are currently managed by Nationwide and ICMA-RC on behalf of the City. ANALYSIS: The City must exercise its fiduciary duty to oversee the defined contribution retirement savings plans for the City to ensure optimal performance for the benefit of their participating employees. To effectively manage this process, staff recommends that the City Council authorize the City Manager to appoint a Retirement Plan Committee composed of selected City employees, and approve any policies and procedures related to the committee. The Committee will be responsible for carrying out fiduciary responsibilities including the administration and management of the retirement benefit plan and may act on behalf of the City in a settlor capacity by establishing, amending, and terminating plans as deemed necessary. It is considered best practice for employers to establish a Committee to fulfill this fiduciary role. Page 345 FISCAL IMPACT: There are no fiscal impacts to the City. This action does not introduce new benefits or compensatory factors for City employees, and Committee member participation is voluntary. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description Httacnment 1 - Kesoiution 18 -XXX Page 346 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPOINT A RETIREMENT PLAN COMMITTEE AND APPROVE ANY POLICIES AND PROCEDURES RELATED TO THE COMMITTEE. WHEREAS, the City of Rancho Cucamonga maintains the Rancho Cucamonga Retirement Savings Plan (the "Plan") for the benefit of their eligible employees; and WHEREAS, the City Manager of the City of Rancho Cucamonga has the authority to appoint one or more persons as Plan Administrator to control and manage the Plan's operation; and WHEREAS, the City Manager has determined that is in the City's best interests to appoint as Plan Administrator a Retirement Plan Committee (the "Committee") composed of select employees of the City; and WHEREAS, the City Manager wishes to grant authority to the Committee to act on behalf of the City in a settlor capacity by establishing, amending and/or terminating a plan as deemed necessary; and WHEREAS, the City Manager wishes to appoint the Committee and setting out its power, duties, responsibilities, and general governance procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that effective July 18, 2018, the City Manager may hereby appoint the Retirement Plan Committee. RESOLVED FURTHER, the City Manager or his/her designee will monitor the Committee's activities to ensure that the Committee is meeting its duties and responsibilities as Plan Administrator. RESOLVED FURTHER, that the Plan Administrator, hereby is authorized and directed, for and on behalf of the City to take such further action and execute such additional documents, and policies and procedures related to the Committee to carry out the foregoing resolutions. PASSED, APPROVED, AND ADOPTED this 181" day of July 2018. Attachment 1 Page 347 AYES: NOES: ABSENT: ABSTAINED: ATTEST: Janice Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a Meeting of said Council on the 1811 day of July 2018. Executed this 1811 day of July 2018, at Rancho Cucamonga, California. Janice Reynolds, City Clerk Attachment 1 Page 348 DATE: July 18, 2018 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 Ruth Cain, Procurement Manager SUBJECT: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH GEOGRAPHIC TECHNOLOGIES GROUP IN THE AMOUNT OF $51,850 FOR FIBER MANAGEMENT SOFTWARE IN ACCORDANCE WITH RFP #17/18- 016. RECOMMENDATION: Staff recommends that the City Council approve and authorize the execution of a Professional Services Agreement with Geographic Technologies Group, Inc. in the amount of $51,850. BACKGROUND: Over the last 10 years, the City has adopted and deployed over 20 miles of fiber infrastructure which has resulted in numerous informal recording systems that capture the design and installation data but filed in various locations, formats and software systems. The lack of having this information in a centralized database has created difficulties in determining locations, empty conduit, available fiber and designated purpose of the underground assets. The data inefficiencies will continue to grow as the City begins implementing its Fiber Optic Master Plan. Staff determined a Fiber Management System was needed to store the fiber inventory in a single dedicated software solution that could track the existing and future fiber assets and be used for planning and growth. Specifications were provided to the Procurement Division for the purchase of the Fiber Management Software. Procurement prepared and posted a formal Request for Proposal (RFP) #17/18- 016 for Fiber Management Software to the City's automated procurement system. There were four hundred and seven (407) notified vendors, twenty-two (22) prospective bidders downloaded or viewed the solicitation package, and there was only one (1) viable response received. ANALYSIS: After analysis of the RFP response it has been determined to be in the City's best interest to recommend an award to Geographic Technologies Group, Inc. of Goldsboro, North Carolina, for the Fiber Management Software. All applicable solicitation documentation is on file in Planet Bids and can be accessed through the City's website at www.CityofRC.us. The proposed agreement is for three years with the initial year including the software, licenses, data migration, training and implementation of the software. Year two and three will provide annual technical Page 349 software support. FISCAL IMPACT: First year funding is included in the Adopted Fiscal Year 2018/19 Budget from the Fiber Optic Network Fund No. 711. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: Description PSA_Geographic Technologies Group Page 350 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 18 day of July, 2018, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Geographic Technologies Group, Inc., a corporation ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following professional services: Fiber Management Software ("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 supply fiber asset management, conduit assets, vertical and other inter -connect assets and ESRI ArcGIS mapping software to document and manage existing and planned locations and status of fiber assets within the City, all as more fully set forth in the Consultant's proposal, dated May 1, 2018 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 Vendor Initials PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Page I Page 351 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. 1.3 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 "N/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 three 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 N/A year(s) increments to a total of N/A 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. PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 2 Page 352 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 $51,850.00 (Fifty one thousand eight hundred and fifty 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. 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 Fred Lyn, Utilities Division Manager, 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. PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 3 Page 353 5.2 Consultant Representative. For the purposes of this Agreement, David Holdstock, CEO 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 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 PSA with Professional Liability Insurance (non -design) Page 4 Last Revised: 10/02/13 Page 354 (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 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 of the 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 of the 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 Verrdo- PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Page 5 Page 355 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. 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 frilly 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, PSA with Professional Liability Insurance (non -design) Last Revised: 10/02113 Vendor Inttlals Page 6 Page 356 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 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. Vendo- PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Page 7 Page 357 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. 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 PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor I Page 8 Page 358 less than: 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 (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) 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 PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 9 Page 359 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 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 of the 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. PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 10 Page 360 (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) 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 claire 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. PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 11 Page 361 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 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: City of Rancho Cucamonga Attn: Fred Lyn, Utilities Division Manager 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Consultant: David Holdstock, CEO Geographic Technologies Group 3700 National Drive, Ste. 212 Raleigh, NC 27612 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. PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 12 Page 362 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 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.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 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. PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 13 Page 363 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 Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Geographic Technologies Grou , Inc. BY: X1'10113 Naive Date CG® Title By: Name Date Title (two signatures required if corporation) PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 City of Rancho Cucamonga By: Name Title City of Rancho Cucamonga Name Title Date Date A/ - Vendor Initials Page 14 Page 364 10,140,ll: 711I\ SCOPE OF SERVICES See Attached PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 15 Page 365 __ - yid �� � -• -r r -i., �'�►" �� '�- ,. 1 • , . � #� err �. - � s,�l..,•y4..- :►� .� 1. �Mzi�i�E i � i ♦ wl 17 Y. v k. sW'rti,'yt r �t 9 �. PIP- CGEOGRAPHIC TECHNOLOGIES GROUP www.geotg.com I info@fiberintel.com 1202 Parkway Dr., Goldsboro, NC 27534 www.fiberintel.com 888.757.4222 -� ArcGIS for e� Partner Network H,rcG1S ���� Loca! Government rulci re3' I. 'elvArml 0 uZaa I vu �Ill![No[! (0)GEOGRAPHIC TECHNOLOGIES GROUP 0 GEOGRAPHIC TECHNOLOGIES GROUP`=' May 1, 2018 City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Dear Evaluation Committee: Over the past twenty years, Geographic Technologies Group (GTG) has been planning, designing, and implementing scalable, sustainable, and truly enterprise -wide GIS solutions for local governments throughout North America. We have focused on the telecommunications industry and have amassed 13 clients using our Fiber Management System (FMS) tool ranging from local government, municipalities, to private industry. GTG understands the City of Rancho Cucamonga is looking for an appropriate vendor to supply fiber asset management, conduit assets, vertical and other inter -connect assets and ESRI ArcGIS mapping software to be used to document and manage existing and planned Outside Plant (OSP), allowing the City to accurately document the location and status of fiber assets within the City. The purchase of this software system will position the City to manage future growth and demand, as the City realizes the benefits of installing and adding to this vast network in the City. Our Vision360 FMS solution simplifies management of municipal fiber networks by consolidating fiber system design, asset inventory deployment, strand assignments, and connectivity into a singleeasy to use wizard driven application. By creating a centralized management system, Vision FMS enables ease of access and shareability of network infrastructure when needed. Vision FMS also allows municipalities interested in leasing portions of their unused infrastructure to easily track such utilization. This tool provides an effective way to track local government broadband information and provides a powerful platform to manage the City's growing assets. We are confident that this solution will meet all of the needs of the City. The entire GTG team would like to thank you for allowing us to propose on this project. Our expertise in GIS, fiber management, and local government will provide the City of Rancho Cucamonga with the best solution possible. Should you have any questions during the review of the proposal, please call me at 919- 223-8755. GTG fully complies with all provisions stated in the RFP. Respectfully Submitted, 2016Awarc Winner :41)Eur Py'-' Conforenrs IO17 Awxd winner Mr. Matthew McLamb, BS, MS Chief Technology Officer, Geographic Technologies Group (GTG) 1202 Parkway Drive Goldsboro, NC 27534 P: 919.429.6370 1 E:mmclamb@geotg.com 90 GEOGRAPHIC TECHNOLOGIES GROUP" www.fiberintel.com I info@fiberintel.com oft* uOLL; CFRTMW Partner Page 368 (0)GEOGRAPHIC TECHNOLOGIES GROUP ExecutiveSummary .............................................................................................. 1 Experience............................................................................................................. 2 Third Party/Subcontractors................................................................................10 StaffBiographies................................................................................................11 Proposal Response.............................................................................................15 Non -Disclosure Conflict of Interest.....................................................................18 CompanyReferences..........................................................................................19 Professional Service Agreement......................................................................... 20 Insurance............................................................................................................ 21 Addendum Acknowledgement............................................................................22 VendorCertification............................................................................................ 23 Signatureof Authority......................................................................................... 24 LineItem Pricing.................................................................................................25 ParticipationClause............................................................................................26 (0)GEOGRAPHIC TECHNOLOGIES GROUP' off"MA Geographic Technologies Group (GTG) is a full-service GIS company with 20 years of experience that focuses on the needs of telecommunication companies and local government organizations. Our Vision360 team is versed in fiber management software, infrastructure management, data analytics, data management, data conversion, data creation, and data integration, in addition to training and best practice recommendations. GTG has assembled an excellent project team of fiber management experts for the City. This project will be managed by Dan Eglovitch, our Telecommunications Manager who has helped develop the Vision360 FMS tool that many local governments and companies are using to manage their fiber infrastructure. He will be advised by Matthew McLamb, Chief Technology Officer, who will oversee the turnkey implementation of the solution and ensure the fiber management system will meet the growing needs of the City. They will be joined by Marvin Rowe, Lead Programmer, and Jerry Swanson, Technical Analyst, who will provide software support. The assembled team has extensive experience in fiber management solutions. The proposed solution for the City of Rancho Cucamonga, The VisionFMS tool, is an ESRI based fiber management system. Being in an ESRI environment has huge advantages. It integrates different workflows of tracking your fiber network by centralizing the location, splicing, and attribution information. All of the CAD files for the layout of the fiber network, the Excel files for splicing, and the Word documents for attribution, have a centralized location in a geodatabase. When that information is entered into our FMS system, the City can view the locations of the fiber infrastructure, look at splicing diagrams and CWDM/DWDM information, find out circuit information, do network circuit traces and OTDR traces, calculate a bill of materials, track conduit, and create map books, all through ArcMap using our VisionFMS extension. The VisionFMS extension is used by various Tier 3 municipal fiber and local government broadband organizations. Some customers may only want to track a backbone local government broadband, or on the other hand, we have customers who manage their 30,000 -subscriber network through the tool. The solution is scalable to fit the City's needs. It provides a platform to track your local government broadband, and eventually a tool that can manage your Fiber to the Home Network. Additionally, we have customers who use the tool the tool for prospective network designing to calculate infrastructure costs for new build outs. It provides a great way to perform a bill of materials calculation on a new fiber build out. The VisionFMS ArcDesktop Extenstion perfectly fits the needs of the City. It provides a great way of tracking your local government broadband information. As the network grows, the FMS provides a powerful platform to manage your growing assets. Along with tracking all service points, fiber cables, and network devices, the City will have the ability to track circuit connections from the Headend all the way to the service point. VisionFMS is a complete solution, giving the City of Rancho Cucamonga a full view of the network, "Akin m rAhs isimwrA 2 (0)GEOGRAPHIC TECHNOLOGIES GROUP' experience Company History 600+ Years In 11+ Satisfied 20Business National Clients Awards Number of years in business GTG has been providing superior GIS solutions for twenty years. The firm's service commitment to customers GTG is fully committed to serving our customers. We have over 600 clients and pride ourselves on our 100% client satisfaction. Over the past twenty years we have developed detailed project management plans to ensure that we have methods in place for project communication, weekly and monthly project reports, and we are committed to providing products and services on time and within budget. if the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services GTG is not and never has been involved in any pending litigation that would affect our ability to provide the proposed solution or ongoing maintenance of products or support. State whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. GTG is a Sub -S Corporation that was incorporated on July 11, 1997 in the State of North Carolina. Geographic Technologies Group leads the way Geographic Technologies Group® (GTG®) has a history of providing superior GIS solutions and support to organizations throughout North America. GTG has provided GIS services to local governments for 20 years. In the past 5 years we have amassed 13 clients using our Vision360 FMS tool ranging from local government, municipalities, to private industry. We have multiple local government accounts letting us understand the needs for your organization. GTG is here every step of the way to help manage your fiber network. Conceived and organized specifically to assist local government with planning, designing, and building award-winning GIS solutions, GTG understands that GIS is not an add-on discipline; it requires a comprehensive and planned approach. GTG is comprised of 30 employees and continuing to grow. 2 Page 374 With 20 years of experience, GTG is a full-service GIS company that focuses on the needs of telecommunication companies and local government organizations. Our Vision360 team is versed in infrastructure management, data analytics, data management, data conversion, data creation, and data integration, in addition to training and best practice recommendations. Our Customers GTG has a mix of government and private customers. A few of them include: • Municipal Fiber- OMU, JEA, Wilson, BOLT, Morristown • Local —START Communications, City of Hudson OH, viNGN • Private- Altech Our Business Partners GTG and ETI have been working together for years on various projects. ETI offers a premier billing and provisioning system for telecommunications organizations around the world with clients such as Cincinnati Bell, Frontier Communications, Spark, TDS, and Windstream. We Understand Local Government GTG offers an inclusive and insightful understanding of local government operations and has a cadre of experts representing all areas of local government: planning, infrastructure, land management, public safety, and information technology. GTG has worked with local governments across the United States and Canada to evaluate existing practices and design optimum GIS solutions. We Assess, Design and Plan GTG delivers optimal solutions developed only after carefully analyzing needs, budget, goals, and resources. The Return on Investment standards ensure that our clients can evaluate the costs of implementation and set priorities. Our project methodology is unique to the industry. When it's time to implement your project, GTG will develop a framework that ensures hardware, software, data storage, best practices, responsibilities, and standards are clearly defined. GTG strives for continuous improvement and client satisfaction by building feedback collection methods into all project plans. Key Personnel The senior project management and technical staff to be assigned to the City will be Matthew McLamb, Project Advisor, Dan Eglovitch, Project Manager, Marvin Rowe, Lead Programmer, and Jerry Swanson, Software Support. We deliver onsite training with the FMS product, with the goal to have your organization take ownership of the tool. Additionally, we offer 24/7 support for all of our software products. 3 Page 375 GIS- Related Awards and Honors GTG is an award-winning GIS company receiving a multitude of honors and awards. • Esri's 2018 Cornerstone Partner Recognition Award • Esri's 2017 Best Citizen Engagement Award • Esri's 2016 Special Achievement in GIS Awa rd • Esri's 2012 Special Achievement in GIS Award • Esri's 2011 International Award for Mobile Applications • An Esri Business Partner of the Year • URISA and American City and County Excellence Award in GIS • URISA Exemplary Systems in Government Award • Herb Stout Award for Exemplary Use of GIS Technology in Local Government 30+ professionals with extensive knowledge and commitment to all aspects of the project GTG's project success is based on our significant expertise in all aspects of GIS. GTG's project team will be comprised of GIS professionals that are subject matter experts, and additional support staff to ensure the success of the primary project team. GTG's primary project team will draw from over 40 combined years of experience in fiber management, data integration, innovative geospatial solutions, as well as new and exciting developments in mobile technology, cloud -based services, and software as a service. GTG is committed to offering services on-time and within budget. GTG is dedicated to complying with any and all regulations, by-laws and disciplines set by the City and any other governing bodies applicable. GTG's Federal Tax Identification Number is 56-2038173. Esri Experts GTG is the leading local government Esri expert. We were the first Esri Business Partner to achieve the following distinctions: Esri Gold Partner, Esri ArcGIS Online and the ArcGIS for Local Government specialties. We are also recognized as an Esri Cornerstone Partner. As a group of Esri technologists, we are experts in the entire Esri suite of software. Our team works with Shapefiles, Coverages, Personal File, and Enterprise Geodatabases. We have extensive experience with Esri's Spatial Database Engine (SDE) to include versioning and are Microsoft SQL experts and a Microsoft Gold Partner. Our team utilizes a variety of peripherals to include plotters and scanners. ArcGIS for ArcGIS Onlino Local Govarnmarrt ;ii Specialty Spec ial ty rd Page 376 Telecommunications/Fiber Management Software GTG offers a turkey, enterprise -wide solution for telecommunications departments. ArcGES Online Fiber Management Analytics Dashboard System Esri's Enterprise License Agreement and ArcGIS Online A fiber management solution that utilizes Esri's Enterprise License Agreement (ELA) and an entire suite of software, including Internet and Intranet Solutions, the Mobile Collector Application, the Interactive Dashboard Application, Esri's Story Maps, Esri's Maps and Apps, and custom widgets. Fiber Management System Our Fiber Management System (FMS) allows you to design, manage, and edit your fiber network. Digitally create your assets- such as head -ins, remote hubs, fiber cables, enclosures, and more- while managing their connectivity through GIS technology. Find underground assets, manage your cable splicing and device management for connectivity of fibers, generate splicing matrixes, and more with our technologically advanced system. Analytics Our analytics software allows you to visualize your fiber network; reach into your multiple business systems, visualizing them through one interface. Geographically locating inventory alarms, work orders, service orders, customer data billing, and visualizing data to analyze trends for marketing purposes are just a few examples of the many uses of our analytic softwa re. Dashboard 360 Our ultimate charting and analytical tool, Dashboard 360 is designed for an operational view of all telecommunications data. Our Dashboard 360 is browser and smart device compatible. Bar charts, pie charts, column charts, and more- all laid out on a dashboard that can display any metric. From a marketing standpoint, Dashboard 360 enables the viewer to understand data such as customer turnover rate by month, or average revenue by district, even the number of opened and closed work orders per day by each of your technicians. 5 Page 377 evision360 Offering solutions for both Telecommunications Organizations and Local Government, Vision360's FMS, Analytics, and Services provide the perfect fit for managing an organization's Fiber Network, from the design and management of the infrastructure to providing real time analytics of the minute -to -minute operations of the network. A Fiber Management System for Local Government From small municipalities to large county organizations, we have a scaled, cost-effective solution that allows you to manage and maintain your fiber network. Vision360 FMS simplifies management of municipal fiber networks by consolidating fiber system design, asset inventory deployment, strand assignments, and connectivity into a single easy to use wizard driven application. By creating a centralized management system, Vision FMS enables ease of access and shareability of network infrastructure when needed. Vision FMS also allows municipalities interested in leasing portion of their unused infrastructure to easily track such utilization. Features Service Location Management -Track and Manage Critical Infrastructure Connectivity — Police, Fire, Utilities, etc. *Management of Service Termination Points *Configure Attributes to Track Installation Dates and Contractors Network Infrastructure Management -View, Design, and Maintain Network Infrastructure *Manage Connection Information —Splices, Device Port Connections, CWDM and DWDM Utilization *Material Cost Estimation M Page 378 Device Inventory Management *Tracking Asset Deployment by Inventory Item Number, Install Date, Installed By, Last Inspection, Equipment Manufactured Date *Service Connectivity Tracing FMS Productivity Toolbox -Create, Edit, and Manage Fiber Records and Infrastructure -Custom Tailored Settings and Configuration -Naming Scheme Creates Unique IDs Strand Circuit Management *Manage Strand Capacity and Availability •Upstream/Downstream Circuit Tracing •OTDR Plotting (Optical Time -Domain Reflectometer) -Utilize the Cost Tool for Preliminary Design and Cost Estimates -Manage CWDM/DWDM Connections -View Splice Reporting ArcGIS Functions *Data Driven Pages for Creating Stake Sheets/Engineering Drawing -Easily Share OSP Data Throughout Organization •Automatically Glean Information from Supporting GIS Data Sources to Prepopulate Infrastructure Attribute FMS for Broadband A solution that will allow you to plan, design, manage, and maintain your fiber network, by taking care of your day-to-day fiber business operations. The power of Vision360 is its fully integrated management of OSP plant design, strand management and document management. Vision360 strives to eliminate pre-existing disparate databases and syncronization issues. The integrated Vision FMS solution stores detailed network components and service location information data into a single, real-time repository. With Vision FMS, once the fiber network is engineered and constructed, services may be sold, activated, billed, managed, and monitored by simply activating other software modules within the Vision360 suite. Features Service Location Management •FTTX — Fiber to the Home, Business, or other Premise *Store and Track Demographic Information for FCC and RUS Reporting, Marketing Initiatives, and ROI Analysis -Service Termination Device Management -Document Association — SLA Agreements, Installation Diagrams, Easement Documentation, etc. 6 Page 379 Outside Plant Maintenance *View, Design, and Maintain Network Infrastructure *Manage Connection Information —Splices, Device Port Connections, CWDM and DWDM Utilization *Material Cost Estimation Prospect Tracking *Record and Store Details about Prospective Customer Locations *Monitor Locations Passed and Locations Actively or Previously Serviced •Configure Attributes to Track What's Important Device Inventory Management *Tracking Asset Deployment by Inventory Item Number, Install Date, Installed By, Last Inspection, Equipment Manufactured Date -Service Connectivity Tracing FMS Productivity Toolbox *Create, Edit, and Manage Fiber Records and Infrastructure -Custom Tailored Settings and Configuration *Naming Scheme Creates Unique IDs Strand Circuit Management -Manage Strand Capacity and Availability •Upstream/Downstream Circuit Tracing •OTDR Plotting (Optical Time -Domain Reflectometer) *Utilize the Cost Tool for Preliminary Design and Cost Estimates *Manage CWDM/DWDM Connections -View Splice Reporting ArcG1S Functions •Data Driven Pages for Creating Stake Sheets/Engineering Drawing -Easily Share OSP Data Throughout Organization -Automatically Glean Information from Supporting GIS Data Sources to Prepopulate Infrastructure Attribute Page 380 An Indispensable Platform Vision FMS was designed and built to empower local government municipalities to design, manage, and monitor their Fiber Network by providing a comprehensive yet user friendly tool set. This makes it easy to create and disseminate information to support day-to-day operations throughout the entire organization. Mmi �►� ,� 1 Page 381 Third -Party/ subcontractors GTG will not be using any subcontractors for this project. J LU I 1 Biographie (0)GEOGRAPHIC TECHNOLOGIES GROUP MATTHEW B • � i Mr. Matthew McLamb has been employed with GTG for nearly ten years and has extensive experience with fiber management systems and has advised on several telecommunications/fiber projects. He is involved in version editing, geodatabase design, and geocoding. He oversees Vision360 FMS implementations. He is involved in recommendations for fiber management and provides technical guidance on conversion and migration projects. He also has experience with ESRI's ArcGIS Online solution and ESRI's Local Government Information Model (LGIM) for organizations. Mr. McLamb has deployed various ArcGIS Online solutions such as the Flex Viewer for ArcGIS, Story Maps, the Collector Application, and is participating in the beta program for the new HTML5 based Web App Builder with ESRI. Mr. McLamb understands how ArcGIS Online and ArcGIS for Server integrate with existing systems and workflows. Mr. McLamb has also conducted numerous training sessions in regards to GIS best practices, GIS implementation, and GIS software use. KEY EXPERIENCE I ® Provides Oversight for Fiber Management Software Implementations ® Database Development and Management ® GIS Data Conversion and Data Migration ® Assisted with Hundreds of GIS Implementations Integrated Multiple Enterprise Systems with GIS Geodatabase Design ® Provides GIS Training for All Levels of Expertise ® Builds and Maintains Geometric Networks ® Extensive Experience with ArcGIS Online and ArcGIS Enterprise ® GIS Modeling and Analysis SIMILAR LI I PROJECTS ® Owensboro Municipal Utilities (OMU) — Served as an Esri technical resource and provided versioning control for the conversion and creation of a pilot area utilizing Vision FMS for network connectivity, design and fiber management ® START Communications— Oversaw the deployment of Vision FMS software ® BOLT Fiber— Oversaw the deployment of Vision FMS and Analytics to assist with the build out of the existing and future fiber networks in a GIS environment ® viNGN — Virgin Islands Next Generation Network- Served as an Esri technical resource and performed server configuration for the complete data conversion of the existing viNGN network • Jackson Energy Authority (JEA) — Provided project oversight and served as an Esri technical resource for the migration of a 30,000 -subscriber network from ArcFM to VisionFMS Page'A5 919.759.9214 ext. 1281 deglovitch@geotg.com As Telecommunications Manager, Mr. Dan Eglovitch has expanded GTG's presence in the telecommunications industry, by securing key partnerships and managing fiber software projects. He has developed the Overture FMS and Vision FMS software as part of the Vision360 Suite. He has been instrumental in helping local governments expand theirfiber infrastructure by mapping theirfiber and identifying analytical trends and relationships. He deploys their network information into a GIS and maintains that information in one turnkey solution. He also has experience creating and maintaining location type databases, utilizing QGIS and ArcMap, digitalizing location data, and maintaining QA/QC procedures for all projects. He has performed data migration for clients, moving their data to Overture or Vision FMS. Mr. Eglovitch manages telecommunications accounts, providing product support such as troubleshooting, issue resolution, and training clients on how to use FMS, Analytics, and tracking features. KEY EXPERIENCE ® Manages Client's Fiber Infrastructure and Assets ® Manages Spatial Locations for Fiber Networks ® Displays Fiber Network Information into a Consolidated GIS Solution • Expert in Tracking and Analytics for Fiber Management Software ® Converted Client's FTTH Network from CAD to GIS ® Provides Troubleshooting and Product Support e Expert in Data Conversion and Migration ® Deploys ArcGIS Software * Provides Training to Clients on the Vision360 Suite of Software ® Integrates Existing Systems with GIS SIMILAR PROJECTS ® Owensboro Municipal Utilities (OMU)—Project Manager, completed the conversion and creation of a pilot area utilizing Vision FMS for network connectivity, design and fiber management and trained OMU staff ® START Communications— Deployed Vision FMS software and assisted with training and implementation of a fiber design area to provide Fiber to the Premise (FTTP) for commercial and residential customers ® BOLT Fiber— Deployed Vision FMS and Analytics to assist with the build out of the exictina anri h iti irc, fihor nPI-Minrkc in a r;IC onwirnnrnoni ® viNGN — Virgin Islands Next Generation Network — Performed a complete data conversion of the existing viNGN network. Deployed Vision FMS tool and a web and mobile map viewer, as well as Vision Analytics to consume the fiber data and subscriber information on a map. ® Jackson Energy Authority (JEA) -- Migrated a 30,000 -subscriber network from ArcFM to VisionFMS PageA6 111',Zlilll 01 t %� Mr. Marvin Rowe is an Information Technology professional with proven success as a designer, developer, architect, and consultant. His services have been utilized by the IRS, Dell, and other large organizations. He has experience in all areas of technology development and programming to include ArcGIS administration and appropriate security using appropriate scripts and APIs from Esri with necessary customization. He also has experience with on -premise servers, server roles, server configuration with workload separation, capacity management, and autoscaling, and network connections. He has experience with fiber management systems and has designed hundreds of miles of FTTH network and deployed and tracked all assets for GTG clients. He has converted client's FTTH network from CAD to GIS and has experience designing and maintained SQL Server, Oracle, Access, Sybase, VSS and TFS databases Mr. Rowe has also developed and implemented numerous web -based applications, while enhancing their security He produces technical specifications reports, establishes coding/design standards and completes back-up procedures, replication, and disaster recovery. KEY EXPERIENCE/TECHNICAL SKILLS The following summarizes Mr. Rowe's technical areas of expertise: ® VB.Net ® XAML e RabbitMQ eC# ®XML ®SQL ® ASP.Net e XSLT e HQL ® ADO.Net ® HTML e EF ® CSS e XHTML + POS ® MVC e JavaScript e SSMS e MVVM ® jQUery ® SSIS ® WPF e AD ® SSRS e WCF e LINO, ® Crystal SIMILAR PROJECTS ® BOLT Fiber —Automated RUS/FCC 477 Reporting—Created automated reports of service information per different geographic boundaries e viNGN — Virgin Islands Next Generation Network —Assisted with the data conversion of the existing viNGN network. Helped deploy Vision FMS tool and a web and mobile map viewer, as well as Vision Analytics to consume the fiber data and subscriber information on a map e Jackson Energy Authority (JEA)—Helped create workflows to put JEA ONT alarms on a map ® Morristown Utility Systems (MUS), FiberNET—Automated RUS/FCC 477 Reporting Created automated reports of service information per different geographic boundaries Pagel JERRY BS z Mr. Jerry Swanson has been employed with GTG for five years and has extensive experience with fiber management software, Overture FMS, and Vision FMS. He has performed data conversion for fiber management projects. Using the Vision FMS tool, he moves all inventory, splicing, and network connectivity to a GIS database. He also deploys web and mobile map viewers and Vision Analytics to consume the fiber data and subscriber information on a map in the ArcGIS Server environment to allow clients to manage and maintain their fiber network. Mr. Swanson has experience converting CAD data to GIS and to fiber specific GIS geodatabases. He also has experience with GIS software including ESRI's ArcGIS Online solution, ArcGIS Server, Portal for ArcGIS and ESRI's LGIM for local government organizations. Mr. Swanson has been the lead technical analyst for the numerous GIS projects including Greenville Utilities, and Morristown, TN among others. Mr. Swanson has deployed various ArcGIS Online solutions and understands how ArcGIS Online and ArcGIS for Server integrate with local government systems and workflows. KEY EXPERIENCE R4 ® Extensive Experience Implementing Fiber Management Software ® Data Creation and Conversion Geodatabase Design ® Server and Network Administration Tools, Procedures, Scripts, etc. Including Back -Up Procedures, Replication, and Disaster Recovery ® Working Experience with Esri Managed Cloud Services (FMCS) and On -Premise GIS Server Software ® Expert in ArcGIS Server Enterprise 10.5 and Desktop ArcGIS software ® Integrated Multiple Enterprise Systems with GIS ® Technical Documentation Creation ® CAD to GIS Conversion (Safe Software FME) SIMILAR PROJECTS • Owensboro Municipal Utilities (OMU) — Assisted with the conversion and creation of a pilot area utilizing Vision FMS ® START Communications — Deployed Vision FMS software • BOLT Fiber— Deployed Vision FMS and Analytics to assist with the build out of the existing and future fiber networks in a GIS environment ® viNGN — Virgin Islands Next Generation Network — Performed a complete data conversion of the existing viNGN network. Deployed Vision FMS tool and a web and mobile map viewer, as well as Vision Analytics to consume the fiber data and subscriber information on a map • Morristown UtilltySystems (MUS), FiberNET— Re -digitized and captured all splicing information from the existing CAD environment to a fiber specific GIS geodatabase (Vision FMS) to effectively manage fiber connections Page A68 Proposal Response proposal response Geographic Technologies Group understands the City of Rancho Cucamonga is looking for fiber management software to meet the growing demands of the City and their expanding fiber network infrastructure. GTG proposes our Vision360 Fiber Management System (FMS) to meet the City's fiber needs. VisionFMS is used by local government broadband, as well as Tier 3 and community owned fiber organizations. We have customers who use VisionFMS to track their backbone internet, which connects different government facilities (START Communications — Ontario Canada, and VINGn — Virgin Islands). Additionally, we have customers who tracktheir Fiberto the Home (JEA—Jackson TN and BOLT Fiber Optics — Vinita Oklahoma.) In between we have customers who are transitioning from a little over 1,000 customers, to 5,000 customers (Owensboro Municipal Utilities — Kentucky). Lastly, we have customers who use the tool for prospective network design (Greenlight). What this means is that our solution is scalable. Whether you only want to track your backbone, or track your FTTx assets, VisionFMS can do it all. We offer 24/7 support as well as any GIS services the City will need to successfully manage the fiber network GIS. VisionFMS is an ArcDesktop add in application, you access the tool right through ArcMap. Being in a GIS environment means it is a centralized place to store fiber information. Splicing, location, circuit information and attribute information are all stored in our VisionFMS GIS system. It removes the need for disparate systems. Generally, we have found location data stored in PDFs, splicing stored in Excel, and attribute information stored in CAD. VisionFMS puts all these different workflows into one system. Additionally, in ArcMap you can bring in CAD data to convert the data over into GIS. The ability to bring in CAD data directly onto a map speeds up design time. Further, you can leverage your pre-existing GIS data against the system. By using spatial overlays, you can prepopulate address, parcel, and street centerline data against the VisionFMS fiber features. This can speed up design time. VisionFMS utilizes the E 8 ®�lmltrs E ® .SK" �.aani.dr�ne Gtl�T7pe ®QMdU*kP.J­ e®FI-PA. ■ eeCol." ESRI geodatabase model which also provides a centralized place to store the fiber data. Fiber Cables, Fiber Hubs, Conduit, Service Locations, and Vaults all store in one geodatabase. With the use of enterprise geodatabases, VisionFMS can be accessed by anyone in your organization that has access to ArcMap. Additionally, VisionFMS supports versioned editing allowing multiple map editors. The inventory of the fiber features can be specially customized to the City. The Fiber Cables, Fiber Hubs, Conduit, and Vaults are the specific items found in your network. We tie a unit cost to each item, so you can monetize areas of your network. This is where one of our two toolbars comes into play. One is a project management toolbar, which compartmentalizes the network into geographic areas. You can classify a section of the network as "existing", "in progress", or "proposed". Projects can be different subdivisions, different neighborhoods of a city, etc. 15 Page 390 Each project can have a calculation of the bill of materials, so you can calculate the material cost of an expansion of the network right through ArcMap. As mentioned in the project scope, tracking conduit is a vital operation for the City of Rancho Cucamonga. In VisionFMS, you can add conduit right to the map. This conduit inventory is specific to each organization and VisionFMS tracks the unit cost of the items. The user has the ability to add conduit with or without a fiber cable. Visually, the City can view the availability of conduit right on the map. ,r. !,• w�ur.wv. . ,n.. sxz W.tr 4an.:, Crerhead iter Cable ' `Q Sado. Loops Geographic Technologies Group has received a lot of positive feedback from customers claiming the FMS tool is "intuitive and easy to use." The second toolbar is the main VisionFMS toolbar. With this toolbar you can add in the fiber infrastructure of your network (fiber cables, fiber distribution hubs, devices, etc). You can also access all attribute information, splicing information, circuit information, OTDR traces, upstream and downstream circuit tracing, and multiwave information all through the FMS toolbar. The splicing interface is very easy to use. Here you can add connections and cut connections to different cables or devices. The user can view diagrams of the splicing at any Headend, Remote Hub, Splice Enclosure, or Fiber Distribution Hub. The user can also export these diagrams as PDFs to share information across the organization. O.d t�tl�I.�Mt.�.O.1Y YY�i J flY.•ti! t� c.r w sem.r .Mwffi ti !el..,., J cm J J u.a.r•cw.� ( a..aw 16 Page 391 Each circuit in the system is tracked inside of the Circuit Information Panel inside of Connection Management. Here, it is easy to denote and identify fibers that are leased as dark fiber. Also, inside of the Circuit Information Panel, each circuit gets a disposition status as "Dead" or "Available" depending on if the circuit is active. This makes it easy for the user to find available circuits in the network to help manage services. To show the connectivity of the network, using the trace tool, the user is also able to do a trace of the full circuit path all the way from the headend facility to the service location. This allows the user to see which customers are tied to each individual cable strand. The City will be able to find a specific section on a cable based on distance. All cable lengths are tracked in feet in the system, giving the user the ability to perform OTDR traces right through the system. In our latest product release we gave the system the ability to track multiwave fiber. Each strand can now be broken down by different wavelengths inside of Connection Management. -tl wwr SMI.• eplr..p! 4C,M! .y F. Y �1�•�.1 Mr1Y1 M iMf.��.l lry OM4�r�N 1�t•rtYt _ 11Ry_�!l����y d.I�.37V Y. yt 1 V!1 r.l1�11I CMMltIM QttOi NAtlls#wlt 11..lII Irw li. alet ttrl crtl.r All 4 rnrlat art .rtJ.trr urtr+Ir.I r..lw+rr w im i +saia owl taliftlttr gtlttw..rr tlwt,.u.sr .Mitts ___._.•___. � J ;,,`.� _ it tl4.aM V► <J. r.: I tYMP1Qr�tY.�.e. webi4'� II.Nv4�vVw�� Otpl� - MtUOt Sr.tJtM M I I �• � } —�.A.AMKi •. h1M^ WM'N �fa�a[t V �... �F.l�.th4/.A ywY zein t>4000I � VisionFMS is a powerful Fiber Management System. The program architecture and database design in an ESRI enterprise environment will give the City an advantage. Preexisting ESRI systems can be leveraged to use and share information across the organization, whether it be sharing fiber network data with the Engineering department, using ArcGIS Collector App to send redlines from the field, sharing splicing information to field crews, performing prospective cost estimation for Network design for Marketing departments, the tool has the ability to support the enterprise. All these abilities come from our intuitive and easy to use tools to help manage your fiber optic network. We believe that VisionFMS is the perfect fit for the City of Rancho Cucamonga. It provides everything the City needs for fiber management in one comprehensive solution and will be a way for the City to standardize its approach toward fiber management as it continues to grow and expand its use of fiber. 17 Page 392 EXHIBIT B SCHEDULE OF PERFORMANCE PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 16 Page 393 PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 17 Page 394 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) � F � POLICY NUMBER. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-0t 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 one 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: PSA with Professional Liability Insurance (non -design) Last Revised: 10/02/13 Vendor Initials Page 18 Page 395 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _RAI I L61 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations 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 If — 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 locations) desig- nated above. CG 2010 07 04 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. 0 ISO Properties, Inc., 2004 PSA with Professional Liability Insurance (non -design) Last Revised: 10102113 Page 1 of 1 ❑ Vendor Initials Page 19 Page 396 DATE: July 18, 2018 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 OF AMENDMENT NO. 010 AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC UTILITY INSTALLATION, INC. IN THE AMOUNT OF $165,025 FOR FISCAL YEAR 2018/19 AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $142,445 FROM THE MUNICIPAL UTILITY FUND FOR LINE EXTENSION IMPROVEMENTS LOCATED AT 12400 ARROW ROUTE AND STREET LIGHT IMPROVEMENTS LOCATED AT 9299 HAVEN AVENUE. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 010 authorizing an increase in the amount of $165,025 to Professional Services Agreement (CO#14-008) for Fiscal Year 2018/19 and to appropriate funds in the amount of $142,445 to Account 1705303-5309 (Contract Services/Electric Utility) from the Municipal Utility Fund (Fund 705). BACKGROUND: In 2014, the City of Rancho Cucamonga and Pacific Utility Installation, Inc. entered into a Professional Services Agreement (CO#14-008) to provide operation, maintenance and emergency repair support for the RCMU electrical distribution system. ANALYSIS: To accommodate the onsite electrical service extension cabling to the I PT Arrow Route project located on the north side Arrow Route between the 1-15 freeway and Etiwanda Avenue, the installation of equipment and transformers is required to interconnect to RCMU's existing infrastructure. Staff received and reviewed two bids in accordance with the requirements of the project and found PUI to offer the best value to the City with the lowest most responsive proposal. The improvements will be paid for by the developer. FISCAL IMPACT: An appropriation in the amount of $142,445 from the Rancho Cucamonga Municipal Utility Fund (Fund 705) to Account No. 1705303-5309 (Contract Services/Electric Utility) is required to fully fund the project. COUNCIL GOAL(S) ADDRESSED: Not Applicable. Page 397 ATTACHMENTS: Description Amendment No. 010 Page 398 AMENDMENT NO. 010 to Professional Services Agreement (CO #14-008) between Pacific Utility Installation (hereinafter "Consultant") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 010 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 14-008, to incorporate the following: Modify contract amount to increase by $165,025 to complete necessary line extension improvements for the Arrow Route project and for street light improvements for the Residence Inn project. All other Ten -ns and Conditions of the original Agreement CO#14-008, will remain in frill 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 July 2, 2018. The City will process both copies for signature and provide Consultant with one (1) fully executed copy of the Amendment. Pacific ilit nstallation City of Rancho Cucamonga BY: �� By: Y arae Date Name Date .e BY: ame Date Title (two signatures required if corporation) Last Revised: 09/28/2012 Title By: Name Title Date Page I of 1 Page 399 DATE: July 18, 2018 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 Gianfranco Laurie, Senior Civil Engineer SUBJECT: CONSIDERATION OF THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19. RECOMMENDATION: Staff recommends that the City Council adopt the Fiscal Year 2018/19 Capital Improvement Program. BACKGROUND: Enclosed is the City of Rancho Cucamonga's Capital Improvement Program (CIP) for Fiscal Year 2018/19. The Cl P is required per Government Code 65401 to be adopted by the City Council. It consists of a multi-year plan for citywide infrastructure improvements. Each year, the City budgets for funded projects which will occur during said fiscal year. The CIP is a vital piece of the City's Annual Operating Budget as it dictates major capital expenditures obligated in any given year. The list of projects contained in the Cl P addresses both the City's long- and short-term capital needs. It identifies projects that reflect the desires of the community, as well as projects that serve operational and maintenance needs. The City's Engineering staff works with all Departments within the City to develop and implement an economically feasible C I P that embodies the City's public infrastructure needs. The C I P is the product of joint planning, taken from the City's General Plan, local residents, the business community, the local development community, and external government agencies. ANALYSIS: The projects in the CIP have been categorized by type of project (Beautification, Drainage, Facilities, etc.), which are in alphabetical order within each category. The individual project sheets include a short summary, cost, year funded, and a map showing the project location. The Fiscal Year 2018/19 Capital Improvement Program was also reviewed by the Planning Commission on May 23, 2018. At that meeting, the Planning Commission made a finding that the CI P is in conformance with the adopted City's General Plan. FISCAL IMPACT: Projects are funded from a variety of sources including Development Impact Fees, Measure I, Gas Tax, Page 400 and miscellaneous grants. There are 59 projects totaling just under $45,000,000 to be executed in the upcoming fiscal year. Apart from the 59 projects previously identified, 17 projects just over $28,000,000 are identified as future and unfunded. COUNCIL GOAL(S) ADDRESSED: The proposed CIP will enhance the City's construction of needed Capital Improvements. ATTACHMENTS: Description Attachment 1 - Government Code 65401 Attachment 2 - FY2018-19 C I P Attachment 3 - General Plan Policies position as the premier community in our region through Page 401 Government Code 66401. If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. ATTACHMENT 1 Page 402 Fiscal Year M812019 Capital Improvement Program Presented by: City of Rancho Cucamonga Engineering Services Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Tel: 909.477.2740 Fax: 909.477.2741 www.cityofrc.us ATTACHMENT 2 Page 403 SUMMARY Categories Bud_peted Unfunded General Plan: Policv Reference A. Beautification ............................ (2) $ 550,000 $ - GP: CM-3.11,PS-12.7 B. Drainage ................................... (1) $ 150,000 $ - GP: CM -4.4 C. Facilities ................................... (12) $ 18,557,500 $ - GP: ED -3.1, PF -1.1, PF -1.4, PF -1.5 D. Miscellaneous ........................... (7) $ 935,000 $ - GP: CM -1.4, CM -2.1, CM -3.7, CS -6.3, LU -11.2, PS -12.4 E. Municipal Utility ...................... (6) $ 3,985,000 $ - GP: PF -1.4, RC -4.2 F. Parks ........................................ (8) $ 1,110,000 $ - GP: CS -1.8, PF -1.4 G. Railroad Crossings ................... (1) $ 40,000 $ - GP: CM -1.2, CM -4.4 H. Streets ...................................... (13) $ 13,206,920 $ - GP: CM -1.1, CM -2.1, CM -4.4, ED -4.3 I. Traffic ....................................... (9) $ 6,373,410 $ - GP: CM -4.1, CM -4.2 TOTAL ................................ (60) $ 44,907,830 $ - J. Future & Unfunded Projects..... (17) $ 28,171,000 GP: CM -1.1, CM -4.4, ED -3.1, PS -12.4 Page 404 Page 405 CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2018/19 No. Project Fund Account Amount ($) A. Beautification 1 LMD 2 Water Conservation and Landscape Renovations LMD 2 11313035650/1787131-0 110,000 (Multi -Phased Project) 2 LMD 4R Water Conservation and Landscape Renovations LMD 4R 11343035650/1787134-0 440,000 (Multi -Phased Project) Beautification Funded Total: 550,000 B. Drainage 1 Cucamonga Storm Drain Upper Phase 3, e/o Hellman, Amethyst -19th St Measure 1 11763035650/1928176-0 150,000 Drainage Funded Total: 150,000 C. Facilities 1 Citywide - HVAC & Lighting Controls Capital Reserve 10250015650/1978025-0 400,000 2 Civic Center - Carpet and Reconfiguration Capital Reserve 1025001-5602 80,000 3 Civic Center- Waterproof/Planter Box Repair Capital Reserve 10250015650/1950025-0 50,000 4 Cultural Center - Celebration Hall Air -Wall Replacement Capital Reserve 1025001-5602 369,500 5 Cultural Center - Courtyard Redesign Capital Reserve 10250015650/1894025-0 200,000 6 Cultural Center - Loading Bay Capital Reserve 10250015650/1895025-0 35,000 7 Fire District - Banyan Station (175) Restrooms- ADA Compliance Project Fire Capital Projects 32885015650/1990288-0 50,000 8 Fire District - Public Safety Facility Fire Capital Projects 32885015650/1733288-0 11,400,000 Law Enforcement Reserve 10177015650/1733017-0 3,600,000 15,000,000 9 Fire District - Towne Center Station (178) Fire Capital Projects 32885015650/1645288-0 75,000 10 Fire District - Water Conservation Landscaping and Site Improvements Fire Capital Projects 3288501-5607 300,000 11 Lions East Community Center - Patio Fence Park Development 11204015650/xxxx120-0 20,000 12 Public Works Services Department - Warehouse Expansion Capital Reserve 10250015650/1927025-0 1,978,000 Facilities Funded Total: 18,557,500 D. Miscellaneous 1 9th St along north side west of Vineyard Ave - Sidewalk Improvements Citywide Infrastructure 11983035650/1808198-0 78,200 Safe Route To School 12343035650/1808234-0 90.800 169,000 2 ADA Ramps at Various Locations Gas Tax RT7360 11743035650/1150174-0 150,000 Measure 1 11773035650/1150177-0 100.000 250,000 3 Arrow Rte and Rochester Ave, N/E Corner - Animal Exercise Yard Improv. Park Development 11204015650/1955120-0 80,000 4 Base Line Rd Utility Underground Underground Utilities 11293035650/1776129-0 75,000 5 Citywide Concrete Repair Measure 1 11773035650/1991177-0 100,000 6 Etiwanda Depot -Parking Lot Improvements Community Dev Block Grant 12043145650/1389204-0 141,000 7 Milliken Ave Underpass - Sidewalk Expansion Capital Reserve 10250015650/1977025-0 120,000 Miscellaneous Funded Total: 935,000 E. Municipal Utility- Electrical & Fiber Optics 1 6th Street from Utica Avenue to The Vine - Electric Line Extension Municipal Utility 17053035650/1967705-0 885,000 2 City Hall East Parking Lot - Line Extension Municipal Utility 17053035650/1986705-0 150,000 Page 405 3 Haven Avenue at 6th St - Street Light Installation Municipal Utility 17053035650/1948705-0 25,000 4 Rancho Cucamonga Fiber Optics Network Fiber Optic Network 17113035650/1910711-0 2,000,000 5 Residential Smart Meter Replacement Municipal Utility 17053035650/1987705-0 125,000 6 Utica AveAth St - 6th St - Line Extension Municipal Utility 17053035650/1968705-0 800,000 Municipal Utility Funded Total: 3,985,000 F. Parks 1 Central Park - Master Plan Environmental Review Park Development 11204015650/1660120-0 250,000 2 Etiwanda Creek Park - Phase II Park Development 11204015650/1664120-0 75,000 3 Heritage Park -Bridge Replacements PD 85 18483035650/1963848-0 30,000 4 Heritage Park -Equestrian Main Arena Refurbish PD 85 1848303-5607 25,000 5 LMD 9 Garcia Park - LED Ballfield Lights LMD 9 11393035650/1981139-0 500,000 6 Los Amigos Park - Tubular Steel Fencing Park Development 1120401-5607 150,000 7 Old Town Park - Sports Lighting Replacement LMD 1 1130303-5607 50,000 8 Olive Grove Park - Drainage CFD 2000-03 18682035650/1979868-0 30,000 Parks Funded Total: 1,110,000 G. Railroad Crossings 1 Arrow Route @ Railroad Spur - New Concrete Panels Gas Tax RT7360 11743035650/1819174-0 40,000 Railroad Crossings Funded Total: 40,000 H. Streets 1 Archibald Widen-N/O Sunflower Beautification 11103165650/1945110-0 187,000 2 Base Line Rd at 1-15 Interchange Transportation 11243035650/1361124-0 140,000 SAFETEA-LU 12093035650/1361209-0 600,000 Prop-1B-SLPP 12113035650/1361211-0 19,920 759,920 3 Bus Stop Pads at Various Locations Gas Tax R&T 7360 11743035650/1823174-0 11,000 Ped Grant/Art3 12143035650/1823214-0 43,000 54,000 4 Civic Center/Courthouse - Pavement Rehabilitation Law Enforcement Reserve 10177015650/1959017-0 30,000 5 Etiwanda Ave Grade Separation Project SB -1 TCEP 11813035650/1922181-0 7,850,000 6 Foothill Blvd from Grove Ave to San Bernardino Rd - Street Improvements Gas Tax R&T 7360 11743035650/1964174-0 50,000 7 Foothill Blvd from Milliken Ave to Freeway 1-15 - Pavement Rehabilitation Measure 1 11773035650/1985177-0 60,000 8 Haven Ave from Church St to Base Line Rd - Pavement Rehabilitation Road Maint & Rehab 11793035650/1130179-0 500,000 9 Hermosa Ave from Banyan St to 300' North Wilson Ave - Pavement Rehab Road Maint & Rehab 11793035650/1815179-0 266,000 10 Hermosa Ave north of Foothill Boulevard to Church St - Street Widening Beautification 11103165650/1976110-0 350,000 Gas Tax R&T 7360 11743035650/1976174-0 150,000 500,000 11 Highland Ave from Archibald Ave to Haven Ave - Pavement Rehabilitation Road Maint & Rehab 11793035650/1960179-0 600,000 12 Local Street Pavement Rehabilitation at Various Locations Measure 1 11773035650/1022177-0 1,200,000 (Design and Construction) 11793035650/1022179-0 1,000,000 2,200,000 13 Youngs Canyon Rd -Extension from Koch Place to Cherry Ave AD88-2 18132035650/1601813-0 150,000 Streets Funded Total: 13,206,920 I. Traffic Page 406 I 6th @ Hellman - Traffic Signal Installation Transportation 11243035650/1957124-0 660,000 2 Advance Traffic Management System- Phase I Transportation 1124303-5650/1982124-0 3,159,250 3 Base Line Rd @ Lion St- Ped Overhead Beacon Installation Citywide Infrastructure 11983035650/1921198-0 60,000 4 East @ Highland - Traffic Signal Installation Transportation 11243035650/1958124-0 625,000 5 Green Bike Lanes & Safety Enhancements AB2766 11052085650/1952105-0 725,500 6 Milliken Ave -Upgrade Left Turn Phases Transportation 11243035650/1989124-0 112,500 7 Southwest Cucamonga - Class I Bike Trail AB2766 11052085650/1953105-0 611,160 8 Terra Vista Parkway @ Spruce - Safety Lighting Installation SLD 4 11543035650/1902154-0 120,000 9 Traffic Signal Battery Back -Up Replacements Equip/Veh Replacement 17120015650/1980712-0 150,000 Gas Tax R&T 7360 11743035650/1980174-0 150.000 300,000 Traffic Funded Total: 6,373,410 J. Future & Unfunded Projects 1 4th Street from Haven Ave -Milliken Ave- Pavement Rehabilitation Measure 1 11773035650/1983177-0 500,000 2 6th St at BNSF Spur Crossing west of Etiwanda Avenue Unknown xxxxxxxxxxx/1839xxx-0 16,953,000 (Future Grade Separation) 3 Amethyst Ave from Hillside Rd to FCD Stockpile Area Pavement Rehabilitation Gas Tax R&T 7360 11743035650/1724174-0 250,000 4 Banyan Ave from Haven Ave to Rochester Ave Pavement Rehabilitation Measure 1 11773035650/1984177-0 550,000 5 Central Park - Trail Head Improvements Park Development 11204015650/1871120-0 1,890,000 6 Day Creek: Upgrade LT Phases Transportation 11243035650/1956124-0 112,500 7 Deer Creek Channel - Distribution Extension Municipal Utility 17053035650/1988705-0 0 8 Distribution System Automation Municipal Utility 17053035650/1916705-0 250,000 9 Etiwanda Ave - Line Extension Municipal Utililty 17053035650/1885705-0 602,500 10 Foothill Blvd - Decorative Streetlight Reorganization SLD 1 11513035650/xxxx151-0 0 11 Haven Ave from Wilson to Vivienda - Community Trail West Side Beautification 11103165650/1829110-0 150,000 12 Lemon Ave from Archibald to Haven - Pavement Rehabilitation Unknown xxxxxxxxxxx/1793xxx-0 430,000 Related to Lemon storm drain 13 LoanMart Stadium - Field Renovation Sports Complex 1700312-5607 175,000 14 Milliken Ave from 210 Freeway to Banyan St - Pavement Rehabilitation Unknown xxxxxxxx/xxxxxxx-0 497,000 15 Paul A. Biane Library - Second Story Project Unknown xxxxxxxxxxx/1867xxx-0 4,250,000 16 Rochester Ave from 6th St to Arrow Rte - Pavement Rehabilitation Measure I 11773035650/xxxx177-0 611,000 17 Rochester Ave from Base Line Rd to Banyan St - Pavement Rehabilitation Measure 1 11773035650/1935177-0 150,000 Road Maint & Rehab 11793035650/1935179-0 800.000 950,000 Future & Unfunded Total: 28,171,000 Page 407 Beautification Typical Beautification projects include parkway landscape, median islands, plant material replacement, community trail landscape and open space preservation. The City strives to plan and budget for projects that exemplify Rancho Cucamonga's aesthetic standards, particularly in areas of the City that are older and undergoing rehabilitation. Many Beautification projects bring these areas into alignment with the rest of the City. The City adheres to a Xeriscape policy in all of its plant material selection, ensuring current water conservation standards, as well as the adaptability of plants, trees, flowers and shrubs to Southern California's warm and dry climate. This practice helps to reduce ongoing maintenance and irrigation costs. The Beautification Fee Program was discontinued in 2014 and fees are no longer being collected. Current and future projects will utilize these funds until the remaining fund balance has been depleted. Project List & FY 2018-19 Expenditures 1 LMD 2 Water Conservation $ 110,000 2 LMD 411 Water Conservation $ 440,000 $ 550,000 A Sources of Funding for FY 2018-19 $110,000 Aga 4110$!44n,000 LMD 4R LMD 2 Page 408 Project Number: JL Key: 1787 Object: 5650 District: 3 LMD 2 Victoria - Water Conservation/Landscape Renovation Project Location: LIVID 1 'A'— fl --JI : r -PROJECT, LOCATION Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia Description: Continuation of F Justification: Appropriation carried over from FY 17/18. Reduce water usage and labor costs to irrigate and maintain landscaping in LIVID 2 Demonstrate to public that draught tolerant landscaping is aesthetically pleasing and easy to maintain. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $100,000 $0 $0 $0 $0 $100,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $10,000 $0 $0 $0 $0 $10,000 Total Costs: $0 $110,000 $0 $0 $0 $0 $110,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL LIVID 2 (131) $0 $110,000 $0 $0 $0 $0 $110,000 Total Costs: $0 $110,000 $0 $0 $0 $0 $110,000 Impact on Operations: Reduced water usage. Reduce irrigation and maintenance time and costs required at renovated sites Al Page 409 Project Number: JL Key: 1787 Object: 5650 District: 3 LMD 4R Terra Vista - Water Conservation/Landscape Renovation Project Location: LMD 413 Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia Description: Continuation of previous years' turf removals and replacement with drought tolerant landscaping. Justification: Appropriation carried over from FY 17/18. Reduce water usage and labor costs to irrigate and maintain landscaping in LMD 411 Demonstrate to public that drought tolerant landscaping is aesthetically pleasing and easy to maintain. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $400,000 $0 $0 $0 $0 $400,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $40,000 $0 $0 $0 $0 $40,000 Total Costs: $0 $440,000 $0 $0 $0 $0 $440,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL LMD 411 (134) $0 $440,000 $0 $0 $0 $0 $440,000 Total Costs: $0 $440,000 $0 $0 $0 $0 $440,000 Impact on Operations: Reduce irrigation and maintenance time and costs required at renovated sites A2 Page 410 Drainage Drainage projects include the construction of new storm drains, storm drain lateral connections, flood control channels, catch basins, debris racks and other forms of infrastructure that protect the public right-of-way from hazards caused by flooding and severe weather events. Drainage projects are scheduled and planned due to the availability of funding, safety concerns, new development, and weather/emergency events. In extreme circumstances, inadequate drainage can prevent development from taking place. The City consults with many other agencies when constructing new drainage improvements, including utility companies, the Cucamonga Valley Water District, the San Bernardino Flood Control District and the Army Corps of Engineers, as needs dictate. Drainage projects are typically funded from Drainage Funds and eligible street funding sources such as Measure I or Gas Tax. Prosect List & FY 2018-19 Expenditures Sources of of Fundingfor FY 2018-19FY 2018-19 1 Cucamonga SD Upper phase 3, e/o Hellman; $ 150,000 Amethyst -19 st. j 15U,000 B Iftso $150,000 Measure I Page 411 Project Number: 800-2016-01 JL Key: 1928 Object: 5650 District: 1,2 Cucamonga Storm Drain Upper Phase 3, e/o Hellman Avenue, Amethyst Street -19th Street Project Location: East of Hellman Avenue, Amethyst Street to 19th Street Est. Construction Start/End: 04/2019 — 10/2019 Project Status: Under Design Department: Engineering Project Manager: Romeo David L�' 1I I x z 9 re�xnFe '� 5 -rcmLn.na..rx www. �� 3 aL,AL ti tv {orv�� lLEMEH� Pq IFIC E—YRIC iR QQE.$T -�- ��P�, ECT LO - � a.nryL sees S, OegE Lnae RO yq LI 5 ClH R�I i (R ao � �� nrtcni uew.r $ Description: Construct the Master Plan Storm Drain, install storm drain mainline, install catch basins, manholes, Laterals, curb and gutter, sidewalks and overlay the entire road with asphalt rubber hot mix. $0 $0 $4,119,670 $4,900,000 Justification: This project will improve the drainage problems within the area and enhance the traffic circulation, including the improvement of pedestrian safety. Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD Project Cost Estimate ($): General Drainage Fund (112) $350,000 $0 $0 $0 $0 $450,000 $800,000 Measure I Fund (176) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $143,690 $150,000 $0 $0 $0 $0 $293,690 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $300,000 $0 $0 $0 $0 $3,700,000 $4,000,000 Inspection & Administration $156,640 $0 $0 $0 $0 $49,670 $206,310 Contingency $30,000 $0 $0 $0 $0 $370,000 $400,000 Total Costs: $630,330 $150,000 $0 $0 $0 $4,119,670 $4,900,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL General Drainage Fund (112) $350,000 $0 $0 $0 $0 $450,000 $800,000 Measure I Fund (176) $83,950 $150,000 $0 $0 $0 $166,050 $400,000 Infrastructure Fund (198) $196,380 $0 $0 $0 $0 $3,503,620 $3,700,000 Total Costs: $630,330 $150,000 $0 $0 $0 $4,119,670 $4,900,000 Impact on Operations: Less routine maintenance thus freeing up maintenance crews to attend to other needed areas. In addition, the storm drain will allow for the flood zone designation to be changed for the residents and businesses in the area, and relieving the need for additional flood insurance. B1 Page 412 Facilities Projects that construct new buildings or that either improve, add on to, or renovate existing buildings and ancillary structures are typically classified as Facilities Projects. These projects ultimately result in new structures being added to the City's fixed facility inventory; however, some projects placed in this category are considered capital rehabilitation as they focus on the remodeling or restoration of existing facilities. The majority of these projects are funded via City Reserve funds. Major projects may qualify for state, federal and/or grant funding. Typical operating expenses for facilities include increases in staffing, building and systems maintenance costs, overhead expenses and utilities. Project List & FY 2018-19 Expenditures 1 Citywide - HVAC & Lighting Controls $ 400,000 2 Civic Ctr- Carpet and Reconfiguration $ 80,000 3 Civic Ctr-Waterproof/Planter Box Rpr $ 50,000 4 Cultural Ctr-Celebration Hall Air -Wall $ 369,500 Rplcmt 5 Cultural Ctr-Courtyard Redesign $ 200,000 6 Cultural Ctr-Loading Bay $ 35,000 7 Fire District -Banyan Station 175 $ 50,000 restrooms- ADA Compliance 8 Fire District -Public Sfty Facility $ 15,000,000 9 Fire District -Towne Center Station (178) $ 75,000 10 Fire District Water Conserv Lndscp $ 300,000 Renovation 11 Lions East Community Ctr-Patio Fence $ 20,000 12 PWSD-Warehouse Expansion $ 1,978,000 $ 18,557,500 C Sources of of Fundingfor FY 2018-19FY 2018-19 63 cnn nnn $20,000 $3,112,500 ■ Park Development Fire Capital Projects $11,825,000 Capital Reserve Law Enforcement Reserve Page 413 Project Number: JL Key: 1978 Object: 5650 District: 1,2,3,4 Citywide - HVAC & Lighting Controls Project Location: multiple City facilities (approximately 14 buildings) Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: Public Works Services Project Manager: Ty Quaintance Description: Design and installation of new interior and exterior lighting controls, along with HVAC controls, for all City buildings. Justification: The current lighting controls for the Civic Center were installed in 1989 and are obsolete. There is no manufacturer support for the current controls and some parts are no longer available. The same situation is true for Central Park, Lions East, Lions West and the Archibald Library. Out of date HVAC control systems are another problem at Clty Facilities. Since they are in use at the same time, this project's goal is a standardized HVAC and lighting system (preferably Wi-Fi) for all City Facilities. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $400,000 $0 $0 $0 $0 $400,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $4,200,000 $4,200,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $400,000 $400,000 Total Costs: Project Funding: Funding Source Capital Reserve (025) Total Costs: Impact on Operations: $0 $400,000 $0 $0 $0 $4,600,000 $5,000,000 Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL $0 $400,000 $0 $0 $0 $4,600,000 $5,000,000 $0 $400,000 $0 $0 $0 $4,600,000 $5,000,000 Once installed, the new HVAC and lighting control systems will have significantly reduced operational and maintenance requirements/costs compared to the present controls. All City facilities will use a standard system. C1 Page 414 Project Location: Civic Center Est. Construction Start/End: July/2018 —June/2019 Project Status: Design/Construction Department: PWSD/CSD/CMO/Finance Project Manager: Jeff Geith/Elisa Cox/Noah Daniels Project Number: JL Key: Object: 5602 District: 2 Civic Center - Carpet and Reconfiguration J LcJ CHAR gMIATA UR ON a rHEMLOON-ST �w L�pS rRE, Q Q P N `ORWICK=STJ g S 4 D.ST� _�.-L,--ST=I�`� f—V W~ } FOO'TH IL'L�Ly� MPSHIRW Z` �AEST F� a CI HALL DEYAN�&T+ RC POLI \5IO MIL _G.T CIYICCENTER=C LACER=3T ��, ¢ Y d a W '4R R/J.W RT.E RC_P:NIMP:L_CARE_ DOP-TION-CEN c4 4 � W n r� � a .afrAcornno LOCATION a srH=sT W •D z 9TH S Cq f Hll OL' -T -ALE Description: Prior Years: Replacement of carpet in the upper level rotunda area and main staircase (design only); reconfiguration of the Community Services Department's break and mail rooms (design only); reconfiguration of the Communications Division's offices to accommodate key Department staff (design only); and reconfiguration of the Finance Department's offices to accommodate the relocation of Special District's staff (design and construction). FY 2018/19: Construction of CSD rooms. Justification: Project carried forward from FY 17/18. The existing carpet in the rotunda area was installed in 1990 and has reached the end of its useful life. The reconfiguration of the Finance Department and Communications Division offices will provide space for key staff members to be more efficiently located to better serve internal and external customers. Reconfiguration of the Community Services Department's break and mail rooms will create dedicated work and break spaces for staff. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $39,600 $0 $0 $0 $0 $0 $39,600 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $65,000 $75,000 $0 $0 $0 $0 $140,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $5,000 $0 $0 $0 $0 $5,000 Total Costs: $104,600 $80,000 $0 $0 $0 $0 $184,600 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $104,600 $80,000 $0 $0 $0 $0 $184,600 Total Costs: $104,600 $80,000 $0 $0 $0 $0 $184,600 Impact on Operations: Replacement of the carpet in the upper level rotunda will reduce maintenance required for this flooring. The reconfigurations will result in providing additional and more efficient spaces for key Department staff. C2 Page 415 Project Location: Civic Center Est. Construction Start/End: July/2018 —June/2019 Project Status: Design/Construction Department: Public Works Services Project Manager: Ty Quaintance Project Number: JL Key: 1950 Object: 5650 District: 2 Civic Center - Waterproofing and Planter Box Repair F Description: Waterproof and repair all existing exteriorjoints at the Civic Center. Also include resealing of the upper level planters and complete weather proofing of the exterior brick. Justification: Project carried forward from FY 17/18. The existing elastomeric caulking and exterior joints at the Civic Center are in need of repairs. Along with the exterior joints, the exterior brick face of the Civic Center needs to have a weather proofing brick seal applied to prevent the brick from absorbing moisture. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $50,000 $0 $0 $0 $0 $50,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $1,750,000 $1,750,000 Inspection & Administration $0 $0 $0 $0 $0 $50,000 $50,000 Contingency $0 $0 $0 $0 $0 $175,000 $175,000 Total Costs: $0 $50,000 $0 $0 $0 $1,975,000 $2,025,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $0 $50,000 $0 $0 $0 $1,975,000 $2,025,000 Total Costs: $0 $50,000 $0 $0 $0 $1,975,000 $2,025,000 Impact on Operations: None C3 Page 416 Project Number: JL Key: Object: 5602 District: 3 Cultural Center - Celebration Hall Air -Wall Replacement Project Location: Cultural Center - Celebration Hall Est. Construction Start/End: July/2018 —June/2019 Project Status: Construction — 1 / a o U LTU RAl C�1J7E R OR VICTORIARDENSCVLTRALCENTER 1 w PAII�I BIANE L'� RYi z OJECT LOCATIO Department: Public Works Services Project Manager: Ty Quaintance Description: Replace existing air wall with new air wall system. a C_ Justification: The air wall system is used to subdivide Celebration Hall into smaller halls so multiple activities/meetings may occur at the same time. The present air wall system was part of the original building and is unreliable. When it breaks down, replacement parts are very hard to find. A new, more dependable air wall system is needed to better serve the public. Project Cost Estimate ($): Funding Source Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $20,000 $0 $0 $0 $0 $0 $20,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $336,000 $0 $0 $0 $0 $336,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $33,500 $0 $0 $0 $0 $33,500 Total Costs: $20,000 $369,500 $0 $0 $0 $0 $389,500 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $20,000 $369,500 $0 $0 $0 $0 $389,500 Total Costs: $20,000 $369,500 $0 $0 $0 $0 $389,500 Impact on Operations: A new air wall system will have significantly reduced operational and maintenance requirements/costs compared to the present system. C4 Page 417 Project Location: 12505 Cultural Center Drive Est.Const. Start/End: 07/2018 - 10/2018 Project Status: Design/Construction Department: Community Services/Parks Project Manager: Jennifer Hunt Gracia Project Number: JL Key: 1894 Object: 5650 District: 3 Cultural Center - Courtyard Redesign Description: The Cultural Center - Courtyard Redesign project is intended to take a primarily passive, outdoor space with little shade or seating areas and redesign it to encourage greater pedestrian access and use. Amenities will include shade and lighting as well as a permanent outdoor stage to facilitate outdoor events, concerts and rentals as well as improvements to spectator comfort. Improvements will also include repainting of the Cultural Center as well as possible relocation of the box office and Friends of the Library Bookstore. Justification: The improvements will reduce staff time for set up and take down, and improve flow and continuity with the rest of Victoria Gardens. Relocation of the box office will increase visibility, and relocation of the Friends of the Library Bookstore will improve visibility and customer access. The redesign project will open up new opportunities for rentals and increase ticket sales at the Lewis Family Playhouse. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $25,000 $0 $0 $0 $0 $0 $25,000 Design/Plan Review $14,580 $200,000 $0 $0 $0 $0 $214,580 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $2,000,000 $2,000,000 Inspection&Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $39,580 $200,000 $0 $0 $0 $2,000,000 $2,239,580 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $39,580 $200,000 $0 $0 $0 $0 $239,580 Unknown $0 $0 $0 $0 $0 $2,000,000 $2,000,000 Total Costs: $39,580 $200,000 $0 $0 $0 $2,000,000 $2,239,580 Impact on Operations: This project may require a change in the type and frequency of maintenance as well as increasing landscape and irrigation. It will also reduce existing time for set up and take down of equipment for special events. C5 Page 418 Project Location: 12505 Cultural Center Drive Est. Construction Start/End: 08/2018-06/2019 Project Status: Design/Construction Department: Community Services/Parks Project Manager: Jennifer Hunt Gracia Project Number: JL Key: 1895 Object: 5650 District: 3 Cultural Center - Loading Bay CHURCH S 1 0 a ♦� L—,LTURA-- I- U VICTORIA ARDENS CULTURAL CE TER n� Y PAU ��una.BIANE 'RRt E J m w w U ¢' g ECT LOCATI Description: This project involves the design to cover a portion of the Service/Loading Bay at the Victoria Gardens Cultural Center. Justification: Unlike most venues who produce theatre productions, the Lewis Family Playhouse was built without a shop space, therefore requiring technical/carpentry staff to work outside in the loading bay when set pieces and prop items need to be built for a production. There is no shelter to protect the staff or the items being constructed from inclement weather. Currently much of the Playhouse's set construction is contracted out to a commercial shop, which increases costs significantly. Having a sheltered area outside of the stage doors would allow the tech staff better working conditions for these construction projects than simply working outside in the often unpleasant or sometimes unsafe elements. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $5,000 $0 $0 $0 $0 $0 $5,000 Design/Plan Review $0 $35,000 $0 $0 $0 $0 $35,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $175,000 $175,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $5,000 $35,000 $0 $0 $0 $175,000 $215,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $5,000 $35,000 $0 $0 $0 $175,000 $215,000 Total Costs: $5,000 $35,000 $0 $0 $0 $175,000 $215,000 Impact on Operations: Improvements will require maintenance of the structure and added light fixtures, as well as minimal electric cost for light useage. The City could save substantial funds by building some sets internally. C6 Page 419 Project Number: JL Key: 1990 Object: 5650 District: 4 Fire District - Banyan Station (175) Restrooms- ADA Compliance Project Project Location: -,A��.WIL-N-AVE- o�� WILjN4A1IL- Banyan Fire Station (175)�°O °C CHAFFEY COLLEGE Est. Construction Start/End: 07/2018 - 06/2019 Project Status: Design/Bid for Construction Department: Fire Protection District Project Manager: DC Mike McCliman/Pam Nibert LOS 0505 HIGH JOHN L. Description: As required with the remodel of the Banyan Station, the restrooms and front of the fire station must be brought up to current ADA requirements to be in compliance. $50,000 $0 $0 $0 $0 $50,000 Justification: ADA compliance Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $50,000 $0 $0 $0 $0 $50,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $50,000 $0 $0 $0 $0 $50,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Fire Capital Fund (288) $0 $50,000 $0 $0 $0 $0 $50,000 Total Costs: $0 $50,000 $0 $0 $0 $0 $50,000 Impact on Operations: None C7 Page 420 Project Location: At the northwest corner of San Bernardino Road and Vineyard Avenue Est. Construction Start/End: 2017/18-2018/19 Project Status: Architectural Design/Bidding Department: Fire Protection District Project Manager: DC Mike McCliman/Pam Nibert Project Number: JL Key: 1733 Object: 5650 District: 1 Fire District - Public Safety Facility YW-x 4 z 3 J DV6ONNET Dfi r N ECT LOCATION a J a 1M FOOTHILL BLVD Description: New Public Safety Facility, to include the relocation of the San Bernardino Road Fire Station (172). Property has already been acquired and design underway. Justification: To provide a Public Safety Faility on the west side of the city, to include a fully functioning substation for the Rancho Cucamonga Police Department and to rebuild and relocate a 50+ year old fire station. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $1,511,030 $50,000 $0 $0 $0 $0 $1,561,030 Land Acquisition $2,596,420 $0 $0 $0 $0 $0 $2,596,420 Construction $101,460 $14,800,000 $0 $0 $0 $0 $14,901,460 Inspection & Administration $0 $150,000 $0 $0 $0 $0 $150,000 Construction Management $1,437,790 $0 $0 $0 $0 $0 $1,437,790 Total Costs: $5,646,700 $15,000,000 $0 $0 $0 $0 $20,646,700 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Fire Capital Projects (288) $5,646,700 $11,400,000 $0 $0 $0 $0 $17,046,700 Law Enforcement Reserve (017) $0 $3,600,000 $0 $0 $0 $0 $3,600,000 Total Costs: $5,646,700 $15,000,000 $0 $0 $0 $0 $20,646,700 Impact on Operations: No additional personnel costs - current San Bernardino Station personnel will move to the new location when complete. Complete building design and size will increase operation and maintenance costs, but greater efficiency in building equipment will be designed into the project. C8 Page 421 Project Location: South Side of Town Center Drive, E/O Haven Avenue Est. Construction Start/End: Unknown Project Status: Property Purchased Department: Fire Protection District Project Manager: Chief Ivan Rojer/Pamela Nibert Project Number: JL Key: 1645 Object: 5600/5650 District: 3 Fire District - Towne Center Station (178) - - _w-WJ I � D �t �L a_? g BASE LLNE-Rw 7 �B�RWI Cii OR 4�j ' 11 ++II z r. MUJRFf[y-biJJR �VPAL•Q i-�[] 7NY�W3`�p tiI.SSSA-�-aAV_W C140MERLE❑ E MENTA�i Y140 LF -Ti MAH ROME T Q RV MLl 6V ES -R r� rn 55 M AWA"TA DR w L TE CANYON sr—a a tiE_MENTARY s.T--PZ ST=W V V REG I SST W a y FOOTHIL"-LVD a i w Description: Property acquired for a future fire station. Justification: This station will serve the center of the Rancho Cucamonga community. It will provide the area with emergency services for fire suppression and life safety. The project will begin what the population and call volume trigger the need. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $75,000 $0 $0 $0 $0 $75,000 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Land Acquisition $3,320,000 $o $0 $0 $0 $0 $3,320,000 Construction $0 $0 $0 $0 $0 $0 $0 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $3,320,000 $75,000 $0 $o $0 $0 $3,395,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Fire Capital Projects (288) $3,320,000 $75,000 $0 $0 $0 $0 $3,395,000 Total Costs: $3,320,000 $75,000 $0 $0 $0 $0 $3,395,000 Impact on Operations: Annual station operation and maintenance costs will depend on the station size and staffing costs at the time of construction. Designs with greater active/passive energy conservation and greater xeriscape will cost less to operate and maintain. Capital equipment purchase of a fire engine. C9 Page 422 Project Number: J L Key: Object: 5607 District: 4 Fire District - Water Conservation Landscaping and Site Improvements WILSON=AVE `WILS_ON A, Project Location: � � Banyan Fire Station (175) SIL l °` CHAFFEY COLLEGE Est. Construction Start/End: 07/2018 - 12/2018 Project Status: Design Department: Fire Protection District LOS 0505 HIGH JOHN L. Project Manager: MONTLV T STZ, 6 S,N�/Vlt )� u l 1 11 ll VINTAGEYAF4iLJ. n { 1/�4iR.-SY//\UI�FA11RMQ`+N-T1WAY_ IRA.GtlSXpR\J(((\\\�����, lLLq_ I II ��� MAIN[:Ht=..S_iF S�1 f �oJ�� 101 �I Vl1 ��STEGP.1�iit,OR `�! Ui S VG DC Mike McCliman/Pam Nibert v��NLST.� �� ,i z Description: Removal of high water use turf and replace with drought tolerant landscape plant materials with drip system retrofit. This includes hardscape repairs and improvements. Justification: Executive order from the State of California to take measures to reduce water consumption. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $166,350 $0 $0 $0 $0 $0 $166,350 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $15,760 $300,000 $0 $0 $0 $0 $315,760 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $182,110 $300,000 $0 $0 $0 $0 $482,110 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Fire Capital Fund (288) $182,110 $300,000 $0 $0 $0 $0 $482,110 Total Costs: $182,110 $300,000 $0 $0 $0 $0 $482,110 Impact on Operations: Decrease in maintenance and operations costs. Will not know the full impact until we have final design C10 Page 423 Project Location: 9191 Base Line Road Est. Design Start/End: 09/01/2018 - 11/01/2018 Project Status: Department: Community Services Project Manager: Jennifer Hunt Gracia Project Number: JL Key: Object: 5607 District 1 Lions East Community Center - Patio Fence Description: This project consists of installing a fence around an outdoor patio at the Lions East Community Center. The fenced patio, with the necessary exit points, will allow for greater flexibility in the city's growing Playschool program. $20,000 Justification: The City's Playschool program serves approximately 500 children per year. The program is scheduled primarily at the Lions East Community Center. The fenced in patio will allow for greater flexibility in programming and a more secure environment for children ages two to four to ride tricycles and enjoy outdoor playtime. $20,000 Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $20,000 $0 $0 $0 $0 $20,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $20,000 $0 $0 $0 $0 $20,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Park Development (120) $0 $20,000 $0 $0 $0 $0 $20,000 Total Costs: $0 $20,000 $0 $0 $0 $0 $20,000 Impact on Operations: None C11 Page 424 Project Location: Public Works Services Center Est. Construction Start/End: July/2018 —June/2019 Project Status: Construction Department: Public Works Services Project Manager: Ty Quaintance Project Number: JL Key: 1927 Object: 5650 District: 2 PWSD Warehouse Expansion P.RR-UW-RTE U U I i 'a q �rc x oc i m =; J�TKST GI TY CORI roRA E Y RD • IILJII � z a PROJECT LOCATION Description: Construct second warehouse similar, in size to the original warehouse. Notable difference is that the second warehouse will have solar panels on the roof. Justification: The original warehouse has reached capacity. Public Works equipment and supplies must be stored in cargo containers. Staff has had to operate equipment within the containers (using extension cords for power). Likewise, even locked, the contains are not very secure (they have been broken into numerous times). A second warehouse will allow for additional storage for other City departments. $2,140,000 Project Funding: Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $162,000 $1,000 $0 $0 $0 $0 $163,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $1,700,000 $0 $0 $0 $0 $1,700,000 Inspection & Administration $0 $107,000 $0 $0 $0 $0 $107,000 Contingency $0 $170,000 $0 $0 $0 $0 $170,000 Total Costs: $162,000 $1,978,000 $0 $0 $0 $0 $2,140,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $162,000 $1,978,000 $0 $0 $0 $0 $2,140,000 Total Costs: $162,000 $1,978,000 $0 $0 $0 $0 $2,140,000 Impact on Operations: A second warehouse would put equipment and supplies (currently scattered among multiple containers) into a centralized location. C12 Page 425 Miscellaneous ::4'.' r: Miscellaneous projects are the capital undertakings that do not qualify for classification into the other project categories. These are often one-time projects that are prompted by factors such as: - State or Federal Mandates - Community Health and Safety Issues - Council Goals and Priorities - Regional Needs Assessments - Interagency Agreements - External Funding Arrangements These projects may or may not have maintenance obligations and they are typically funded from a variety of special funding sources; they are rarely funded via the General Fund. Proiect List & FY 2018-19 Expenditures 1 9th St along north side west of Vineyard $ 169,000 Ave - Sidewalk Improvements 2 ADA Ramps @ Various Locations $ 250,000 3 Arrow Rte and Rochester Ave, North $ 80,000 East Corner - Animal Exercise Yard Improvements 4 Base Line Rd Utility Underground $ 75,000 5 Citywide Concrete Repair $ 100,000 6 Etiwanda Depot -Parking Lot $ 141,000 Improvements 7 Milliken Ave Underpass - Sidewalk $ 120,000 Improvements $ 935,000 X $80,i $90,80( Sources of Funding for FY 2018-19 $120,000 5141.000 $78,200 CDBG Measure I Safe Routes to School Capital Reserve 75,000 $350,000 Underground Utilities Citywide Infrastructure Park Development Page 426 Project Number: 800-2012-20 JL Key: 1808 Object: 5650 District: 2 9th Street, North side, West of Vineyard Avenue - Sidewalk Improvements Project Location: 9th Street, North side, From 100 feet west of Vineyard Avenue to 800 feet west of Vineyard Avenue. Est. Construction Start/End: 06/2019 - 07/2019 Project Status: Design Department: Engineering Project Manager: Curt Billings L PGti ¢ j w BEAR GV H LJ LJ LJ u� x w ELEMENTARY w� BEAR G LGH PP:RaI�nC 0 �ARRO. RTE � � J C7 L AMIGIQS EIL E�MENTA R`— I I Y LJ LJ I 9TM:STCI7E- ORPORATYARD PROJECT LOCATION i 7TH -S T - •►i Description: Project to construct 700' of sidewalk on the north side of 9th Street. Justification: To provide students a safe and direct route walking to and from school. The goal of this project is to reduce the need for bus services and benefits will be measured by student surveys taken both before and after the project. The City was awarded a federal Safe Routes To School grant to fund 50% of the project construction costs. $0 $0 $176,850 Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $7,850 $0 $0 $0 $0 $0 $7,850 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $140,000 $0 $0 $0 $0 $140,000 Inspection & Administration $0 $15,000 $0 $0 $0 $0 $15,000 Contingency $0 $14,000 $0 $0 $0 $0 $14,000 Total Costs: $7,850 $169,000 $0 $0 $0 $0 $176,850 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Citywide Infrastructure (198) $7,850 $78,200 $0 $0 $0 $0 $86,050 Safe Route School Fund (234) $0 $90,800 $0 $0 $0 $0 $90,800 Total Costs: $7,850 $169,000 $0 $0 $0 $0 $176,850 Impact on Operations: Reduction in parkway maintenance costs D1 Page 427 Project Location: Various locations City Wide Est. Construction Start/End: 02/2019 - 04/2019 Project Status: Design/Construction Department: Engineering Project Manager: Curt Billings Project Number: 800-2015-13 JL Key: 1150 Object: 5650 District: 1, 2, 3, 4 ADA Ramps at Various Locations Description: Construct ADA compliant ramps at various locations citywide. Locations for ramp installations come from the ADA Transition Plan, which is updated annually. This capital project encompasses all ADA compliance issues that cannot be incorporated into other improvement projects, but which must still be addressed in a timely fashion. Justification: Meets the City's ongoing commitment to install ADA ramps where they are missing and required by law Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $387,790 $200,000 $0 $0 $0 $0 $587,790 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $50,000 $0 $0 $0 $0 $50,000 Total Costs: $387,790 $250,000 $0 $0 $0 $0 $637,790 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure I Fund (177) $387,790 $100,000 $0 $0 $0 $0 $487,790 Gas Tax R&T 7360 Fund (174) $0 $150,000 $0 $0 $0 $0 $150,000 Total Costs: $387,790 $250,000 $0 $0 $0 $0 $637,790 Impact on Operations: None D2 Page 428 Project Number: 800-2017-19 JL Key: 1955 Object: 5650 District: 2 Arrow Route and Rochester Avenue, North East Corner - Animal Exercise Yard Improvements Project Location: Arrow Route and Rochester Avenue, North East Corner - Animal Exercise Yard Improvements Est. Construction Start/End: TBD Project Status: Design/Construction Department: Engineering Project Manager: Curt Billings o W U r LM ICL-ENNIUM_GT �� EPICENTER75PORT5 COMPLEX RANCHO CUCAMONGA ADU T &PORTS COMPLEX II JALCK:13ENNY-DH RC ANIMAL CARVE 8.ADOPTIO RR - OW -RTE -A., UJ ROJECT LOCATION W O U� RE—STATION p 174 O U N Description: This project will install 850 linear feet of chain link fencing and gates for a animal exercise yard associated with the Rancho Cucamonga Animal Care Center. $0 $0 $0 $0 $80,000 Project Funding: Justification: The fencing improvements will provide three chain link fenced enclosures to exercise animals housed at the nearby animal care center. Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD Project Cost Estimate ($): Park Development Fund (120) $0 $80,000 $0 $0 $0 $0 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $80,000 $0 $0 $0 $0 $80,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $80,000 $0 $0 $0 $0 $80,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Park Development Fund (120) $0 $80,000 $0 $0 $0 $0 $80,000 Total Costs: $0 $80,000 $0 $0 $0 $0 $80,000 Impact on Operations: This project will reduce maintenance and weed abatement costs to a 1 acre portion of the 2-1/2 acre parcel and add refuse collection costs. D3 Page 429 Project Location: North side Base Line Road from Carnelian Street to Vineyard Avenue Est. Construction Start/End: 3/2019 - 7/2019 Project Status: Design/Construction Department: Engineering Project Manager: Natalie Avila Project Number: JL Key: 1776 Object: 5650 District: 1 Base Line Road Utility Underground Description: Underground the overhead utilities along north side Base Line Road. Two street lights on SCE wood poles will be replaced with new LED street lights on concrete pole. Specific timing of the construction will be coordinated with school upon compleetion of the design. $0 Justification: This project is funded by the Underground Utility Fund (129) as part of SCE allocation of utility underground funds to each City. The use of these funds is governed by SCE's Rule 20A regulations. Rule 20A funds are reserved for heavily used and/or scenic streets and the efforts to remove overhead utilities will improve the appearance along Base Line Road. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Education Outreach $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $5,000 $3,000 $0 $0 $0 $0 $8,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $60,000 $0 $0 $0 $0 $60,000 Inspection & Administration $0 $6,000 $0 $0 $0 $0 $6,000 Contingency $0 $6,000 $0 $0 $0 $0 $6,000 Total Costs: $5,000 $75,000 $0 $0 $0 $0 $80,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Underground Utilities (129) $5,000 $75,000 $0 $0 $0 $0 $80,000 Total Costs: $5,000 $75,000 $0 $0 $0 $0 $80,000 Impact on Operations: This project will add two new street lights to the City's inventory increasing future maintenance however will improve the electrical efficiency of lighting for the area. D4 Page 430 Project Location Citywide Est. Construction Start/End: Sept/2018 — Nov/2018 Project Status: Construction Department: PWSD Project Manager: Ernie Ruiz Project Number: JL Key: 1991 Object: 5650 District: 1,2,3,4 Citywide Concrete Repair Description: Repair sections of concrete sidewalks, curb/gutters, and drive approaches damaged by tree roots, etc. in the public right-of-way. Protection of the existing urban forest is intended. However when the situation calls for it, some trees will have to be removed. General concrete repairs are also funded from other funding sources. Justification: The damage sections of concrete sidewalks, curb/gutters, and drive approaches are a potential public safety hazard. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure 1 (177) $0 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Total Costs: $0 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Impact on Operations: Once the permanent repairs have been installed, PW staff will no longer need to make temporary repairs to damaged concrete sidewalks, curb/gutters and drive approaches. D5 Page 431 Project Location: Etiwanda Depot 7089 Etiwanda Ave. Est. Construction Start/End: 08/18 Project Status: Design/Construction Department: Engineering Project Manager: Curt Billings Project Number: 800-2018-21 JL Key: 1389 Object: 5650 District: 4 Etiwanda Depot - Parking Lot Improvements n L0ONT10b Description: This project adds 2 handicap parking spaces on concrete and 10 parking spaces on asphalt at the Etwanda Depot site. In addition sidewalks, split rail fence, decomposed granite, signs, sewer and water line improvements will be installed. Construction of utiltiy undergrounding along the street frontage will be completed the following year as a seperate phase. Justification: This project will provide parking spaces and ADA access to the Eiwanda Depot Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $156,000 $91,000 $0 $0 $0 $247,000 Inspection & Administration $0 $15,000 $15,000 $0 $0 $0 $30,000 Contingency $0 $11,000 $9,000 $0 $0 $0 $20,000 Total Costs: $0 $182,000 $115,000 $0 $0 $0 $297,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Underground Utilities (129) $0 $0 $115,000 $0 $0 $0 $115,000 Community Dev Block Grant (204) $0 $182,000 $0 $0 $0 $0 $182,000 Total Costs: $0 $182,000 $115,000 $0 $0 $0 $297,000 Impact on Operations: This project will add parking lot maintenace to the general fund D6 Page 432 Project Number: JL Key: 1977 Object: 5650 District: 2 Milliken Underpass - Sidewalk Expansion Project Location: Milliken Avenue Underpass E/O t,FiRR�RVJ IiJE Metrolink station Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia zi�j 4 PROD T LOCATION $120,000 JERSEY -BLVD W a $0 $0 6TH W 5T C W n J Description: Re -design and widen sidewalk as it crosses under the Milliken Avenue Underpass and re -build some of the retaining walls. The new sidewalk will be wide enough so that maintenance vehicles will be able to drive on it. Justification: It is very difficult and time consuming for staff to work this site without vehicle access. This expansion will alleviate having to delineate traffic or parking a far distance up a slope at the Metrolnk station to perform necessary work. Project will also remove some landscaping and irrigation, helping with the City's water savings goals. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $10,000 $0 $0 $0 $0 $10,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $100,000 $0 $0 $0 $0 $100,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $10,000 $0 $0 $0 $0 $10,000 Total Costs: $0 $120,000 $0 $0 $0 $0 $120,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Capital Reserve (025) $0 $120,000 $0 $0 $0 $0 $120,000 Total Costs: $0 $120,000 $0 $0 $0 $0 $120,000 Impact on Operations: This project will make a safer operational environment for workers and the vehicles they use D7 Page 433 Municipal Utility The Rancho Cucamonga Municipal Utility (RCMU) was formed by the City Council in 2001. RCMU served its first customers in 2003 and finished construction of the Victoria Arbors substation in 2004. Currently, RCMU services over 900 customers in its service area. Annually, more than 78,000 megawatt -hours of electricity are distributed to our customers via 20 circuit miles of wire spread across the roughly 4 -square miles of service territory. RCMU's historical peak demand is 17.5 megawatts, set in August 2011. In 2017, the City's Fiber Optics Network infrastructure was also added to RCMU's purview with the approval of the Fiber Optics Master Plan. RCMU capital projects are related to the maintenance, expansion and improvement of the RCMU electrical distribution system and the RCMU Fiber Optics Network. RCMU's distribution system was designed to minimize maintenance and operating costs and ensure maximum reliability of service. Prosect List & FY 2018-19 Expenditures 1 6th Street from Utica Avenue to The Vine $ 885,000 - Electric Line Extension 2 City Hall East Prkg Lot -Line Extension $ 150,000 3 Haven Avenue at 6th St - Street Light $ 25,000 Installation 4 Rancho Cucamonga Fiber Optics $ 2,000,000 Network 5 Residential Smart Meter Rplcmt $ 125,000 6 Utica 4th St -6th St - Line Extension $ 800,000 $ 3,985,000 Sources of Funding for FY 2018-19 $1,985,00041WO $2,000,000 Fiber Optic Network Municipal Utility Page 434 Project Number: JL Key: 1967 Object: 5650 District: 2 6th Street from Utica Avenue to The Vine - Electric Line Extension Project Location: RCMU Electric Line Extension - 6th Street from Utica Avenue to The Vine Est. Construction Start/End: 05/2018 - 01/2019 Project Status: Design Department: Engineering Project Manager: Fred Lyn P OJEC LOCATION � I Description: Extend approximately 2,500' of Distribution Line Extension (trench and cabling) from the corner of Sixth street and Utica Avenue to The Vine and Cabling service south of the Vine to service The Resort (Empire Lakes) with RCMU electricity and Fiber Conduit. Justification: Line extension is needed to extend power service to a new commercial development shopping center. The City paid SCE exit fees for the right to service any load associated with a newly constructed facility that has never been interconnected with Edison; this falls under that category. $220,000 $0 $0 $0 $1,110,000 Project Funding: Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $5,000 $5,000 $0 $0 $0 $0 $10,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $800,000 $200,000 $0 $0 $0 $1,000,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $80,000 $20,000 $0 $0 $0 $100,000 Total Costs: $5,000 $885,000 $220,000 $0 $0 $0 $1,110,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Municipal Utility (705) $5,000 $885,000 $220,000 $0 $0 $0 $1,110,000 Total Costs: $5,000 $885,000 $220,000 $0 $0 $0 $1,110,000 Impact on Operations: The increased electricity load will provide additional revenue to RCMU E1 Page 435 Project Location: RCMU Electric Line Extension - City Hall East Parking Lot Est. Construction Start/End: 10/2018 - 12/2018 Project Status: Design Department: Engineering Project Manager: Fred Lyn Description: Project Number: JL Key: 1986 Object: 5650 District: 2 City Hall East Parking Lot - Electric Line Extension NW rni[ra[ CIW HALL �lYlC_ElHIlR R �wlQ� w OW RT ■A_e TION I� 3 Distribution Line Extension to service City Hall's East Parking Lot with RCMU electricity. Justification: A small distribution line extension is needed to extend power service to City Hall's East Parking lot. When the City paid SCE exit fees for City Hall, the City Hall East Parking lot was inadvertantly left out of the switchover. The City's continued interest to place solar in the East lot, as well as electric utility uniformity for City Hall, would make this an important project for the City. $0 Project Cost Estimate ($): $0 Expenditure/Category Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $2,000 $0 $0 $0 $0 $0 $2,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $150,000 $0 $0 $0 $0 $150,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $2,000 $150,000 $0 $0 $0 $0 $152,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Municipal Utility (705) $2,000 $150,000 $0 $0 $0 $0 $152,000 Total Costs: $2,000 $150,000 $0 $0 $0 $0 $152,000 Impact on Operations: The increased electricity load will provide additional revenue to RCMU. Uniformity for City Hall facilitites E2 Page 436 Project Location: Haven Avenue at Sixth Street Est. Construction Start/End: 07/2018 - 08/2018 Project Status: Pre Construction Department: Engineering Project Manager: Fred Lyn Description: Installation of 3 new streetlights as part of the new planned Residence Inn's street improvements. Project Number: JL Key: 1948 Object: 5650 District 2 Haven Avenue at Sixth Street - Street Light Installation Justification: 3 new streetlights will need to be installed as part of the Street Improvements required for the planned Residence Inn on the corner of Haven Avenue and Sixth Street. RCMU is the electricity provider to this site. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $25,000 $0 $0 $0 $0 $25,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $25,000 $0 $0 $0 $0 $25,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Municipal Utility (705) $0 $25,000 $0 $0 $0 $0 $25,000 Total Costs: $0 $25,000 $0 $0 $0 $0 $25,000 Impact on Operations: The increased electricity load will provide additional revenue to RCMU E3 Page 437 Project Number: 1L Key: 1910 Object: 5650 District: 2, 3, 4 Rancho Cucamonga Fiber Optic Network Project Location: Various locations throughout the City where existing fiber optics conduits are located Est. Construction Start/End: May 2018 Project Status: Pre -Construction Department: Engineering Project Manager: Fred Lyn Description: Justification: The existing on -net and phase 1 design of the Fiber Optic master plan has been complete. The next steps includes construction utilizing the existing fiber optics system / RCMU system towards network buildout using both existing traffic conduit and building a new network to "tie-in" existing segments in order to provide municipal broadband to selected commercial, industrial and residential areas throughout the City. Laying the groundwork for high speed broadband infrastructure allows the City to pursue economic development opportunities and future smart city initiatives. Approval of the Fiber Optic Master Plan by the City Council allows the City to implement a systemic approach toward fiber infrastructure build out over the next five years. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $500,000 $0 $0 $0 $0 $0 $500,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $1,500,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $11,500,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $12,000,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Fiber Optic Network (711) $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $12,000,000 Total Costs: $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $12,000,000 Impact on Operations: The potential to bring in high speed broadband as a commodity will provide economic development opportunities and additional revenue to the RCMU's Fiber Optics Fund. E4 Page 438 Project Number: 1L Key: 1987 Object: 5650 District: 3 Residential Smart Meter Replacement Project rp's ion: � � �IN U f f f �{ �L]{ j{ �[�I r Lewis Corp's The Enclave, which is j I 1l�jf 4S u� an existingRCMU residential � J �' Service Area where residential �BBWSF-L7iN�E-RSD �� � j electric meters are located 1 —E I FFF--: I�� 111 11 11 Pte-, I f Est. Construction Start/End: 7/1/17-8/30/17 Project Status: Deployment Department: Engineering Project Manager: Fred Lyn Description: Approximately 350 existing residential electric meters will be replaced with new 2 way ERT "smart" meters, which allows RCMU the ability to pick up reads and connect/reconnect meters remotely from City Hall offices. Justification: The meter technology that is currently being used at the Enclave is a drive-by handheld ERT collector. Though there is nothing wrong with the existing meters, it still requires that RCMU go out and pickup the meter via handheld and download the data and physically reconnecting and disconnecting meters. A significant amount of time and labor is involved in this effort. Because RCMU invested in a new AMI (2 way meter) platform for its commercial customers in FY 17/18, utilizing this existing method on the residential platform makes sense and saves RCMU money in metering expenditures. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $125,000 $0 $0 $0 $0 $125,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $125,000 $0 $0 $0 $0 $125,000 Project Funding: Funding Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Municipal Utility (705) $0 $125,000 $0 $0 $0 $0 $125,000 Total Costs: $0 $125,000 $0 $0 $0 $0 $125,000 Impact on Operations: The potential to bring meter reading and reconnect/disconnects in house will significantly reduce expenditures on metering reconnect and disconnect services. E5 Page 439 Project Number: JL Key: 1968 Object: 5650 District: 2 Utica Avenue from 4th Street to 6th Street - Electric Line Extension Project Location: RCMU Electric Line Extension - Utica Avenue from 4th Street to 6th Street Est. Construction Start/End: 07/2018 - 09/2018 Project Status: Design Department: Engineering Project Manager: Fred Lyn Description: Approximately 2,200' of Distribution Line Extension to service a new planned commercial development (4 large parcels) on the NWC and NEC of Utica Avenue and Fourth Street and the future corner of Haven Avenue and Fourth Street with RCMU electricity. Justification: Line extension is needed to extend power service to a new commercial development shopping center. The City paid SCE exit fees for the right to service any load associated with a newly constructed facility that has never been interconnected with Edison; this falls under that category. $803,000 Project Funding: Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 Expenditure/Category Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $3,000 $0 $0 $0 $0 $0 $3,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $800,000 $0 $0 $0 $0 $800,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $3,000 $800,000 $0 $0 $0 $0 $803,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Municipal Utility (705) $3,000 $800,000 $0 $0 $0 $0 $803,000 Total Costs: $3,000 $800,000 $0 $0 $0 $0 $803,000 Impact on Operations: The increased electricity load will provide additional revenue to RCMU E6 Page 440 Parks Any capital project that is located in, on, or adjacent to a park or community center facility is classified as a Park Project. These include the construction of new park facilities, as well as the expansion or rehabilitation of existing park facilities. Improvements include playing fields, play ground equipment, park landscaping, other miscellaneous recreational amenities, restroom facilities and parking lot improvements. Many of these projects require ongoing maintenance, and all field rehabilitation projects and renovations are performed on an annual or bi-annual basis due to extensive wear from local league play. The majority of Park Projects are funded via the Park Development Fund (120), which is collected via residential development fees (i.e. new single family, town home, condo and senior housing). Some projects qualify for grants and Special District funds. ect List & FY 2018-19 Expenditures 1 Central Prk-Master Plan $ 250,000 Environmental Review 2 Etiwanda Creek Park - Phase II $ 75,000 3 Heritage Park - Bridge Rplcmts $ 30,000 4 Heritage Park - Equestrian Main $ 25,000 Arena Refurbish 5 LMD 9 Garcia Prk-LED Ballfield Lghts $ 500,000 6 Los Amigos Park -Tubular Steel $ 150,000 Fencing 7 Old Town Park -Sports Lighting $ 50,000 8 Olive Grove Park - Drainage $ 30,000 $ 1,110,000 F Sources of Funding for FY 2018-19 $500,000 $50,000 $55,000 LIVID 1 PD 85 $475,000 CFD 2000-03 Park Development LIVID 9 UUU Page 441 Project Location: 11200 Base Line Road Est. Design Start/End: XX/XXXX - XX/XXXX Project Status: Environmental/NPDES Department: Community Services Project Manager: Jennifer Hunt Gracia Project Number: JL Key: 1660 Object: 5650 District 3 Central Park Master Plan Environmental Review Il Llie?I ECT LOCATION AFICALlL714cTTRAIL F C 1N! no Description: This is to update the conceptual plans for Central Park so the City can continue to pursue funding opportunities for future park development. Given the history of fluctuating economic conditions, redirecting the Central Park Master Plan from large 20 — 30 acre per phase projects into smaller 5 — 10 acre phased elements will likely provide more funding opportunities. A new public outreach and design process will create an up-to-date plan to guide staff when funding is identified. This will also fund the reauired Envrionment Review Report. Justification: There is approximately 70 acres of undeveloped parkland at Central Park. The prior Master Plan needs to be updated taking into consideration the loss of the Redevelopment Agency, construction costs and ongoing maintenance and programming costs of any future improvements. Furthermore, elements of the original Master Plan like the aquatics center, gym, and fire station are either no longer feasible or required. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $250,000 $0 $0 $0 $0 $250,000 Design/Plan Review $380,000 $0 $0 $0 $0 $0 $380,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $0 $0 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $380,000 $250,000 $o $0 $0 $0 $630,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Park Development (120) $380,000 $250,000 $0 $0 $0 $0 $630,000 Total Costs: $380,000 $250,000 $0 $0 $0 $0 $630,000 Impact on Operations: Completion of this project could possibly add new amenities to the City's inventory which will require operational expenditures for maintenance, staffing, overhead and utilities. F1 Page 442 Project Location: 5939 East Avenue Est. Design Start/End: 10/2016-06/2018 Project Status: Design Department: Community Services/Parks Project Manager: Jennifer Hunt Gracia Project Number: JL Key: 1664 Object: 5650 District: 4 Etiwanda Creek Park - Phase II II ? —HUNT-CLl1B�R--% 7 a J ETIWANDA COLONY n ELEMENTARY ID�RLY F SUMMIT INTERM -DIATE g JUNIOR H' H 2020/21 n'"-BANYAN-ST� a A O WINTE RRINT CT SHASTA DR�2'� 4 1 w u TBD Z /r -LD MAPLE CT LVE -GUM pR Om/ 'Q'l?- CASSIA ST RID ARAOAH, PROJECT LOCATION GYPSUM DR CHEROKEE R, L�I:7� r.�HILKAS­en-HICKAsgw_ItD p -RD 2] 0 $75,000 $0 $0 $0 $0 $124,500 Description: This project involves the initial design of park expansion, which may include additional athletic/recreation multi -use fields, tennis courts, and additional parking. Required environmental and biological studies are also being completed as part of the this design. Justification: The City Council identified this project as a goal for FY2007-08. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $49,500 $75,000 $0 $0 $0 $0 $124,500 Design/Plan Review $184,430 $0 $390,000 $0 $0 $0 $574,430 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $3,900,000 $0 $0 $3,900,000 Inspection & Administration $0 $0 $0 $100,000 $0 $0 $100,000 Contingency $0 $0 $0 $585,000 $0 $0 $585,000 Total Costs: $233,930 $75,000 $390,000 $4,585,000 $0 $0 $5,283,930 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Park Development (120) $233,930 $75,000 $390,000 $4,585,000 $0 $0 $5,283,930 Total Costs: $233,930 $75,000 $390,000 $4,585,000 $0 $0 $5,283,930 Impact on Operations: Initial estimates place the cost of maintaining two additional softball/little league fields with a soccer overlay and a tennis court at $300,000 - $450,000 per year. F2 Page 443 Project Location: Heritage Park - Multi Use trail bridge replacements Est. Construction Start/End: TBD Project Status: Design Department: Engineering Project Manager: Curt Billings Project Number: 800-2017-17 JL Key: 1963 Object: 5650 District: 1 Heritage Park - Bridge Replacement Design ��erer*w�rnRr f F Rl a TaT 1TT ■ ' RIT COMMUNITY PARK S r CAR_ �9KXF~ Description: This project will provide a study to consider replacing the multi use wood bridges that span the Demens Creek at various locations around Heritage Park $30,000 $0 $0 $0 $50,000 Justification: This project is a study and design to potentionally replace or remove aged bridges constructed of wood with more long lasting structural steel and concrete bridges to maintain access to the park and existing trails Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 2020/21 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $30,000 $0 $0 $0 $50,000 $80,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $0 $0 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $30,000 $0 $0 $0 $50,000 $80,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL PD 85 Redemption Fund (848) $0 $30,000 $0 $0 $0 $50,000 $80,000 Total Costs: $0 $30,000 $0 $0 $0 $50,000 $80,000 Impact on Operations: No impact. F3 Page 444 Project Location Heritage Park Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia Project Number: JL Key: Object: 5607 District: 1 Heritage Park - Equestrian Main Arena Refurbish Description: Refurbish main arena area by removing & replacing base & sand Justification: The main arena's subsurface is compacted and uneven, along with the main top surface being uneven and degraded into a very powdery sand. These two surface levels need to be reworked and new top material brought in to be spread evenly for the $0 stability of the horses and to reduce potential liability and injury. $0 $0 $0 $25,000 Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $25,000 $0 $0 $0 $0 $25,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $25,000 $0 $0 $0 $0 $25,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL PD 85 (848) $0 $25,000 $0 $0 $0 $0 $25,000 Total Costs: $0 $25,000 $0 $0 $0 $0 $25,000 Impact on Operations: Refurbishment will reduce time and expense to maintain the main arena area F4 Page 445 Project Location: LMD 9 - Garcia Park Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia Project Number: JL Key: 1981 Object: 5650 District: 4 LMD 9 Garcia Park - LED Ballfield Lights Description: Design and install new LED ballfield lighting, including electrical service upgrade and landscape restoration. Justification: The fields at Garcia Park currently do not have lighting. As a result, the fields cannot be used after the sun sets. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $40,000 $0 $0 $0 $0 $40,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $420,000 $0 $0 $0 $0 $420,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $40,000 $0 $0 $0 $0 $40,000 Total Costs: $0 $500,000 $0 $0 $0 $0 $500,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL LMD 9 (139) $0 $500,000 $0 $0 $0 $0 $500,000 Total Costs: $0 $500,000 $0 $0 $0 $0 $500,000 Impact on Operations: New LED ballfield lights will have lower maintenance and electrical costs F5 Page 446 Project Location: Los Amigos Park Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia Project Number: JL Key: Object: 5607 District: 2 Los Amigos Park - Tubular Steel Fencing 2 S a KHOLLw000 oR a 2; � E -G•• [� APPLEwooU UR Z j o. m J a a �— W � w p z } BEAR GULCH PARK CALLE VEJAR� A< p = w w n 4 F� AltR6W-R7E a o Q � m z o w z� �s 4 M�PROJECT LOCATION 1 sT ¢1 m. WEN 5 lm l� Description: Construct additional tubular steel fencing along Los Amigos Park, to match the existing. Scope of work will include a rolling parking lot gate and 2 pedestrian swing gates. All gates will be lockable. Justification: Purpose of fencing is to provide security for the park and to prevent unauthorized activitiy in the park after park use hours. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $7,000 $0 $0 $0 $0 $7,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $130,000 $0 $0 $0 $0 $130,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $13,000 $0 $0 $0 $0 $13,000 Total Costs: $0 $150,000 $0 $0 $0 $0 $150,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Park Development (120) $0 $150,000 $0 $0 $0 $0 $150,000 Total Costs: $0 $150,000 $0 $0 $0 $0 $150,000 Impact on Operations: By securing the park to prevent unauthorized activity and/or vandalism, maintenance costs should not increase F6 Page 447 Project Location: Old Town Park Est. Construction Start/End: July/2018 —June/2019 Project Status: Construction Department: Public Works Services Project Manager: Ty Quaintance Project Number: J L Key: Object: 5607 District: 2 Old Town Park - Sports Lighting Replacement D tnAKKVW K IC s: w_ ECT LOCATION---� 1 D K Description: Replace existing existing sports lights with new LED light fixtures. Justification: The existing sports lights are failing. Replacing with LED fixtures will use less electricitiy, last longer and have lower maintenance costs. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $50,000 $0 $0 $0 $0 $50,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $50,000 $0 $0 $0 $0 $50,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL LIVID 1 (130) $0 $50,000 $0 $0 $0 $0 $50,000 Total Costs: $0 $50,000 $0 $0 $0 $0 $50,000 Impact on Operations: Once installed, the replacement LED light fixtures will have significantly reduce operational and maintenance requirements/costs compared to the present sports lights. F7 Page 448 Project Location: Olive Grove Park fN Project Number: JL Key: 1979 Object: 5650 District: 4 Olive Grove Park - Drainage RK Est. Construction Start/End: July/2018 — June/2019 Project Status: Design Department: PWSD Project Manager: Dean Rodia RANCHOSU PARK I.— ECT L ECT LOCATION Description: Re -design horse trail from parking lot to SEC of park. Justification: Horse trail washes out regularly and results in water, decomposed granite and mud accumulating at the bottom of the trail. This, in turn, causes maintenance issues with rutting, flooding and mud. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $o $0 $0 $0 $0 $0 Design/Plan Review $0 $30,000 $0 $o $0 $o $30,000 Right -of -Way $0 $o $0 $o $0 $0 $0 Construction $0 $o $0 $o $0 $0 $0 Inspection & Administration $0 $o $0 $o $0 $0 $0 Contingency $0 $o $0 $o $0 $0 $0 Total Costs: $0 $30,000 $0 $o $0 $0 $30,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL CFD 2000-03 (868) $0 $30,000 $0 $0 $0 $0 $30,000 Total Costs: $0 $30,000 $0 $0 $0 $0 $30,000 Impact on Operations: Project will reduce maintenance costs, time and labor F8 Page 449 Railroad Crossing Ah. Railroad Crossings are extremely expensive and infrequent projects, requiring large funding commitments, lengthy construction schedules and inevitably causing some inconvenience to the local community during the construction period. They are, however, also one of the best ways to ensure the safety of drivers, pedestrians and rail users by providing two separate crossings, thereby minimizing the possibility of train versus automobile, or train versus pedestrian accidents. Railroad Crossings are identified in the City's General Plan document, and they are also frequently illustrated in regional planning documents held by the County of San Bernardino, SANBAG and Caltrans. Project List & FY 2018-19 Expenditures 1 Arrow Route @ Railroad Spur- New $ 40,000 Concrete Panels $ 40,000 G Sources of Funding for FY 2018-19 $40,000 ■ Gas Tax RT7360 Page 450 Project Location: Arrow Route at Railroad Spur west of Milliken Avenue Est. Construction Start/End: 09/2018 -10/2018 Project Status: Design/Construction Department: Engineering Project Manager: Romeo David Description: Project Number: 800-2016-11 JL Key: 1819 Object: 5650 District: 2 Arrow Route at Railroad Spur - New Concrete Panels Replace existing uneven rubber panels to concrete panels. Justification: The existing rubber panels are uneven and damaged due to heavy traffic used. Replacing with concrete panels will give a smoother and safer for vehicles. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $40,000 $0 $0 $0 $0 $40,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $160,000 $0 $0 $0 $160,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $40,000 $160,000 $0 $0 $0 $200,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Gas Tax RT7360 Fund (174) $0 $40,000 $0 $0 $0 $0 $40,000 City Wide Infrastructure (198) $0 $0 $160,000 $0 $0 $0 $160,000 Total Costs: $0 $40,000 $160,000 $0 $0 $0 $160,000 Impact on Operations: Uneven rubber creates damage along the edges of the existing asphalt pavement. This project will reduce maintenance for asphalt replacement. G1 Page 451 Streets ter. Streets projects are the most common type of project undertaken by the City. The City receives annual funding from gasoline sales taxes for use on resurfacing projects for local arterial and residential streets in order to extend pavement life and improve driving conditions. Besides street rehabilitation projects, the City also undertakes many widening and extension projects as need dictates via new development, community needs and the City's General Plan. Prosect List & FY 2018-19 Expenditures 1 Archibald Widen-N/O Sunflower $ 187,000 2 Base Line Rd at 1-15 Interchange $ 759,920 3 Bus Stop Pas @ Various Locations $ 54,000 4 Civic Center/Courthouse-Pavement $ 30,000 Rehbiliation Pavement Rehab 5 Etiwanda Ave Grade Separation $ 7,850,000 6 Foothill Blvd:Grove Ave -San Bernardino $ 50,000 Rd -Street Improvements Various Locations 7 Foothill Blvd:Milliken ave -Freeway 1-15- $ 60,000 Pavement Rehab $ 8 Haven Ave:Church St -Base Line Rd- $ 500,000 Pavement Rehab 9 Hermosa Ave:Banyan St -300' North $ 266,000 Wilson Ave- Pavement Rehab 10 Hermosa Ave:n/o Foothill Blvd -Church $ 500,000 St -Street Widening 11 Highland Ave:Archibald Ave -Haven Ave- $ 600,000 Pavement Rehab 12 Local Street Pavement Rehab @ $ 2,200,000 Various Locations 13 Youngs Canyon Rd -Extension Koch PI- $ 150,000 Cherry Ave S 13-7nh-97(l 11 $7,85c ^^^ Sources of Fundine for FY 2018-19 $537,000 $19,920 $150,000 140,000 $600,000 $30,000 ■ Prop 1B-SLPP ■ Transportation Road Maint & Rehab Measure I ■ SB -1 TCEP ■ AD88-2 $43,000 000 10,000 ■ SAFETEA-LU ■ Law Enforcement Reserve Gas Tax R&T 7360 ■ Ped Grant/Art 3 ■ Beautification Page 452 Project Number: 800-2015-13 JL Key: 1945 Object: 5650 District: 1 Archibald Avenue east side north of Sunflower - Widening Project Location: Archibald Avenue - East side north of Sunflower Est. Construction Start/End: 02/2017 - 04/2017 Project Status: Design and Constructon Department: Engineering Project Manager: Romeo David U Uf N' ❑ C WILSONAVE HEF U U L �P R Q L7 V � a ¢ C=� = uHF a 9ANYANS BANYAN ST Description: Widen Street along the east side and construct a community trail. Justification: This project will improve the traffic flow with the wider road and allow room for bicyclists. In addition, pedestrian circulation and safety will be improved with the addition of the community trail. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $150,000 $0 $0 $0 $0 $150,000 Inspection & Administration $0 $22,000 $0 $0 $0 $0 $22,000 Contingency $0 $15,000 $0 $0 $0 $0 $15,000 Total Costs: $0 $187,000 $0 $0 $0 $0 $187,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Beautification Fund (110) $0 $187,000 $0 $0 $0 $0 $187,000 Total Costs: $0 $187,000 $0 $0 $0 $0 $187,000 Impact on Operations: This stretch will add a few hundred feet to the City's trail inventory, requiring trash removal, weed abatement, and routine maintenance. H1 Page 453 Project Location: Base Line Road at the 1-15 Freeway Project Number: 800-2007-21 JL Key: 1361 Object: 5650 District: 4 Base Line Road at 1-15 Interchange Est. Construction Start/End: A 10/2014 - 11/2022 Project Status: Plant Establishment F c"nt cr Jju� Department: Y ❑ EE t PROJECT LOCATION Engineering Project Manager: Jason Welday Description: Remove temporary power poles needed for the construction phase, and begin a 5 year plant establishment and maintenance period related to the reconstruction of on and off ramps for the 1-15 Freeway at Base Line Road. Justification: Due to the current and projected congestion of the streets around the interchange, it is necessary to improve access to and from the 1-15 freeway at Base Line Road. Up to 50 percent of the project costs are eligible for reimbursement through Federal funds. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2019/20 2021/22 2022/23 TOTAL Environmental/NPDES $1,089,550 $0 $0 $0 $0 $0 $1,089,550 Design/Plan Review $5,687,151 $0 $0 $0 $0 $0 $5,687,151 Right -of -Way $7,135,962 $0 $0 $0 $0 $0 $7,135,962 Construction $38,140,967 $759,920 $60,000 $60,000 $60,000 $20,000 $39,100,887 Total Costs: $52,053,630 $759,920 $60,000 $60,000 $60,000 $20,000 $53,013,550 Project Funding: Funding Source Prior Years 2018/19 2019/20 2019/20 2021/22 2022/23 TOTAL Transportation (124) $2,960,207 $140,000 $60,000 $60,000 $60,000 $20,000 $3,300,207 RDA (660) $10,137,690 $0 $0 $0 $0 $0 $10,137,690 Tax Allocation Bonds $29,851,545 $0 $0 $0 $0 $0 $29,851,545 City Infrastructure (198) $299,774 $0 $0 $0 $0 $0 $299,774 General Fund (001) $18,996 $0 $0 $0 $0 $0 $18,996 RDA (650) $3,771 $0 $0 $0 $0 $0 $3,771 Subtotal City Budget Costs: $43,271,983 $140,000 $60,000 $60,000 $60,000 $20,000 $43,611,983 IMD / BDP (Federal) $1,179,835 $0 $0 $0 $0 $0 $1,179,835 SAFETEA-LU (Federal)(209) $8,133,529 $600,000 $0 $0 $0 $0 $8,733,529 Prop-16-SLPP (State) (211) $980,083 $19,920 $0 $0 $0 $0 $1,000,003 Subtotal Other Costs: $10,293,447 $619,920 $0 $0 $0 $0 $10,913,367 Grand Total Costs: $53,565,430 $759,920 $60,000 $60,000 $60,000 $20,000 $54,525,350 Impact on Operations: As a condtion of the Caltrans construction Permit the City will take over the maintenance of the landscaping within the interchange in FY18/19 for 5 years before relinquishing the majorty of the area to Caltrans. H2 Page 454 Project Number: 800-2014-07 JL Key: 1823 Object: 5650 District: 3 and 4 Bus Stop Pads at Various locations Project Location: Various locations throughout the —..—. City including stops on Lemon Avenue, Milliken Avenue, Aspen � Street and Etiwanda Avenue Est. Construction Start/End: 09/2018 -10/2018 Project Status: Design/Construction Department: Engineering Project Manager: Curt Billings Description: Constructs 5 bus pads at various locations throughout the City Justification: Provides ADA improvements to existing public transportation stops that are currently used by over 300 riders each day. The improvements may increase ADA ridership, resulting in less vehicle trips and reduced CO2 emissions. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $45,000 $0 $0 $0 $0 $45,000 Inspection & Administration $0 $5,000 $0 $0 $0 $0 $5,000 Contingency $0 $4,000 $0 $0 $0 $0 $4,000 Total Costs: $0 $54,000 $0 $0 $0 $0 $54,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Gas Tax R&T 7360 Fund (174) $0 $11,000 $0 $0 $0 $0 $11,000 Ped Grant/Art3 Fund (214) $0 $43,000 $0 $0 $0 $0 $43,000 Total Costs: $0 $54,000 $0 $0 $0 $0 $54,000 Impact on Operations: None H3 Page 455 Civic Center and Courthouse Pavement Rehabilitation Project Location: 10500 Civic Center Drive, Rancho Cucamonga Est. Construction Start/End: 09/2018 -11/2018 Project Status: Construction Department: Engineering Project Manager: Romeo David and County Project Number: 800-2017-05 JL Key: 1959 Object: 5650 District: 2 A J FOOTHILL BLY W N z W W CL SC V) o :..I _� J C POLICE STATION Y -==q:IVIL;-CENTER- PROJECT LOCATION 2 o III _ L a s rlkr20.4N RTE �'�y J 4 Pr I j VT 14� C�.� i W Q dTACOMA=Oki kZ w LL zsnl;s.r �� F�� ItHst.I�ILvL� w Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt concrete mix overlay, utility adjustments and pavement striping. San Bernardino County is the lead agency with the City sharing the cost. $0 $0 Justification: This project will restore the existing pavement surface to a substantially new condition, extending pavement life, use and rideability. Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $40,000 $0 $0 $0 $0 $40,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $120,000 $0 $0 $0 $120,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $40,000 $120,000 $0 $0 $0 $160,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Law Enforcement Reserve (017) $0 $30,000 $0 $0 $0 $0 $30,000 Unknown $0 $0 $120,000 $0 $0 $0 $120,000 Total Costs: $0 $30,000 $120,000 $0 $0 $0 $120,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. H4 Page 456 Project Location: Etiwanda Avenue from Whittram Avenue to Napa Avenue Est. Construction Start/End: June 2020 Project Status: Design/Construction Department: Engineering Project Manager: Curt Billings Project Number: 800-2018-09 JL Key: 1922 Object: 5650 District: 4 Etiwanda Avenue Grade Separation Project ERISPORTS C PLEX o � IIIORBENY-DRCOMPLEX ' 1 ACTS:BNNY=OR O 1 tE &ADOPTION CENTER • ARRpVY-RTE — ROJECT LOCATION a y Y SCRRA/BNSF RAILROAD I1 IL HI. ''M. -AV' F= 0 1 —8ni-sr i i i i R..._.......................... V w sT N I� 6TH--5T� Description: Roadway overcrossing SCRRA/BSNF track along Etiwanda Ave. to include concrete bridge, curb and gutter, driveway sidewalk, street lights and utilities undergrounding. Justification: Overcrossing bridge and widening Etiwanda Avenue will improve traffic circulation, vehicular and rail safety through the area. Project Cost Estimate ($): Expenditure/Cateeory Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $850,000 $0 $0 $0 $0 $850,000 Design/Plan Review $50,000 $2,000,000 $50,000 $0 $0 $0 $2,100,000 Right -of -Way $0 $5,000,000 $0 $0 $0 $0 $5,000,000 Construction $0 $0 $52,100,000 $0 $0 $0 $52,100,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $50,000 $7,850,000 $52,150,000 $0 $0 $0 $60,050,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL SB -1 TCEP Fund (181) $0 $7,850,000 $52,150,000 $0 $0 $0 $60,000,000 Infrastructure Fund (198) $50,000 $0 $0 $0 $0 $0 $50,000 Total Costs: $50,000 $7,850,000 $52,150,000 $0 $0 $0 $60,050,000 Impact on Operations: Reduction of routine maintenance activities for pothole repair, weed abatement and crack seal, thus freeing up maintenance crews for other needed areas. H5 Page 457 Project Number: 800-2012-29 JL Key: 1964 Object: 5650 District: land 2 Foothill Boulevard from Grove Avenue to San Bernardino Road - Street Improvements Project Location: Foothill Boulevard from Grove Avenue to San Bernardino Road Est. Construction Start/End: 08/2019 -10/2019 Project Status: Design Department: Engineering Project Manager: Curt Billings Description: This project involves street improvements including Red Hill Country Club realignment to a new traffic signal on Foothill Boulevard, curb & gutter, sidewalk, street lights and a potential median island, as well as pavement rehabilitation consisting of cold planing, localized asphalt removal and replacement, crack sealing, asphalt pavement overlay, traffic signal video detection at 3 signals, utility valve and manhole cover adjustments, and pavement striping. Construction will be scheduled following completion of nearby residential developement. Justification: This project will enhance pedestrian and vehicular safety through the area and restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $50,000 $110,000 $0 $0 $0 $160,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $1,100,000 $1,100,000 Inspection & Administration $0 $0 $0 $0 $0 $55,000 $55,000 Contingency $0 $0 $0 $0 $0 $110,000 $110,000 Total Costs: $0 $50,000 $110,000 $0 $0 $1,265,000 $1,425,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Infrastructure Fund (198) $0 $50,000 $110,000 $0 $0 $0 $160,000 Unknown $0 $0 $0 $0 $0 $1,265,000 $1,265,000 Total Costs: $0 $50,000 $110,000 $0 $0 $1,265,000 $1,265,000 Impact on Operations: Reduced street maintenance costs for pothole repairs and crack seal, thus freeing up maintenance crews to attend to other needed areas. H6 Page 458 Project Number: 800-2018-13 JL Key: 1985 Object: 5650 District: 2 & 3 Foothill Boulevard from Milliken Avenue to Freeway 1-15 Pavement Rehabilitation Project Location: Foothill Boulevard from Milliken Avenue to Freeway 1-15 Est. Construction Start/End: 05/2019 — 07/2019 Project Status: Design Department: Engineering Project Manager: Romeo David � �AMELW-V "" CUULr p ��l—_ ❑off f y 4'zl I, F w �1W1 Q `n COLONNA�E=ON RILE Y=1 V�1C�+ rQ O N WINS'a?�Yy�9R}�/J/`C��SJ\'MDS'AIC:UR� C�Ol �yL-DEN.LEY�F-DRI gL4lL E�A LLL PALO -A LTOIST 4�T�IAI ARU -QRS PARKS U CA VAN I("M QI TA N VIEW PARK � -� �U =w wZ. &V m "V � Y PARK; x U F DLTNRq�_CENTER�R� MILLE MILLIKEN PARK 011 � • �PAINL B+L LIBRARY 'iiiNYON (NORTH=MAINSTREE.7--- EL 4RY q/'� ( %J�o AHFST I 4 j '9" RWICK ST LU d_W E CC LAR S \/ EFFEN 1 T JJ DI "IORSE-T-ST p ARK $TAFFORG 5T I J�Ij a� G II II VICTOR A=GA'R DE NS -LN CHERY.- Si } � a F ` ��11f a MIL -LE -UM `T p IVu [ EPICENTE RISPORTS COMPLE% s h • RANCHO CUCAM NOAADULTS'1PORTS COMPLEX �.1A�CK:HEN NY -OR RC ANIMAL CARE&ADOPTION CENTER 11 • A RROILJ RTE Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, video detection zoning adjustment, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($): $0 $60,000 $1,340,000 $0 $0 $0 $1,400,000 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $60,000 $0 $0 $0 $0 $60,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $1,100,000 $0 $0 $0 $1,100,000 Inspection & Administration $0 $0 $130,000 $0 $0 $0 $130,000 Contingency $0 $0 $110,000 $0 $0 $0 $110,000 Total Costs: $0 $60,000 $1,340,000 $0 $0 $0 $1,400,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Road Maint & Rehab (179) $0 $0 $1,340,000 $0 $0 $0 $1,340,000 Measure I Fund (177) $0 $60,000 $0 $0 $0 $60,000 Total Costs: $0 $60,000 $1,340,000 $0 $0 $0 $1,400,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. H7 Page 459 Project Number: 800-2018-14 JL Key: 1130 Object: 5650 District: 2,3 Haven Avenue from Church Street to Base Line Road - Pavement Rehabilitation Project Location: Haven Avenue from Church Street to Base Line Road Est. Construction Start/End: 05/2019 — 06/2019 Project Status: Design Department: Engineering Project Manager: Romeo David IJ11 ! Ou TTI TEE F R JJJu NE OSA ARK rYJ i�T Okov IC3 IA G J < Ia, UEH R c 5-1LSL SL R. EEMENTA WIC'EL T IL x R III 11 � AMES DRU LTE SENIOR CEN TER - RO/CT QQ mDY LEWD cOMWNT4NT [• Il RJ In g, R 7 !T `ll ��['�TIII1j IIr`I n I7— �0 _ _. �R� � L'pE R: L—J LJL_ Re Vp r �eeEiT $ C� TE a IIIIIIIIIIIto urn Muss + T yYl d] J C S PA IDm d L/�IG>3iwtsl IlC j j 4 n� LI 9PRYCE YE T g EH PF ` JJl A LO'IC ,,,"'1999Ir,, v kc k9E p{SMRpgp:9i I OpF L 1'OH �! 1. 55 1• �MORW Sr- L IAEN ARY MIL q7I '�E T EIFREu:6*-555ttkLu HENT SI— Y8 ARS Yw^ LP M. LEWI ARN FRE .TA]IO j— i I1 wszr TAYIA i� F.S'+AG CtpLV, "�i Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, video detection zoning adjustment, utility valves and manhole adjustments and pavement striping. $0 Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. $0 Project Cost Estimate ($): Project Funding: Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $700,000 $400,000 $0 $0 $0 $0 $1,100,000 Inspection & Administration $80,000 $60,000 $0 $0 $0 $0 $140,000 Contingency $70,000 $40,000 $0 $0 $0 $0 $110,000 Total Costs: $850,000 $500,000 $0 $0 $0 $0 $1,350,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Road Maint & Rehab (179) $850,000 $500,000 $0 $0 $0 $0 $1,350,000 Total Costs: $850,000 $500,000 $0 $0 $0 $0 $1,350,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. H8 Page 460 Project Number: 800-2012-29 JL Key: 1815 Object: 5650 District: 1,4 Hermosa Avenue from Banyan Street to 300' North Wilson Avenue - Pavement Rehabilitation Project Location: Hermosa Avenue from Banyan Street to Wilson Avenue Est. Construction Start/End: 06/2019 -10/2019 Project Status: Design Department: Engineering Project Manager: Curt Billings Description: This project involves cold planning and localized asphalt removal and replacement, crack sealing, asphalt pavement overlay, utility valve and manhole cover adjustments, and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $228,000 $0 $0 $0 $0 $228,000 Inspection & Administration $0 $15,000 $0 $0 $0 $0 $15,000 Contingency $0 $23,000 $0 $0 $0 $0 $23,000 Total Costs: $0 $266,000 $0 $0 $0 $0 $266,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Road Maint & Rehab (179) $0 $266,000 $0 $0 $0 $0 $266,000 Total Costs: $0 $266,000 $0 $0 $0 $0 $266,000 Impact on Operations: Reduced street maintenance costs for pothole repairs and crack seal, thus freeing up maintenance crews to attend to other needed areas. H9 Page 461 Project Number: 800-2017-10 JL Key: 1976 Object: 5650 District 2 Hermosa Avenue north of Foothill Boulevard to Church Street - Street Widening Project Location: Hermosa Avenue from north of Foothill Boulevard to Church Street Est. Construction Start/End: 05/2019 - 06/2019 Project Status: Design Department: Engineering Project Manager: Romeo David Description: This project involves street widening, sidewalk and some pavement rehabilitation. Justification: This project will improve the traffic circulation and pedestrian safety due to wider road and sidewalks Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $50,000 $0 $0 $0 $0 $0 $50,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $400,000 $0 $0 $0 $0 $400,000 Inspection & Administration $0 $60,000 $0 $0 $0 $0 $60,000 Contingency $0 $40,000 $0 $0 $0 $0 $40,000 Total Costs: $50,000 $500,000 $0 $0 $0 $0 $550,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Beautification Fund (110) $0 $350,000 $0 $0 $0 $0 $350,000 Gas Tax R&T 7360 Fund (174) $50,000 $150,000 $0 $0 $0 $0 $200,000 Total Costs: $50,000 $500,000 $0 $0 $0 $0 $550,000 Impact on Operations: Less routine maintenance like weed abatement and repair of existing rock wall, thus freeing up maintenance crews to attend to other needed areas. H10 Page 462 Project Number: 800-2018-15 JL Key: 1960 Object: 5650 District: 1,4 Highand Avenue from Archibald Avenue to Haven Avenue - Pavement Rehabilitation Project Location: Highland Avenue from Archibald Avenue to Haven Avenue Est. Construction Start/End: 05/2019 — 06/2019 Project Status: Design Department: Engineering Project Manager: Romeo David �f Lq dao f RNWO �L VENDER c :HAFFEY • -I NITA=DRt�� KE�4N(f i:C�LLEL�E q m= SOUTHRIDGE=DR e S zQ-1COCA7S. PROJ CT LOCATION sJ L—m MERL'-OT-CT W BAN AN -ST w !� 7ItL EL MEN J r a 1 J G FI �P OR-T-5TH1915ICUS,Ci a �� x Jf u CYIP RESS�CT —O O C w a ZINFAi 1P4VEFST 5 v_,_ _4 n@f P_J,�Q=� 7 VIA-ESERANiA 'd BRISTOL r`f U F _CAL=DARUST LL VINEYARD L -p Ju NI LUWJ w W J ' x� s" a H EATHER=ST Z� ;NG -AV G:AV'.E �m—� RiNG-`6 SONOR+Aj-AVE= Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, video detection zoning adjustment, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($): $25,000 $600,000 $0 $0 $0 $0 $625,000 Project Funding: Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $25,000 $0 $0 $0 $0 $0 $25,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $500,000 $0 $0 $0 $0 $500,000 Inspection & Administration $0 $50,000 $0 $0 $0 $0 $50,000 Contingency $0 $50,000 $0 $0 $0 $0 $50,000 Total Costs: $25,000 $600,000 $0 $0 $0 $0 $625,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Gas Tax R&T 7360 Fund (174) $25,000 $0 $0 $0 $0 $0 $25,000 Road Maint & Rehab (179) $0 $600,000 $0 $0 $0 $0 $600,000 Total Costs: $25,000 $600,000 $0 $0 $0 $0 $625,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. H11 Page 463 Project Location: Various Locations Est. Construction Start/End: 05/2019 — 07/2019 Project Status: Design Department: Engineering Project Manager: Romeo David Description: This project involves slurry seals and overlays. Project Number: 800-2018-16 JL Key: 1022 Object: 5650 District: 1,2,3,4 Local Street Pavement Rehabilitation at Various Locations Justification: This project if a slurry seal will seal the street thus extending the pavement life and if a pavement overlay will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $30,000 $40,000 $0 $0 $0 $0 $70,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $1,940,000 $1,925,000 $0 $0 $0 $0 $3,865,000 Inspection & Administration $35,000 $67,500 $0 $0 $0 $0 $102,500 Contingency $195,000 $167,500 $0 $0 $0 $0 $362,500 Total Costs: $2,200,000 $2,200,000 $0 $0 $0 $0 $4,400,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure I Fund (177) $450,000 $1,200,000 $0 $0 $0 $0 $1,650,000 Road Maint & Rehab (179) $1,000,000 $1,000,000 $0 $0 $0 $0 $2,000,000 Infrastructure Fund (198) $750,000 $0 $0 $0 $0 $0 $750,000 Total Costs: $2,200,000 $2,200,000 $0 $0 $0 $0 $4,400,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. H12 Page 464 Project Number: 800-2012-22 JL Key: 1601 Object: 5650 District: 4 Youngs Canyon Road - Extension from Koch Place to Cherry Avenue Project Location: Youngs Canyon Road a/side of Levy - Koch Place to before Cherry Avenue Est. Construction Start/End: To be determined Project Status: Design Department: Engineering Project Manager: Curt Billings SU CREEK COMMUNITY PARK II. = CT i II n IllFIR w O¢ a z z L ASSIA ST - .. r. PROJECT LOCATION ES.Tu� '$TONE=PB �pI3p ANl��T J E'I]R O=FR 2 n r yl SHEPME Description: The extension of Youngs Canyon Road between Koch Place and Cherry Avenue will construct a 4 lane road across a flood control basin and master plan its extension to Cherry Avenue. $0 $0 $3,150,000 Justification: This extension of Youngs Canyon Road will construct 1,100 foot segment across an existing flood control basin enabling future development east of the basin to complete the remaining 400 foot extension to Cherry Avenue. When completed the new road will relieve traffic congestion on Wilson Avenue to the north. Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 2020/21 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $100,000 $100,000 Design/Plan Review $300,000 $150,000 $50,000 $0 $0 $70,000 $570,000 Right -of -Way $0 $0 $0 $0 $0 $50,000 $50,000 Construction $0 $0 $0 $0 $0 $2,600,000 $2,600,000 Inspection & Administration $0 $0 $0 $0 $0 $50,000 $50,000 Contingency $0 $0 $0 $0 $0 $280,000 $280,000 Total Costs: $300,000 $150,000 $50,000 $0 $0 $3,150,000 $3,650,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL AD 88-2 Etiw/Highlnd Impry (813) $300,000 $150,000 $50,000 $0 $0 $3,150,000 $3,650,000 Total Costs: $300,000 $150,000 $50,000 $0 $0 $3,150,000 $3,650,000 Impact on Operations: Adds 1,100 feet of roadway to the City's street maintenance program. A more detailed cost estimate will be available after the preliminary design phase is complete. H13 Page 465 Traffic Projects included in this section are typically those that will promote safe and efficient traffic circulation per State and local design standards. Planned projects include two new signals, and upgrades at three intersections, synchronization at three freeway interchanges, and preparation of an ITS master plan. Traffic Projects are typically funded via Transportation Development Funds (124), Measure 1 (177), Gas Tax Funds (170, 172, and 174), Street Lighting Districts and some grant funding. Project List & FY 2018-19 Expenditures 1 6th at Hellman Ave - Traffic Signal $ 660,000 Installation 2 Advance Traffic Mgmt System $ 3,159,250 3 Base Line Rd at Lion St- Pedestrian $ 60,000 Overhead Beacon Installation 4 East Ave at Highland Ave - Traffic $ 625,000 Signal Installation 5 Green Bike Lanes & Safety $ 725,500 Enhancements 6 Milliken Avenue - Upgrade Left Turn $ 112,500 Phases 7 Southwest Cucamonga -Class I Bike $ 611,160 Trail 8 Terra Vista Parkway @ Spruce - $ 120,000 Safety Lighting Installation 9 Traffic Signal Battery Back -Up $ 300,000 Rplcmt $ 6,373,410 Sources of Funding for FY 2018-19 120,000 $150,000 150,000 60,000 1,336 Gas Tax R&T 7360 Transportation SLD 4 36,750 Citywide Infrastructure AB2766 Equip/Veh Rplcmt Page 466 Project Location: 6th Street and Hellman Avenue Est. Construction Start/End: 7/2018 — 10/2018 Project Status: Design/Construction Department: Engineering Project Number: 800-2017-03 JL Key: 1957 Object: 5650 District: 2 6th Street at Hellman Avenue - Traffic Signal Installation Project Manager: Natalie Avila Description: The scope of work to be performed in general consists of, but is not limited to, installation of traffic signal, fiberoptic interconnect and related equipment at Hellman Avenue and Sixth Street. Justification: The installation of traffic signals will improve traffic safety and reduce traffic congestion Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $30,000 $0 $0 $0 $0 $0 $30,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $550,000 $0 $0 $0 $0 $550,000 Inspection & Administration $0 $55,000 $0 $0 $0 $0 $55,000 Contingency $0 $55,000 $0 $0 $0 $0 $55,000 Total Costs: $30,000 $660,000 $0 $0 $0 $0 $690,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Transportation (124) $30,000 $660,000 $0 $0 $0 $0 $690,000 Total Costs: $30,000 $660,000 $0 $0 $0 $0 $690,000 Impact on Operations: The City will be responsible to pay for the cost of electricity and maintenance. The estimated cost of electricity and maintenance for a traffic signal is $2,500 per year. 11 Page 467 Project Number: JL Key: 1982 Object: 5650 District: 2 Advance Traffic Management System Phase 1 Project Location: West to Easterly City Limits below Foothill Boulevard to 4th Street. _ Including from Base Line Road to nir CITY OF RAW -HO Foothill Boulevard between J i Hellman Avenue and Ramona Avenue. I r� r- Est. Construction Start/End: Imo' TBD UNAM 17 '^I•Y n,' CT TION Project Status: - Design Department: Engineering r err Project Manager: o�ruF Uly O O Natalie Avila Description: Installing Closed Circuit Television (CCTV) cameras, fiber optic cable and conduit, networking equipment, upgrading and integrating 76 traffic signals into the Traffic Management Center (TMC) located at city hall, and implementing traffic signal coordination timing. Justification: Implementation of this project will improve monitoring, retiming and coordination of the City's traffic signal system. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Consultant Services $0 $300,000 $0 $0 $0 $0 $300,000 Staff Training $0 $0 $0 $0 $0 $0 $0 Design/Equipment Specifications $0 $0 $0 $0 $0 $0 $0 Procurement/Construction $0 $2,118,000 $0 $0 $0 $0 $2,118,000 System Testing and Integration $0 $0 $0 $0 $0 $0 $0 Inspection & Administration $0 $317,650 $0 $0 $0 $0 $317,650 Contingency $0 $423,600 $0 $0 $0 $0 $423,600 Total Costs: $0 $3,159,250 $0 $0 $0 $0 $3,159,250 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Transportation (124) $0 $3,159,250 $0 $0 $0 $0 $3,159,250 Total Costs: $0 $3,159,250 $0 $0 $0 $0 $3,159,250 Impact on Operations: Development of the City's ITS will improve maintenance, staff efficiencies and reduce related costs. These system upgrades will also provide substantial improvements in system -wide signal timing and coordination, improving operational efficiencies, while also resulting in fewer citizen complaints. 12 Page 468 Project Number: 800-2015-24 JL Key: 1921 Object: 5650 District: 1 Base Line Road at Lion Street - Pedestrian Overhead Beacon Installation Project Location: Base Line Road at Lion Street Est. Construction Start/End: 4/2018 — 5/2018 Project Status: Construction Department: Engineering Project Manager: Natalie Avila ROBE SST a� PR JECT LOCATION e qP BASE LINE RD F LIONS PARK nm1 R nR 9� a �¢ m a �4Q a 0 0 4 ell� w i �QO ALDER ST y W O b Q e a � W � G Q. O < = i R -di; I Y Description: The scope of work to be performed in general consists of, but is not limited to, installation of a pedestrian overhead beacon and related equipment, signing, striping, and the reconstruction of curb ramps for the mid -block crosswalk at Base Line Road and Lion Street. Funding Source Prior Years 2018/19 2019/20 2020/21 Justification: The project will improve pedestrian safety. TBD TOTAL Citywide Infrastructure Impry (198) $20,000 $60,000 $0 $0 $0 Project Cost Estimate ($): $80,000 Total Costs: $20,000 $60,000 $0 $0 $0 $0 Expenditure/Category Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $20,000 $0 $0 $0 $0 $0 $20,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $50,000 $0 $0 $0 $0 $50,000 Inspection & Administration $0 $10,000 $0 $0 $0 $0 $10,000 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $20,000 $60,000 $0 $0 $0 $0 $80,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Citywide Infrastructure Impry (198) $20,000 $60,000 $0 $0 $0 $0 $80,000 Total Costs: $20,000 $60,000 $0 $0 $0 $0 $80,000 Impact on Operations: The City will be responsible for the cost of electricity and maintenance. The estimated cost of electricty and maintenance for a pedestrian hybrid beacon is $1,500 per year. 13 Page 469 Project Number: 800-2017-03 JL Key: 1958 Object: 5650 District: 4 East Avenue at Highland Avenue - Traffic Signal Installation Project Location: East Avenue and Highland Avenue PROJECT LOCAT Est. Construction Start/End: 7/2018 — 10/2018 Project Status: Design/Construction Department: Engineering Project Manager: Natalie Avila �LJLJIJC Description: The scope of work to be performed in general consists of, but is not limited to, installation of traffic signal, fiberoptic interconnect and related equipment at East Avenue and Highland Avenue. Justification: The installation of traffic signals will improve traffic safety and reduce traffic congestion. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $30,000 $0 $0 $0 $0 $0 $30,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $550,000 $0 $0 $0 $0 $550,000 Inspection & Administration $0 $20,000 $0 $0 $0 $0 $20,000 Contingency $0 $55,000 $0 $0 $0 $0 $55,000 Total Costs: $30,000 $625,000 $0 $0 $0 $0 $655,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Transportation (124) $30,000 $625,000 $0 $0 $0 $0 $655,000 Total Costs: $30,000 $625,000 $0 $0 $0 $0 $655,000 Impact on Operations: The City will be responsible to pay for the cost of electricity and maintenance. The estimated cost of electricity and maintenance for a traffic signal is $2,500 per year. 14 Page 470 Project Number: JL Key: 1952 Object: 5650 District: 1,2,3, & 4 Green Bike Lanes & Safety Enhancements Project Location: Base Line Road from Westerly to Easterly City Limits and Street Intersection Crossings along Pacific Electric (PE) Trail Est. Construction Start/End: 3/2017 - 10/2019 Project Status: Design/Construction Department: Engineering Project Manager: Natalie Avila Description: Enhance Existing Class II Bike Lanes an approximate 2.6 -mile segment of existing Class II bicycle lanes along Base Line Road. Installation of Safety Enhancements along approximately 7 -mile segment of the PE Trail in order to increase motorist yielding. Public Outreach and Education element designed to encourage and promote alternatives to motorized transportation. Justification: This project is funded by the Clean Transportation Funding Grant from the Mobile Source Air Pollution Reduction Review Committee (MSRC) Contract Number ML14070, helping to reduce vehicle emissions in the South Coast Air Quality Management District. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Education Outreach $5,000 $0 $5,000 $0 $0 $0 $10,000 Design/Plan Review $0 $5,000 $0 $0 $0 $0 $5,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $600,417 $0 $0 $0 $0 $600,417 Inspection & Administration $0 $60,042 $0 $0 $0 $0 $60,042 Contingency $0 $60,042 $0 $0 $0 $0 $60,042 Total Costs: $5,000 $725,500 $5,000 $0 $0 $0 $735,500 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL AB 2766 Air Qual Impry Fund (105) $5,000 $725,500 $5,000 $0 $0 $0 $735,500 Total Costs: $5,000 $725,500 $5,000 $0 $0 $0 $735,500 Impact on Operations: This project will add a few miles to the City's street striping maintenance, requiring routine maintenance. Traffic maintenance is anticipated to be impacted with possiblity of additonal equipment 15 Page 471 Project Number: JL Key: 1989 Object: 5650 District: 3 & 4 Milliken Avenue - Upgrade Left Turn Phases Project Location: jUnn VINTAGE=o W VINT Com' ��� Milliken Avenue at Vintage Drive, �1L oR o Milliken Avenue at Church Street, j��m Roo aoR q-_AVE and Milliken Avenue at Milllenium g moo' ���w Court — w' `cwJ nr Hr ' IsTd-e HEsT a.° "1G.ds =;� E�:RK=ur'J���F'f'a= Est. Construction Start/End: 7/2018 — 10/2018 Project Status: Design/Construction Department: Engineering Project Manager: Natalie Avila Description: The scope of work to be performed in general consists of, but is not limited to, removing protected -permissive left turn phasing and replacing with flashing yellow arrow left turn phasing for the traffic signals and modify medians on Milliken Avenue. Justification: The project will improve safety and efficiency for vehicles and pedestrians by providing flashing yellow arrow left turn vehicle movements. $0 $0 $0 $0 $120,000 Project Funding: Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $7,500 $0 $0 $0 $0 $0 $7,500 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $90,000 $0 $0 $0 $0 $90,000 Inspection & Administration $0 $13,500 $0 $0 $0 $0 $13,500 Contingency $0 $9,000 $0 $0 $0 $0 $9,000 Total Costs: $7,500 $112,500 $0 $0 $0 $0 $120,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Transportation (124) $7,500 $112,500 $0 $0 $0 $0 $120,000 Total Costs: $7,500 $112,500 $0 $0 $0 $0 $120,000 Impact on Operations: After installation and configuration of the protected left turn traffic signal equipment, no additional impacts on operations will be present. 16 Page 472 Project Location: Cucamonga Creek Channel from Foothill Boulevard to 4th Street and Deer Creek Channel from Church Street to 4th Street Est. Construction Start/End: 10/2017 - 10/2019 Project Status: Design/Construction Department: Engineering Project Manager: Natalie Avila Project Number: JL Key: 1953 Object: 5650 District: 2 & 3 Southwest Cucamonga Class I Bike Trail Project CI,UI.'N "�° R,h-Y� Y tidy lI RAAJ •_. • . VOLIL"A.,L'All, 7f[RY� m ELME T 6 LLE ARN[ I �— , I R n i �a UGAMMON r� (JT •Pk li RE TAT LIRE" L ]] S GCfNI i iiCll y LI J Ll REOMMIINIT CR13N9 YiT K I. M mil }SEI •R ✓e _a r, E�' MeW�.' Fiu G 8d t RL- fe_Rt R -� �L ���` n _� C11 HALL `IICE STRVO`N'ff ORM�q^'�^1 FPICORMEA LR RL W1L71OR WL�C HiE [1R I RC AN AL CA E & TT l ,F FAMILY RI �SOy RC LIC'ECU A9 6cvia LLE P° T d YLiR sTA � - 1llIl J TI I ES GOL I 1 R E - K PAR �6 � EMPIRE L KFS G Wa I • TH� Description: Construction of approximately 2.46 miles (12, 990 LF) of Class I shared -use path improvements along the Cucamonga Creek Channel from Foothill Boulevard to 4th Street. Construction of 1.85 miles (9,750 LF) along the Deer Creek Channel shared -use path from Church Street to 4th Street. Public Outreach and Education element designed to encourage and promote alternatives to motorized transportation. Justification: Clean Transportation Funding Grant from the Mobile Source Air Pollution Reduction Review Committee (MSRC) Contract Number ML16052, helping to reduce vehicle emissions in the South Coast Air Quality Management District. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Education Outreach $5,000 $5,000 $5,000 $0 $0 $0 $15,000 Design/Plan Review $15,000 $0 $0 $0 $0 $0 $15,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $505,133 $0 $0 $0 $0 $505,133 Inspection & Administration $0 $50,513 $0 $0 $0 $0 $50,513 Contingency $0 $50,513 $0 $0 $0 $0 $50,513 Total Costs: $20,000 $611,160 $5,000 $0 $0 $0 $636,160 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL AB 2766 Air Qual Impry Fund (105) $20,000 $611,160 $5,000 $0 $0 $0 $636,160 Total Costs: $20,000 $611,160 $5,000 $0 $0 $0 $636,160 Impact on Operations: This project will add approximately 4.3 miles to the City's trail maintenance, requiring routine maintenance. Striping and Signs maintenance crews are also anticipated to be impacted with possiblity of additonal routine maintenance of wayfinding trail signs and routine mainenance along Class I bicycle path. 17 Page 473 Project Location: Terra Vista Parkway at Spruce Avenue Est. Construction Start/End: 7/2017 - 9/2017 Project Status: Construction Department: Engineering Project Manager: Natalie Avila Project Number: 800-2015-17 JL Key: 1902 Object: 5650 District: 3 Terra Vista at Spruce - Safety Lighting Installation EASE LINE RD COYO CANY❑ PARK 3PRIIG AYCN }.Vt ILLIKCN P PROJECT LOCATION ALoI, I Description: The scope of work to be performed in general consists of, but is not limited to, installing safety lighting at the existing all -way stop - controlled intersection. Justification: The project will upgrade the lighting for vehicles and pedestrians by enhancing the visibility at the intersection. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $20,000 $0 $0 $0 $0 $0 $20,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $100,000 $0 $0 $0 $0 $100,000 Inspection & Administration $0 $10,000 $0 $0 $0 $0 $10,000 Contingency $0 $10,000 $0 $0 $0 $0 $10,000 Total Costs: $20,000 $120,000 $0 $0 $0 $0 $140,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL SLD 4 (154) $20,000 $120,000 $0 $0 $0 $0 $140,000 Total Costs: $20,000 $120,000 $0 $0 $0 $0 $140,000 Impact on Operations: The project will increase the cost for electrical service, and maintenance to replace LED lamps will occur approximately every 10 years. 18 Page 474 Project Location: Foothill Boulevard between San Bernadino Road and Aspen Street Est. Construction Start/End: Sept/2018 - Nov/2018 Project Status: Construction Department: PWSD Project Manager: Ernie Ruiz Description: Project Number: JL Key: 1980 Object: 5650 District: 1 & 2 Traffic Signal Battery Back -Up Replacements Phase 1 in a multi -phase project to replace all TESCO battery back-up systems on Foothill Boulevard. Project limits for this phase are from San Bernardino Road to Aspen Street. Justification: These TESCO battery back-up systems are no longer supported by the manufacturer and have seriously degraded reliability. They are 11 to 12 years old. The existing units are no longer repairable and must be replaced with a new system when they fail. The battery back-up system will place a signalized intersection in 4 -way red flash during a power outage. $300,000 $1,500,000 Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $270,000 $270,000 $270,000 $270,000 $270,000 $1,350,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Total Costs: $0 $300,000 $300,000 $300,000 $300,000 $300,000 $1,500,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Gas Tax R&T 7360 (174) $0 $150,000 $150,000 $150,000 $150,000 $150,000 $750,000 Eq/Veh Replacement (712) $0 $150,000 $150,000 $150,000 $150,000 $150,000 $750,000 Total Costs: $0 $300,000 $300,000 $300,000 $300,000 $300,000 $750,000 Impact on Operations: The new battery back-up systems will be significantly more reliable than the present TESCO systems 19 Page 475 Future & Unfunded Projects included in this section are those that have been identified as being a priority project, but lack dedicated funding for the upcoming fiscal year. Projects designated as 'Unfunded' could be waiting on grant approval, or perhaps until new special fund monies become available. Projects showing dedicated funding sources, but which are slated to occur in future fiscal years have mostly likely been delayed due to issues with the future funding of operating expenses. We have included this section to illustrate those priority projects that did not make it into the FY 2018/19 budget for either of these reasons. Staff is actively pursuing grant or other fundraising opportunities for several of the projects in this section. Prosect List & FY 2018-19 Expenditures 1 4th St: Haven Ave to Milliken Ave - Pavement Rehab 2 6th St at BNSF Spur Crossing west of Etiwanda Avenue 3 Banyan Ave:Haven-Rochester Pavement Rehab 4 Central Park -Trail Head Improvements 5 Day Creek Blvd- Upgrade LT Phases 6 Deer Creek Channel -Distribution Extension 7 Distribution System Automation 8 Etiwanda Ave - Line Extension 9 Foothill Blvd: Decorative Street Lght Reorg 10 Haven Ave from Wilson to Vivienda- Community Trail 11 Lemon Ave from Archibald to Haven - Pavement Rehab 12 LoanMart Stadium - Field Renovation 13 Milliken Ave:210 Freeway -Banyan St - Pavement Rehab 14 Paul A. Biane Library - Second Floor Rancho KIDS Project 15 Rochester Ave from 6th st to Arrow Rte - Pavement Rehab 16 Rochester Ave from Base Line to Banyan - Pavement Rehab $ 500,000 Sources of Fundine for FY 2018-19 $ 16,953,000 $ 550,000 $ 611,000 $ 950,000 $ 27,921,000 J Page 476 Sources of Funding for FY 2018-19 $ 1,890,000 $ 112,500 $800,000 $1,890,000 $ _ $852,500 $1,200,000 $ 250,000 �$150,000 $ 602,500 $112,500 $ - $175,000 $ 150,000 $ 430,000 $22,741,000 $ 175,000 $ 497,000 ■ Road Maint & Rehab ■ Park Development ■ Measure 1 ■ Beautification $ 4,250,000 Municipal Utility Transportation Sports Complex Unknown $ 611,000 $ 950,000 $ 27,921,000 J Page 476 4th Street from Haven Avenue to Milliken Avenue Pavement Rehabilitation Project Location: 4th Street from Haven Avenue to Milliken Avenue Est. Construction Start/End: 06/2019 — 08/2019 Project Status: Design Survey Department: Engineering Project Manager: Romeo David Project Number: 800-2018-10 JL Key: 1983 Object: 5650 District: 2 141 C -1'1'S VL'l1Vlti-IH 11 w j] N W=,4CA:CIA=1:.T1 Q L,r w � e Ili=S:TI I �4�=7:----c EMPIRE LAKES GOLF COURSE 4 C7 z w 6TFY_ST � 7 W T LOCATION ;- PROJ � t � �J .0 g a EMP E LAKES GOLF C URSE 5TH :ST- EMS4R1{-ST � M�I SSION=V'.I ST�fRJf{ Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, video detection zoning adjustment, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $50,000 $0 $0 $0 $50,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $395,500 $0 $0 $0 $395,500 Inspection & Administration $0 $0 $14,950 $0 $0 $0 $14,950 Contingency $0 $0 $39,550 $0 $0 $0 $39,550 Total Costs: $0 $0 $500,000 $0 $0 $0 $500,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure I Fund (177) $0 $0 $500,000 $0 $0 $0 $500,000 Total Costs: $0 $0 $500,000 $0 $0 $0 $500,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. J1 Page 477 Project Number: 800-2015-18 JL Key: 1839 Object: 5650 District: 4 6th Street at BNSF Spur Crossing west of Etiwanda Avenue Project Location: 6th Street at the BNSF spur track, west of Etiwanda Avenue. Est. Construction Start/End: To be determined Project Status: Design Department: Engineering Project Manager: Curt Billings —FIF �bTION � m O ROJ ECTonOCATI ON J J 6TH ST Description: Prepare preliminary design drawings and cost estimates for a grade crossing at 6th Street and the BNSF Railroad Spur. Justification: This project, if constructed, would complete 6th Street, between Santa Anita Avenue and Etiwanda Avenue, and provide better traffic circulation for the area. $0 $0 $0 $16,953,000 $17,027,360 Project Funding: Project Cost Estimate ($): Funding Source Expenditure/Category Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $74,360 $0 $0 $0 $0 $960,000 $1,034,360 Right -of -Way $0 $0 $0 $0 $0 $893,000 $893,000 Construction $0 $0 $0 $0 $0 $12,100,000 $12,100,000 Inspection & Administration $0 $0 $0 $0 $0 $1,200,000 $1,200,000 Contingency $0 $0 $0 $0 $0 $1,800,000 $1,800,000 Total Costs: $74,360 $0 $0 $0 $0 $16,953,000 $17,027,360 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Unknown $0 $0 $0 $0 $0 $16,953,000 $16,953,000 Transportation Fund (124) $74,360 $0 $0 $0 $0 $0 $74,360 Total Costs: $74,360 $0 $0 $0 $0 $16,953,000 $17,027,360 Impact on Operations: None at this time. J2 Page 478 Project Number: 800-2018-11 JL Key: 1724 Object: 5650 District: 2 Amethvst Avenue from Hillside Road to FCD Stockaile Area Pavement Rehabilitation Project Location: Amethyst Avenue, from Hillside Road to FCD Stockpile Area Est. Construction Start/End: 06/2019 — 08/2019 Project Status: Costruction Department: Engineering Project Manager: Romeo David Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $200,000 $200,000 Inspection & Administration $0 $0 $0 $0 $0 $30,000 $30,000 Contingency $0 $0 $0 $0 $0 $20,000 $20,000 Total Costs: $0 $0 $0 $0 $0 $250,000 $250,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Gas Tax R&T 7360 Fund (174) $0 $0 $0 $0 $0 $250,000 $250,000 Total Costs: $0 $0 $0 $0 $0 $250,000 $250,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. J3 Page 479 Project Number: 800-2018-12 JL Key: 1984 Object: 5650 District: 4 Banyan Avenue from Haven Avenue to Rochester Avenue Pavement Rehabilitation Project Location: Banyan Avenue from Haven Avenue to Rochester Avenue LN Est. Construction Start/End: 06/2019 — 08/2019 Project Status: Design Department: Engineering Project Manager: Romeo David ECT LOCATION Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, video detection zoning adjustment, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $450,000 $450,000 Inspection & Administration $0 $0 $0 $0 $0 $55,000 $55,000 Contingency $0 $0 $0 $0 $0 $45,000 $45,000 Total Costs: $0 $0 $0 $0 $0 $550,000 $550,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure I Fund (177) $0 $0 $0 $0 $0 $550,000 $550,000 Total Costs: $0 $0 $0 $0 $0 $550,000 $550,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. J4 Page 480 Project Location: 11200 Base Line Road Est. Construction Start/End: 09/2018 - 02/2019 Project Status: Design/Construction Department: Community Services/Parks Project Manager: Jennifer Hunt Gracia Project Number: JL Key: 1871 Object: 5650 Ditstrict: 3 Central Park - Trail Head Improvements }/�) �E�� V\ oELAWRRe-o+— 4-Og`�'� LL11 YJA'g5 RD �RSOFj_ f 0�9NSS� 4 ( � �ti r J L Ap60_DR NO: }{1 l�/N6—VR:R❑"�4 ¢� O JpMPRyy FAIFMON TYVA' V OJECT' LOCATIO � c ` _=����°"f Q F9RQ���� tU�, 4. i Q V �O' YLORST i£�NGANO�RJ BARf6R_ O 3 PACIFIC ELECTRIC TRAIL NORTHVIEN!_DRI] '44 O �O `dcz EL4:q 6_ \i RANCHO GU CAMONGA CENTRAL PARK ? O CAMEL4A-OR�LL � BASE LINE RD �4 G-ENOA25 OR rt1.R1WfCSp.q STONER �r a Jl — Im a I J�Ml11RE1ELG:OR �� O N OR h R` C SUNDT OR� T-9 ._ D 0 I - �esalTR III LJv v+EST �•9 0 TA-igF1ELp�ORY�TEFFJ � I flY-I^- �N Pd RK Description: This project will provide the next phase of development for Central Park, which will include the design for approximately 2.5 acres north of the interior road, between the PE Trail and the Community Center. Included will be additional parking and a restroom facility for trail users. Justification: Responds to requests from residents for further improvements to Central Park and provides ADA accessibility between the Community Center and the PE Trail. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $30,000 $0 $0 $0 $0 $0 $30,000 Design/Plan Review $219,030 $0 $0 $0 $0 $0 $219,030 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $1,530,000 $1,530,000 Inspection & Administration $0 $0 $0 $0 $0 $55,000 $55,000 Contingency $0 $0 $0 $0 $0 $305,000 $305,000 Total Costs: $249,030 $0 $0 $0 $0 $1,890,000 $2,139,030 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Park Development (120) $249,030 $0 $0 $0 $0 $1,890,000 $2,139,030 Total Costs: $249,030 $0 $0 $0 $0 $1,890,000 $2,139,030 Impact on Operations: This project, will require facility maintenance such as cleaning of the restroom, waste disposal as well as landscape and irrigation maintenance as needed. J5 Page 481 Project Location: Day Creek Boulevard at Silerberry Street, Day Creek Boulevard at Victoria Park Lane and Day Creek Boulevard at Church Street Est. Construction Start/End: 7/2018 — 10/2018 Project Status: Design/Construction Department: Engineering Project Manager: Natalie Avila Project Number: 800-2017-04 JL Key: 1956 Object: 5650 District: 3 Day Creek Boulevard - Upgrade Left Turn Phases n��-wwwwe nicer--• re vii •� 2 � Rwo�� `-- �� rc�$ �+ a �•�a��K�l��R .EE e :ewe 1 w" A y Y Description: The scope of work to be performed in general consists of, but is not limited to, removing protected -permissive left turn phasing and replacing with flashing yellow arrow left turn phasing for the traffic signals and modify medians on Day Creek Boulevard. Justification: The project will improve safety and efficiency for vehicles and pedestrians by providing flashing yellow arrow left turn vehicle movements. Project Funding: Project Cost Estimate ($): Expenditure Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $7,500 $0 $0 $0 $0 $0 $7,500 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $90,000 $0 $0 $0 $90,000 Inspection & Administration $0 $0 $13,500 $0 $0 $0 $13,500 Contingency $0 $0 $9,000 $0 $0 $0 $9,000 Total Costs: $7,500 $0 $112,500 $0 $0 $0 $120,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Transportation (124) $7,500 $0 $112,500 $0 $0 $0 $120,000 Total Costs: $7,500 $0 $112,500 $0 $0 $0 $120,000 Impact on Operations: After installation and configuration of the protected left turn traffic signal equipment, no additional impacts on operations will be present. J6 Page 482 Project Location: Deer Creek Channel between Church and Baseline Est. Construction Start/End: month/20XX — month/20XX Project Status: pre -design Department: Engineering Project Manager: RCMU Project Number: JL Key: 1988 Object: 5650 District: 3 Deer Creek Channel -Distribution Extension z q u U V CFI RS jC H-- Tl LJ LJ LJ LJ LJ a 9} _ � E w 'a r Leo JEC L � a�L y�Hl L z a �GII'1fC-L't N-1 i It_6R1 I� r� Description: With the approval of the Army Corps and San Bernardino Flood Control District, construct an RCMU electric and fiber line extension on the Deer Creek Flood control property. $0 $0 $0 Justification: Extension of approximately 3,500 feet of RCMU electric and fiber lines, which could provide interconnection to the Central Park Master Plan expansion project in the future. Utilizing the Deer Creek Channel would eliminate the need for extensive construction along the City's ROW. Project Cost Estimate ($): Funding Source Prior Years 2018/19 Expenditure/Category Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $0 $0 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $0 $0 $0 $0 $0 $0 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Municipal Utility (705) $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $0 $0 $0 $0 $0 $0 Impact on Operations: The increased load and potential RCMU access to the Central Park expansion could potential provide value to the City. J7 Page 483 Project Location: Various key RCMU Switch locations in RCMU Service Area Est. Construction Start/End: TBD Project Status: Design/Construction Department: Engineering Project Manager: Fred Lyn Project Number: J L Key: 1916 Object: 5650 District: 2,3,4 Distribution System Automation Description: Deployment of remotely and/or automatically controlled devices within RCMU's Distribution System. Justification: Placement of automated equipment in key asset infrastructure within RCMU's distribution system would allow for improvement in system reliability and efficiency in quickly identifying outages. The ability to remotely monitor distribution system conditions and and possibly control switches would reduce customer outage duration and improve restoration time. A SCADA system with a communication network such as wireless or existing fiber optic will be required. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $50,000 $50,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $100,000 $100,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $100,000 $100,000 Total Costs: $0 $0 $0 $0 $0 $250,000 $250,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020121 2021/22 TBD TOTAL Municipal Utility (Fund 705) $0 $0 $0 $0 $0 $250,000 $250,000 Total Costs: $0 $0 $0 $0 $0 $250,000 $250,000 Impact on Operations: The increased reliability will provide better customer service in identifying potential outages and restoring power as quickly as possibly in RCMU's service area. J8 Page 484 Project Location: Etiwanda Avenue Electric Line Extension - from Arrow Route to Foothill Boulevard Est. Construction Start/End: TBD Project Status: Design Department: Engineering Project Manager: Fred Lyn Project Number: JL Key: 1885 Object: 5650 District: 4 Etiwanda Avenue Line Extension Description: Distribution Line Extension east of the 1-15 freeway to service vacant parcels on the corner of Foothill Boulevard and Etiwanda Avenue with RCMU electricity. Justification: Line extension is needed to extend power service on Etiwanda Avenue to service vacant parcels on the corner Etiwanda Avenue and Foothill Boulevard. The City paid SCE exit fees for the right to service any load associated with a newly constructed facility or undeveloped parcels that has never been interconnected with Edison; this falls under that category. Project Cost Estimate ($): Expenditure/Category Prior Years C FO TNILL BLVD VJNE-ST �1 s G1,1E57NV-T-AV.E e TBD TOTAL Environmental/NPDES S. 3e $0 15C! AV.E 2; $0 bg PROJECT LOCATION $0 ARROW RTE $0 $0 Description: Distribution Line Extension east of the 1-15 freeway to service vacant parcels on the corner of Foothill Boulevard and Etiwanda Avenue with RCMU electricity. Justification: Line extension is needed to extend power service on Etiwanda Avenue to service vacant parcels on the corner Etiwanda Avenue and Foothill Boulevard. The City paid SCE exit fees for the right to service any load associated with a newly constructed facility or undeveloped parcels that has never been interconnected with Edison; this falls under that category. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $2,500 $2,500 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $500,000 $500,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $100,000 $100,000 Total Costs: $0 $0 $0 $0 $0 $602,500 $602,500 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Municipal Utility (Fund 705) $0 $0 $0 $0 $0 $602,500 $602,500 Total Costs: $0 $0 $0 $0 $0 $602,500 $602,500 Impact on Operations: The increased electricity load will provide additional revenue to RCMU 19 Page 485 Project Location: Foothill Boulevard Est. Construction Start/End: month/20XX — month/20XX Project Status: Pre -Design Department: Engineering Project Manager: Fred Lyn Project Number: J L Key: Object: 5650 District: 1,2,3,4 Foothill Boulevard Decorative Streetlight Reorganization rNI, Description: The decorative streetlights that are part of the City's Route 66 Foothill Boulevard Visual Improvement Plan (VIP) have been placed sporadically over the last 25 years. There are random VIP poles amongst the standard concrete streetlight poles on Foothill Boulevard which shows a lack of uniformity. Justification: A design, removal and replacement plan needs to be created for some of the existing random VIP poles in order to show streetlight uniformity on Foothill Blvd. A plan to create two (2) decorative VIP light "gateways": Western Foothill boundary from Grove to Vineyard; Eastern Foothill boundary from East to Rochester. Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD Project Cost Estimate ($): SLD 1 (151) $0 $0 $0 $0 $0 $0 $0 Total Costs: Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $0 $0 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $0 $0 $0 $0 $0 $0 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL SLD 1 (151) $0 $0 $0 $0 $0 $0 $0 Total Costs: $0 $0 $0 $0 $0 $0 $0 Impact on Operations: Completion of this project will provide streetlight uniformity for the 2 entrances on Foothill Boulevard, while potentially providing the City with some VIP poles to be used as spares for knockdowns. 1 10 Page 486 Project Number: 800-2018-17 JL Key: 1829 Object: 5650 District: 1 Haven Avenue from Wilson Avenue to Vivienda Street - Community Trail West side Project Location: Haven Avenue - From Wilson Avenue to Vivienda Street, west side Est. Construction Start/End: TBD Project Status: Design Department: Engineering Project Manager: Romeo David nioc� CANrpry RD eRo,.•er vivw.lw s* wtARA -T _ w , ROJECT OCATIO��1 HILLSIO! RD � 'S wl�DbN R�RCHaar ue ' CIYAFFl1' Description: Construction of an equestrian trail on Haven Avenue, west side. Project includes installation of 2 rail PVC fence, installation of decomposed granite and installation of mow curbs. Justification: This stretch will complete and connect missing sections of the existing community trail on the west side of Haven Avenue as part of the trail master plan. It will also improve the appearance of the west side of Haven Avenue. Project Cost Estimate ($): $0 $0 $150,000 $0 $0 $0 $150,000 Project Funding: Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $10,000 $0 $0 $0 $10,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $100,000 $0 $0 $0 $100,000 Inspection & Administration $0 $0 $30,000 $0 $0 $0 $30,000 Contingency $0 $0 $10,000 $0 $0 $0 $10,000 Total Costs: $0 $0 $150,000 $0 $0 $0 $150,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2021/21 2021/22 TBD TOTAL Beautification Fund (110) $0 $0 $150,000 $0 $0 $0 $150,000 Total Costs: $0 $0 $150,000 $0 $0 $0 $150,000 Impact on Operations: This stretch will add an additional quarter mile to the City's trail inventory, requiring trash removal, weed abatement, and routine maintenance. J11 Page 487 Project Number: 800-2012-24 JL Key: 1793 Object: 5650 District: 1, 4 Lemon Avenue from London Avenue to Haven Avenue - Pavement Rehabilitation Project Location: Lemon Avenue from Londc Avenue to Haven Avenue Est. Construction Start/End: TBD Project Status: Design Department: Engineering Project Manager: Curt Billings Description: This project involves cold planning and localized asphalt removal and replacement, crack sealing, asphalt pavement overlay, video detection, utility valve and manhole cover adjustments, and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $10,000 $0 $0 $0 $0 $0 $10,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $375,000 $375,000 Inspection & Administration $0 $0 $0 $0 $0 $18,000 $18,000 Contingency $0 $0 $0 $0 $0 $37,000 $37,000 Total Costs: $10,000 $0 $0 $0 $0 $430,000 $440,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Prop 42 Fund (190) $10,000 $0 $0 $0 $0 $0 $10,000 Unknown $0 $0 $0 $0 $0 $430,000 $430,000 Total Costs: $10,000 $0 $0 $0 $0 $430,000 $440,000 Impact on Operations: Reduced street maintenance costs for pothole repairs and crack seal, thus freeing up maintenance crews to attend to other needed areas. J12 Page 488 Project Location: Loan Mart Stadium Est. Construction Start/End: July/2018 — June/2019 Project Status: Design/Construction Department: PWSD Project Manager: Dean Rodia Project Number: JL Key: Object: 5607 District: 2 LoanMart Stadium - Field Renovation --�� :v 15 -in l 1❑ ❑i (�5�` �_J L�CJ LSU IDI 1�`illl/I\ V o- P � ❑ � YA j F111 F1 �Wj L,y ❑ VICTOR❑ RD❑ a w ❑a I� a d w EooT r A ON a �y ARR(AWRTE- ❑ J ❑ 1 Description: Total renovation, grading, leveling and irrigation alignment of the entire stadium field. Justification: After 25 years of constant use (baseball games, concerts, graduation, films, etc.), the playing field is in dire need of renovation Displacement caused by heavy equipment and/or compaction from the constant use has resulted in the playing field being $0 $0 $175,000 uneven. Except for a re -sodding of the infield 8 years ago, this is the original 1993 field. $175,000 Project Funding: Project Cost Estimate ($): Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $14,500 $0 $0 $0 $14,500 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $146,000 $0 $0 $0 $146,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $14,500 $0 $0 $0 $14,500 Total Costs: $0 $0 $175,000 $0 $0 $0 $175,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Unknown $0 $0 $175,000 $0 $0 $0 $175,000 Total Costs: $0 $0 $175,000 $0 $0 $0 $175,000 Impact on Operations: After the entire field has been renovated, maintenance costs will decrease as the need for extensive upkeep is reduced with these improved field conditions. J13 Page 489 Project Number: 800-2018-06 JL Key: Object: 5650 District: 4 Milliken Avenue from 210 Freeway to Banyan Street - Pavement Rehabilitation Project Location: Milliken Avenue from 210 Freeway Avenue to Banyan Street Est. Construction Start/End: TBD Project Status: Design Department: Engineering Project Manager: Curt Billings Description: This project involves cold planning and localized asphalt removal and replacement, crack sealing, asphalt pavement overlay, video detection, utility valve and manhole cover adjustments, and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. Project Cost Estimate ($) Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $425,000 $425,000 Inspection & Administration $0 $0 $0 $0 $0 $30,000 $30,000 Contingency $0 $0 $0 $0 $0 $42,000 $42,000 Total Costs: $0 $0 $0 $0 $0 $497,000 $497,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Unknown $0 $0 $0 $0 $0 $497,000 $497,000 Total Costs: $0 $0 $0 $0 $0 $497,000 $497,000 Impact on Operations: Reduced street maintenance costs for pothole repairs and crack seal, thus freeing up maintenance crews to attend to other needed areas. J14 Page 490 Project Location: 12505 Cultural Center Drive Est. Construction Start/End: TBD Project Status: Installation Department: Library Project Manager: Brian Sternberg Project Number: JL Key: 1867 Object: 5650 District: 3 Paul A. Biane Library - Second Story Project - VICTORIA rARDE * ULTU 1 PAU ILI BIANE LIBRARY a J m Y W W r� a ON Description: Second Story is a project that will build out the second floor of the Paul A. Biane Library at Victoria Gardens. Second Story is envisioned as an interactive discovery space combined with traditional library services to create a new type of learning experience that will appeal to children and people of all ages. Design and cost estimates of the second floor has been established as a Citv Council ¢nal for FY 7n14-1 S_ Justification: Demand for library services in the community continues to increase, particularly for children ages 0-7 and their families. Second Story is being designed to provide a new, unique service model that will combine the features of interactive children's museum exhibits with traditional library services. Second Story should also be a regional draw that will provide additional visitors to both the Victoria Gardens Shonnine District and the Lewis Familv Plavhouse. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $250,000 $0 $0 $0 $0 $750,000 $1,000,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $2,400,000 $0 $0 $0 $0 $3,500,000 $5,900,000 Inspection & Administration $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Total Costs: $2,650,000 $0 $0 $0 $0 $4,250,000 $6,900,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Library Capital Fund (329) $2,650,000 $0 $0 $0 $0 $0 $2,650,000 Unknown $0 $0 $0 $0 $0 $4,250,000 $4,250,000 Total Costs: $2,650,000 $0 $0 $0 $0 $4,250,000 $6,900,000 Impact on Operations: 2017 feasibility study projects an approximate $655,000 per year cost for operations and maintenance. (The project is designed to be revenue -generating.) 1 15 Page 491 Project Number: 800-2018-08 JL Key: Object: 5650 District: 2 Rochester Avenue from 6th Streeet to Arrow Route - Pavement Rehabilitation Project Location: Rochester Avenue - From 61 Street to Arrow Route Est. Construction Start/End: TBD Project Status: Design Department: Engineering Project Manager: Curt Billings Description: This project involves cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, traffic signal video detection, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $0 $0 $0 $0 $0 $0 $0 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $515,000 $515,000 Inspection & Administration $0 $0 $0 $0 $0 $44,000 $44,000 Contingency $0 $0 $0 $0 $0 $52,000 $52,000 Total Costs: $0 $0 $0 $0 $0 $611,000 $611,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure I Fund (177) $0 $0 $0 $0 $0 $611,000 $611,000 Total Costs: $0 $0 $0 $0 $0 $611,000 $611,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. J16 Page 492 Est. Construction Start/End: 06/2019 - 08/2019 Project Status: Design Department: Engineering Project Manager. Curt Billings � -FIRE 175II N � F IR �N51 TOIy EIpRIR JOHN LGOLDEN� c'SPECIALED L' BANNAN_5+TELEMENTii� APPIA:N-pR �^ A�Lf � n �� Project Number: 800-2016-02 2018/19 JL Key: 1935 %lU Object: 5650 0 District: 3,4 Rochester Avenue from Base Line Road to Banyan Street - Pavement Rehabilitation �E ON P RK I�1/�/�I00000,,��JJJJJIIII L7fRIC-U � Project Location: KjxEM LJ R CHO CLICAM HIGH f �u FP `1l1 GA CT00_ G¢, KAL'MI}l-ST a WI,NDRr�wS ENTARI r` r rc � LWINdROW�K $0 Rochester Avenue - From Base VI_CT6RIA-PARK-CNy EiTli3� _ � I F/1IRMDR-TWAI I II Line Road to Banyan Street .A gVON-CT LILY -CT ETIWAN� �� �✓a �� INTERMEm EGMEI -PR 'Ji ` + �I U'F Sl1G RGl1M-ST OAPIiNE�OR"" i OR:S L�IlGANO-❑R �L'—�f1V f� I v ACIFIII � EEE -TR TRA I� PNOU—T I }I �n Ei �l If 11 II1 I II L �kON-pR SWEETG N D FOGIISIA:PR Est. Construction Start/End: 06/2019 - 08/2019 Project Status: Design Department: Engineering Project Manager. Curt Billings � -FIRE 175II N � F IR �N51 TOIy EIpRIR JOHN LGOLDEN� c'SPECIALED L' BANNAN_5+TELEMENTii� APPIA:N-pR �^ A�Lf � n �� E -L -E -ME TA rHIGH-H GRSE,D VINTAGE pA� WIN��D''STAR\\ll R D �I VINTAGE -p 2018/19 u RODE O'DR���W� %lU Yea HIGHLAND -AVE 0 F -P R Environmental/NPDES �E ON P RK I�1/�/�I00000,,��JJJJJIIII L7fRIC-U � � �a� ABgFY KjxEM LJ R CHO CLICAM HIGH f �u FP `1l1 GA CT00_ G¢, KAL'MI}l-ST a WI,NDRr�wS ENTARI r` r rc � LWINdROW�K $0 e w i�aT CARL TO N'P. LI♦GHTFOOT I! n ELE HIEN IARY` VI_CT6RIA-PARK-CNy EiTli3� _ � I F/1IRMDR-TWAI I II 11 1` �I VINTS.GE ARK p�pG�15K1)R� � I IrV .A gVON-CT LILY -CT ETIWAN� �� �✓a �� INTERMEm EGMEI -PR 'Ji ` + �I U'F Sl1G RGl1M-ST OAPIiNE�OR"" i OR:S L�IlGANO-❑R �L'—�f1V f� I v ACIFIII � EEE -TR TRA I� PNOU—T I }I �n Ei �l If 11 II1 I II L �kON-pR SWEETG N D FOGIISIA:PR GEpTftA.4 PPi15 CENTER '' ` / II If n €L�LENA Pn� `LS LJ CY�l�fl,N�� r U EL'L'ENq EAST - (] h minGRAPEL FIRE STA .A `7 17] O"\\ 7\ JJ UU ELEMEN P L. OMMIh DQE-GNERo NIT-Y-CENTER�'M'DR� o� O 9 I w to 91 M O-"-���� - �mRALG-PR � C� Rte. �I Description: This project involves addition of a right turn land at Banyan Street, cold planing, localized asphalt removal and replacement, crack sealing, asphalt rubber hot mix overlay, traffic signal video detection, utility valves and manhole adjustments and pavement striping. Justification: This project will restore the existing road surface to a substantially new condition, extending pavement life, use and rideability. In addition, the project is using asphalt rubber and is therefore eligible and will be submitted for a CalRecycle rebate. Project Cost Estimate ($): Expenditure/Category Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Environmental/NPDES $0 $0 $0 $0 $0 $0 $0 Design/Plan Review $29,000 $0 $0 $0 $0 $0 $29,000 Right -of -Way $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $845,000 $845,000 Inspection & Administration $0 $0 $0 $0 $0 $20,000 $20,000 Contingency $0 $0 $0 $0 $0 $85,000 $85,000 Total Costs: $29,000 $0 $0 $0 $0 $950,000 $979,000 Project Funding: Funding Source Prior Years 2018/19 2019/20 2020/21 2021/22 TBD TOTAL Measure I Fund (177) $29,000 $0 $0 $0 $0 $150,000 $179,000 Road Maint & Rehab (179) $0 $0 $0 $0 $0 $800,000 $800,000 Total Costs: $0 $0 $0 $0 $0 $950,000 $800,000 Impact on Operations: Less routine maintenance like pothole repairs, weed abatement and crack seal, thus freeing up maintenance crews to attend to other needed areas. J17 Page 493 General Policies Z018/Z019 Improvement Program ATTACHMENT 3 Page 494 BEAUTIFICATION RANCHO CUCAMONGA Page 495 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A25 Page 496 Action w T e Z General Plan Policy i 4! O C C :Q 0 O O' m Implementation Action(s) E a y o d a ` fn d fn W LL. a CM- Continue to provide pedestrian amenities on sidewalks on major 3.11 O streets that are key pedestrian routes, including the provision of benches, shade trees, and trash cans. Identify key pedestrian travel corridors citywide, and prepare a Citywide Pedestrian Circulation Study to determine pedestrian amenity needs, capital and operating funding sources, and a phased implementation program. Develop a program for gradually installing public amenities A B such as streetlights, benches, trash containers, art, drinking fountains, ENG PL C D 5 landscaping, etc. that will enhance the pedestrian environment and encourage increased use of transit. Use both the CIP process and other funding sources, including a program whereby businesses or residents may sponsor street furniture and/or landscaped areas. CM- Continue to require that the siting and architectural design of new 3.12 O development promote safety, pedestrian -friendly design, and access to transit facilities. Develop standards to be applied to development projects along transit PL ENG 1 4 corridors that require transit and pedestrian accessibility. Establish a number of bike hubs in the City (centralized locations CM- O with convenient bike parking for trip destinations or transfer to 3.13 other transportation modes), at key transit nodes, and at commercial nodes. Conduct a study to determine the best locations for bike hubs in the City, and develop a plan, wayfinding program, and implementation process for ENG PL, RD A, B, 4 providing bike hubs that provide secure bicycle lockers, bike racks, and C D connections to transit at key locations in the City. CM- O Enhance pedestrian and bicycle access to local and regional 3.14 transit, including facilitating connections to transit. Same action as identified for CM -3.7. ENG PL 1 4 CM- Coordinate the provision of the non -motorized networks (bicycle 3.15 O and pedestrian) with adjacent jurisdictions to maximize sub - regional connectivity. Same action as identified for CM -3.7. ENG PL A, E, F 4 CM- O Establish fixed -route local circulator bus service connecting major 3.16 activity centers. Explore development of a fixed -route local circulator bus system, station ENG PL A, E, H 5 location, and funding mechanisms. Continue to implement traffic management and traffic signal CM -4.1 O operations measures along the arterial roadway to minimize delay and congestion for all modes, without adversely impacting transit, bicycles, and pedestrians. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A25 Page 496 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-57 Page 497 Action T e 3 General Plan Policy i �a a 3 d 0: C N � C •- O fq T VO O CM = d Implementation Action(s) E a h o o a ° a a w •c a = m Un W ti a` PL, AS, A B Same actions as identified for RC -4.1 to RC -4.5. ENG ENG, C, E, 3 CM, BS, G, I PW, FIN Encourage development of transit -oriented and infill development, PS -12.3 O and encourage a mix of uses that foster walking and alternative transportation. Same action as identified for RC -4.4. PL ENG A, 1 3 Provide enhanced bicycling and walking infrastructure, and support P$-12.4 O public transit, including public bus service, the! Metrolink, and the potential for Bus Rapid Transit (BRT). Same action as identified for RC -4.4. PL ENG A, 1 3 Provide green building incentives, assess green building techniques as a formal stage of project review, and develop a green PS -12.5 O building ordinance or program that addresses both new and existing buildings. Adaptation strategies will also include increased water efficiency in buildings. Same actions as identified for RC -6.1 to RC -6.4 PL BS A, I, K 4 ENG Encourage efforts to reduce waste generation and re -use and PS -12.6 O support increased recycling and composting opportunities with a focus on large commercial and industrial waste producers. Same action as identified for PF -7.1. ENG PL A 3 PS -12.7 O O Support tree planting, planting more vegetation (including native and drought -resistant planting), and preservation of open space. Same actions as identified for RC -1.1, RC -8.1 to RC -8.7. PL ENG, N, A, 1 4 PW PS -12.8 O Develop green procurement plans and ensure energy savings in City operations and maintenance. Same actions as identified for RC -5.1 to RC -5.3. AS CM, FIN, A,B, C, 4 PW E, K Develop energy- or climate change -themed publications and workshops, facilitating energy audits for residents, and establishing PS -12.9 O partnerships to reduce greenhouse gas emissions. Increase public awareness about climate change, and encourage residents and businesses to become involved in activities and lifestyle changes that help reduce greenhouse gas emissions. Same action as identified for RC -5.1. CM ENG A, K 4 Consider the compatibility of proposed land uses with the noise environment when preparing or revising community and/or specific PS -13.1 O plans and when reviewing development proposals. The contour map depicting future noise levels (Figure PS -10) should be used by the City as a guide to land use/noise compatibility. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-57 Page 497 DRAINAGE �.1 ANCHO CUCAMONGA Page 498 Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 499 Action w Type Z m General Plan Policy = �, > 0 N T = >, v ca N O O d Implementation Action(s) E a H c o M a 0) a. cn W LL a Complete intersection capacity improvements, coordinate traffic signals utilizing Intelligent Transportation Systems (ITS), and improve striping and signage. Striping shall maximize room for bike lanes where feasible and consistent with the Bicycle Plan. Modernize traffic signal equipment as necessary, and continue to update traffic signal timing and ENG PW A, D 3 synchronization plans to optimize traffic flow along the key arterial corridors, taking into account the needs of transit, bicyclists, and pedestrians as well. Invest in the communications infrastructure necessary to operate a Citywide traffic signal control system. Continue to design and operate arterials and intersections for the CM -4.2 O safe operation of all modes, including transit, bicyclists, and pedestrians. Same action as identified for CM -4.1. ENG A, D 3 CM -4.3 O Continue to implement Intelligent Transportation System Measures and advanced traffic management technologies where appropriate. Same action as identified for CM -4.1. ENG PW E; �' 3 Maintain the City's transportation infrastructure in good condition; CM -4.4 O O develop and maintain adequate funding sources for it's ongoing maintenance and upkeep. Continue to implement and follow the schedule for resurfacing streets ENG A' D' 4 and streets improvements per the CIP. E, F Continue to require that new development participates in the cost of CM -5.1 O transportation mitigation and improvements necessitated by new development, including non -automobile solutions. Require payment of Traffic Impact Fees as approved by the City Council, used to finance specific improvements made necessary by new development. The relationship between the fees, the cost of the ENG PL D 4 improvements, and new development has been established in fee analyses approved by the City Council. These fees shall be reviewed from time to time and adjusted as needed. Require evaluation of potential traffic and transportation impacts CM -5.2 O associated with new development prior to project approval, and require adequate mitigation measures, including non -automobile solutions, prior to, or concurrent with, project development. Require applicants to prepare traffic and transportation impact assessments consistent with adopted City guidelines and standards. Continue to require sidewalks, pedestrian paths, and connections to be ENG D 4 provided as part of new development projects to improve and enhance access between neighborhoods, and from neighborhoods to schools, parks, trails, commercial centers, and other activity centers. Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 499 FACILITILS RANCHO CUCAMONGA Page 500 Appendix A: Implementation Plan A-30 RANCHO CUCAMONGA GENERAL PLAN Page 501 Action Type Z W m General Plan Policy °Q W O >, V _ N O O C Implementation Action(s)CL a C c o Expand recreation and cultural attractions to enhance ED -2.3 O tourism/visitor potential and to boost sales and transient occupancy tax. Develop brochures or links from the City's web site to showcase the various recreational and cultural venues to attract visitors to the City. Enhancement of cultural amenities, including regional entertainment RD CS A 7 options, recreation, and historic preservation, will help to embellish the City's reputation as a destination for a wide range of visitors. Expand lodging choices in the City through the recruitment and ED -2.4 O placement of full-service hotels that will complement the existing select -service hotel portfolio. Review and update marketing strategies (land surveys, infrastructure availability, and modes of transportation) to solicit the development of a RD PL A, G 4 full-service lodging facility. Make sure that zoning regulations can accommodate a full-service hotel at desired locations. ED -3.1 O O Continue to make public safety a priority. Use the annual budgeting process to allocate funding for public safety services, equipment, and facilities commensurate with the City's service CM PD, FD A 6 objectives. ED -3.2 O Provide community and cultural amenities. Same action as identified for ED -2.3. CS CM, RD A 4 ED -3.3 O Maintain a healthy fiscal balance. Use the annual budgeting process to check that revenues from all CM AS, FIN A, G 1 sources continue to more than match projected spending. ED -3.4 O O Improve internal circulation for all modes of transportation, consistent with the concept of "Complete Streets". Same action as identified for LU -3.1 to 3.8. ENG PIL K' G' 4 ED -3.5 O Facilitate development of additional local and regional entertainment venues. Focus a special economic development team on the task of working towards attracting developers and investors interested in responding to RD PL A, G 6 local and regional demand for new entertainment options. ED -3.6 O Leverage the City's quality of life amenities to attract more knowledge-based workers. Expand the Economic Development Strategy to market Rancho Cucamonga's civic assets, including parks, recreation and community RD PL, CS A, G 4 enrichment facilities and programs, trails, and quality school districts. Appendix A: Implementation Plan A-30 RANCHO CUCAMONGA GENERAL PLAN Page 501 Appendix A: Implementation Plan A-44 RANCHO CUCAMONGA GENERAL PLAN Page 502 Action Ty pe a d General Plan Policy = (, •C7 > d !' 67 m O N >, w v _ O O m c (D Implementation Action(s) E a H c o 0. a ` co CL a0. a C/)W ii RC -8.7 O O Support protection of natural habitat areas for ecological, educational, and other scientific study purposes. Same action as identified for RC -8.3. PL ENG A, 1 4 PF -1.1 O Continue to implement high-quality standards for new public facilities and improvements to existing buildings. Design and build all City buildings to serve as a model for quality architectural treatment and green building design in all new and PL ENG A, B, C 5 remodeled civic facilities. PF -1.2 O Promote community facilities as focal points for gatherings, events, and celebrations. Maintain all public facilities and buildings to address the needs of the various neighborhoods within the City. Advertise the availability of civic PW CS, LIB A, B, C 3 facilities to community groups. PF -1.3 O Locate new community facilities in neighborhoods and centers where they will serve populations with the greatest needs. Review and assess the needs for the location of community facilities as CS ENG, PL A 6 neighborhoods evolve. PF -1.4 O O Maintain public facilities and optimize their usefulness during their lifespan. Continue with proper maintenance programming and funding levels for PW CS, LIB, A, B, C 4 existing public facilities. AC PF -1.5 O O Continue to incorporate low -maintenance features into public facilities consistent with the City's sustainability plan. Replace features of public facilities with lower maintenance types as part PW PL, CS, A, B, C 3 of the on-going maintenance program. BS PF -1.6 O Maintain multi -functional, flexible, and complementary space at community facilities. Same action as identified for PF -1.2. CS PW A, B, C 3 Maximize public facility use by sharing with nonprofit organizations, school districts, and community organizations. Look PF -1.7 O for opportunities to create joint -use community space at facilities owned by private organizations such as faith -based groups and service clubs. Same action as identified for CS -2.5. CS A 4 Consult with local school districts to enhance the development of PF -2.1 O O joint -use agreements, allowing for optimum use of school facilities, to provide broad community benefits such as public safety and education. Continue and expand joint use of facilities to achieve even greater CS SD A, K 75 optimization of school facilities to service the entire community. Appendix A: Implementation Plan A-44 RANCHO CUCAMONGA GENERAL PLAN Page 502 MISCELLANLOUS RANCHO UUCAMONGA Page 503 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 504 Action w T Pe 3 d General Plan Policy Q1 L CD _> a+ G N - L ,47 d C7 R +' c d � tm .0 C •- O N T _ V _ R R N O O °' Implementation Action(s) a N o a° aL Cn a` in � ti aL Continue to provide a safe and efficient street system in the City, to CM -1.1 O support mobility goals, all transportation modes, and the goals of Managing the Land Use, Community Design, and Historic Resources Chapter. Add the intersection improvements listed below to the Capital Improvement Program (CIP) or appropriate equivalents identified and approved by the City Engineer in the future that would offset the identified impacts, implement the improvements as funding becomes available. Prepare a report on the need for the improvements and their relationship to the impacts caused by new development in Rancho Cucamonga. ■ Work with Caltrans and SANBAG to implement a new freeway interchange at 1-15 and Arrow Highway. ■ Complete Wilson Avenue between Milliken Avenue and Day Creek Boulevard. ENG A, D, 1 7 ■ Complete Rochester Avenue between Banyan Street and Wilson Avenue. ■ Pursue Federal funds for a grade separation of the SPRR at Etiwanda Avenue. ■ Complete storm drain and widening of Hellman Avenue from Foothill Boulevard to Cucamonga Creek. ■ Complete Wilson Avenue from East Avenue to Wardman Bullock. ■ Improve the Base Line Road at 1-15 Freeway Interchange. ■ Complete Youngs Canyon from Cherry Avenue to Banyan Street. Provide an integrated network of roadways that provides for CM -1.2 O convenient automobile, transit, bicycle, and pedestrian circulation movement around the City. Same actions as identified for CM -2.1 and CM -3.7. ENG PL A, D, 1 4 Complete the circulation system by constructing new roadway CM -1.3 O facilities and freeway interchanges pursuant to the Circulation Plan (Figure CM -2). Identify in the CIP future projects and new roadways based on available ENG PL A, D, 1 4 funding. CM -1.4 O O Provide access for seniors and those with physical disabilities in all elements of the transportation system. Continue to operate the Silver Fox Express. Consult with Omnitrans regarding providing ACCESS transportation services. A, E. Require that all new future transportation facilities have appropriate and ENG CS F, H, I 4 adequate access for seniors and people with physical disabilities. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 504 Appendix A: Implementation Plan A-20 RANCHO CUCAMONGA GENERAL PLAN Page 505 Action T e Z 3 d General Plan Policy m °f R CL L Y L o o W W Implementation Action(s) E a N c o a. a. un a. cn W LL. a Implement street design standards per this General Plan, except that modified standards may be applied where appropriate on CM -1.5 O arterial corridors relating to transit, bicycle facilities, sidewalks, and on -street parking to be context sensitive to adjacent land uses and districts, and to all roadway users, including transit, bicycles, and pedestrians. Integrate into the CIP process the planning of modified standards for Foothill Boulevard to accommodate BRT and for other arterials as ENG PL A, D, 1 4 appropriate to reflect the bikeway plan and pedestrian improvements necessary to support Mixed Use districts. CM -1.6 O Pursue a railroad grade separation at Etiwanda Avenue and the BNSF Railway line. Grade separations currently exist at Haven and Milliken Avenues. Due to truck traffic associated with the southeast industrial area, the City ENG PL A, E, 1 4 supports creating a railroad grade separation at Etiwanda Avenue and the BNSF Railway line. CM -2.1 O O Facilitate bicycling and walking citywide. Implement the Bicycle Master Plan included in the Community Mobility Chapter. Require that pedestrian facilities and connections be provided as part of all development projects, with an emphasis on connections within Mixed Use districts. Implement all bicycling and walking policies and Mobility ENG PL, RD A, D, 1 4 Element components. Preparation and distribute bike route maps and bike facilities information. Publish and make readily available pedestrian route maps and pedestrian facilities information. Encourage all feasible measures to reduce total vehicle miles CM -2.2 O traveled by automobiles, including enhanced transit access and land use approaches that provide compact and focused development along major transit corridors. Same actions as identified for LU -2.1, LU -5.4, LU -5.6, and CM -2.1. ENG PL A, D, 1 4 CM -2.3 O Support the use of hybrid, electric, and lowlzero emission vehicles. Continue to maintain the Green Team Sustainability Action Matrix that identifies current and proposed efforts that procure vehicles that includes providing gas -efficient vehicles. CM PL, A, E, F 7 Amend the Development Code as appropriate to accommodate alternative fuel service stations and charging facilities. CM -2.4 O Replace City vehicles with energy-efficient and alternative fuel source models when replacing vehicles or adding to the City's fleet Appendix A: Implementation Plan A-20 RANCHO CUCAMONGA GENERAL PLAN Page 505 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-23 Page 506 Action w Type B m General Plan Policy a L w O C C = Vi >, v tQ O O = Implementation Action(s)E a C a o a° a` 0 a U) � ii a` Explore the Feasibility of Extending Local Transit Service Explore the possibility of extending to adjacent jurisdictions in cooperation with such jurisdictions who could also participate in funding, if beneficial to the City. Work with Regional Transit Operators (Omnitrans) Develop the optimum coordination and integration of bus transit services between the local City circulator system and the regional service. Consult with Omnitrans to establish and maintain transit hubs at CM -3.4 O Victoria Gardens, Chaffey College, the Metrolink Station, and other locations as appropriate to facilitate use of transit and transfers between transit services. Same action as identified for CM -3.1. ENG PL A 4 Consider and evaluate the possible relocation of the Metrolink CM -3.5 O Station to Haven Avenue to provide improved connections to transit and to support planned transit -oriented land uses along Haven Avenue. Work with Metrolink and Southern California Regional Rail Authority (SCRRA) to study the feasibility of moving the Metrolink Station from its ENG, current location to Haven Avenue. Explore options for alternative funding PL RD E, F 6 from sources other than the General Fund, such as grants, and specifically grants that promote transit -oriented development. In addition to requiring private development to provide transit amenities, consult with regional transit operators to provide CM -3.6 O attractive and convenient bus stops, including shadetweather protection, seats, transit information, and bus shelters as appropriate. Same action as identified for CM -3.1. Also, develop a program, with identified funding sources, for providing amenities at bus stops in the ENG PL D 4 City. Continue to develop and maintain a citywide bicycle network of off- street bike paths, on -street bike lanes, and bike streets to provide CM -3.7 O O connections between neighborhoods, schools, parks, civic center/facilities, recreational facilities, and major commercial centers. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-23 Page 506 Appendix A: Implementation Plan A-24 RANCHO CUCAMONGA GENERAL PLAN Page 507 Action Ty pe :a 3 c, > General Plan Policy d L d a' . � Q' s C •N O co tE O O' o Implementation Action(s) E a C c o a. aL cn a in 0� U. 0 - Implement Implement the Bicycle Plan pursuant to Figure CM -6. Update the City's Bicycle Circulation Plan in a format suitable for obtaining public funding. Develop the planning, implementation, and design details of the bicycle facility and amenity elements of the Community Mobility Chapter, including the setting of implementation priorities and the identification of both capital and operating funding sources. Implementation should focus on adding a north -south trail along either Deer Creek or Cucamonga Creek as a first priority. Update the City's Trails Implementation Plan to maintain consistency A with the General Plan. ENG !, iPL F, I E, F. 4 Review City ordinances to ensure that an adequate mechanism exists to manage the use of trails only by authorized categories of users. Implementation of the Bicycle Plan may require traffic signalization at the crossing of bike paths with arterial roadways to facilitate the safe crossing of those arterials by bicyclists and pedestrians. Signals should be convenient to bicyclists with accessible push -buttons to activate the signal. Provide traffic control push button devices at convenient locations for bicyclists at signalized intersections on the identified Bicycle Network. CM -3.8 O O Continue to encourage the provision of bicycle facilities, such as bicycle lockers and secure bike parking, throughout the City. Identify existing locations where bicycle lockers and secure bicycle parking could be provided at key locations throughout put the City, and develop a funding and implementation plan. Encourage/require the provision of bicycle lockers and secure bike parking for major development projects, as defined in the Development PL ENG A, D, 4 Code. E, F, H Modify the Development Code to require provision of bicycle parking spaces, bicycle lockers, and, as appropriate, showers for bicycle riders at new buildings providing significant employment, at transit stations, in the commercial districts, and at recreational destinations in the City. Identify and implement a dedicated funding source for CM -3.9 O implementation and completion of the Bicycle Network as identified in the Bicycle Plan. Same action as identified for CM -3.7. ENG E, F 4 CM- O Continue to complete the installation of sidewalks and require new 3.10 development to provide sidewalks. Use the CIP to identify a schedule for installing new and replacement sidewalks throughout the City, placing priority on installing missing ENG B, C, 4 sidewalks near schools and activity centers, and replacing sidewalks that D have been identified as hazardous to public safety. Appendix A: Implementation Plan A-24 RANCHO CUCAMONGA GENERAL PLAN Page 507 Appendix A: Implementation Plan A-36 RANCHO CUCAMONGA GENERAL PLAN Page 508 Action T pe 3 m > � General Plan Policy H m d A y L C W C0 >, V A H O O ami Implementation Action(s) E a H c LO_ o a ° a. a rn c a. m (n LL L a Strategize with Foundation members to increase the range of CS A, H involvement in Foundation events. Provide a comprehensive, interconnected off-road trail system that CS -6.1 O provides alternative mobility choices throughout the entire City and increases connectivity. Continue to implement the principles of the Trails Implementation Plan. PL CS ENG A, 1 4 Connect trails in Rancho Cucamonga to trails in the San Bernardino CS -6.2 O National Forest and other hillside open space areas. These trails shall include trailheads with vehicle parking and other amenities. Coordinate with Federal and State agencies to facilitate funding and CS acquisition of trail connections from the City to the San Bernardino PL ENG A 5 National Forest. Connect new trails with the North Etiwanda Preserve. CS -6.3 O Continue to incorporate, where feasible, regional and community trails along utility corridors and drainage channels. Continue to make trail connections within the City on existing public- PL CS, A 5 agency owned properties. ENG Continue to maintain and pursue the development of planned trails CS -6.4 O and facilities for equestrian use within the Equestrian/Rural Area designation. Continue to ensure that trails accommodate equestrian users through B details outlined in the Trails Implementation Plan within north Alta Loma PL ENG C, 4 and Etiwanda. Improve existing trails by removing barriers, applying sustainability CS -6.5 O concepts, improving safety and function, and providing access to adjacent trails. Continue to program funding into the CIP for the improvements to ENG PL, BS A 4 deficient equestrian trails, as outlined in the Trails Implementation Plan. Require new development to provide access to adjacent trails and CS -6.6 O provide appropriate trail amenities (e.g., benches, drinking fountains, hitching posts, bike stands, and other amenities) for all new projects located adjacent to regional or community trails. Require new development projects adjacent to Regional or Community PL ENG A, K 4 Trails to provide access to and amenities for trails. CS -63 O Continue to credit publically accessible trailway acreage towards meeting parkland dedication standards. Continue to allow parkland credit for trails within development projects, PL ENG A, K 4 subject to adopted criteria. Appendix A: Implementation Plan A-36 RANCHO CUCAMONGA GENERAL PLAN Page 508 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-13 Page 509 Action Type Z d d v General Plan Policy c y > � a > N >, v N O O � Y c Implementation Action(s) E a ,� o ° a ` a a a` U) ti a` Develop a listing of acceptable fire-resistant plant types to be PL PW' ENG, A 3 incorporated into new and rehabilitated development sites. FD Encourage streetscape design and landscaping programs for LU -10.4 O commercial frontages that create vibrant places which support walking, bicycling, transit, and sustainable economic development. Same action as identified for LU -3.4. PL Rp , A 4 Consult with and coordinate with the Santa Fe Railway to develop LU -10.5 O and install a landscape plan for the enhancement of the railroad right-of-way. Inventory and assess the landscaping needs of the rail corridor, and PL ENG, A 6 consult with the rail agency to develop a plan. RD Continue to pursue strategies to reduce long-term operation and LU -10.6 O maintenance costs within the City's Landscape Maintenance Districts and other publicly funded areas. Inventory and prioritize the removal of turf areas within landscape medians to be replaced with plantings that reduce long-term operations PW ENG A 5 and maintenance costs. Continue to implement and update as necessary the City's Sign LU -11.1 O O Ordinance in order to provide for a reasonable system of review and incentives for well-designed signs throughout the City. Establish a periodic review schedule of all City ordinances that govern aesthetics to determine if industry standards have changed or if other PL RD A, K 4 objectives are desirable that require amendments. Continue to require the undergrounding of utility lines and facilities LU -11.2 O O wherever feasible to minimize the unsightly appearance of overhead utility lines and utility enclosures. Require undergrounding of utilities for new development. Develop a A B strategy and prioritization list for the undergrounding utilities in developed ENG PL C 1 4 areas. LU -11.3 O O Require communication towers to be located and designed to blend with the surrounding environment. Review and update design guidelines for the siting and general appearance of communication towers to facilitate the least amount of PL A 4 visual intrusion. Emphasize use of stealth and architecturally integrated antenna. Ensure that streetscape design along roadways creates a strong LU -12.1 O landscaped edge, provides a coherent high-quality appearance along each route, and enhances the image of adjacent development. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-13 Page 509 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-57 Page 510 Action Type 3 m >_ d General Plan Policy G7 r CL L ! = Q 0 7+ v OO tMN =' d Implementation Action(s) E CL a C = o ° a ` a cn ` ac o W ti 0 - PL, AS, A 13 Same actions as identified for RC -4.1 to RC -4.5. ENG ENG, CM, BS, C, E, 3 PW, FIN G, Encourage development of transit -oriented and infill development, PS -12.3 O and encourage a mix of uses that foster walking and alternative transportation. Same action as identified for RC -4.4. PL ENG A, 1 3 Provide enhanced bicycling and walking infrastructure, and support PS -12.4 O public transit, including public bus service, the Metrolink, and the j potential for Bus Rapid Transit (BRT). Same action as identified for RC -4.4. PL ENG A, 1 3 Provide green building incentives, assess green building techniques as a formal stage of project review, and develop a green PS -12.5 O building ordinance or program that addresses both new and existing buildings. Adaptation strategies will also include increased water efficiency in buildings. Same actions as identified for RC -6.1 to RC -6.4 PL BNG A, I, K 4 Encourage efforts to reduce waste generation and re -use and PS -12.6 O support increased recycling and composting opportunities with a focus on large commercial and industrial waste producers. Same action as identified for PF -7.1. ENG PL A 3 PS -12.7 O O Support tree planting, planting more vegetation (including native and drought -resistant planting), and preservation of open space. Same actions as identified for RC -1.1, RC -8.1 to RC -8.7. PL FW A, 1 4 PS -12.8 O Develop green procurement plans and ensure energy savings in City operations and maintenance. Same actions as identified for RC -5.1 to RC -5.3. AS CM, FIN, A,B, C, 4 PW E, K Develop energy- or climate change -themed publications and workshops, facilitating energy audits for residents, and establishing PS -12.9 O partnerships to reduce greenhouse gas emissions. Increase public awareness about climate change, and encourage residents and businesses to become involved in activities and lifestyle changes that help reduce greenhouse gas emissions. Same action as identified for RC -5.1. CM ENG A, K 4 Consider the compatibility of proposed land uses with the noise environment when preparing or revising community and/or specific PS -13.1 O plans and when reviewing development proposals. The contour map depicting future noise levels (Figure PS -10) should be used by the City as a guide to land use/noise compatibility. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-57 Page 510 MUNICIPAL UTILITY RANCHO UUCAMONGA Page 511 Appendix A: Implementation Plan A-44 RANCHO CUCAMONGA GENERAL PLAN Page 512 Action w T pe m General Plan Policy v CL (D CD d tm R� C .y o fn >, V O O 01 = dm Implementation Action(s) E a w c o o a. ° a. a Un r a = m cn a LL a RC -8.7 O O Support protection of natural habitat areas for ecological, educational, and other scientific study purposes. Same action as identified for RC -8.3. PL ENG A, 1 4 PF -1.1 O Continue to implement high-quality standards for new public facilities and improvements to existing buildings. Design and build all City buildings to serve as a model for quality architectural treatment and green building design in all new and PL ENG A, B, C 5 remodeled civic facilities. PF -1.2 O Promote community facilities as focal points for gatherings, events, and celebrations. Maintain all public facilities and buildings to address the needs of the various neighborhoods within the City. Advertise the availability of civic PW CS, LIB A, B, C 3 facilities to community groups. PF -1.3 O Locate new community facilities in neighborhoods and centers where they will serve populations with the greatest needs. Review and assess the needs for the location of community facilities as CS ENG, PL A 6 neighborhoods evolve. PF -1.4 O O Maintain public facilities and optimize their usefulness during their lifespan. Continue with proper maintenance programming and funding levels for PW CS, LIB, A, B, C 4 existing public facilities. AC PF -1.5 O O Continue to incorporate low -maintenance features into public facilities consistent with the City's sustainability plan. Replace features of public facilities with lower maintenance types as part PW PL, CS, A, B, C 3 of the on-going maintenance program. BS PF -1.6 O Maintain multi -functional, flexible, and complementary space at community facilities. Same action as identified for PF -1.2. CS PW A, B, C 3 Maximize public facility use by sharing with nonprofit organizations, school districts, and community organizations. Look PF -1.7 O for opportunities to create joint -use community space at facilities owned by private organizations such as faith -based groups and service clubs. Same action as identified for CS -2.5. CS A 4 Consult with local school districts to enhance the development of PF -2.1 O O joint -use agreements, allowing for optimum use of school facilities, to provide broad community benefits such as public safety and education. Continue and expand joint use of facilities to achieve even greater CS SD A, K 5 optimization of school facilities to service the entire community. Appendix A: Implementation Plan A-44 RANCHO CUCAMONGA GENERAL PLAN Page 512 Appendix A: Implementation Plan A-40 RANCHO CUCAMONGA GENERAL PLAN Page 513 Action Type Z 3 m > General Plan Policy c c a CL 5 O O m d Implementation Action(s) E 'c a u) o OC. a. d U) d O d (0 W LL 'i n. Pursue efforts to reduce energy consumption through appropriate RC -4.1 O energy conservation and efficiency measures throughout all segments of the community. As it becomes economically practical, identify sources and replace A B imported, non-renewable energy resources with domestic renewable PL ENG, E, energy sources such as solar and wind energy, recycled municipal solid CM 5 G waste, and green waste. Promote the use of renewable energy and alternative energy technology, and support efforts to develop small-scale, distributed energy generation (e.g. solar, wind, cogeneration, and biomass) to RC -4.2 O reduce the amount of electricity drawn from the regional power grid and reduce the use of natural gas, while providing Rancho Cucamonga with a greater degree of energy and economic self- sufficiency. Provided that there would not be a decline in services to City residents or A B undue tax burden, use of energy efficiency and renewable energy ENG AS, CM, 6 resources will be employed for approving capital and operational PL E, G, I expenditures. RC -4.3 O Encourage the use of solar energy systems in homes and commercial businesses. Establish design criteria for active and passive solar applications within PL ENG, A 5 development proposals. BS Reduce operational energy requirements through sustainable and RC -4.4 O O complementary land use and circulation planning. Support implementation of State mandates regarding energy consumption and greenhouse gas reduction, including AB32 and SB375. Promote land use and circulation patterns that result in multi-purpose automobile trips and that facilitate the use of local and regional transit; continue to advance land use patterns that provide employment and PL ENG A, 1 3 housing opportunities for City residents in a manner that allows for practical options for mobility other than by automobile. Support the development of private sources of sustainable and RC -4.5 O O environmentally friendly energy supplies, provided these are consistent with City aesthetic and public safety goals. Continue to make the recruitment and retention of "green" industries a RD CM' A, G 4 priority in conjunction with economic development strategies. PL Serve as a role model by adopting recognizable standards and incorporating the use of sustainable strategies for new and existing RC -5.1 O public buildings that maximize occupant health and productivity, minimize operating costs, and provide good environmental stewardship. Appendix A: Implementation Plan A-40 RANCHO CUCAMONGA GENERAL PLAN Page 513 PARKS *60W RANCHO CUCAMONGA Page 514 Appendix A: Implementation Plan A-32 RANCHO CUCAMONGA GENERAL PLAN Page 515 Action Ty pe a General Plan Policy C, L) i 3 O ca H O d C G1 M:6 C .y O fn �' _ ca O O D7 O o Implementation Action(s) E a y c o 0- 0- 0n 0- rn W ti a Continue to assess that the recreational needs of the City's residents are consistent with the City's parkland standard, and determine possible re- CS PL, ENG A 4 use or conversion of infill sites for recreational uses to serve areas within the City with a disproportionate amount of parkland. Develop parks that contribute to active and healthy lifestyles, and CS -1.2 O allow for a balanced commitment to both organized recreation activities and passive park environments. Move forward with plans to continue to develop Central Park, expand Etiwanda Creek Park, add one new Community park, one�new Special CS CM, A 4 Use Facility, and two new Neighborhood parks. Incorporate active and ENG passive facilities into new parks. CS -1.3 O Continue to develop Central Park as envisioned in the Central Park Master Plan. Continue to prioritize implementation of the improvements for Central CS ENG, PL A 4 Park as part of the City's CIP process. CS -1.4 O Pursue developing an outdoor special use facility that includes a multi -field sports complex. Continue to prioritize development of a sports complex and determine CS ENG, A 4 funding mechanisms, including corporate sponsorships/partnerships. RD, PL Continue to require new development to provide needed park CS -1.5 O facilities through the various measures and tools available to the City (e.g., in -lieu fees and/or land dedication). Continue to make the provision of turn -key park and recreational facilities PL ENG, A, D, I, 4 the first priority over in -lieu fees for new residential development. CS K Pursue and expand joint -use of public lands that are available and CS -1.6 O suitable for recreational purposes, including school district properties and flood control district, water district, and other utility properties. Continue to coordinate with other agencies holding public lands for CS possible joint -use, trail easements, or re -use to serve park/recreation PL ENG A, K 4 particularly with school district properties. Encourage public safety and compatibility with adjacent uses CS -1.7 O through park location and design, including the location of buildings, lighting, parking, public transit, emergency access, and pedestrian/bicycle access. Continue to utilize the Recreation Needs and System Recommendation CS PL, ENG A, K 4 Study and the park master plan concept in park planning. CS -1.8 O O Continue to build, renovate, and maintain parks in a manner that is environmentally sustainable. Appendix A: Implementation Plan A-32 RANCHO CUCAMONGA GENERAL PLAN Page 515 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-33 Page 516 Action Z, T pe d m U General Plan Policy d w d O O .O W Implementation Action(s) E a N c Lo_ a o- CL v) L a = CD cn o: u_ a Continue to provide for maintenance, renovation and new construction of City parks in compliance with City policies, upgrading wastewater ENG CS, PL, A, B, C 4 systems as needed, and as technology evolves, substitute material that PW could reduce maintenance costs and is environmentally friendly. Developintermediate sized (10-12 acre) parks with lighted athletic CS -1.9 O fields and appropriate parking to accommodate community sports programs. Update the City's Recreation Needs and Systems Recommendation Study to determine the location for intermediate -sized park sites CS PL, ENG A, B, C 7 specifically developed for athletic field use. This may include joint -use facilities with a school district. Integrate' Healthy RC activities, classes, and programs with CS -2.1 O recreational services that contribute to the health,' fitness, and minds of participants.' Continue to provide City -sponsored recreational programs and classes at CS CM A, 1 4 recreational centers/parks. CS -2.2 0, O Provide high-quality Community Services programs that are flexible and responsive to the community's changing needs. Continue to provide active recreational opportunities through leagues CS CM A, 1 4 and organized sports. Plan and conduct community special events' that bring residents CS -2.3 O together to create an enhanced quality of,, life and promote economic development. Plan for community events through the annual budgeting process. CS RD, CM A, 1 4 Continue to consult with non-profit sports organizations and CS -2.4 O recreational groups to support their offering of diverse recreational programs that complement and supplement those of the City. Continue to serve as a clearinghouse to coordinate among the various CS A, 1 4 sport leagues to make fields and facilities available. Continue to make community facilities `and park amenities available CS -2.5 O for rental by community residents, non-profit groups and businesses to meet their recreational and business needs. Continue to promote the City's various rental facility types by ensuring that a complete summary of locations, facilities, services, fees, and CS A 4 applications are available. Continue broad-based public outreach activities that inform CS -2.6 O residents of all available Community Services programs and services, and obtain input from the the regarding program and service needs. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-33 Page 516 Appendix A: Implementation Plan A-44 RANCHO CUCAMONGA GENERAL PLAN Page 517 Action y T pe W General Plan Policy a0i 3 °' > o. Q) L JT Q) d W ! N d - �� O 0) > v _ H O O _g o Implementation Action(s) E a w c o O a L a O. Ln • aL c'n ti aL RC -8.7 O O Support protection of natural habitat areas for ecological, educational, and other scientific study purposes. Same action as identified for RC -8.3. PL ENG A, 1 4 PF -1.1 O Continue to implement high-quality standards for new public facilities and improvements to existing buildings. Design and build all City buildings to serve as a model for quality architectural treatment and green building design in all new and PL ENG A, B, C 5 remodeled civic facilities. PF -1.2 O Promote community facilities as focal points for gatherings, events, and celebrations. Maintain all public facilities and buildings to address the needs of the various neighborhoods within the City. Advertise the availability of civic PW CS, LIB A, B, C 3 facilities to community groups. PF -1.3 O Locate new community facilities in neighborhoods and centers where they will serve populations with the greatest needs. Review and assess the needs for the location of community facilities as neighborhoods evolve. CS ENG, PL A 6 PF -1.4 O O Maintain public facilities and optimize their usefulness during their lifespan. Continue with proper maintenance programming and funding levels for CS, LIB, existing public facilities. PW AC A, B, C 4 PF -1.5 O O Continue to incorporate low -maintenance features into public facilities consistent with the City's sustainability plan. Replace features of public facilities with lower maintenance types as part PL, CS, of the on-going maintenance program. PW BS A, B, C 3 PF -1.6 O Maintain multi -functional, flexible, and complementary space at community facilities. Same action as identified for PF -1.2. CS PW A, B, C 3 Maximize public facility use by sharing with nonprofit organizations, school districts, and community organizations. Look PF -1.7 O for opportunities to create joint -use community space at facilities owned by private organizations such as faith -based groups and service clubs. Same action as identified for CS -2.5. CS A 4 Consult with local school districts to enhance the development of PF -2.1 O O joint -use agreements, allowing for optimum use of school facilities, to provide broad community benefits such as public safety and education. Continue and expand joint use of facilities to achieve even greater optimization of school facilities to service the entire community. CS SD A, KT Appendix A: Implementation Plan A-44 RANCHO CUCAMONGA GENERAL PLAN Page 517 RAILROAD CROSSINGS RANCHO UUCAMONGA Page 518 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 519 Action T w T e — Z 3 > General Plan Policy o a ' d d G)� O >+ •' �' m Z :E c O O as = Z, 0 o a Implementation Action(s) E a H `o a a cn a` cn ti a` Continue to provide a safe and efficient street system in the City, to CM -1.1 O support mobility goals, all transportation modes, and the goals of Managing the Land Use, Community Design, and Historic Resources Chapter. Add the intersection improvements listed below to the Capital Improvement Program (CIP) or appropriate equivalents identified and approved by the City Engineer in the future that would offset the identified impacts; implement the improvements as funding becomes available. Prepare a report on the need for the improvements and their relationsflip to the impacts caused by new development in Rancho Cucamoirga. ■ Work with Caltrans and SANBAG to implement a new freeway interchange at 1-15 and Arrow Highway. ■ Complete Wilson Avenue between Milliken Avenue and Day Creek Boulevard. ENG A, D, 1 7 ■ Complete Rochester Avenue between Banyan Street and Wilson Avenue. ■ Pursue Federal funds for a grade separation of the SPRR at Etiwanda Avenue. ■ Complete storm drain and widening of Hellman Avenue from Foothill Boulevard to Cucamonga Creek. ■ Complete Wilson Avenue from East Avenue to Wardman Bullock. ■ Improve the Base Line Road at 1-15 Freeway Interchange. ■ Complete Youngs Canyon from Cherry Avenue to Banyan Street. Provide an integrated network of roadways that provides for CM -1.2 O convenient automobile, transit, bicycle, and pedestrian circulation movement around the City. Same actions as identified for CM -2.1 and CM -3.7. ENG PL A, D, 1 4 Complete the circulation system by constructing new roadway CM -1.3 O facilities and freeway interchanges pursuant to the Circulation Plan (Figure CM -2). Identify in the CIP future projects and new roadways based on available funding. ENG PL A, D, I 4 CM -1.4 O O Provide access for seniors and those with physical disabilities in all elements of the transportation system. Continue to operate the Silver Fox Express. Consult with Omnitrans regarding providing ACCESS transportation services. A, E. Require that all new future transportation facilities have appropriate and ENG CS F, H, I 4 adequate access for seniors and people with physical disabilities. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 519 Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 520 Action T pe 3 General Plan Policy m �G7 C Ix C fn T v O O o Implementation Action(s) E a w = o 0 a. a. CL un a` cn W ti a. Complete intersection capacity improvements, coordinate traffic signals 6 utilizing Intelligent Transportation Systems (ITS), and improve striping and signage. Striping shall maximize room for bike lanes where feasible and consistent with the Bicycle Plan. Modernize traffic signal equipment as necessary, and continue to update traffic signal timing and ENG PW A, D 3 synchronization plans to optimize traffic flow along the key arterial corridors, taking into account the needs of transit, bicyclists, and pedestrians as well. Invest in the communications infrastructure necessary to operate a Citywide traffic signal control system. Continue to design and operate arterials and intersections for the CM -4.2 O safe operation of all modes, including transit, bicyclists, and pedestrians. Same action as identified for CM -4.1. ENG A, D 3 CM -4.3 O Continue to implement Intelligent Transportation System Measures and advanced traffic management technologies where appropriate. Same action as identified for CM -4.1. ENG PW E; �, 3 Maintain the City's transportation infrastructure in good condition; CM -4.4 O O develop and maintain adequate funding sources for it's ongoing maintenance and upkeep. Continue to implement and follow the schedule for resurfacing streets A, D, and streets improvements per the CIP. ENG E F 4 Continue to require that new development participates in the cost of CM -5.1 O transportation mitigation and improvements necessitated by new development, including non -automobile solutions. Require payment of Traffic Impact Fees as approved by the City Council, used to finance specific improvements made necessary by new development. The relationship between the fees, the cost of the improvements, and new development has been established in fee ENG PL D 4 analyses approved by the City Council. These fees shall be reviewed from time to time and adjusted as needed. Require evaluation of potential traffic and transportation impacts CM -5.2 O associated with new development prior to project approval, and require adequate mitigation measures, including non -automobile solutions, prior to, or concurrent with, project development. Require applicants to prepare traffic and transportation impact assessments consistent with adopted City guidelines and standards. Continue to require sidewalks, pedestrian paths, and connections to be provided as part of new development projects to improve and enhance ENG D 4 access between neighborhoods, and from neighborhoods to schools, parks, trails, commercial centers, and other activity centers. Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 520 STREETS RANCHO CUCAMONGA Page 521 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 522 Action T e — s m General Plan Policy ami a3i w m a c m c •— U) v _ R R N O O o Implementation Action(s) E a H `o a° a` u) 0. cn U- a` Continue to provide a safe and efficient street system in the City, to CM -1.1 O support mobility goals, all transportation modes, and the goals of Managing the Land Use, Community Design, and Historic Resources Chapter. Add the intersection improvements listed below to the Capital Improvement Program (CIP) or appropriate equivalents identified and approved by the City Engineer in the future that would offset the identified impacts; implement the improvements as funding becomes available. Prepare a report on the need for the improvements and their relationship to the impacts caused by new development in Rancho Cucamonga. ■ Work with Caltrans and SANBAG to implement a new freeway interchange at 1-15 and Arrow Highway. ■ Complete Wilson Avenue between Milliken Avenue and Day Creek Boulevard. ENG A, D, 1 7 ■ Complete Rochester Avenue between Banyan Street and Wilson Avenue. ■ Pursue Federal funds for a grade separation of the SPRR at Etiwanda Avenue. ■ Complete storm drain and widening of Hellman Avenue from Foothill Boulevard to Cucamonga Creek. ■ Complete Wilson Avenue from East Avenue to Wardman Bullock. ■ Improve the Base Line Road at 1-15 Freeway Interchange. ■ Complete Youngs Canyon from Cherry Avenue to Banyan Street. Provide an integrated network of roadways that provides for CM -1.2 O convenient automobile, transit, bicycle, and pedestrian circulation movement around the City. Same actions as identified for CM -2.1 and CM -3.7. ENG PL A, D, 1 4 Complete the circulation system by constructing new roadway CM -1.3 O facilities and freeway interchanges pursuant to the Circulation Plan (Figure CM -2). Identify in the CIP future projects and new roadways based on available funding. ENG PL A, D, 1 4 CM -1.4 O O Provide access for seniors and those with physical disabilities in all elements of the transportation system. Continue to operate the Silver Fox Express. Consult with Omnitrans regarding providing ACCESS transportation services. A, E. Require that all new future transportation facilities have appropriate and ENG CS F H I 4 adequate access for seniors and people with physical disabilities. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 522 Appendix A: Implementation Plan A-20 RANCHO CUCAMONGA GENERAL PLAN Page 523 Action w Type 3 m > General Plan Policy CD c 7 d > Q: C N � O •y O �% >+ C1 O O U °' U Implementation Action(s) E a w c `o 0CL0 a. ` a co (Lr_ in W Li a Implement street design standards per this General Plan, except that modified standards may be applied where appropriate on CM -1.5 O arterial corridors relating to transit, bicycle facilities, sidewalks, and on -street parking to be context sensitive to adjacent land uses and districts, and to all roadway users, including transit, bicycles, and pedestrians. Integrate into the CIP process the planning of modified standards for Foothill Boulevard to accommodate BRT and for other arterials as ENG PL A, D, 1 4 appropriate to reflect the bikeway plan and pedestrian improvements necessary to support Mixed Use districts. CM -1.6 O Pursue a railroad grade separation at Etiwanda Avenue and the BNSF Railway line. Grade separations currently exist at Haven and Milliken Avenues. Due to truck traffic associated with the southeast industrial area, the City ENG PL A, E, 1 4 supports creating a railroad grade separation at Etiwanda Avenue and the BNSF Railway line. CM -2.1 O O Facilitate bicycling and walking citywide. Implement the Bicycle Master Plan included in the Community Mobility Chapter. Require that pedestrian facilities and connections be provided as part of all development projects, with an emphasis on connections within Mixed Use districts. Implement all bicycling and walking policies and Mobility ENG PL, RD A, D, 1 4 Element components. Preparation and distribute bike route maps and bike facilities information. Publish and make readily available pedestrian route maps and pedestrian facilities information. Encourage all feasible measures to reduce total vehicle miles CM -2.2 O traveled by automobiles, including enhanced transit access and land use approaches that provide compact and focused development along major transit corridors. Same actions as identified for LU -2.1, LU -5.4, LU -5.6, and CM -2.1. ENG PL A, D, 1 4 CM -2.3 O Support the use of hybrid, electric, and lowlzero emission vehicles. Continue to maintain the Green Team Sustainability Action Matrix that identifies current and proposed efforts that procure vehicles that includes providing gas -efficient vehicles. CM PL,AS, A, E, F 7 Amend the Development Code as appropriate to accommodate alternative fuel service stations and charging facilities. CM -2.4 O Replace City vehicles with energy-efficient and alternative fuel source models when replacing vehicles or adding to the City's fleet. Appendix A: Implementation Plan A-20 RANCHO CUCAMONGA GENERAL PLAN Page 523 Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 524 Action T pe — :n 3 o, > General Plan Policy m � c d 0: a� c.y o co > v _ t.' O O O a Implementation Action(s) E a h c `O o a.0 L a v� 0. vo W ii 0. Complete intersection capacity improvements, coordinate traffic signals utilizing Intelligent Transportation Systems (ITS), and improve striping and signage. Striping shall maximize room for bike lanes where feasible and consistent with the Bicycle Plan. Modernize traffic signal equipment as necessary, and continue to update traffic signal timing and ENG PW A, D 3 synchronization plans to optimize traffic flow along the key arterial corridors, taking into account the needs of transit, bicyclists, and pedestrians as well. Invest in the communications infrastructure necessary to operate a Citywide traffic signal control system. Continue to design and operate arterials and intersections for the CM -4.2 O safe operation of all modes, including transit, bicyclists, and pedestrians. Same action as identified for CM -4.1. ENG A, D 3 CM -4.3 O Continue to implement Intelligent Transportation System Measures and advanced traffic management technologies where appropriate. Same action as identified for CM -4.1. ENG PW E; �' 3 Maintain the City's transportation infrastructure in good condition; CM -4.4 O O develop and maintain adequate funding sources for its ongoing maintenance and upkeep. Continue to implement and follow the schedule for resurfacing streets A' D, and streets improvements per the CIP. ENG E, F 4 Continue to require that new development participates in the cost of CM -5.1 O transportation mitigation and improvements necessitated by new development, including non -automobile solutions. Require payment of Traffic Impact Fees as approved by the City Council, used to finance specific improvements made necessary by new development. The relationship between the fees, the cost of the improvements, and new development has been established in fee ENG PL D 4 analyses approved by the City Council. These fees shall be reviewed from time to time and adjusted as needed. Require evaluation of potential traffic and transportation impacts CM -5.2 O associated with new development prior to project approval, and require adequate mitigation measures, including non -automobile solutions, prior to, or concurrent with, project development Require applicants to prepare traffic and transportation impact assessments consistent with adopted City guidelines and standards. Continue to require sidewalks, pedestrian paths, and connections to be provided as part of new development projects to improve and enhance ENG D 4 access between neighborhoods, and from neighborhoods to schools, parks, trails, commercial centers, and other activity centers. Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 524 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-31 Page 525 Action T e — s 3 General Plan Policy d tY •C d M;a c •— O U) >+ _ V _ !4 H O O = �' u d O d Implementation Action(s) `°CL E N a a C co a. Q fn W C LL O a ED -3.7 O O Support access to local and regional educational resources that provide educational opportunities to local residents and workers. Coordinate with local and regional centers for higher education to promote access to and programs for additional educational opportunities. RD PL, CM A 4 ED -4.1 O Encourage high-quality design for infill development and continue to support new high quality uses. Same action as identified for LU -5.1 to 5.6. PL RD,A, I, K 4 ENG ED -4.2 O Make green building and green business a priority. Same action as identified for LU -7.1 to 7.3. PL RD A, G 3 ED -4.3 O O Improve connectivity between development projects to create a more cohesive atmosphere. Same action as identified for LU -2.3. PL ENG A 5 ED -4.4 O Focus on enhancements to Foothill Boulevard and Haven Avenue. Same action as identified for LU -5.1 to 5.6. PL RDG A, I, K 5 EN ED-4.5 O Review and understand the fiscal, job creation, and economic benefits of new proposed uses in the City's industrial -zoned areas. Focus a special economic development effort on assessing where re -use or conversion of industrial properties to other uses could occur. Identify potential conflicts in order to develop a strategy for when such RD PL A, G 5 conversions could be considered a benefit versus a cost. ED -5.1 O Engage in regional transit planning efforts. Continue to be involved in planning efforts to address regional transportation solutions, particularly those providing transit options. in particular, work with Omnitrans in its efforts to establish BRT service in PL ENG A, K 4 Rancho Cucamonga. ED -5.2 O Continue to capitalize on proximity to Interstate 10, Interstate 15, State Route 210, and the LA/Ontario International Airport. Review and assess the effectiveness of way -finding signage to ensure that the City's accessibility to 1-10, 1-15 and SR -210 from major areas of City commerce hubs is easily ascertained and facilitated. Begin RD PL, ENG A, G 4 programs to improve such signage where it is deficient or confusing. Maximize the benefits of a major airport just outside of the City's borders. Provide adequate park and recreational facilities that meet the City CS -1.1 O standard of 5.0 acres of parkland (including trails and special facilities) for every 1,000 persons. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-31 Page 525 TRAFFIC,,i RANCHO UUCAMONGA Page 526 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-25 Page 527 Action T e 3 General Plan Policy L o 0 �' •� L O T _ t7 ca H O O 0 u Implementation Action(s) E a w o a. aL vai a w W ti aL CM- Continue to provide pedestrian amenities on sidewalks on major 3.11 O streets that are key pedestrian routes, including the provision of benches, shade trees, and trash cans. Identify key pedestrian travel corridors citywide, and prepare a Citywide Pedestrian Circulation Study to determine pedestrian amenity needs, capital and operating funding sources, and a phased implementation program. Develop a program for gradually installing public amenities A B such as streetlights, benches, trash containers, art, drinking fountains, ENG PL C D 5 landscaping, etc. that will enhance the pedestrian environment and encourage increased use of transit. Use both the CIP process and other funding sources, including a program whereby businesses or residents may sponsor street furniture and/or landscaped areas. CM- Continue to require that the siting and architectural design of new 3.12 O development promote safety, pedestrian -friendly design, and access to transit facilities. Develop standards to be applied to development projects along transit corridors that require transit and pedestrian accessibility. PL ENG I 4 Establish a number of bike hubs in the City (centralized locations CM- O with convenient bike parking for trip destinations or transfer to 3.13 other transportation modes), at key transit nodes, and at commercial nodes. Conduct a study to determine the best locations for bike hubs in the City, and develop a plan, wayfinding program, and implementation process for ENG PL, RD A, B, 4 providing bike hubs that provide secure bicycle lockers, bike racks, and C D connections to transit at key locations in the City. CM- O Enhance pedestrian and bicycle access to local and regional 3.14 transit, including facilitating connections to transit. Same action as identified for CM -3.7. ENG PL 1 4 CM- Coordinate the provision of the non -motorized networks (bicycle 3.15 O and pedestrian) with adjacent jurisdictions to maximize sub - regional connectivity. Same action as identified for CM -3.7. ENG PL A, E, F 4 CM- O Establish fixed -route local circulator bus service connecting major 3.16 activity centers. Explore development of a fixed -route local circulator bus system, station location, and funding mechanisms. ENG PL A, E, H 5 Continue to implement traffic management and traffic signal CM -4.1 O operations measures along the arterial roadway to minimize delay and congestion for all modes, without adversely impacting transit, bicycles, and pedestrians. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-25 Page 527 Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 528 Action T e 3 General Plan Policy = i 5 2N _ d 0: C o co A v O O' (DImplementation Action(s) a r = o 0 a (n Complete intersection capacity improvements, coordinate traffic signals utilizing Intelligent Transportation Systems (ITS), and improve striping and signage. Striping shall maximize room for bike lanes where feasible and consistent with the Bicycle Plan. Modernize traffic signal equipment as necessary, and continue to update traffic signal timing and ENG PW A, D 3 synchronization plans to optimize traffic flow along the key arterial corridors, taking into account the needs of transit, bicyclists, and pedestrians as well. Invest in the communications infrastructure necessary to operate a Citywide traffic signal control system. Continue to design and operate arterials and intersections for the CM -4.2 O safe operation of all modes, including transit, bicyclists, and pedestrians. Same action as identified for CM -4.1. ENG A, D 3 CM -4.3 O Continue to implement Intelligent Transportation System Measures and advanced traffic management technologies where appropriate. Same action as identified for CM -4.1. ENG PW E; D, 3 Maintain the City's transportation infrastructure in good condition; CM -4.4 O O develop and maintain adequate funding sources for it's ongoing maintenance and upkeep. Continue to implement and follow the schedule for resurfacing streets A, D, and streets improvements per the CIP. ENG E F 4 Continue to require that new development participates in the cost of CM -5.1 O transportation mitigation and improvements necessitated by new development, including non -automobile solutions. Require payment of Traffic Impact Fees as approved by the City Council, used to finance specific improvements made necessary by new development. The relationship between the fees, the cost of the improvements, and new development has been established in fee ENG PL D 4 analyses approved by the City Council. These fees shall be reviewed from time to time and adjusted as needed. Require evaluation of potential traffic and transportation impacts CM -5.2 O associated with new development prior to project approval, and require adequate mitigation measures, including non -automobile solutions, prior to, or concurrent with, project development. Require applicants to prepare traffic and transportation impact assessments consistent with adopted City guidelines and standards. Continue to require sidewalks, pedestrian paths, and connections to be provided as part of new development projects to improve and enhance ENG D 4 access between neighborhoods, and from neighborhoods to schools, parks, trails, commercial centers, and other activity centers. Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 528 FUTURE & UNFUNDED RANCHO UUCAMONGA Page 529 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 530 Action T e Z 3 General Plan Policy L C d Q' C d C1 O N LL N 0 Implementation Action(s) E a CL c `o O a a rn n 0. LL a` Continue to provide a safe and efficient street system in the City, to CM -1.1 O support mobility goals, all transportation modes, and the goals of Managing the Land Use, Community Design, and Historic Resources Chapter. Add the intersection improvements listed below to the Capital Improvement Program (CIP) or appropriate equivalents identified and approved by the City Engineer in the future that would offset the identified impacts; implement the improvements as funding becomes available. Prepare a report on the need for the improvements and their relationship to the impacts caused by new development in Rancho Cucamonga. ■ Work with Caltrans and SANBAG to implement a new freeway interchange at 1-15 and Arrow Highway. ■ Complete Wilson Avenue between Milliken Avenue and Day Creek Boulevard. ENG A, D, 1 7 ■ Complete Rochester Avenue between Banyan Street and Wilson Avenue. ■ Pursue Federal funds for a grade separation of the SPRR at Etiwanda Avenue. ■ Complete storm drain and widening of Hellman Avenue from Foothill Boulevard to Cucamonga Creek. ■ Complete Wilson Avenue from East Avenue to Wardman Bullock. ■ Improve the Base Line Road at 1-15 Freeway Interchange. ■ Complete Youngs Canyon from Cherry Avenue to Banyan Street. Provide an integrated network of roadways that provides for CM -1.2 O convenient automobile, transit, bicycle, and pedestrian circulation movement around the City. Same actions as identified for CM -2.1 and CM -3.7. ENG PL A, D, 1 4 Complete the circulation system by constructing new roadway CM -1.3 O facilities and freeway interchanges pursuant to the Circulation Plan (Figure CM -2). Identify in the CIP future projects and new roadways based on available funding. ENG PL A, D, 1 4 CM -1.4 O O Provide access for seniors and those with physical disabilities in all elements of the transportation system. Continue to operate the Silver Fox Express. Consult with Omnitrans regarding providing ACCESS transportation services. A, E. Require that all new future transportation facilities have appropriate and ENG CS F, H, I 4 adequate access for seniors and people with physical disabilities. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-19 Page 530 Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 531 Action T e 3 CD > General Plan Policy > a T JT y = N O U) O O O a Implementation Action(s) E a vai c O` o CL L a a` <n W ti rn a Complete intersection capacity improvements, coordinate traffic signals utilizing Intelligent Transportation Systems (ITS), and improve striping and signage. Striping shall maximize room for bike lanes where feasible and consistent with the Bicycle Plan. Modernize traffic signal equipment as necessary, and continue to update traffic signal timing and ENG PW A, D 3 synchronization plans to optimize traffic flow along the key arterial corridors, taking into account the needs of transit, bicyclists, and pedestrians as well. Invest in the communications infrastructure necessary to operate a Citywide traffic signal control system. Continue to design and operate arterials and intersections for the CM -4.2 O safe operation of all modes, including transit, bicyclists, and pedestrians. Same action as identified for CM -4.1. ENG A, D 3 CM -4.3 O Continue to implement Intelligent Transportation System Measures and advanced traffic management technologies where appropriate. Same action as identified for CM -4.1. ENG PW E, �' 3 Maintain the City's transportation infrastructure in good condition; CM -4.4 O O develop and maintain adequate funding sources for it's ongoing maintenance and upkeep. Continue to implement and follow the schedule for resurfacing streets A' D, and streets improvements per the Cl P. ENG E, F 4 Continue to require that new development participates in the cost of CM -5.1 O transportation mitigation and improvements necessitated by new development, including non -automobile solutions. Require payment of Traffic Impact Fees as approved by the City Council, used to finance specific improvements made necessary by new development. The relationship between the fees, the cost of the improvements, and new development has been established in fee ENG PL D 4 analyses approved by the City Council. These fees shall be reviewed from time to time and adjusted as needed. Require evaluation of potential traffic and transportation impacts CM -5.2 O associated with new development prior to project approval, and require adequate mitigation measures, including non -automobile solutions, prior to, or concurrent with, project development. Require applicants to prepare traffic and transportation impact assessments consistent with adopted City guidelines and standards. Continue to require sidewalks, pedestrian paths, and connections to be provided as part of new development projects to improve and enhance ENG D 4 access between neighborhoods, and from neighborhoods to schools, parks, trails, commercial centers, and other activity centers. Appendix A: Implementation Plan A-26 RANCHO CUCAMONGA GENERAL PLAN Page 531 Appendix A: implementation Plan A-30 RANCHO CUCAMONGA GENERAL PLAN Page 532 Action T e 3 as > General Plan Policy m CL o ai y v) > v O O C �+ 0 Implementation Action(s) E CL a C c `o a. ` a.a Cn ` CL in W ti a` Expand recreation and cultural attractions to enhance ED -2.3 O tourism/visitor potential and to boost sales and transient occupancy tax. Develop brochures or links from the City's web site to showcase the various recreational and cultural venues to attract visitors to the City. Enhancement of cultural amenities, including regional entertainment RD CS A 7 options, recreation, and historic preservation, will help to embellish the City's reputation as a destination for a wide range of visitors. Expand lodging choices in the City through the recruitment and ED -2.4 O placement of full-service hotels that will complement the existing select -service hotel portfolio. Review and update marketing strategies (land surveys, infrastructure availability, and modes of transportation) to solicit the development of a full-service lodging facility. Make sure that zoning regulations can RD PL A, G 4 accommodate a full-service hotel at desired locations. ED -3.1 O O Continue to make public safety a priority. Use the annual budgeting process to allocate funding for public safety services, equipment, and facilities commensurate with the City's service CM PD, FD A 6 objectives. ED -3.2 O Provide community and cultural amenities. Same action as identified for ED -2.3. CS CM, RD A 4 ED -3.3 O Maintain a healthy fiscal balance. Use the annual budgeting process to check that revenues from all CM AS, FIN A, G 1 sources continue to more than match projected spending. ED -3.4 O O Improve internal circulation for all modes of transportation, consistent with the concept of "Complete Streets". Same action as identified for LU -3.1 to 3.8. ENG PIL K' G' 4 ED -3.5 O Facilitate development of additional local and regional entertainment venues. Focus a special economic development team on the task of working towards attracting developers and investors interested in responding to RD PL A, G 6 local and regional demand for new entertainment options. ED -3.6 O Leverage the City's quality of life amenities to attract more knowledge-based workers. Expand the Economic Development Strategy to market Rancho Cucamonga's civic assets, including parks, recreation and community RD PL, CS A, G 4 enrichment facilities and programs, trails, and quality school districts. Appendix A: implementation Plan A-30 RANCHO CUCAMONGA GENERAL PLAN Page 532 Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-57 Page 533 Action �^ T e B 3 m >_ General Plan Policy .5 o. O T _ v _ R h O O o c a Implementation Action(s) E a vai c `O a a W a` CD in W ri a` PL, AS, A B Same actions as identified for RC -4.1 to RC -4.5. ENG ENG, C, E, 3 CM, BS, G, I PW, FIN Encourage development of transit -oriented and infill development, PS -12.3 O and encourage a mix of uses that foster walking and alternative transportation. Same action as identified for RC -4.4. PL ENG A, 1 3 Provide enhanced bicycling and walking infrastructure, and support PS -12.4 O public transit, including public bus service, the Metrolink, and the potential for Bus Rapid Transit (BRT). Same action as identified for RC -4.4. PL ENG A, 1 3 Provide green building incentives, assess green building techniques as a formal stage of project review, and develop a green PS -12.5 O building ordinance or program that addresses both new and existing buildings. Adaptation strategies will also include increased water efficiency in buildings. Same actions as identified for RC -6.1 to RC -6.4 PL BNG A, I, K 4 Encourage efforts to reduce waste generation and re -use and PS -12.6 O support increased recycling and composting opportunities with a focus on large commercial and industrial waste producers. Same action as identified for PF -7.1. ENG PL A 3 PS -12.7 O O Support tree planting, planting more vegetation (including native and drought -resistant planting), and preservation of open space. Same actions as identified for RC -1.1, RC -8.1 to RC -8.7. PL EN , A, 1 4 PS -12.8 O Develop green procurement plans and ensure energy savings in City operations and maintenance. Same actions as identified for RC -5.1 to RC -5.3. AS CM, FIN, A,B, C, 4 PW E, K Develop energy- or climate change -themed publications and workshops, facilitating energy audits for residents, and establishing PS -12.9 O partnerships to reduce greenhouse gas emissions. Increase public awareness about climate change, and encourage residents and businesses to become involved in activities and lifestyle changes that help reduce greenhouse gas emissions. Same action as identified for RC -5.1. CM ENG A, K 4 Consider the compatibility of proposed land uses with the noise environment when preparing or revising community and/or specific PS -13.1 O plans and when reviewing development proposals. The contour map depicting future noise levels (Figure PS -10) should be used by the City as a guide to land use/noise compatibility. Appendix A: Implementation Plan RANCHO CUCAMONGA GENERAL PLAN A-57 Page 533 DATE: July 18, 2018 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 Felicia Marshall, Associate Engineer SUBJECT: CONSIDERATION OF AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CASE NO. DRC2015-00797 LOCATED ON SANTA ANITA AVENUE NORTH OF 6TH STREET SUBMITTED BY CRP OAKMONT SANTAANITA LLC. RECOMMENDATION: Staff recommends the City Council: 1. Approve an Improvement Agreement for Case No. D RC2015-00797; 2. Accept Faithful Performance bond and Labor & Materials bonds; and 3. Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District No's. 1 and 6. BACKGROUND: On June 28, 2017, the Planning Commission approved Case No. DRC2015-00797 to construct a 339,000 square foot industrial building comprised of warehouse and office on a 17 acre site in the General Industrial (GI) District, located approximately 1,100 feet north of 6th Street and 395 feet north of the terminus of Santa Anita Avenue. This approval included conditions to construct certain public improvements including street and landscape improvements. On June 6, 2018, the City Council approved an agreement with Southern California Edison to obtain the necessary right-of-way for construction of these improvements. ANALYSIS: The developer, CRP Oakmont Santa Anita, LLC. has submitted street improvement plans and storm drain improvement plans along with an associated Improvement Agreement, Faithful Performance bond, and Labor & Materials bond in the following amounts: Faithful Performance Bond $ 412,600 Bond # 19059870 Labor & Materials Bond $ 412,600 Bond # 19059870 The bonds are sufficient to ensure completion of the conditioned public improvements. Copies of the agreement are available in the city Clerk's office. The Consent and Waiver to Annexation forms signed by Page 534 the developer are also on file in the City Clerk's office. FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the lighting and landscape maintenance districts in the following amounts: Landscape Maintenance District No. 313: $ 4,594.87 Street Lighting District No. 1: $ 578.59 Street Lighting District No. 6: $ 836.79 Further, this project would add 6 new LED streetlights (Street Lighting District No. 6) and 14 new street trees (Landscape Maintenance District No. 3B) along Santa Anita Avenue that will be maintained by the associated districts. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Resolution LMD 3B Attachment 3 -Resolution SLD 1 Attachment 4 - Resolution SLD 6 Page 535 s, City of Rancho Cucamonga Engineering Division Vicinity Map ARROW I ROUTE (BNSF) (METROLINK) 417 f f w S: C,F. 5. C, E. V _6.41Y'rll 1a/V1714 fjii o z 6TH STREET NTERSTATE 15 Y Q Q o o RANCHO CUCAMONGA w z STREET, ONTARIO N W E S Item:! L, / Title: _VICIA&-7-Y MAI? ATTAC H M E NrTk* 536 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC2015-00797 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 18 -XXX Page 1 of 5 ATTACHMENT 2 Page 537 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Resolution No. 18 -XXX Page 2 of 5 Page 538 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: CRP Oakmont Santa Anita, L.L.C., a Delaware limited liability company The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: THAT PORTION OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND THAT PORTION OF LOT 95 AND 96, ACCORDING TO THE MAP OF ROCHESTER, LYING WITHIN SECTION 17, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS, PAGE 20, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 96; THENCE NORTH 89°45'07" WEST ALONG THE NORTH LINE OF SAID LOT 96, A DISTANCE OF 6.81 FEET; THENCE NORTH 0026'07" EAST 222.31 FEET TO A POINT IN THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILWAY COMPANY (NOW THE ATCHISON, TOPEKA AND SANTA FE RAILROAD); THENCE SOUTH 88°09'45" WEST ALONG THE SAID SOUTHERLY LINE, A DISTANCE OF 880.63 FEET TO A POINT 440 FEET EAST, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SECTION 8; THENCE SOUTH 0°27'24" WEST ALONG A LINE WHICH IS PARALLEL WITH AND 440 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINES OF SAID SECTIONS 8 AND 17; A DISTANCE OF 786.28 FEET TO A LINE THAT IS PARALLEL WITH AND 65.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID LOT 95; THENCE NORTH 89051'15" EAST ALONG SAID LAST MENTIONED PARALLEL LINE, A DISTANCE OF 886.42 FEET TO THE EAST LINE OF SAID LOT 95; THENCE NORTH 0°29'07" EAST ALONG THE EAST LINE OF SAID LOTS 95 AND 96, A DISTANCE OF 594.44 FEET TO THE POINT OF BEGINNING. Assessor's Parcels Numbers of the Property: 0229-271-51 Resolution No. 18 -XXX Page 3 of 5 Page 539 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Project DRC2015-00797: 14 new street trees along Santa Anita Avenue Resolution No. 18 -XXX Page 4 of 5 Page 540 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2017/18. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial Maintenance District) for DRC2015-00797: Land Use Basis EBU Factor* Rate per EBU* Non -Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 16.28 Acres x 1 EBU Factor x $282.24 Rate per EBU = $ 4,594.87 Annual Assessment Resolution No. 18 -XXX Page 5 of 5 Page 541 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2015-00797 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 3 Page 542 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 543 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: CRP Oakmont Santa Anita, L.L.C., a Delaware limited liability company The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: THAT PORTION OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND THAT PORTION OF LOT 95 AND 96, ACCORDING TO THE MAP OF ROCHESTER, LYING WITHIN SECTION 17, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS, PAGE 20, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 96; THENCE NORTH 89°45'07" WEST ALONG THE NORTH LINE OF SAID LOT 96, A DISTANCE OF 6.81 FEET; THENCE NORTH 0026'07" EAST 222.31 FEET TO A POINT IN THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILWAY COMPANY (NOW THE ATCHISON, TOPEKA AND SANTA FE RAILROAD); THENCE SOUTH 88°09'45" WEST ALONG THE SAID SOUTHERLY LINE, A DISTANCE OF 880.63 FEET TO A POINT 440 FEET EAST, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SECTION 8; THENCE SOUTH 0°27'24" WEST ALONG A LINE WHICH IS PARALLEL WITH AND 440 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINES OF SAID SECTIONS 8 AND 17; A DISTANCE OF 786.28 FEET TO A LINE THAT IS PARALLEL WITH AND 65.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID LOT 95; THENCE NORTH 89051'15" EAST ALONG SAID LAST MENTIONED PARALLEL LINE, A DISTANCE OF 886.42 FEET TO THE EAST LINE OF SAID LOT 95; THENCE NORTH 0°29'07" EAST ALONG THE EAST LINE OF SAID LOTS 95 AND 96, A DISTANCE OF 594.44 FEET TO THE POINT OF BEGINNING. Assessor's Parcels Numbers of the Property: 0229-271-51 Resolution No. 18 -XXX — Page 3 of 5 Page 544 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project DRC2015-00797: None Resolution No. 18 -XXX — Page 4 of 5 Page 545 Exhibit C Proposed Annual Assessment Fiscal Year 2017/2018 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for DRC2015-00797: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi -Family Residential Parcel 1.00 17.77 Non -Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 16.28 Parcels x 2 EBU Factor x $17.77 Rate per EBU = $ 578.59 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 546 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR DRC2015-00797 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial/Industrial)(the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 4 Page 547 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 18th day of July 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 548 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: CRP Oakmont Santa Anita, L.L.C., a Delaware limited liability company The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: THAT PORTION OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND THAT PORTION OF LOT 95 AND 96, ACCORDING TO THE MAP OF ROCHESTER, LYING WITHIN SECTION 17, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS, PAGE 20, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 96; THENCE NORTH 89°45'07" WEST ALONG THE NORTH LINE OF SAID LOT 96, A DISTANCE OF 6.81 FEET; THENCE NORTH 0026'07" EAST 222.31 FEET TO A POINT IN THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILWAY COMPANY (NOW THE ATCHISON, TOPEKA AND SANTA FE RAILROAD); THENCE SOUTH 88°09'45" WEST ALONG THE SAID SOUTHERLY LINE, A DISTANCE OF 880.63 FEET TO A POINT 440 FEET EAST, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SECTION 8; THENCE SOUTH 0027'24" WEST ALONG A LINE WHICH IS PARALLEL WITH AND 440 FEET EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINES OF SAID SECTIONS 8 AND 17; A DISTANCE OF 786.28 FEET TO A LINE THAT IS PARALLEL WITH AND 65.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID LOT 95; THENCE NORTH 89°51'15" EAST ALONG SAID LAST MENTIONED PARALLEL LINE, A DISTANCE OF 886.42 FEET TO THE EAST LINE OF SAID LOT 95; THENCE NORTH 0029'07" EAST ALONG THE EAST LINE OF SAID LOTS 95 AND 96, A DISTANCE OF 594.44 FEET TO THE POINT OF BEGINNING. Assessor's Parcels Numbers of the Property: 0229-271-51 Resolution No. 18 -XXX — Page 3 of 5 Page 549 Exhibit B Description of the District Improvements Fiscal Year 2017/2018 Street Light Maintenance District No. 6 (Commercial/Industrial): Street Light Maintenance District No. 6 (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Proposed additions to the Improvements for Project DRC2015-00797: As a result of the annexation, there will be 6 new LED street lights along Santa Anita Avenue. Resolution No. 18 -XXX — Page 4 of 5 Page 550 Exhibit C Proposed Annual Assessment Fiscal Year2017/2018 Street Light Maintenance District No. 6 (Commercial/Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial) for DRC2015-00797: Land Use Basis EBU Rate per Factor* EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 16.28 Acres x 1 EBU Factor x $51.40 Rate per EBU = $ 836.79 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 551 DATE: July 18, 2018 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 Gianfranco Laurie, Senior Civil Engineer SUBJECT: CONSIDERATION TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH THE CITY OF ONTARIO AND APPROPRIATE $239,910 FROM THE GAS TAX R&T7360 FUND FOR PAVEMENT RESURFACING OF THE NORTH HALF OF 4TH STREET BETWEEN CUCAMONGA CREEK CHANNEL AND ARCHIBALD AVENUE. RECOMMENDATION: Staff recommends the City Council: 1. Approve a Reimbursement Agreement with City of Ontario for Pavement Resurfacing of the North Half of 4th Street between Cucamonga Creek Channel and Archibald Avenue; 2. Authorize an appropriation in the amount of $239,910 from the Gas Tax R&T7360 fund balance (Fund 174); and 3. Authorize the City Manager to execute all necessary documents. BACKGROUND: In April 2018, the City of Ontario contacted the Engineering Services Department to inform about their upcoming pavement resurfacing projects for Fiscal Year 2018/19. The City of Ontario had identified 12 roadway segments in need of immediate asphalt repairs. One of these roadway segments included the south side of 4th Street between Cucamonga Creek Channel and Archibald Avenue. In an effort to maximize construction productivity, the Engineering Services Department asked the City of Ontario to consider including a separate bid proposal for pavement resurfacing of the north side of 4th Street between Cucamonga Creek Channel and Archibald Avenue as a possible joint partnership project. A Vicinity Map illustrating the project location is included as Attachment 1. ANALYSIS: Staff from the Engineering Services Department have reviewed the existing pavement condition values reported in the City's pavement management survey and noted that the north side of 4th Street between Cucamonga Creek Channel and Archibald Avenue ranged between 40-62 PCI. Pavement Condition Index (PCI) is a numerical index between 0 (poor) to 100 (good) which is used to indicate the general condition of a pavement. The PCI values reported for this roadway segment are appropriate for the City of Ontario's pavement resurfacing project. Page 552 The City of Ontario developed a preliminary engineering estimate for the proposed pavement resurfacing of the north side of 4th Street between Cucamonga Creek Channel to Archibald Avenue. Staff reviewed the quantities and unit prices indicated and agreed with the values for future bid solicitation. The project was bid with the portion within the City of Rancho Cucamonga being included as an alternate bid. The City of Ontario prepared a bid summary after the bid opening. Staff have reviewed the bid prices and determined they are fair and reasonable. The amount to resurface the north side of 4th Street between Cucamonga Creek Channel and Archibald Avenue is $239,907. This amount includes a 10% construction contingency as well as a 10% engineering/project management fee to cover the City of Ontario's costs for managing the project which is typical for such a joint partnership project. The City of Ontario finalized a reimbursement agreement for the proposed pavement resurfacing of the north side of 4th Street between Cucamonga Creek Channel and Archibald Avenue. The City Attorney's office has reviewed the reimbursement agreement as to form. A copy of the Reimbursement Agreement is included as Attachment 2. ENVIRONMENTAL: The City of Ontario has determined that the project is Categorically Exempt per the California Environmental Quality Act (CEQA) Article 19. Categorical Exemptions. I n accordance with Section 15301 "Existing Facilities" subsection (c), Class 1 projects consists of minor alteration of existing public facilities, therefore, the Pavement Resurfacing of the North Half of 4th Street between Cucamonga Creek Channel and Archibald Avenue is considered categorically exempt from CEQA. The City of Ontario will prepare and file a Notice of Exemption with the San Bernardino County Clerk. FISCAL IMPACT: Anticipated construction costs for this project are estimated to be as follows: ----------------------------- --------'r-------------------- ;Construction Contract $198,270. -------------------------------------------- ----- ---- ------- ---------- ;Construction Contract Contingency (10%) $19,827 ------------------------------------------------------------------------- ------------------- ;Engineering & Project Management Costs (10%) $21,813: ------------------ ------ ;Estimated Construction Costs $239,910 This pavement resurfacing project on the north side of 4th Street between Cucamonga Creek Channel and Archibald Avenue had not been planned for in the Fiscal Year 2018/19 Capital Improvement Program (CIP). However, given the opportunity to overlay this portion of roadway using the City of Ontario's contractor is an advantage for the city as bid prices were found reasonable to move the pavement resurfacing project forward to this fiscal year. Sufficient funds are available in the Gas Tax R&T7360 (Fund 174) fund balance for this work. An appropriation in the amount of $239,910 from the Gas Tax R&T7360 (Fund 174) fund balance into the following project account number is required to cover the anticipated construction costs. Account No. Funding Source Description Amount 11743035650/1992174-0 (Capital Gas Tax R&T7360 4th St Rehab: Cucamonga Crk- $239,910 Projects) (174) Archibald COUNCIL GOAL(S) ADDRESSED: 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. Page 553 ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Reimbursement Agreement Page 554 MAP CITY OF • CUCAMONGA '�•�'+�NORTH HALF OF • . u� PAVEMENT RESURFACING ATTACHMENY155 REIMBURSEMENT AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND CITY OF ONTARIO FOR PAVEMENT RESURFACING OF THE NORTH HALF OF FOURTH STREET BETWEEN THE CITIES' BORDER AND ARCHIBALD AVENUE This Reimbursement Agreement (hereinafter referred to as "AGREEMENT") is made and entered into by and between the City of Rancho Cucamonga (hereinafter referred to as "RANCHO CUCAMONGA") and the City of Ontario (hereinafter referred to as "ONTARIO") (collectively referred to as "PARTIES") for RANCHO CUCAMONGA to reimburse ONTARIO for certain expenditures related to the Fiscal Year 2018/19 pavement resurfacing of Fourth Street between the PARTIES' border and Archibald Avenue. WITNESSETH WHEREAS, the ONTARIO Capital Improvement Program (CIP) serves as a plan for the provision of public improvements and the construction of street resurfacing improvements on Fourth Street from Cucamonga Creek Channel to Archibald Avenue is included in the ONTARIO CIP ("PROJECT"); and WHEREAS, the PROJECT includes the design, project management, street preparation, street asphalt resurfacing, all striping replacement, concrete improvements, traffic signal improvements, traffic control, and construction inspection; and WHEREAS, the PROJECT begins at the border of RANCHO CUCAMONGA and ONTARIO and is mutually beneficial to both cities; and WHEREAS, ONTARIO and RANCHO CUCAMONGA wish to provide for ONTARIO to take the lead on the PROJECT for the design and construction phases of the PROJECT; and WHEREAS, ONTARIO is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT and has determined that the PROJECT is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines; and WHEREAS, RANCHO CUCAMONGA and ONTARIO desire for RANCHO CUCAMONGA to reimburse ONTARIO for 100 percent of the PROJECT'S actual Page 1 of ATTACHMENT 2 16498.00170\30007739.1 Page 556 construction costs within the City of Rancho Cucamonga ("RANCHO'S COSTS"), plus 10 percent of RANCHO'S COSTS for design, construction administration, and inspection ("ENGINEERING & PROJECT MANAGEMENT COSTS") associated with the PROJECT.; and NOW, THEREFORE, RANCHO CUCAMONGA and ONTARIO mutually agree to the following: SECTION I ONTARIO AGREES: 1. That only eligible PROJECT expenses, as set forth in Attachment A to this AGREEMENT, will be reimbursed by RANCHO CUCAMONGA. ONTARIO agrees that it will only request reimbursement from RANCHO CUCAMONGA for eligible PROJECT expenses as defined in Attachment A. 2. To maintain and make available to RANCHO CUCAMONGA, copies of all consultant/contractor invoices, source documents, books and records, and expenses as set forth in Attachment A and in connection with the PARTIES' performance under this AGREEMENT for a minimum of three (3) years from the date of the Final Acceptance by ONTARIO or until audit retention is achieved, whichever is later. 3. To fully cooperate with RANCHO CUCAMONGA to allow for the preparation of a PROJECT audit if requested by RANCHO CUCAMONGA in writing within three (3) years from date of the Final Acceptance by ONTARIO. The audit is intended to verify that all funds expended for costs on the PROJECT were used in conformance with this AGREEMENT. 4. To render services for design, project management and construction management utilizing ONTARIO staff which may be supplemented by consultants that are specifically tasked for completing the PROJECT. 5. Under CEQA, ONTARIO, as Lead Agency, is the decision-making body for the PROJECT and shall make a CEQA Determination on the PROJECT and file the necessary environmental document with the County Clerk and Office of Planning and Research, if necessary, and complete all public notifications and hearings. 6. ONTARIO shall prepare plans, specifications and estimates for the PROJECT under direction of a registered Professional Engineer licensed in the applicable professional field in the State of California. Page 2 of 7 16498.00170\30007739.1 Page 557 7. ONTARIO shall contract for the construction and installation of the PROJECT at ONTARIO's cost and expense, but subject to RANCHO CUCAMONGA'S reimbursement, as set forth in this AGREEMENT. SECTION II RANCHO CUCAMONGA AGREES: 1. RANCHO CUCAMONGA agrees to reimburse ONTARIO for 100 percent of RANCHO'S COSTS that are incurred by ONTARIO for the PROJECT plus ENGINEERING & PROJECT MANAGEMENT COSTS. 2. RANCHO CUCAMONGA agrees to reimburse ONTARIO for its share of costs no later than sixty (60) days following the date of final acceptance of the PROJECT by ONTARIO. 3. RANCHO CUCAMONGA shall designate a Project Manager to represent RANCHO CUCAMONGA through whom all communications shall be channeled. 4. RANCHO CUCAMONGA's Project Manager shall distribute submittals, schedules, and other correspondence to applicable RANCH CUCAMONGA departments for review and comment. RANCHO CUCAMONGA shall transmit review comments within ten (10) working days after the submittal is received. If no comments are received within such time, RANCHO CUCAMONGA will be considered to have no objection to the approval of ONTARIO. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the applicable General Plan, as amended, as of the date of the last signature on this AGREEMENT. 2. RANCHO CUCAMONGA's financial responsibility for the PROJECT (RANCHO'S COSTS and ENGINEERING & PROJECT MANAGEMENT COSTS) shall not exceed 100% of the estimated costs set forth in Attachment A unless amended in writing and approved by the PARTIES' respective City Councils. According to current cost estimates, the reimbursement is estimated to be in the amount up to $239,907 as demonstrated in Attachment A; however actual costs, and RANCHO CUCAMONGA's share of those costs, upon completion of the project may be different. The final costs for all eligible Page 3 of 7 16498.00170\30007739.1 Page 558 PROJECT expenses set forth in Attachment A shall be used to set the final amount of reimbursement. 3. This AGREEMENT can be amended only when agreed upon in writing by both PARTIES. 4. ONTARIO will use its own funds to design and construct the PROJECT with the understanding that RANCHO CUCAMONGA will reimburse ONTARIO for RANCHO CUCAMONGA's share of eligible PROJECT expenditures at a later date in accordance with this AGREEMENT. 5. Eligible PROJECT reimbursements shall include only those costs incurred by ONTARIO for PROJECT activities that are described in this AGREEMENT and shall not include escalation or interest. 6. ONTARIO shall defend, indemnify, and hold harmless RANCHO CUCAMONGA, its officers and employees, from and against any and all actions, claims, injuries, damages, liabilities, demands, losses, judgments, penalties, expenses and costs including attorney's fees for staff attorneys and outside counsel (collectively "Liabilities") arising out of or in any way connected with anything done or omitted to be done by ONTARIO, its officers, employees, agents, contractors, consultants, subcontractors and subconsultants of any level, in connection with the PROJECT or under or in connection with any work, authority or jurisdiction delegated to ONTARIO under this AGREEMENT. ONTARIO's obligations under this Article apply to RANCHO CUCAMONGA's "passive" and "active" negligence, but do not apply to RANCHO CUCAMONGA's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 7. RANCHO CUCAMONGA shall defend, indemnify, and hold harmless ONTARIO, its officers and employees, from and against any and all actions, claims, injuries, damages, liabilities, demands, losses, judgments, penalties, expenses and costs including attorney's fees for staff attorneys and outside counsel (collectively "Liabilities") arising out of or in any way connected with anything done or omitted to be done by RANCHO CUCAMONGA, its officers, employees, agents, contractors, consultants, subcontractors and subconsultants of any level, in connection with the PROJECT or under or in connection with any work, authority or jurisdiction delegated to RANCHO CUCAMONGA under this AGREEMENT. RANCHO CUCAMONGA's obligations under this Article apply to ONTARIO's "passive" and "active" negligence, but do not apply to ONTARIO's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 8. ONATRIO is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its programs of self-insurance, it has Page 4 of 7 16498.00170\30007739.1 Page 559 adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. 9. RANCHO CUCAMONGA is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self- insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. 10. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by PROJECT expenses as defined herein with the exception of paragraphs 6 and 7 above which shall survive termination of this AGREEMENT. 11. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. If to ONTARIO: Scott Ochoa, City Manager 303 East B Street Ontario, CA 91764 (909) 395-2010 If to RANCHO CUCAMONGA: John R. Gillison, City Manager 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 (909) 477-2700 12. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. 13. Attachment A 1. Pavement Rehabilitation of Fourth Street between City limits and Archibald Avenue. 2. Installation of New Traffic Signal Improvements at Fourth Street and Golden Oak Road. Page 5 of 7 16498.00170\30007739.1 Page 560 3. Project Scope Projected Cost and Schedule is hereby incorporated into this AGREEMENT. SIGNATURES ON FOLLOWING PAGE: Page 6 of 7 16498.00170\30007739.1 Page 561 SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT BETWEEN CITY OF RANCH CUCAMONGA AND CITY OF ONTARIO FOR PAVEMENT RESURFACING OF THE NORTH HALF OF FOURTH STREET BETWEEN CITY LIMITS AND ARCHIBALD AVENUE IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT below. CITY OF RANCHO CUCAMONGA CITY OF ONTARIO Lo John R. Gillison City Manager Dated: Dated: Attest: Attest: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: James L. Markman City Attorney 16498.00170\30007739.1 Scott Ochoa City Manager Sheila Mautz, City Clerk APPROVED AS TO FORM: Page 7 of 7 Best Best & Krieger City Attorney Page 562 Attachment A Pavement Rehabilitation of the north half of Fourth Street between City Limits and Archibald Avenue Installation of Video Detection Traffic Signal Improvements at Fourth Street and Golden Oak Road Proiect Scope, Proiected Cost, and Schedule Proposed Proiect Work Fourth Street between the City Limits and Archibald Avenue is to be resurfaced as part of the City of Ontario 2018 Pavement Rehabilitation Project. This project includes grinding removal of old failing asphalt and placement of rubberized asphalt pavement, upgrading curb ramps, sidewalk repairs, and new striping. The traffic signal at Golden Oak Road is to be upgraded to a video detection system. The Rancho Cucamonga portion of costs are described below. Summary of Proiect Costs (Estimate) FOURTH STREET PAVEMENT REHABILITATION CITY LIMITS TO ARCHIBALD AVENUE (NORTH HALF) DESCRIPTION QUANTITY UNIT COST TOTAL Traffic Control & Safety 1 $17,000.00 $17,000.00 Clearing, Grubbing, Removals 1 $11,000.00 $11,000.00 Remove PCC SW / Ramp S.F. 1,0001 $5.25 $5,250.00 Cold Plane A.C. (.10,.15,.17) S.Y. 2,300 $4.50 $10,350.00 A.C. Leveling Course S.Y. 5,700 $2.00 $11,400.00 ARHM Overlay (145 Ib/cf) T.N. 1,050 $80.00 $84,000.00 Construct Access Ramp S.F. 1,0001 $17.00 $17,000.00 Adjust MH to Grade EA. 9 $750.00 $6,750.00 Adjust Valve to Grade EA. 28 $150.00 $4,200.00 Striping LS 1 $7,000.00 $7,000.00 Construct Ramp Domes S.F. 1 72 $60.00 $4,320.00 Video Detection System EA. 1 $20,000.00 $20,000.00 SUBTOTAL 10% Contingency ("RANCHO'S COSTS") TOTAL: 10% Engineering & Project Management Costs Total Estimated Costs for Rancho Portion $198,270.00 $19,827.00 $218,097.00 $21,809.70 $239,906.70 Proposed Proiect Schedule (milestone delivery dates) Estimated construction start date: September 2018 Estimated completion date: December 2018 16498.00170\30007739.1 Page 563 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Donny Mahoney, Chief of Police Noel Wilterding, Administrative Lieutenant Karen Hunt, Sheriff's Service Specialist SUBJECT: CONSIDERATION OF AUTHORIZATION TO RELOCATE NEWLY PLACED RADIO EQUIPMENT FROM THE CITY YARD AND CUCAMONGA SCHOOL DISTRICT OFFICE TO THE TOP OF CUCAMONGA MIDDLE SCHOOL AND HAVEN RADIO TOWER UTILIZING THE CITY'S EXISTING VENDOR, LEVERAGE INFORMATION SYSTEMS, FOR A TOTAL COST OF $8,310 AND AUTHORIZATION TO APPROPRIATE $8,310 FROM THE COPS PROGRAM GRANT. RECOMMENDATION: Staff recommends City Council authorize the relocation of the newly placed radio equipment from the City Yard and Cucamonga School District Office to the top of Cucamonga Middle School and Haven Radio Tower. The relocation will be performed by the City's existing vendor, Leverage Information Systems, in the amount of $8,310 and authorization to appropriate $8,310 form the COPS Program Grant. BACKGROUND: In 2013, the City Council approved the initial phase of the PSVN which was installed around the Victoria Gardens Shopping Mall. In the years that followed, the PSVN has expanded to other locations including the Metrolink Parking Facility, City Hall, Rancho Cucamonga Public Libraries and all four high schools located within the City. As part of this continued integration, staff's goal is to bring existing surveillance cameras from the Cultural Center into the PSVN. The Cucamonga School District equipped their school and business offices with approximately 200 cameras. Approximately 150 of those cameras are located within the City of Rancho Cucamonga. Cucamonga School District added these cameras with the intention of having them connected to the City of Rancho Cucamonga's PSVN systems and has entered into an MOU allowing Rancho Cucamonga Police Department the ability to view the cameras as needed. Radio equipment was put I n place at the City Yard and Cucamonga School District Office to relay camera signals from both Cucamonga School District and Los Amigos Park. However, as the radio equipment was being installed, it was learned a newly constructed building now blocks the two radios. This proposed relocation will remedy this situation. ANALYSIS: Page 564 The proposed project specifics are described as follows: Existing Radio Equipment Radio equipment ( Ubiquiti AirFiber 24 GHz Radios) will be relocated from the Cucamonga SchoolDistrict Office and the City Yards, to Cucamonga Middle School and Haven Radio Tower. The City already has an agreement in place with Haven Radio Tower to have radio equipment affixed to it for the purposes of the City's PSVN network. FISCAL IMPACT: Approving this project has a total onetime cost of $8,310 and includes all parts, installation and materials, freight and labor. 12 months of onsite support and warranties were already paid for in the initial funding. Staff is requesting authorization for an additional appropriation into the following account from the COPS Program Grant. 354-1701-5300 - Contract Services $8,310 COUNCIL GOAL(S) ADDRESSED: The PSVN has proven to be a reliable surveillance platform that enhances the capabilities of the Police Department as well as Facilities Management. By adding the Cucamonga School District to the PSVN we are providing an additional layer of public safety to our schools. ATTACHMENTS: Description Quote and proposal for relocation of radio equipment for Cucamonga School District and Los Amigos Park Page 565 Proposal for CSD Wireless Relocation Proposal and Quote City of Rancho Cucamonga CSD Wireless Reachback Relocation April 5, 2018 L ER GE ORM ATIol3 SYSTEMS Corporate Office: 18815 139"' Ave NE, Suite B Woodinville, WA 98072 425-482-9200 Office 800-825-6680 Toll Free 425-485-9400 Fax www.LEVERAGEis.com CA State License No.: BL00078754 CA Sales Tax 1D: 99-729558 CA Contractor's License (C-7) 897224 LL\/EIUIC�,E Page 1 This document is to be treated as proprietary and confidential to Leverage Informa#on Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Page 566 EtAGE Proposal far CSD Wireless Relocation LE���••••�•• •����•� Proposed Design Due to a new buildings construction impeding the wireless connection from the Cucamonga School District's District Office to the City Yards Main Building, in the city of Rancho Cucamonga, the existing wireless radios will need to be relocated to provide a connection to the PSVN Network. This design proposal is to relocate this wireless connection to the Rancho Cucamonga Middle School and the Haven Tower where an existing PSVN network connection resides. Statement of Wo,, -k RCMS Building A Roof (RCMS) Leverage will: 1. Install and configure: a. One Ubiquiti AirFiber 24GHz Radio, relocated from District Office i. Pole mounted to new strapped pole ii. PoE powered using supplied injector to be located within existing NEMA Enclosure. iii. CAT5/6 cabled to MDF Surveillance Network Switch iv. Aimed to Haven Tower location — 5.03 miles Customer will: 1. Provide access to Building A Haven Tower Leverage will: 1. Install and configure: a. One Ubiquiti AirFiber 24GHz Radio, relocated from City Yards i. Pale mounted to new strapped pole ii. PoE powered using supplied injector to be located within existing NEMA Enclosure. iii. CAT5/6 cabled to existing IE3000 switch located within NEMA iv. Aimed to RCMS location — 5.03 miles Customer will: 1. Provide access to Haven Tower Facility Page 2 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Page 567 Proposal for CSD Wireless Relocation LEVEBA E Fig2re I: Wireless Overview Page 3 This document is to be treated as proprietary ano cont dentia) to Leverage information Systems, Inc and is to be shared only with those individuais involved with the negotiation or proper execution of the AGREEMENT described herein. Page 568 s F e AF24 24GHx l ~ _ 5.0 Miles Haven Tower tr ""AF24 Radios relocated from District Office & City Yards Roof— RCMS Building A The Momoe[m catenel x'thswc�nwnl x 6xn! Iedn rnNcenx w therequMhg paM wehlho iydpslyujpg Not X WN Rd. w{hcryt IXpMs9 wrg-IER 9 EaWiapp Nepp:m sry¢ns, Int. tc Encrseq nd�.', a p'W dRe:p arghn raiq r� l Awn 91' ww kl Awig 7kM Oeecriawn pyo L�+r� li�t1. Scct![Hssa Apr5,2018 yrwrt„cr, n,a, ,r, iras,w,n,a s�+ n,ewr VNxeieae ltebcat4 lar2 Fig2re I: Wireless Overview Page 3 This document is to be treated as proprietary ano cont dentia) to Leverage information Systems, Inc and is to be shared only with those individuais involved with the negotiation or proper execution of the AGREEMENT described herein. Page 568 Proposal far CSD Wireless Relocation LEEItAE Page 4 This document is to be treated as proprietary and confidentia[ to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Page 569 Haven TowerRCMS guilding A Roof CATS PIE cATB PIE IE3000 (existing) MDF Switch —AF24 Radios relocated front District (Customers existing) Office & City Yards Roof "' The Y4wmtlon ratlened inlh+�CLrICa rs kmshal:n conldrn[e le Me ruq.iesinp racy vllh tin uPmrgadVrg Irul A w.t cwt. wMaw. eM[•Pse wrMer Polmwun U rmttee fnnpa;nn FVAOrrrs, lrc ro er,�q-pq 000iatl, a p'oveae to andntYr pury ��:n' 6swn BVPlNflMt dewhOTlpe b.Apon Peer e'retr✓=Fr Apr S. 201 cxymaM.n„nw.rw.gsr c�urra se suwa Gu.e�Wheless Rebaition 2e12 Page 4 This document is to be treated as proprietary and confidentia[ to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Page 569 Propo.sol far CSD Wit•eless Relocation About Leverage LE EItAGC LE ERA G` E INFORMATION SYSTEMS Corporare Headquarters 18815 139th Avenue NE, Suite B Woodinville, WA 98072 800.825.6680 Toll free 425.482.9200 Office 425.485.9400 Fax California 3100 East Cedar Street, Suite 13 Ontario, CA 91761 800.825.6680 Toll free 909.418.2805 Office 800.486.5009 Fax wwV1.1everageis.com Leverage Information Systems, Inc. (LEVERAGE) is an industry leading IP communications networking solutions provider. Our Southwest Regional Office business unit is focused on delivering IP -based and hard -wired surveillance solutions that address Punlic Safety and Law Enforcement concerns. LEVERAGE maintains both corporate and regional certification for all aspects of any tactical surveillance architecture deployed by our professionals. We have become known for our "LEVERAGE Standard" reliable Public Safety deployments within multiple Law Enforcement Agencies it,, Southern California. The LEVERAGE arc,nitecture lends itself to flexible add-on growth because of its open, peer-to-peer (server -less) and license -free deployment model. Existing LEVERAGE surveillance implementations are easily expanded by adding additional surveillance nodes. Our open architecture and flexible integration can be seen in many cities in Southern California. Page 7 This dsc .Ten# :s to bo treat c ss proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Page 570 - Freight - 025 1.00 Freight - Fixed P. cc Fixed Freight Charge EA $75.27 $75.27 Prices are firm untii 5/23/2018 Terms: Net 34 Quoted by: Colin McElroy, colin.rncelroy@leverageis.com Signature: Print Marne: PO#: Title: Disclaimer Unless otherwise quotes, Standard delivery chZrges are 30 days ARO. Expedited freight will be charged prepay and add. Please notify your sales rep should you want to use a freight account. If applicable, sales tax will be charged when invoiced. Leverage Information Systems 30 day return policy does not apply to changed, opened, or cancelled orders. In the event the customer chooses to change o, _ancei an order, restocking fees may apply. Leverage is a Small Business Enterprse - Pricing is valid for 130) days - Accepted Methocs of Payment - Checx or ER; Please contact your sales rep for re -quote should you like to pay via Credit Ca,d Tax ID / EIN# 91-1607710 DUNS# 807596051 Cage Code: OX6H7 custom quote - clin.rpt Printed: 04/2312018, 3:33 PM Your Price: Leverage Information Sales Tax Quote SubTotal: Systems Total: $8,307.33 LE ERAGE Phone: (425) 482-9200 No.: 1801547 INFORMATION SYSTEMS Fax: (425)485-9400 Date: 04/23/2018 www.lev0rageis.com PO BOX 630 Wcod;nville, WA 98072 Prepared for: Prepared by: Colin McElroy Michael Scott 909-477-2700 x2546 Account No.: 2150 City of Rancho Cucamonga Type: Open Market Job: Wireless Relocation CLIN Qty. Item ID Description Uom - Installarion Materials - 001 1.00 LOT - EQUIP Installation Materials EA $2,148.70 $2,148.70 - Labor - 020 1.00 OSINSTALL Onsite Installation EA $5,911.00 $5,911.00 - Freight - 025 1.00 Freight - Fixed P. cc Fixed Freight Charge EA $75.27 $75.27 Prices are firm untii 5/23/2018 Terms: Net 34 Quoted by: Colin McElroy, colin.rncelroy@leverageis.com Signature: Print Marne: PO#: Title: Disclaimer Unless otherwise quotes, Standard delivery chZrges are 30 days ARO. Expedited freight will be charged prepay and add. Please notify your sales rep should you want to use a freight account. If applicable, sales tax will be charged when invoiced. Leverage Information Systems 30 day return policy does not apply to changed, opened, or cancelled orders. In the event the customer chooses to change o, _ancei an order, restocking fees may apply. Leverage is a Small Business Enterprse - Pricing is valid for 130) days - Accepted Methocs of Payment - Checx or ER; Please contact your sales rep for re -quote should you like to pay via Credit Ca,d Tax ID / EIN# 91-1607710 DUNS# 807596051 Cage Code: OX6H7 custom quote - clin.rpt Printed: 04/2312018, 3:33 PM Your Price: $8,134.97 Sales Tax $172.36 SubTotal: $8,307.33 Total: $8,307.33 Date: 4/23/2018 Date: PH# : Page 1 Page 571 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 16- 148 WITH BRIGHTVIEW LANDSCAPE SERVICES FOR LANDSCAPE, IRRIGATION, AND PARKS MAINTENANCE FOR LANDSCAPE MAINTENANCE DISTRICT 1 (LMD 1) PARKS, WITH A VALUE OF $341,000 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $1,783,320 OVER THE FIVE YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 2 to contract CO 16-148 with BrightView Landscape Services extending the term of the contract to June 30, 2019, with a value of $341,000 for FY 2018-2019, and an estimated total contract value of $1,783,320 over the five years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 15, 2016, City Council accepted the bids received and awarded contract CO 16-148 for the complete maintenance of parks located in Landscape Maintenance District 1 (LMD-1) to BrightView Landscape Services. This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2023. Currently all parks in LMD 1 are maintained at Service Level C as defined by the contract specifications. If approved, Amendment 2 to contract CO 16-148 extends the term of the contract to June 30, 2019 with a 3.1% rate increase and no changes to the scope of work, service levels, or other terms and conditions. ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.1% rate increase. The requested increase is 0.7% below the change in the Los Angeles - Long Beach - Anaheim Consumer Price Index (CPI -U). In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Est. Annual Total Routine Extra Work Grand Total/ Maintenance Increase (4%) Maintenance Fiscal Year Page 572 2018/2019 $ 238,580 $ - $ 238,580 $ 102,420 $ 341,000 2019/2020 $ 238,580 $ 9,550 $ 248,130 $ 102,420 $ 350,550 2020/2021 $ 248,130 $ 9,930 $ 258,060 $ 102,420 $ 360,480 2021/2022 $ 248,130 $ 9,930 $ 258,060 $ 102,420 $ 360,480 2022/2023 $ 258,060 $ 10,330 $ 268,390 $ 102,420 $ 370,810 Grand Total $ 1,783,320 BrightView Landscape Services continues to provide acceptable service to the City. Staff recommends Council approve the renewal of contract CO 16-148 effective July 1, 2018 and approve the spending limit of $341,000 for FY 2018/2019 and the estimated total contract value of $1,783,320 over the five years remaining on the contract. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 2 Page 573 AMENDMENT NO. 2 to Professional Services Agreement (CO #16-148) between BrightView Landscape Services (hereinafter "Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 16-148, to incorporate the following: The above-mentioned Agreement has been in effect for two (2) years and has an option to renew in one (1) year increments. Contractor and City would like to exercise the option to renew CO 16-148 for one (1) additional year. Item 1. The term of the agreement is hereby extended an additional year to June 30, 2018 in an amount that shall not exceed $341,000 for routine maintenance and extra work during the period July 1, 2018 through June 30, 2019 ($238,580 for routine maintenance and $102,420 for extra work). Routine maintenance shall be performed at service level C per contract specifications. Said extension will be in accordance with the Contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the third year of the agreement. Item 2. Increase monthly lump sum costs for routine maintenance and hourly rates for extra work by 3.1%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO#16-148, 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 three (3) original signed copies to the City no later than June 28, 2018. The City will process the copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. BrightView Landscape Services Name Date Title Name Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title By: Name Title Date Date Page 574 Exhibit A 8726 Calabash Ave. Fontana, CA 92335 T. 909 349 1802 www.brightview.com April 26, 2018 Paul Fisher, Management Analyst I City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 BrightView Ir Re: Letter of Intent to Renew Contracts: CO 2012-009, The Maintenance of Landscape and Irrigation within LMD's 1, 2, 4R and 5, CO 16-148 (LIVID 1 Parks) and CO 16-262 (PD -85 Parks) for Fiscal Year 2018/19 Mr. Fisher, On behalf of BrightView Landscape Services Inc. would like to extend its gratitude to the City of Rancho Cucamonga for its partnership over the past years. With this letter of intent, we accept the offer to renew our contracts for the three areas stated above for the 2018/2019 fiscal year as stated in the email from Paul Fisher. We request a 3.1% increase for all pricing on these contracts as we start the new fiscal year. This request for increase includes a 3.1 % for C.P.I. We hope that you will accept this offer or be willing to discuss other options. If you have any questions or comments please give me a call at (909) 349-1802 or you can email me at paul.bird(a-)briahtview.com . Sincerely, 4-D Paul Bird Branch Manager BrightView Landscape Services Inc. Page 575 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Bear Gulch Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 115.84 $ 115.84 $ 1,390.08 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 0 SF $ - $ - $ - Turf Maintenance 160,350 SF $ 0.0087 $ 1,395.05 $ 16,740.60 Hardscape Maint. Inc. Sweeping 1 LS $ 64.96 $ 64.96 $ 779.52 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 243.58 $ 243.58 $ 2,922.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 97.43 $ 97.43 $ 1,169.16 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 1,407.32 $ 1,407.32 $ 16,887.84 Drinking Fountain Maintenance 1 LS $ 16.24 $ 16.24 $ 194.88 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers 1 LS $ 54.13 $ 54.13 $ 649.56 Trash Bin Enclosures 1 LS $ - $ - $ - Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Bear Gulch Park - Service Level B $ 3,692.28 $ 44,307.36 Beryl Park West - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 115.84 $ 115.84 $ 1,390.08 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 5,000 SF $ 0.0107 $ 53.50 $ 642.00 Turf Maintenance 313,632 SF $ 0.0087 $ 2,728.60 $ 32,743.20 Hardscape Maint. Inc. Sweeping 1 LS $ 48.72 $ 48.72 $ 584.64 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 73.08 $ 73.08 $ 876.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 119.09 $ 119.09 $ 1,429.08 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 48.72 $ 48.72 $ 584.64 Debris Management Litter Control 1 LS $ 48.72 $ 48.72 $ 584.64 Trash Containers Trash Bin Enclosures Graffiti Removal Total - Beryl Park West - Service Level B 1 LS $ 75.78 $ 75.78 $ 909.36 1 LS $ 27.07 $ 27.07 $ 324.84 1 LS $ 48.72 $ 48.72 $ 584.64 $ 4,275.55 $ 51,306.60 Page 576 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Beryl Park East - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 115.84 $ 115.84 $ 1,390.08 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 5,000 SF $ 0.0107 $ 53.50 $ 642.00 Turf Maintenance 304,920 SF $ 0.0087 $ 2,652.80 $ 31,833.60 Hardscape Maint. Inc. Sweeping 1 LS $ 97.43 $ 97.43 $ 1,169.16 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 73.08 $ 73.08 $ 876.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 64.96 $ 64.96 $ 779.52 Hardcourt Maintenance 1 LS $ 216.51 $ 216.51 $ 2,598.12 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers 1 LS $ 108.26 $ 108.26 $ 1,299.12 Trash Bin Enclosures 1 LS $ 27.07 $ 27.07 $ 324.84 Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Beryl Park East - Service Level B $ 4,389.19 $ 52,670.28 Church Street Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 135.32 $ 135.32 $ 1,623.84 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 1,575 SF $ 0.0107 $ 16.85 $ 202.20 Turf Maintenance 230,868 SF $ 0.0087 $ 2,008.55 $ 24,102.60 Hardscape Maint. Inc. Sweeping 1 LS $ 48.72 $ 48.72 $ 584.64 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 97.43 $ 97.43 $ 1,169.16 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 64.96 $ 64.96 $ 779.52 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers Trash Bin Enclosures Graffiti Removal Total - Church Street Park - Service Level B 1 LS $ 81.20 $ 81.20 $ 974.40 1 LS $ 27.07 $ 27.07 $ 324.84 1 LS $ 48.72 $ 48.72 $ 584.64 $ 3,513.97 $ 42,167.64 Page 577 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Golden Oak Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 115.84 $ 115.84 $ 1,390.08 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 34,848 SF $ 0.0107 $ 372.87 $ 4,474.44 Turf Maintenance 145,054 SF $ 0.0087 $ 1,261.97 $ 15,143.64 Hardscape Maint. Inc. Sweeping 1 LS $ 32.48 $ 32.48 $ 389.76 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 48.72 $ 48.72 $ 584.64 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 86.61 $ 86.61 $ 1,039.32 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 16.24 $ 16.24 $ 194.88 Debris Management Litter Control 1 LS $ 32.48 $ 32.48 $ 389.76 Trash Containers 1 LS $ 70.37 $ 70.37 $ 844.44 Trash Bin Enclosures 1 LS $ 27.07 $ 27.07 $ 324.84 Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Golden Oak Park - Service Level B $ 3,001.08 $ 36,012.96 Hermosa Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 115.84 $ 115.84 $ 1,390.08 Tree Maintenance 1 LS $ 108.26 $ 108.26 $ 1,299.12 Shrub, Groundcover, Vine and Mulch Maint. 3,160 SF $ 0.0107 $ 33.81 $ 405.72 Turf Maintenance 319,730 SF $ 0.0087 $ 2,781.65 $ 33,379.80 Hardscape Maint. Inc. Sweeping 1 LS $ 64.96 $ 64.96 $ 779.52 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 146.15 $ 146.15 $ 1,753.80 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 129.91 $ 129.91 $ 1,558.92 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 129.91 $ 129.91 $ 1,558.92 Trash Containers 1 LS $ 97.43 $ 97.43 $ 1,169.16 Trash Bin Enclosures Graffiti Removal Total - Hermosa Park - Service Level B 1 LS $ 27.07 $ 27.07 $ 324.84 1 LS $ 48.72 $ 48.72 $ 584.64 $ 4,549.77 $ 54,597.24 Page 578 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Old Town Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 115.84 $ 115.84 $ 1,390.08 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 2,123 SF $ 0.0107 $ 22.72 $ 272.64 Turf Maintenance 138,085 SF $ 0.0087 $ 1,201.34 $ 14,416.08 Hardscape Maint. Inc. Sweeping 1 LS $ 64.96 $ 64.96 $ 779.52 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 73.08 $ 73.08 $ 876.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 119.09 $ 119.09 $ 1,429.08 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers 1 LS $ 70.37 $ 70.37 $ 844.44 Trash Bin Enclosures 1 LS $ 27.07 $ 27.07 $ 324.84 Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Old Town Park - Service Level B $ 2,728.34 $ 32,740.08 Bear Gulch Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 86.61 $ 86.61 $ 1,039.32 Tree Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Shrub, Groundcover, Vine and Mulch Maint. 0 SF $ - $ - $ - Turf Maintenance 160,350 SF $ 0.0052 $ 833.82 $ 10,005.84 Hardscape Maint. Inc. Sweeping 1 LS $ 32.48 $ 32.48 $ 389.76 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 243.58 $ 243.58 $ 2,922.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 97.43 $ 97.43 $ 1,169.16 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 1,407.32 $ 1,407.32 $ 16,887.84 Drinking Fountain Maintenance 1 LS $ 16.24 $ 16.24 $ 194.88 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers Trash Bin Enclosures Graffiti Removal Total - Bear Gulch Park - Service Level C 1 LS $ 54.13 $ 54.13 $ 649.56 1 LS $ - $ - $ - 1 LS $ 48.72 $ 48.72 $ 584.64 $ 3,042.28 $ 36,507.36 Page 579 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Beryl Park West - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 86.61 $ 86.61 $ 1,039.32 Tree Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Shrub, Groundcover, Vine and Mulch Maint. 5,000 SF $ 0.0107 $ 53.50 $ 642.00 Turf Maintenance 313,632 SF $ 0.0052 $ 1,630.89 $ 19,570.68 Hardscape Maint. Inc. Sweeping 1 LS $ 24.90 $ 24.90 $ 298.80 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 73.08 $ 73.08 $ 876.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 119.09 $ 119.09 $ 1,429.08 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 48.72 $ 48.72 $ 584.64 Debris Management Litter Control 1 LS $ 48.72 $ 48.72 $ 584.64 Trash Containers 1 LS $ 75.78 $ 75.78 $ 909.36 Trash Bin Enclosures 1 LS $ 27.07 $ 27.07 $ 324.84 Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Beryl Park West - Service Level C $ 3,097.73 $ 37,172.76 Beryl Park East - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 86.61 $ 86.61 $ 1,039.32 Tree Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Shrub, Groundcover, Vine and Mulch Maint. 5,000 SF $ 0.0107 $ 53.50 $ 642.00 Turf Maintenance 304,920 SF $ 0.0052 $ 1,585.58 $ 19,026.96 Hardscape Maint. Inc. Sweeping 1 LS $ 48.72 $ 48.72 $ 584.64 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 73.08 $ 73.08 $ 876.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 64.96 $ 64.96 $ 779.52 Hardcourt Maintenance 1 LS $ 216.51 $ 216.51 $ 2,598.12 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers Trash Bin Enclosures Graffiti Removal Total - Beryl Park East - Service Level C 1 LS $ 108.26 $ 108.26 $ 1,299.12 1 LS $ 27.07 $ 27.07 $ 324.84 1 LS $ 48.72 $ 48.72 $ 584.64 $ 3,216.97 $ 38,603.64 Page 580 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Church Street Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 112.59 $ 112.59 $ 1,351.08 Tree Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Shrub, Groundcover, Vine and Mulch Maint. 1,575 SF $ 0.0107 $ 16.85 $ 202.20 Turf Maintenance 230,868 SF $ 0.0052 $ 1,200.51 $ 14,406.12 Hardscape Maint. Inc. Sweeping 1 LS $ 24.90 $ 24.90 $ 298.80 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 97.43 $ 97.43 $ 1,169.16 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 64.96 $ 64.96 $ 779.52 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers 1 LS $ 81.20 $ 81.20 $ 974.40 Trash Bin Enclosures 1 LS $ 27.07 $ 27.07 $ 324.84 Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Church Street Park - Service Level C $ 2,632.32 $ 31,587.84 Golden Oak Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 86.61 $ 86.61 $ 1,039.32 Tree Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Shrub, Groundcover, Vine and Mulch Maint. 34,848 SF $ 0.0107 $ 372.87 $ 4,474.44 Turf Maintenance 145,054 SF $ 0.0052 $ 754.28 $ 9,051.36 Hardscape Maint. Inc. Sweeping 1 LS $ 16.24 $ 16.24 $ 194.88 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 48.72 $ 48.72 $ 584.64 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 86.61 $ 86.61 $ 1,039.32 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 16.24 $ 16.24 $ 194.88 Debris Management Litter Control 1 LS $ 32.48 $ 32.48 $ 389.76 Trash Containers Trash Bin Enclosures Graffiti Removal Total - Golden Oak Park - Service Level C 1 LS $ 70.37 $ 70.37 $ 844.44 1 LS $ 27.07 $ 27.07 $ 324.84 1 LS $ 48.72 $ 48.72 $ 584.64 $ 2,420.86 $ 29,050.32 Page 581 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Hermosa Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 86.61 $ 86.61 $ 1,039.32 Tree Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Shrub, Groundcover, Vine and Mulch Maint. 3,160 SF $ 0.0107 $ 33.81 $ 405.72 Turf Maintenance 319,730 SF $ 0.0052 $ 1,662.60 $ 19,951.20 Hardscape Maint. Inc. Sweeping 1 LS $ 32.48 $ 32.48 $ 389.76 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 146.15 $ 146.15 $ 1,753.80 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 129.91 $ 129.91 $ 1,558.92 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 129.91 $ 129.91 $ 1,558.92 Trash Containers 1 LS $ 97.43 $ 97.43 $ 1,169.16 Trash Bin Enclosures 1 LS $ 27.07 $ 27.07 $ 324.84 Graffiti Removal 1 LS $ 48.72 $ 48.72 $ 584.64 Total - Hermosa Park - Service Level C $ 3,314.88 $ 39,778.56 Old Town Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 86.61 $ 86.61 $ 1,039.32 Tree Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Shrub, Groundcover, Vine and Mulch Maint. 2,123 SF $ 0.0107 $ 22.72 $ 272.64 Turf Maintenance 138,085 SF $ 0.0052 $ 718.04 $ 8,616.48 Hardscape Maint. Inc. Sweeping 1 LS $ 32.48 $ 32.48 $ 389.76 Decomposed Granite Surfacing 1 LS $ 48.72 $ 48.72 $ 584.64 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 73.08 $ 73.08 $ 876.96 Features Maintenance Playground Maintenance 1 LS $ 27.07 $ 27.07 $ 324.84 Picnic Area Maintenance 1 LS $ 119.09 $ 119.09 $ 1,429.08 Hardcourt Maintenance 1 LS $ 54.13 $ 54.13 $ 649.56 Structures Maintenance Restroom Building Maintenance 1 LS $ 703.66 $ 703.66 $ 8,443.92 Drinking Fountain Maintenance 1 LS $ 32.48 $ 32.48 $ 389.76 Debris Management Litter Control 1 LS $ 64.96 $ 64.96 $ 779.52 Trash Containers Trash Bin Enclosures Graffiti Removal Total - Old Town Park - Service Level C 1 LS $ 70.37 $ 70.37 $ 844.44 1 LS $ 27.07 $ 27.07 $ 324.84 1 LS $ 48.72 $ 48.72 $ 584.64 $ 2,156.27 $ 25,875.24 Page 582 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 16-148 Project: Lanscape, Irrigation and Park Maintenance for LMD-1 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Extra Work Schedule Unit Unit Cost Furnish and Plant One Gallon Tree and Stake LS $ 9.21 Furnish and Plant Five Gallon Tree and Stake LS $ 20.57 Furnish and Plant Fifteen Gallon Tree and Stake LS $ 102.85 Furnish and Plant One Gallon Shrub LS $ 9.21 Furnish and Plant Five Gallon Shrub LS $ 20.57 Furnish and Plant One Flat Groundcover LS $ 27.07 Furnish, Place and Grade One Cubic Yard of Mulch LS $ 54.13 Sports Field Renovations Unit Unit Cost Soccer Field Renovation LS $ 3,464.16 Softball Field Renovation (No Infield Turf) LS $ 2,706.38 Baseball Field Renovation, 60' Field LS $ 3,788.93 Baseball Field Renovation, 90' Field LS $ 4,546.71 Hourly Labor Rate Including Overhead Unit Unit Cost General Laborer HR $ 30.32 Skilled Laborer HR $ 43.31 Irrigation Repair Technician HR $ 59.55 Licensed or Certified Chemical Applicator HR $ 64.96 Page 583 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 2012- 009 WITH BRIGHTVIEW LANDSCAPE SERVICES FOR MAINTENANCE OF PARKWAY, PASEO, AND MEDIAN LANDSCAPES WITHIN LANDSCAPE MAINTENANCE DISTRICTS 1, 2,4R, AND 5, WITH A VALUE OF $1,914,000 FOR FY 2018/2019. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 8 to contract CO 2012-009 with BrightView Landscape Services extending the term of the contract to June 30, 2019, with a value of $1,914,000 for FY 2018-2019. BACKGROUND: On March 21, 2012, City Council accepted the bids received and awarded contract CO 2012-009 for the "Maintenance of Landscape and Irrigation within Landscape Maintenance Districts 1, 2, 4R, and 5" to BrightView Landscape Services. This contract as amended has an option to renew in one year increments up to a total of seven years ending June 30, 2019. The contract provides tiered pricing for Service Levels A through C as defined in the contract specifications. Currently the landscape sites in LMDs 2, 4R, and 5 are maintained at Service Level A and LMD 1 sites are maintained at Service Level C. If approved, Amendment 8 to contract CO 2012-009 will extend the term of the contract to June 30, 2019 with a 3.1% rate increase with no changes to the scope of work, service levels, or other terms and conditions. Fiscal Year 2018/2019 would be the seventh and last year authorized for this contract. Public Works Services is currently revising the maintenance specifications for Landscape Maintenance Districts 1, 2, 4R and 5. Once completed, the specifications will be forwarded to the Procurement Department for a formal solicitation. The goal is to have the solicitation completed and a new contract awarded before the end of the fiscal year. ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.1% rate increase. The requested increase is 0.7% below the change in the Los Angeles - Long Beach - Anaheim Consumer Price Index (CPI -U). BrightView Landscape Services continues to provide acceptable service to the City. Page 584 Staff recommends Council approve the renewal of contract CO 2012-009 effective July 1, 2018 and approve the spending limit of $1,914,000 for FY 2018/2019. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 6 Page 585 AMENDMENT NO. 8 to Professional Services Agreement (CO #2012-009) between BrightView Landscape Services (hereinafter "Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 8 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 2012-009, to incorporate the following: The above-mentioned Agreement has been in effect for six (6) years and has an option to renew in one (1) year increments. Contractor and City would like to exercise the option to renew CO 2012- 009 for one (1) additional year. Item 1. The term of the agreement is hereby extended an additional year to June 30, 2019 in an amount that shall not exceed $1,914,000 for routine maintenance and extra work during the period July 1, 2018 through June 30, 2019. Routine maintenance shall be performed at Service Level C at LMD 1 sites, and at Service Level A at LMD 2, LMD 4R and LMD 5 sites. Said extension will be in accordance with the Contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the seventh year of the agreement. Item 2. Increase monthly lump sum costs for routine maintenance and hourly rates for extra work by 3.1%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO#2012-009, 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 three (3) original signed copies to the City no later than June 28, 2018. The City will process the copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. BrightView Landscape Services City of Rancho Cucamonga By: By: Name Date Name Date Title Title By: By: Name Date Name Date Title Title (two signatures required if corporation) Page 586 Exhibit A 8726 Calabash Ave. Fontana, CA 92335 T. 909 349 1802 www.brightview.com April 26, 2018 Paul Fisher, Management Analyst I City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 BrightView Ir Re: Letter of Intent to Renew Contracts: CO 2012-009, The Maintenance of Landscape and Irrigation within LMD's 1, 2, 4R and 5, CO 16-148 (LIVID 1 Parks) and CO 16-262 (PD -85 Parks) for Fiscal Year 2018/19 Mr. Fisher, On behalf of BrightView Landscape Services Inc. would like to extend its gratitude to the City of Rancho Cucamonga for its partnership over the past years. With this letter of intent, we accept the offer to renew our contracts for the three areas stated above for the 2018/2019 fiscal year as stated in the email from Paul Fisher. We request a 3.1% increase for all pricing on these contracts as we start the new fiscal year. This request for increase includes a 3.1 % for C.P.I. We hope that you will accept this offer or be willing to discuss other options. If you have any questions or comments please give me a call at (909) 349-1802 or you can email me at paul.bird(a-)briahtview.com . Sincerely, 4-D Paul Bird Branch Manager BrightView Landscape Services Inc. Page 587 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 2012-009 Project: Landscape and Irrigation Maintenance for LMDs 1, 2,4 and 5 Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Item Description Quantity (Sq. Ft.) Monthly Unit Cost Monthly Cost Annual Cost Service Level A LMD 1 Parkways - Service Level A Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 1,196,520 $ 0.01221 $ 14,609.51 $ 99.30 $ 175,314.12 $ 1,191.60 Continuous Parkway Maintenance as Per Contract Specifications for Turf 6,390 $ 0.01554 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 482,082 $ 0.00277 $ 1,335.37 $ 16,024.44 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape 41,672 $ 0.00666 $ 277.54 $ 3,330.48 LMD 1 Total 1,726,664 $ 16,321.72 $ 195,860.64 LMD 2 Parkways - Service Level A Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 3,215,096 $ 0.01221 $ 39,256.32 $ 471,075.84 Continuous Parkway Maintenance as Per Contract Specifications for Turf 1,375,341 $ 0.01554 $ 21,372.80 $ 256,473.60 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 1,294,268 $ 0.00277 $ 3,585.12 $ 43,021.44 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 2 Total 0 $ - $ - $ - 5,884,705 $ 64,214.24 $ 770,570.88 LMD 4 Parkways - Service Level A Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 548,595 $ 0.01221 $ 6,698.34 $ 80,380.08 Continuous Parkway Maintenance as Per Contract Specifications for Turf 244,669 $ 0.01554 $ 3,802.16 $ 45,625.92 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 437,067 $ 0.00277 $ 1,210.68 $ 14,528.16 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 4 Total 0 $ - $ - $ - 1,230,331 $ 11,711.18 $ 140,534.16 Page 588 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 2012-009 Project: Landscape and Irrigation Maintenance for LMDs 1, 2,4 and 5 Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. LMD 5 Parkways - Service Level A Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 1,506 $ 0.01221 $ 18.39 $ 220.68 Continuous Parkway Maintenance as Per Contract Specifications for Turf 1,070 $ 0.01554 $ 16.63 $ 199.56 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 640 $ 0.00277 $ 1.77 $ 21.24 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 5 Totals $ - $ - $ - 3,216 $ 36.79 $ 441.48 Service Level B LMD 1 Parkways - Service Level B Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 1,196,520 $ 0.01109 $ 13,269.41 $ 159,232.92 Continuous Parkway Maintenance as Per Contract Specifications for Turf 6,390 $ 0.01498 $ 95.72 $ 1,148.64 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 482,082 $ 0.00200 $ 964.16 $ 11,569.92 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 1 Total 41,672 $ 0.00666 $ 277.54 $ 3,330.48 1,726,664 $ 14,606.83 $ 175,281.96 LMD 2 Parkways - Service Level B Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 3,215,096 $ 0.01109 $ 35,655.41 $ 427,864.92 Continuous Parkway Maintenance as Per Contract Specifications for Turf 1,375,341 $ 0.01498 $ 20,602.61 $ 247,231.32 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 1,294,268 $ 0.00200 $ 2,588.54 $ 31,062.48 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape 0 $ - $ - $ - LMD 2 Total 5,884,705 $ 58,846.56 $ 706,158.72 Page 589 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 2012-009 Project: Landscape and Irrigation Maintenance for LMDs 1, 2,4 and 5 Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. LMD 4 Parkways - Service Level B Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 548,595 $ 0.01109 $ 6,083.92 $ 73,007.04 Continuous Parkway Maintenance as Per Contract Specifications for Turf 244,669 $ 0.01498 $ 3,665.14 $ 43,981.68 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 437,067 $ 0.00200 $ 874.13 $ 10,489.56 $ - Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 4 Total 0 $ - $ - 1,230,331 $ 10,623.19 $ 127,478.28 LMD 5 Parkways - Service Level B Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 1,506 $ 0.01109 $ 16.70 $ 200.40 Continuous Parkway Maintenance as Per Contract Specifications for Turf 1,070 $ 0.01498 $ 16.03 $ 192.36 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 640 $ 0.00200 $ 1.28 $ 15.36 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 5 Totals 0 $ - $ - $ - 3,216 $ 34.01 $ 408.12 Service Level C LMD 1 Parkways - Service Level C Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 1,196,520 $ 0.00999 $ 11,953.23 $ 143,438.76 Continuous Parkway Maintenance as Per Contract Specifications for Turf 6,390 $ 0.01109 $ 70.87 $ 850.44 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 482,082 $ 0.00200 $ 964.16 $ 11,569.92 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape 41,672 $ 0.00444 $ 185.02 $ 2,220.24 LMD 1 Total 1,726,664 $ 13,173.28 $ 158,079.36 Page 590 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 2012-009 Project: Landscape and Irrigation Maintenance for LMDs 1, 2,4 and 5 Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. LMD 2 Parkways - Service Level C Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 3,215,096 $ 0.00999 $ 32,118.81 $ 385,425.72 Continuous Parkway Maintenance as Per Contract Specifications for Turf 1,375,341 $ 0.01109 $ 15,252.53 $ 183,030.36 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 1,294,268 $ 0.00200 $ 2,588.54 $ - $ 31,062.48 $ - Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 2 Total 0 $ - 5,884,705 $ 49,959.88 $ 599,518.56 LMD 4 Parkways - Service Level C Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 548,595 $ 0.00999 $ 5,480.46 $ 65,765.52 Continuous Parkway Maintenance as Per Contract Specifications for Turf 244,669 $ 0.01109 $ 2,713.38 $ 32,560.56 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 437,067 $ 0.00200 $ 874.13 $ 10,489.56 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape LMD 4 Total 0 $ - $ - $ - 1,230,331 $ 9,067.97 $ 108,815.64 LMD 5 Parkways - Service Level C Continuous Parkway Maintenance as Per Contract Specifications for Groundcover 1,506 $ 0.00999 $ 15.04 $ 180.48 Continuous Parkway Maintenance as Per Contract Specifications for Turf 1,070 $ 0.01109 $ 11.87 $ 142.44 Continuous Parkway Maintenance as Per Contract Specifications for Hardscape 640 $ 0.00200 $ 1.28 $ 15.36 Continuous Parkway Maintenance as Per Contract Specifications for Mulchscape 0 $ - $ - $ - LMD 5 Totals 3,216 $ 28.19 $ 338.28 Page 591 Exhibit B Vendor: BrightView Landscape Services Contract No: CO 2012-009 Project: Landscape and Irrigation Maintenance for LMDs 1, 2,4 and 5 Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Supplemental Schedule Extra Work Amount Plant One Gallon Tree and Stake $ 7.77 Plant Five Gallon Tree and Stake $ 18.86 Plant Fifteen Gallon Tree and Stake $ 94.32 Plant One Gallon Shrub $ 7.77 Plant Five Gallon Shrub $ 18.86 Plant One Flat of Ground Cover $ 27.74 Place and Grade One Cubic Yard of Mulch $ 55.48 Hourly Labor Rate General Laborer $ 27.74 Skilled Laborer Irrigation Repair Technician Licensed or Certified Chemical Applicator $ 38.84 $ 49.93 $ 55.48 Page 592 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 16- 262 WITH BRIGHTVIEW LANDSCAPE SERVICES FOR LANDSCAPE, IRRIGATION, AND PARKS MAINTENANCE FOR PD -85 PARKS, WITH A VALUE OF $259,000 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $1,361,180 OVER THE FIVE YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 1 to contract CO 16-262 with BrightView Landscape Services extending the term of the contract to June 30, 2019, with a value of $259,000 for FY 2018-2019, and an estimated total contract value of $1,361,180 over the five years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On November 16, 2016, City Council accepted the bids received and awarded contract CO 16-262 for "Landscape, Irrigation, and Parks Maintenance for PD -85 Parks" to BrightView Landscape Services. This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2023. Currently all parks in PD -85 are maintained at Service Level C as defined by the contract specifications. If approved, Amendment 1 to contract CO 16-262 will extend the term of the contract to June 30, 2019 with a 3.1 % rate increase and no changes to the scope of work, service levels, or other terms and conditions. ANALYSIS: BrightView Landscape Services has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.1% rate increase. The requested increase is 0.7% below the change in the Los Angeles - Long Beach - Anaheim Consumer Price Index (CPI -U). In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Maintenance Est. Annual Increase (4%) Total Routine Maintenance Extra Work Grand Total/ Fiscal Year Page 593 2018/2019 $ 201,570 $ - $ 201,570 $ 57,430 $ 259,000 2019/2020 $ 201,570 $ 8,070 $ 209,640 $ 57,430 $ 267,070 2020/2021 $ 209,640 $ 8,390 $ 218,030 $ 57,430 $ 275,460 2021/2022 $ 209,640 $ 8,390 $ 218,030 $ 57,430 $ 275,460 2022/2023 $ 218,030 $ 8,730 $ 226,760 $ 57,430 $ 284,190 Grand Total $ 1,361,180 Brightview Landscape Services continues to provide acceptable service to the City. Staff recommends Council approve the renewal of contract CO 16-262 effective July 1, 2018 and approve the spending limit of $259,000 for FY 2018/2019 and the estimated total contract value of $1,361,180 over the five years remaining on the contract. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 1 Page 594 AMENDMENT NO. 1 to Professional Services Agreement (CO #16-262) between BrightView Landscape Services (hereinafter "Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 1 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 16-262, to incorporate the following: The above-mentioned Agreement has been in effect for one (1) year and has an option to renew in one (1) year increments. Contractor and City would like to exercise the option to renew CO 16- 262 for one (1) additional year. Item 1. The term of the agreement is hereby extended an additional year to June 30, 2019 in an amount that shall not exceed $259,000 for routine maintenance and extra work during the period July 1, 2018 through June 30, 2019 ($201,570 for routine maintenance and $57,340 for extra work). Routine maintenance shall be performed at service level C per contract specifications. Said extension will be in accordance with the Contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the third year of the agreement. Item 2. Increase monthly lump sum costs for routine maintenance and hourly rates for extra work by 3.1%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO#16-262, 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 three (3) original signed copies to the City no later than June 28, 2018. The City will process the copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. BrightView Landscape Services City of Rancho Cucamonga By: By: Name Date Name Date Title Title By: By: Name Date Name Date Title Title (two signatures required if corporation) Page 595 Exhibit A 8726 Calabash Ave. Fontana, CA 92335 T. 909 349 1802 www.brightview.com April 26, 2018 Paul Fisher, Management Analyst I City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 BrightView Ir Re: Letter of Intent to Renew Contracts: CO 2012-009, The Maintenance of Landscape and Irrigation within LMD's 1, 2, 4R and 5, CO 16-148 (LIVID 1 Parks) and CO 16-262 (PD -85 Parks) for Fiscal Year 2018/19 Mr. Fisher, On behalf of BrightView Landscape Services Inc. would like to extend its gratitude to the City of Rancho Cucamonga for its partnership over the past years. With this letter of intent, we accept the offer to renew our contracts for the three areas stated above for the 2018/2019 fiscal year as stated in the email from Paul Fisher. We request a 3.1% increase for all pricing on these contracts as we start the new fiscal year. This request for increase includes a 3.1 % for C.P.I. We hope that you will accept this offer or be willing to discuss other options. If you have any questions or comments please give me a call at (909) 349-1802 or you can email me at paul.bird(a-)briahtview.com . Sincerely, 4-D Paul Bird Branch Manager BrightView Landscape Services Inc. Page 596 Vendor: BrightView Landscape Services Contract No: CO 16-262 Project: Lanscape, Irrigation and Park Maintenance for PD -85 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Red Hill Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 303.12 $ 303.12 $ 3,637.44 Tree Maintenance 1 LS $ 77.33 $ 77.33 $ 927.96 Shrub, Groundcover, Vine and Mulch Maint. 348,480 SF $ 0.0047 $ 1,637.86 $ 19,654.32 Turf Maintenance 1,197,900 SF $ 0.0062 $ 7,426.98 $ 89,123.76 Hardscape Maint. Inc. Sweeping 1 LS $ 92.79 $ 92.79 $ 1,113.48 Decomposed Granite Surfacing 1 LS $ 46.40 $ 46.40 $ 556.80 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 742.32 $ 742.32 $ 8,907.84 Features Maintenance Playground Maintenance 1 LS $ 51.55 $ 51.55 $ 618.60 Picnic Area Maintenance 1 LS $ 268.06 $ 268.06 $ 3,216.72 Lake Maintenance 1 LS $ 221.67 $ 221.67 $ 2,660.04 Structures Maintenance Restroom Building Maintenance 1 LS $ 2,144.48 $ 2,144.48 $ 25,733.76 Drinking Fountain Maintenance 1 LS $ 77.33 $ 77.33 $ 927.96 Debris Management Litter Control 1 LS $ 247.44 $ 247.44 $ 2,969.28 Trash Containers 1 LS $ 283.53 $ 283.53 $ 3,402.36 Trash Bin Enclosures 1 LS $ 77.33 $ 77.33 $ 927.96 Graffiti Removal 1 LS $ 92.79 $ 92.79 $ 1,113.48 Total - Red Hill Park - Service Level B $ 13,790.98 $ 165,491.76 Heritage Park - Service Level B Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 257.75 $ 257.75 $ 3,093.00 Tree Maintenance 1 LS $ 36.09 $ 36.09 $ 433.08 Shrub, Groundcover, Vine and Mulch Maint. 925,650 SF $ 0.0047 $ 4,350.56 $ 52,206.72 Turf Maintenance 609,840 SF $ 0.0062 $ 3,781.01 $ 45,372.12 Hardscape Maint. Inc. Sweeping 1 LS $ 61.86 $ 61.86 $ 742.32 Decomposed Granite Surfacing 1 LS $ 46.40 $ 46.40 $ 556.80 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 371.16 $ 371.16 $ 4,453.92 Features Maintenance Playground Maintenance 1 LS $ 51.55 $ 51.55 $ 618.60 Picnic Area Maintenance 1 LS $ 134.03 $ 134.03 $ 1,608.36 Structures Maintenance Restroom Building Maintenance 1 LS $ 536.12 $ 536.12 $ 6,433.44 Drinking Fountain Maintenance 1 LS $ 77.33 $ 77.33 $ 927.96 Debris Management Litter Control 1 LS $ 123.72 $ 123.72 $ 1,484.64 Trash Containers 1 LS $ 154.65 $ 154.65 $ 1,855.80 Trash Bin Enclosures Graffiti Removal Total - Heritage Park - Service Level B 1 LS $ 25.78 $ 25.78 $ 309.36 1 LS $ 92.79 $ 92.79 $ 1,113.48 $ 10,100.80 $ 121,209.60 Page 597 Vendor: BrightView Landscape Services Contract No: CO 16-262 Project: Lanscape, Irrigation and Park Maintenance for PD -85 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Red Hill Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 77.33 $ 77.33 $ 927.96 Tree Maintenance 1 LS $ 77.33 $ 77.33 $ 927.96 Shrub, Groundcover, Vine and Mulch Maint. 348,480 SF $ 0.0047 $ 1,637.86 $ 19,654.32 Turf Maintenance 1,197,900 SF $ 0.0025 $ 2,994.75 $ 35,937.00 Hardscape Maint. Inc. Sweeping 1 LS $ 92.79 $ 92.79 $ 1,113.48 Decomposed Granite Surfacing 1 LS $ 46.40 $ 46.40 $ 556.80 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 742.32 $ 742.32 $ 8,907.84 Features Maintenance Playground Maintenance 1 LS $ 51.55 $ 51.55 $ 618.60 Picnic Area Maintenance 1 LS $ 268.06 $ 268.06 $ 3,216.72 Lake Maintenance 1 LS $ 221.67 $ 221.67 $ 2,660.04 Structures Maintenance Restroom Building Maintenance 1 LS $ 2,144.48 $ 2,144.48 $ 25,733.76 Drinking Fountain Maintenance 1 LS $ 77.33 $ 77.33 $ 927.96 Debris Management Litter Control 1 LS $ 247.44 $ 247.44 $ 2,969.28 Trash Containers 1 LS $ 283.53 $ 283.53 $ 3,402.36 Trash Bin Enclosures 1 LS $ 77.33 $ 77.33 $ 927.96 Graffiti Removal 1 LS $ 92.79 $ 92.79 $ 1,113.48 Total - Red Hill Park - Service Level C $ 9,132.96 $ 109,595.52 Heritage Park - Service Level C Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Landscape Maintenance Pest Control 1 LS $ 77.33 $ 77.33 $ 927.96 Tree Maintenance 1 LS $ 36.09 $ 36.09 $ 433.08 Shrub, Groundcover, Vine and Mulch Maint. 925,650 SF $ 0.0047 $ 4,350.56 $ 52,206.72 Turf Maintenance 609,840 SF $ 0.0025 $ 1,524.60 $ 18,295.20 Hardscape Maint. Inc. Sweeping 1 LS $ 61.86 $ 61.86 $ 742.32 Decomposed Granite Surfacing 1 LS $ 46.40 $ 46.40 $ 556.80 Irrigation System Maintenance Per Section 900-2.1.2 1 LS $ 371.16 $ 371.16 $ 4,453.92 Features Maintenance Playground Maintenance 1 LS $ 51.55 $ 51.55 $ 618.60 Picnic Area Maintenance 1 LS $ 134.03 $ 134.03 $ 1,608.36 Structures Maintenance Restroom Building Maintenance 1 LS $ 536.12 $ 536.12 $ 6,433.44 Drinking Fountain Maintenance 1 LS $ 77.33 $ 77.33 $ 927.96 Debris Management Litter Control 1 LS $ 123.72 $ 123.72 $ 1,484.64 Trash Containers 1 LS $ 154.65 $ 154.65 $ 1,855.80 Trash Bin Enclosures Graffiti Removal Total - Heritage Park - Service Level C 1 LS $ 25.78 $ 25.78 $ 309.36 1 LS $ 92.79 $ 92.79 $ 1,113.48 $ 7,663.97 $ 91,967.64 Page 598 Vendor: BrightView Landscape Services Contract No: CO 16-262 Project: Lanscape, Irrigation and Park Maintenance for PD -85 Parks Subject: Pricing for Fiscal Year 2018-2019 with a 3.1% fee increase. Extra Work Schedule Unit Unit Cost Furnish and Plant One Gallon Tree and Stake LS $ 8.77 Furnish and Plant Five Gallon Tree and Stake LS $ 19.59 Furnish and Plant Fifteen Gallon Tree and Stake LS $ 97.95 Furnish and Plant One Gallon Shrub LS $ 8.77 Furnish and Plant Five Gallon Shrub LS $ 19.59 Furnish and Plant One Flat Groundcover LS $ 25.78 Furnish, Place and Grade One Cubic Yard of Mulch LS $ 51.55 Sports Field Renovations Unit Unit Cost Soccer Field Renovation LS $ 3,299.20 Softball Field Renovation (No Infield Turf) LS $ 2,577.50 Baseball Field Renovation, 60' Field LS $ 3,608.50 Baseball Field Renovation, 90' Field LS $ 4,330.20 Hourly Labor Rate Including Overhead Unit Unit Cost General Laborer HR $ 28.87 Skilled Laborer HR $ 41.24 Irrigation Repair Technician HR $ 56.71 Licensed or Certified Chemical Applicator HR $ 61.86 Page 599 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 17- 140 WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE AND IRRIGATION MAINTENANCE ON HAVEN AVENUE AND FOOTHILL BOULEVARD MEDIANS, WITH A VALUE OF $243,380 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $1,569,680 OVER THE SIX YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 1 to contract CO 17-140 with Mariposa Landscapes, Inc. extending the term of the contract to June 30, 2019, with a value of $243,380 for FY 2018-2019, and an estimated contract value of $1,569,680 over the six years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-140 for "Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians" to Mariposa Landscapes, Inc. This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2024. The contract provides tiered pricing for Service Levels A through C as defined in the contract specifications. Currently all sites on the Haven and Foothill medians are maintained at Service Level B. If approved, Amendment 1 to contract CO 17-140 will extend the term of the contract to June 30, 2019 with a 3.8% rate increase and no changes to the scope of work, service levels, or other terms and conditions. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.8% rate increase. The requested increase is consistent with the change in the Los Angeles - Long Beach - Anaheim Consumer Price I ndex (CPI -U). In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Est. Annual Total Routine Extra Work Grand Total/ Maintenance Increase Maintenance Fiscal Year Page 600 Mariposa Landscapes, Inc. continues to provide great service to the City. Staff recommends Council approve the renewal of contract CO 17-140 effective July 1, 2018 and approve the spending limit of $243,380 for FY 2018/2019 and the estimated total contract value of $1,569,680 over the six years remaining on the contract. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 1 Page 601 (4%) 2018/2019 $ 172,750 $ - $ 172,750 $ 70,630 $ 243,380 2019/2020 $ 172,750 $ 6,910 $ 179,660 $ 70,630 $ 250,290 2020/2021 $ 179,660 $ 7,190 $ 186,850 $ 70,630 $ 257,480 2021/2022 $ 186,850 $ 7,480 $ 194,330 $ 70,630 $ 264,960 2022/2023 $ 194,330 $ 7,780 $ 202,110 $ 70,630 $ 272,740 2023/2024 $ 202,110 $ 8,090 $ 210,200 $ 70,630 $ 280,830 Grand Total $ 1,569,680 Mariposa Landscapes, Inc. continues to provide great service to the City. Staff recommends Council approve the renewal of contract CO 17-140 effective July 1, 2018 and approve the spending limit of $243,380 for FY 2018/2019 and the estimated total contract value of $1,569,680 over the six years remaining on the contract. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 1 Page 601 Ulk IgoI 7► Ia01"M[elm to Professional Services Agreement (CO #17-140) between Mariposa Landscapes, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") This Amendment No. 1 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17-140 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $243,380 for routine maintenance and extra work during the period July 1, 2018 through June 30, 2019 ($172,750 for routine maintenance and $70,630 for extra work). Routine maintenance shall be performed at service level B per contract specifications. Said extension will be in accordance with contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the second year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work by 3.8%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO# 17-140, 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 30, 2018. The City will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Mariposa Landscapes, Inc. By: Name Title By: Name Date Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title By: Name Title Date Date Page 602 M A R A N D S April 26, 2018 City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 Attn: Paul Fisher Exhibit A 1 P 0 C A P E S S A N C Subject: 2018-2019 Landscape Maintenance Contract Extensions for CO 17-140, CO 17-142 and CO 17-143 Dear Mr. Fisher: This letter shall serve as a request to extend our current landscape maintenance contract agreements for an additional year ending June 30, 2019. The extension will be subject to a CPI based increase to help us cover increased labor, insurance, and other operating costs. Section 2 of the contracts state that Parties to this Agreement shall have the option to renew in one (1) year increments to a total of seven (7) 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. Mariposa Landscapes would like to hereby request a 3.8% CPI based increase, to be equally applied to the current contracts prices and extra work rates. This increase is based on the most recent publication for the month of March, 2018 for the Los Angeles, Riverside and Orange Counties. The increase will become effective July 1, 2018. I would like to take this opportunity to thank you for allowing Mariposa Landscape, Inc. to provide quality maintenance services to the City of Rancho Cucamonga. Sincerely, Antonio Karraa — Area Manager Mariposa Landscapes, Inc. Antonio.karraa@mariposa-ca. com (626) 931 -6712 -cell <�19 TEL 800 • 794 • 9458 EAX 626 • 960 • 8477 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 603 Exhibit 6 Vendor: Mariposa Landscapes Contract No: CO 17-140 Project: Landscape, Irrigation for Haven and Foothill Medians Subject: Pricing for Fiscal Year 2018-2019 Quantity Unit Monthly Unit Cost Monthly Cost Annual Cost Haven and Foothill Medians Continuous Landscape Maintenance per Contract Specifications at Service Level A 385,928 SF $ 0.0417 $ 16,093.20 $ 193,118.40 Continuous Landscape Maintenance per Contract Specifications at Service Level B 385,928 SF $ 0.0373 $ 14,395.11 $ 172,741.32 Continuous Landscape Maintenance per Contract Specifications at Service Level C 385,928 SF $ 0.0358 $ 13,816.22 $ 165,794.64 Planting, Mulch and DG Unit Costs Unit Unit Cost Plant 5 Gallon Tree and Stake LS $ 39.45 Plant 15 Gallon Tree and Stake LS $ 124.56 Plant 1 Gallon Shrub LS $ 9.35 Plant 5 Gallon Shrub LS $ 20.76 Plant 1 Flat Ground Cover LS $ 29.07 Prep, Place and Grade Mulch LS $ 41.52 Prep, Place and Grade DG LS $ 84.08 Hourly Labor Rate Including Overhead Unit Unit Cost General Laborer HR $ 36.33 Irrigation Maintenance and Repair HR $ 49.83 Licensed or Certified Chemical Applicator HR $ 57.09 Tree Removal with Stump Grind Unit Unit Cost 0" to 3" LS $ 77.85 >3" to 12" LS $ 207.60 >12" to 24" LS $ 622.80 >24" to 36" LS $ 1,141.80 >36" LS $ 1,764.60 Tree Removal without Stump Grind Unit Unit Cost 0" to 3" LS $ 51.90 >3" to 12" LS $ 155.70 >12" to 24" LS $ 519.00 >24" to 36" LS $ 882.30 >36" LS $ 1,401.30 Stump Grind Only Unit Unit Cost 0" to 3" LS $ 20.76 >3" to 12" LS $ 51.90 >12" to 24" LS $ 129.75 >24" to 36" LS $ 275.07 >36" LS $ 441.15 Page 604 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO RENEW OF CONTRACT NO. 17-142 WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE AND IRRIGATION MAINTENANCE ON GENERAL FUND, LMD 3A, AND LMD 313 PARKWAYS AND MEDIANS, WITH A VALUE OF $935,710 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $5,852,420 OVER THE SIX YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 1 to contract CO 17-142 with Mariposa Landscapes, Inc. extending the term of the contract to June 30, 2019, with a value of $935,710 for FY 2018-2019, and an estimated total contract value of $5,852,420 over the six years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-142 for "Landscape and Irrigation Maintenance on the General Fund, LMD 3A, and LMD 3B Parkways and Medians" to Mariposa Landscapes, Inc. This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2024. The contract provides tiered pricing for Service Levels A through C as defined in the contract specifications. Currently landscape sites in LMD 3A and LMD 3B are maintained at Service Level A and General Fund sites at Service Level B. If approved, Amendment 1 to contract CO 17-142 will extend the term of the contract to June 30, 2019 with a 3.8% rate increase and no changes to the scope of work, service levels, or other terms and conditions. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.8% rate increase. The requested increase is consistent with the change in the Los Angeles - Long Beach - Anaheim Consumer Price I ndex (CPI -U). In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Page 605 Fiscal Year Routine Maintenance Est. Annual Increase (4%) Total Routine Maintenance Extra Work Grand Total/ Fiscal Year 2018/2019 $ 376,110 $ - $ 376,110 $ 559,600 $ 935,710 2019/2020 $ 376,110 $ 15,050 $ 391,160 $ 559,600 $ 950,760 2020/2021 $ 391,160 $ 15,650 $ 406,810 $ 559,600 $ 966,410 2021/2022 $ 406,810 $ 16,280 $ 423,090 $ 559,600 $ 982,690 2022/2023 $ 423,090 $ 16,930 $ 440,020 $ 559,600 $ 999,620 2023/2024 $ 440,020 $ 17,610 $ 457,630 $ 559,600 $ 1,017,230 Grand Total $ 5,852,420 Mariposa Landscapes, Inc. continues to provide great service to the City. Staff recommends Council approve the renewal of contract CO 17-142 effective July 1, 2018 and approve the spending limit of $935,710 for FY 2018/2019 and the estimated total contract value of $5,852,420 over the six years remaining on the contract. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A /_1il_Ta:IJi1=1►1116'5 Description Amendment 1 Page 606 Ulk IgoI 7► IaOHM [elm to Professional Services Agreement (CO #17-142) between Mariposa Landscapes, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") This Amendment No. 1 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17-142 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $935,710 for routine maintenance and extra work during the period July 1, 2018 through June 30, 2019 ($376,110 for routine maintenance and $559,600 for extra work). Routine maintenance shall be performed at Service Level A at LMD 3A and LMD 313 sites, and at Service Level B at General Fund Sites. Said extension will be in accordance with contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the second year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work by 3.8%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO# 17-142, 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 30, 2018. The City will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Mariposa Landscapes, Inc. By: Name Title By: Name Date Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title By: Name Title Date Date Page 607 M A R A N D S April 26, 2018 City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 Attn: Paul Fisher Exhibit A 1 P 0 S A C A P E S I N C Subject: 2018-2019 Landscape Maintenance Contract Extensions for CO 17-140, CO 17-142 and CO 17-143 Dear Mr. Fisher: This letter shall serve as a request to extend our current landscape maintenance contract agreements for an additional year ending June 30, 2019. The extension will be subject to a CPI based increase to help us cover increased labor, insurance, and other operating costs. Section 2 of the contracts state that Parties to this Agreement shall have the option to renew in one (1) year increments to a total of seven (7) 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. Mariposa Landscapes would like to hereby request a 3.8% CPI based increase, to be equally applied to the current contracts prices and extra work rates. This increase is based on the most recent publication for the month of March, 2018 for the Los Angeles, Riverside and Orange Counties. The increase will become effective July 1, 2018. I would like to take this opportunity to thank you for allowing Mariposa Landscape, Inc. to provide quality maintenance services to the City of Rancho Cucamonga. Sincerely, Antonio Karraa — Area Manager Mariposa Landscapes, Inc. Antonio.karraa@mariposa-ca. com (626) 931 -6712 -cell <�19 TEL 800 • 794 • 9458 EAX 626 • 960 • 8477 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 608 Exhibit 6 Vendor: Mariposa Landscapes Contract No: CO 17-142 Project: Landscape, Irrigation for General Fund, LMD 3A and LMD 3B Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Quantity Unit MonthlyUnit Cost Monthly Cost Annual Cost General Fund Parkways and Medians Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level A 907,769 SF $ 0.0251 $ 22,785.00 $ 273,420.00 Continuous Landscape Maintenance per Contract Specifications for Turf at Service Level A 9,614 SF $ 0.0258 $ 248.04 $ 2,976.48 Total Cost at Service Level A Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level B $ 23,033.04 $ 276,396.48 907,769 SF $ 0.0251 $ 22,785.00 $ 273,420.00 Continuous Landscape Maintenance per Contract Specifications for Turf at Service Level B 9,614 SF $ 0.0254 $ 244.20 $ 2,930.40 Total Cost at Service Level B Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level C $ 23,029.20 $ 20,969.46 $ 276,350.40 $ 251,633.52 907,769 SF $ 0.0231 Continuous Landscape Maintenance per Contract Specifications for Turf at Service Level C 9,614 SF $ 0.0231 $ 222.08 $ 2,664.96 Total Cost at Service Level C $ 21,191.54 $ 254,298.48 Quantity Unit MonthlyUnit Cost Monthly Cost Annual Cost LMD 3A Parkways and Medians Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level A 6,050 SF $ 0.0343 $ 207.52 $ 2,490.24 Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level B 6,050 SF $ 0.0258 $ 156.09 $ 1,873.08 Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level C 6,050 SF $ 0.0231 $ 139.76 $ 1,677.12 Exhibit B, Page 1 of 3 Page 609 Exhibit 6 Vendor: Mariposa Landscapes Contract No: CO 17-142 Project: Landscape, Irrigation for General Fund, LIVID 3A and LMD 3B Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Quantity Unit MonthlyUnit Cost Monthly Cost Annual Cost LIVID 3B Parkways and Medians Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level A 301,442 SF $ 0.0258 $ 7,777.20 $ 93,326.40 Continuous Landscape Maintenance per Contract Specifications for Turf at Service Level A 12,713 SF $ 0.0258 $ 328.00 $ 3,936.00 Total Cost at Service Level A Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level B $ 8,105.20 $ 97,262.40 301,442 SF $ 0.0254 $ 7,656.63 $ 91,879.56 Continuous Landscape Maintenance per Contract Specifications for Turf at Service Level B 12,713 SF $ 0.0254 $ 322.91 $ 3,874.92 Total Cost at Service Level B Continuous Landscape Maintenance per Contract Specifications for Ground Cover at Service Level C $ 7,979.54 $ 95,754.48 $ 83,559.72 301,442 SF $ 0.0231 $ 6,963.31 Continuous Landscape Maintenance per Contract Specifications for Turf at Service Level C 12,713 SF $ 0.0231 $ 293.67 $ 3,524.04 Total Cost at Service Level C $ 7,256.98 $ 87,083.76 Planting, Mulch and DG Unit Costs Unit Unit Cost Plant 5 Gallon Tree and Stake LS $ 39.45 Plant 15 Gallon Tree and Stake LS $ 124.56 Plant 1 Gallon Shrub LS $ 9.35 Plant 5 Gallon Shrub LS $ 20.76 Plant 1 Flat Ground Cover LS $ 29.07 Prep, Place and Grade Mulch LS $ 41.52 Prep, Place and Grade DG LS $ 84.08 Hourly Labor Rate Including Overhead Unit Unit Cost General Laborer HR $ 36.33 Irrigation Maintenance and Repair HR $ 49.83 Licensed or Certified Chemical Applicator HR $ 57.09 Tree Removal with Stump Grind Unit Unit Cost 0" to 3" LS $ 77.85 >3" to 12" LS $ 207.60 >12" to 24" LS $ 622.80 >24" to 36" LS $ 1,141.80 >36" LS $ 1,764.60 Exhibit B, Page 2 of 3 Page 610 Exhibit 6 Vendor: Mariposa Landscapes Contract No: CO 17-142 Project: Landscape, Irrigation for General Fund, LIVID 3A and LMD 3B Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Tree Removal without Stump Grind Unit Unit Cost 0" to 3" LS $ 51.90 >3" to 12" LS $ 155.70 >12" to 24" LS $ 519.00 >24" to 36" LS $ 882.30 >36" LS $ 1,401.30 Stump Grind Only Unit Unit Cost 0" to 3" LS $ 20.76 >3" to 12" LS $ 51.90 >12" to 24" LS $ 129.75 >24" to 36" LS $ 275.07 >36" LS $ 441.15 Exhibit B, Page 3 of 3 Page 611 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 17- 143 WITH MARIPOSA LANDSCAPES, INC. FOR PARK MOWING AND FACILITY LANDSCAPE MAINTENANCE WITH A VALUE OF $821,480 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $5,121,310 OVER THE SIX YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 2 to contract CO 17-143 with Mariposa Landscapes, Inc. extending the term of the contract to June 30, 2019, with a value of $821,480 for FY 2018-2019, and an estimated total contract value of $5,121,310 over the six years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-143 for Landscape and Irrigation Maintenance on the "Park Mowing and Facility Landscape Maintenance" to Mariposa Landscapes, Inc. This contract has an option to renew in one year increments up to a total of seven years. The contract provides tiered pricing for Service Levels A through C as defined in the contract specifications. Currently all parks and landscapes are maintained at Service Level A. If approved, Amendment 2 to contract CO 17-143 will extend the term of the contract to June 30, 2019 with a 3.8% rate increase and no changes to the scope of work, service levels, or other terms and conditions. ANALYSIS: Mariposa Landscapes, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with a 3.8% rate increase. The requested increase is consistent with the change in the Los Angeles - Long Beach - Anaheim Consumer Price I ndex (CPI -U). In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Est. Annual Total Routine Extra Work Grand Total/ Maintenance Increase Maintenance Fiscal Year (4%) Page 612 2018/2019 $ 303,860 $ - $ 303,860 $ 517,620 $ 821,480 2019/2020 $ 303,860 $ 12,160 $ 316,020 $ 517,620 $ 833,640 2020/2021 $ 316,020 $ 12,650 $ 328,670 $ 517,620 $ 846,290 2021/2022 $ 328,670 $ 13,150 $ 341,820 $ 517,620 $ 859,440 2022/2023 $ 341,820 $ 13,680 $ 355,500 $ 517,620 $ 873,120 2023/2024 $ 355,500 $ 14,220 $ 369,720 $ 517,620 $ 887,340 Grand Total $ 5,121,310 Mariposa Landscapes, Inc. continues to provide great service to the City. Staff recommends Council approve the renewal of contract CO 17-143 effective July 1, 2018 and approve the spending limit of $821,480 for FY 2018/2019 and the estimated total contract value of $5,121,310 over the six years remaining on the contract. An additional $281,700 over six years for landscape maintenance at the Jersey Station (174)/Training Center/Fire Shop and Fire Station 175 will be considered separately by the Fire District Board of Directors. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 2 Page 613 AMENDMENT NO. 2 to Professional Services Agreement (CO #17-143) between Mariposa Landscapes, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") and Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17- 143 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $803,660 ($303,860 for routine maintenance and $499,800 for extra work) for City facilities and $43,950 ($28,280 for routine maintenance and $15,670 for extra work) for RCFPD facilities during the period July 1, 2018 through June 30, 2019. Routine maintenance shall be performed at service level A per contract specifications. Said extension will be in accordance with contractor's letter of intent dated April 26, 2018, attached hereto as Exhibit A. This will be the second year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work 3.8%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. Item 3: Add bi-weekly routine landscape maintenance at the Jersey Station (174)/Training Center/Fire Shop per Contractor's proposal attached hereto as Exhibit C. All other Terms and Conditions of the original Agreement CO# 17-143, 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 and District no later than July 12, 2018. The City and RCFPD will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Mariposa Landscapes, Inc. City of Rancho Cucamonga By: By: Name Date Name Date Title Title Rancho Cucamonga Fire Protection District By: By: Name Date Name Date Title Title (two signatures required if corporation) Page 614 M A R A N D S April 26, 2018 City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 Attn: Paul Fisher Exhibit A 1 P 0 S A C A P E S I N C Subject: 2018-2019 Landscape Maintenance Contract Extensions for CO 17-140, CO 17-142 and CO 17-143 Dear Mr. Fisher: This letter shall serve as a request to extend our current landscape maintenance contract agreements for an additional year ending June 30, 2019. The extension will be subject to a CPI based increase to help us cover increased labor, insurance, and other operating costs. Section 2 of the contracts state that Parties to this Agreement shall have the option to renew in one (1) year increments to a total of seven (7) 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. Mariposa Landscapes would like to hereby request a 3.8% CPI based increase, to be equally applied to the current contracts prices and extra work rates. This increase is based on the most recent publication for the month of March, 2018 for the Los Angeles, Riverside and Orange Counties. The increase will become effective July 1, 2018. I would like to take this opportunity to thank you for allowing Mariposa Landscape, Inc. to provide quality maintenance services to the City of Rancho Cucamonga. Sincerely, Antonio Karraa — Area Manager Mariposa Landscapes, Inc. Antonio.karraa@mariposa-ca. com (626) 931 -6712 -cell <�19 TEL 800 • 794 • 9458 EAX 626 • 960 • 8477 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 615 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Archibald Library Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Pest Control (901-1) 1 LS 34.25400 $ 34.25 $ 411.00 Tree Maintenance (901-2) 1 LS 34.25400 $ 34.25 $ 411.00 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,810 SF 0.02730 $ 377.01 $ 4,524.12 Irrigation Maintenance (901-5) 1 LS 157.56840 $ 157.57 $ 1,890.84 Hardscape Maintenance (901-6) 1 LS 82.20960 $ 82.21 $ 986.52 Total Cost at Service Level A $ 685.29 $ 8,223.48 Service Level B Pest Control (901-1) 1 LS 33.52740 $ 33.53 $ 402.36 Tree Maintenance (901-2) 1 LS 33.52740 $ 33.53 $ 402.36 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,810 SF 0.02670 $ 368.73 $ 4,424.76 Irrigation Maintenance (901-5) 1 LS 154.22610 $ 154.23 $ 1,850.76 Hardscape Maintenance (901-6) 1 LS 80.46580 $ 80.47 $ 965.64 Total Cost at Service Level B $ 670.49 $ 8,045.88 Service Level C Pest Control (901-1) 1 LS 31.65900 $ 31.66 $ 379.92 Tree Maintenance (901-2) 1 LS 31.65900 $ 31.66 $ 379.92 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,810 SF 0.02530 $ 349.39 $ 4,192.68 Irrigation Maintenance (901-5) 1 LS 145.63140 $ 145.63 $ 1,747.56 Hardscape Maintenance (901-6) 1 LS 75.98160 $ 75.98 $ 911.76 Total Cost at Service Level C $ 634.32 $ 7,611.84 1of12 Page 616 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Foothill Unit Cost Service Level A Pest Control (901-1) 1 LS 103.94540 $ 103.95 $ 1,247.40 Tree Maintenance (901-2) 1 LS 155.91800 $ 155.92 $ 1,871.04 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 105,200 SF 0.02480 $ 2,608.96 $ 31,307.52 Irrigation Maintenance (901-5) 1 LS 519.72660 $ 519.73 $ 6,236.76 Hardscape Maintenance (901-6) 1 LS 259.86330 $ 259.86 $ 3,118.32 Trail Maintenance (901-7) 1 LS 519.72660 $ 519.73 $ 6,236.76 Trash Receptacle Maintenance (901-9) 1 LS 259.86330 $ 259.86 $ 3,118.32 Restroom Building Maintenance (901-10) 1 LS 779.58990 $ 779.59 $ 9,355.08 Total Cost at Service Level A $ 5,207.60 $ 62,491.20 Service Level B Pest Control (901-1) 1 LS 102.03540 $ 102.04 $ 1,224.48 Tree Maintenance (901-2) 1 LS 153.05310 $ 153.05 $ 1,836.60 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 105,200 SF 0.02430 $ 2,556.36 $ 30,676.32 Irrigation Maintenance (901-5) 1 LS 510.17700 $ 510.18 $ 6,122.16 Hardscape Maintenance (901-6) 1 LS 255.08850 $ 255.09 $ 3,061.08 Trail Maintenance (901-7) 1 LS 510.17700 $ 510.18 $ 6,122.16 Trash Receptacle Maintenance (901-9) 1 LS 255.08850 $ 255.09 $ 3,061.08 Restroom Building Maintenance (901-10) 1 LS 765.26550 $ 765.27 $ 9,183.24 Total Cost at Service Level B $ 5,107.26 $ 61,287.12 Service Level C Pest Control (901-1) 1 LS 95.80740 $ 95.81 $ 1,149.72 Tree Maintenance (901-2) 1 LS 143.71110 $ 143.71 $ 1,724.52 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 105,200 SF 0.02280 $ 2,398.56 $ 28,782.72 Irrigation Maintenance (901-5) 1 LS 479.03700 $ 479.04 $ 5,748.48 Hardscape Maintenance (901-6) 1 LS 239.51850 $ 239.52 $ 2,874.24 Trail Maintenance (901-7) 1 LS 479.03700 $ 479.04 $ 5,748.48 Trash Receptacle Maintenance (901-9) 1 LS 239.51850 $ 239.52 $ 2,874.24 Restroom Building Maintenance (901-10) 1 LS 718.55550 $ 718.56 $ 8,622.72 Total Cost at Service Level C $ 4,793.76 $ 57,525.12 2of12 Page 617 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase -ions Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Pest Control (901-1) 1 LS 56.25960 $ 56.26 $ 675.12 Tree Maintenance (901-2) 1 LS 56.25960 $ 56.26 $ 675.12 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) 23,330 SF 0.05910 $ 1,378.80 $ 16,545.60 33,565 SF 0.01510 $ 506.83 $ 6,081.96 Irrigation Maintenance (901-5) 1 LS 337.55760 $ 337.56 $ 4,050.72 Hardscape Maintenance (901-6) 1 LS 112.51920 $ 112.52 $ 1,350.24 Mulchscape Maintenance (901-8) 1,000 SF 0.19700 $ 197.00 $ 2,364.00 Trash Receptacle Maintenance (901-9) 1 LS 168.77880 $ 168.78 $ 2,025.36 Restroom Building Maintenance (901-10) 0 LS 0.00000 $ - $ - Total Cost at Service Level A $ 2,814.01 $ 33,768.12 Service Level B Pest Control (901-1) 1 LS 55.22160 $ 55.22 $ 662.64 Tree Maintenance (901-2) 1 LS 55.22160 $ 55.22 $ 662.64 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 23,330 SF 0.05810 $ 1,355.47 $ 16,265.64 Turf Maintenance (901-5) 33,565 SF 0.01490 $ 500.12 $ 6,001.44 Irrigation Maintenance (901-5) 1 LS 331.32960 $ 331.33 $ 3,975.96 Hardscape Maintenance (901-6) 1 LS 110.44320 $ 110.44 $ 1,325.28 Trail Maintenance (901-7) 1,000 SF 0.19330 $ 193.30 $ 2,319.60 Trash Receptacle Maintenance (901-9) 1 LS 165.66480 $ 165.66 $ 1,987.92 Restroom Building Maintenance (901-10) 0 LS 0.00000 $ - $ - Total Cost at Service Level B $ 2,766.76 $ 33,201.12 Service Level C Pest Control (901-1) Tree Maintenance (901-2) Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) Irrigation Maintenance (901-5) Hardscape Maintenance (901-6) 1 LS 50.82050 $ 50.82 $ 609.84 1 LS 50.82050 $ 50.82 $ 609.84 23,330 SF 0.05340 $ 1,245.82 $ 14,949.84 33,565 SF 0.01360 $ 456.48 $ 5,477.76 1 LS 304.92290 $ 304.92 $ 3,659.04 1 LS 101.64100 $ 101.64 $ 1,219.68 Trail Maintenance (901-7) 1,000 SF 0.17800 $ 178.00 $ 2,136.00 Trash Receptacle Maintenance (901-9) 1 LS 152.46150 $ 152.46 $ 1,829.52 Restroom Building Maintenance (901-10) 0 LS 0.00000 $ - $ - Total Cost at Service Level C $ 2,540.96 $ 30,491.52 3of12 Page 618 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Family Resource Center Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Pest Control (901-1) 1 LS 33.73500 $ 33.74 $ 404.88 Tree Maintenance (901-2) 1 LS 33.73500 $ 33.74 $ 404.88 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,360 SF 0.02790 $ 372.74 $ 4,472.88 Irrigation Maintenance (901-5) 1 LS 155.18100 $ 155.18 $ 1,862.16 Hardscape Maintenance (901-6) 1 LS 80.96400 $ 80.96 $ 971.52 Total Cost at Service Level A $ 676.36 $ 8,116.32 Service Level B Pest Control (901-1) 1 LS 33.06030 $ 33.06 $ 396.72 Tree Maintenance (901-2) 1 LS 33.06030 $ 33.06 $ 396.72 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,360 SF 0.02720 $ 363.39 $ 4,360.68 Irrigation Maintenance (901-5) 1 LS 152.07740 $ 152.08 $ 1,824.96 Hardscape Maintenance (901-6) 1 LS 79.34480 $ 79.34 $ 952.08 Total Cost at Service Level B $ 660.93 $ 7,931.16 Service Level C Pest Control (901-1) 1 LS 30.46530 $ 30.47 $ 365.64 Tree Maintenance (901-2) 1 LS 30.46530 $ 30.47 $ 365.64 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 13,360 SF 0.02520 $ 336.67 $ 4,040.04 Irrigation Maintenance (901-5) 1 LS 140.14040 $ 140.14 $ 1,681.68 Hardscape Maintenance (901-6) 1 LS 73.11680 $ 73.12 $ 877.44 Total Cost at Service Level C $ 610.87 $ 7,330.44 Park QuantityEllena Unit Cost Service Level A Turf Maintenance (901-5) 170,188 SF 0.00380 $ 646.71 $ 7,760.52 Total Cost at Service Level A $ 646.71 $ 7,760.52 Service Level B Turf Maintenance (901-5) 170,188 SF 0.00380 $ 646.71 $ 7,760.52 Total Cost at Service Level B $ 646.71 $ 7,760.52 Service Level C Turf Maintenance (901-5) 170,188 SF 0.00290 $ 493.55 $ 5,922.60 Total Cost at Service Level C $ 493.55 $ 5,922.60 4of12 Page 619 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Kenyon Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 215,814 SF 0.00380 $ 820.09 $ 9,841.08 Total Cost at Service Level A $ 820.09 $ 9,841.08 Service Level B Turf Maintenance (901-5) 215,814 SF 0.00380 $ 820.09 $ 9,841.08 Total Cost at Service Level B $ 820.09 $ 9,841.08 Service Level C Turf Maintenance (901-5) 215,814 SF 0.00290 $ 625.86 $ 7,510.32 Total Cost at Service Level C $ 625.86 $ 7,510.32 ArborsVictoria Quantity Unit Cost Service Level A Turf Maintenance (901-5) 219,197 SF 0.00380 $ 832.95 $ 9,995.40 Total Cost at Service Level A $ 832.95 $ 9,995.40 Service Level B Turf Maintenance (901-5) 219,197 SF 0.00380 $ 832.95 $ 9,995.40 Total Cost at Service Level B $ 832.95 $ 9,995.40 Service Level C Turf Maintenance (901-5) 219,197 SF 0.00290 $ 635.67 $ 7,628.04 Total Cost at Service Level C $ 635.67 $ 7,628.04 Groves Park QuantityVictoria Unit Cost Service Level A Turf Maintenance (901-5) 193,378 SF 0.00380 $ 734.84 $ 8,818.08 Total Cost at Service Level A $ 734.84 $ 8,818.08 Service Level B Turf Maintenance (901-5) 193,378 SF 0.00380 $ 734.84 $ 8,818.08 Total Cost at Service Level B $ 734.84 $ 8,818.08 Service Level C Turf Maintenance (901-5) 193,378 SF 0.00290 $ 560.80 $ 6,729.60 Total Cost at Service Level C $ 560.80 $ 6,729.60 5of12 Page 620 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Vintage Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 231,250 SF 0.00380 $ 878.75 $ 10,545.00 Total Cost at Service Level A $ 878.75 $ 10,545.00 Service Level B Turf Maintenance (901-5) 231,250 SF 0.00380 $ 878.75 $ 10,545.00 Total Cost at Service Level B $ 878.75 $ 10,545.00 Service Level C Turf Maintenance (901-5) 231,250 SF 0.00270 $ 624.38 $ 7,492.56 Total Cost at Service Level C $ 624.38 $ 7,492.56 Park QuantityWindrows Unit Cost Service Level A Turf Maintenance (901-5) 276,078 SF 0.00380 $ 1,049.10 $ 12,589.20 Total Cost at Service Level A $ 1,049.10 $ 12,589.20 Service Level B Turf Maintenance (901-5) 276,078 SF 0.00380 $ 1,049.10 $ 12,589.20 Total Cost at Service Level B $ 1,049.10 $ 12,589.20 Service Level C Turf Maintenance (901-5) 276,078 SF 0.00290 $ 800.63 $ 9,607.56 Total Cost at Service Level C $ 800.63 $ 9,607.56 6of12 Page 621 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Metrolink Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Pest Control (901-1) 1 LS 117.70920 $ 117.71 $ 1,412.52 Tree Maintenance (901-2) 1 LS 117.70920 $ 117.71 $ 1,412.52 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 47,650 SF 0.02820 $ 1,343.73 $ 16,124.76 Irrigation Maintenance (901-5) 1 LS 400.21130 $ 400.21 $ 4,802.52 Hardscape Maintenance (901-6) 1 LS 235.41840 $ 235.42 $ 2,825.04 Trash Receptacle Maintenance (901-9) 1 LS 141.25110 $ 141.25 $ 1,695.00 Total Cost at Service Level A $ 2,356.03 $ 28,272.36 Service Level B Pest Control (901-1) 1 LS 130.94370 $ 130.94 $ 1,571.28 Tree Maintenance (901-2) 1 LS 130.94370 $ 130.94 $ 1,571.28 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 47,650 SF 0.02490 $ 1,186.49 $ 14,237.88 Irrigation Maintenance (901-5) 1 LS 445.20860 $ 445.21 $ 5,342.52 Hardscape Maintenance (901-6) 1 LS 261.88740 $ 261.89 $ 3,142.68 Trash Receptacle Maintenance (901-9) 1 LS 157.13250 $ 157.13 $ 1,885.56 Total Cost at Service Level B $ 2,312.60 $ 27,751.20 Service Level C Pest Control (901-1) Tree Maintenance (901-2) Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Irrigation Maintenance (901-5) 1 LS 106.29120 $ 106.29 $ 1,275.48 1 LS 106.29120 $ 106.29 $ 1,275.48 47,650 SF 0.02550 $ 1,215.08 $ 14,580.96 1 LS 361.39010 $ 361.39 $ 4,336.68 Hardscape Maintenance (901-6) 1 LS 212.58240 $ 212.58 $ 2,550.96 Trash Receptacle Maintenance (901-9) 1 LS 127.54950 $ 127.55 $ 1,530.60 Total Cost at Service Level C $ 2,129.18 $ 25,550.16 CoyoteQuantity Unit Cost Service Level A Turf Maintenance (901-5) 141,200 SF 0.00380 $ 536.56 $ 6,438.72 Total Cost at Service Level A $ 536.56 $ 6,438.72 Service Level B Turf Maintenance (901-5) 141,200 SF 0.00380 $ 536.56 $ 6,438.72 Total Cost at Service Level B $ 536.56 $ 6,438.72 Service Level C Turf Maintenance (901-5) 141,200 SF 0.00370 $ 522.44 $ 6,269.28 Total Cost at Service Level C $ 522.44 $ 6,269.28 7of12 Page 622 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Milliken Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 109,121 SF 0.00390 $ 425.57 $ 5,106.84 Total Cost at Service Level A $ 425.57 $ 5,106.84 Service Level B Turf Maintenance (901-5) 109,121 SF 0.00380 $ 414.66 $ 4,975.92 Total Cost at Service Level B $ 414.66 $ 4,975.92 Service Level C Turf Maintenance (901-5) 109,121 SF 0.00290 $ 316.45 $ 3,797.40 Total Cost at Service Level C $ 316.45 $ 3,797.40 View Park QuantityMountain Unit Cost Service Level A Turf Maintenance (901-5) 141,052 SF 0.00380 $ 536.00 $ 6,432.00 Total Cost at Service Level A $ 536.00 $ 6,432.00 Service Level B Turf Maintenance (901-5) 141,052 SF 0.00380 $ 536.00 $ 6,432.00 Total Cost at Service Level B $ 536.00 $ 6,432.00 Service Level C Turf Maintenance (901-5) 141,052 SF 0.00370 $ 521.89 $ 6,262.68 Total Cost at Service Level C $ 521.89 $ 6,262.68 Park QuantityLewis Unit Cost Service Level A Turf Maintenance (901-5) 169,788 SF 0.00380 $ 645.19 $ 7,742.28 Total Cost at Service Level A $ 645.19 $ 7,742.28 Service Level B Turf Maintenance (901-5) 169,788 SF 0.00380 $ 645.19 $ 7,742.28 Total Cost at Service Level B $ 645.19 $ 7,742.28 Service Level C Turf Maintenance (901-5) 169,788 SF 0.00360 $ 611.24 $ 7,334.88 Total Cost at Service Level C $ 611.24 $ 7,334.88 8of12 Page 623 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Spruce Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 152,868 SF 0.00380 $ 580.90 $ 6,970.80 Total Cost at Service Level A $ 580.90 $ 6,970.80 Service Level B Turf Maintenance (901-5) 152,868 SF 0.00380 $ 580.90 $ 6,970.80 Total Cost at Service Level B $ 580.90 $ 6,970.80 Service Level C Turf Maintenance (901-5) 152,868 SF 0.00290 $ 443.32 $ 5,319.84 Total Cost at Service Level C $ 443.32 $ 5,319.84 Greenway Park QuantityWest Unit Cost Service Level A Turf Maintenance (901-5) 244,060 SF 0.00380 $ 927.43 $ 11,129.16 Total Cost at Service Level A $ 927.43 $ 11,129.16 Service Level B Turf Maintenance (901-5) 244,060 SF 0.00380 $ 927.43 $ 11,129.16 Total Cost at Service Level B $ 927.43 $ 11,129.16 Service Level C Turf Maintenance (901-5) 244,060 SF 0.00290 $ 707.77 $ 8,493.24 Total Cost at Service Level C $ 707.77 $ 8,493.24 Etiwanda Creek Park Quantity Unit Cost Service Level A Turf Maintenance (901-5) 180,981 SF 0.00380 $ 687.73 $ 8,252.76 Total Cost at Service Level A $ 687.73 $ 8,252.76 Service Level B Turf Maintenance (901-5) 180,981 SF 0.00380 $ 687.73 $ 8,252.76 Total Cost at Service Level B $ 687.73 $ 8,252.76 Service Level C Turf Maintenance (901-5) 180,981 SF 0.00290 $ 524.84 $ 6,298.08 Total Cost at Service Level C $ 524.84 $ 6,298.08 9of12 Page 624 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase 3arcia Park Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Turf Maintenance (901-5) 167,511 SF 0.00380 $ 636.54 $ 7,638.48 Total Cost at Service Level A $ 636.54 $ 7,638.48 Service Level B Turf Maintenance (901-5) 167,511 SF 0.00380 $ 636.54 $ 7,638.48 Total Cost at Service Level B $ 636.54 $ 7,638.48 Service Level C Turf Maintenance (901-5) 167,511 SF 0.00290 $ 485.78 $ 5,829.36 Total Cost at Service Level C $ 485.78 $ 5,829.36 Day Creek Park Quantity Unit Cost Service Level A Turf Maintenance (901-5) 189,229 SF 0.00380 $ 719.07 $ 8,628.84 Total Cost at Service Level A $ 719.07 $ 8,628.84 Service Level B Turf Maintenance (901-5) 189,229 SF 0.00380 $ 719.07 $ 8,628.84 Total Cost at Service Level B $ 719.07 $ 8,628.84 Service Level C Turf Maintenance (901-5) 189,229 SF 0.00290 $ 548.76 $ 6,585.12 Total Cost at Service Level C $ 548.76 $ 6,585.12 Park QuantityLegacy Unit Cost Service Level A Turf Maintenance (901-5) 172,673 SF 0.00380 $ 656.16 $ 7,873.92 Total Cost at Service Level A $ 656.16 $ 7,873.92 Service Level B Turf Maintenance (901-5) 172,673 SF 0.00380 $ 656.16 $ 7,873.92 Total Cost at Service Level B $ 656.16 $ 7,873.92 Service Level C Turf Maintenance (901-5) 172,673 SF 0.00290 $ 500.75 $ 6,009.00 Total Cost at Service Level C $ 500.75 $ 6,009.00 10 of 12 Page 625 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Olive Unit Cost Service Level A Turf Maintenance (901-5) 273,961 SF 0.00380 $ 1,041.05 $ 12,492.60 Total Cost at Service Level A $ 1,041.05 $ 12,492.60 Service Level B Turf Maintenance (901-5) 273,961 SF 0.00380 $ 1,041.05 $ 12,492.60 Total Cost at Service Level B $ 1,041.05 $ 12,492.60 Service Level C Turf Maintenance (901-5) 273,961 SF 0.00290 $ 794.49 $ 9,533.88 Total Cost at Service Level C $ 794.49 $ 9,533.88 Summit Park QuantityRancho Unit Cost Service Level A Turf Maintenance (901-5) 323,036 SF 0.00380 $ 1,227.54 $ 14,730.48 Total Cost at Service Level A $ 1,227.54 $ 14,730.48 Service Level B Turf Maintenance (901-5) 323,036 SF 0.00380 $ 1,227.54 $ 14,730.48 Total Cost at Service Level B $ 1,227.54 $ 14,730.48 Service Level C Turf Maintenance (901-5) 323,036 SF 0.00290 $ 936.80 $ 11,241.60 Total Cost at Service Level C $ 936.80 $ 11,241.60 11 of 12 Page 626 Exhibit B Vendor: Mariposa Landscapes Contract No: CO 17-143 Project: Landscape, Irrigation for Parks and Facilities Subject: Pricing for Fiscal Year 2018-2019 with 3.8% increase Fire Station 175 Unit Monthly Unit Cost Monthly Cost Annual Cost Service Level A Pest Control (901-1) 1 LS 62.69520 $ 62.70 $ 752.40 Tree Maintenance (901-2) 1 LS 62.69520 $ 62.70 $ 752.40 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) 20,770 SF 0.03330 $ 691.64 $ 8,299.68 4,600 SF 0.04360 $ 200.56 $ 2,406.72 Irrigation Maintenance (901-5) 1 LS 150.46850 $ 150.47 $ 1,805.64 Hardscape Maintenance (901-6) 1 LS 87.77330 $ 87.77 $ 1,053.24 Total Cost at Service Level A $ 1,255.84 $ 15,070.08 Service Level B Pest Control (901-1) 1 LS 61.44960 $ 61.45 $ 737.40 Tree Maintenance (901-2) 1 LS 61.44960 $ 61.45 $ 737.40 Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) 20,770 SF 0.03260 $ 677.10 $ 8,125.20 Turf Maintenance (901-5) 4,600 SF 0.04280 $ 196.88 $ 2,362.56 Irrigation Maintenance (901-5) 1 LS 147.47910 $ 147.48 $ 1,769.76 Hardscape Maintenance (901-6) 1 LS 86.02950 $ 86.03 $ 1,032.36 Total Cost at Service Level B $ 1,230.39 $ 14,764.68 Service Level C Pest Control (901-1) Tree Maintenance (901-2) Shrub, Groundcover, Vine and Landscape Mulch Maintenance (901-3) Turf Maintenance (901-5) Irrigation Maintenance (901-5) 1 LS 57.09000 $ 57.09 $ 685.08 1 LS 57.09000 $ 57.09 $ 685.08 20,770 SF 0.03030 $ 629.33 $ 7,551.96 4,600 SF 0.03980 $ 183.08 $ 2,196.96 1 LS 137.01600 $ 137.02 $ 1,644.24 Hardscape Maintenance (901-6) 1 LS 79.92600 $ 79.93 $ 959.16 Total Cost at Service Level C $ 1,143.54 $ 13,722.48 Extra Work Schedule Hourly Labor Rate Including Overhead Unit Unit Cost General Laborer HR $ 36.33 Skilled Laborer HR $ 41.52 Irrigation Repair Technician HR $ 49.83 Licensed or Certified Chemical Applicator HR $ 57.09 12 of 12 Page 627 Exhibit C M A F 0 S A L A N D S C A P E S I N C PROPOSAL June 14, 2018 Chris Gilli - Maintenance Supervisor City of Rancho Cucamonga 9153 Ninth St Rancho Cucamonga, CA 91730-0807 Re: Fire station 174 - Landscape Maintenance Description This proposal provides for all labor, material, and equipment to provide Landscape Maintenance Services at the Fire Station #174 located at 11297 Jersey Blvd, Rancho Cucamonga, CA 91730 Price Total monthly price for above described work (by -weekly service) .........$1,095 Total monthly price for above described work (weekly service) ...............$1,885 Terms: Total due upon completion. Exclusions: Irrigation repairs, any unforeseen underground obstacles, and anything not mentioned. Time Project start date is currently 10 days after acceptance. Limits Time limit for the acceptance of this proposal is 30 calendar days from the above date. Respectfully submitted, Antonio Karraa - Area Manager Antonio.karraaa@mariposa-ca.com 626-931-6712 cell Chris Gilli Signature and Date Page Number 1 of 1 Pages. I:\PWSD\- PARKS - LANDSCAPES - TRAILS - TREES -\CONTRACTS & AGREEMENTS\-- Mariposa --NCO 17-143 Park Mowing and Facility Landscapes\Contract\2018-2019\Fire Station 174.doc Document last edited by Andres Perez on Monday, June 18, 2018 at 8:48:19 AM <�13 15529 ARROW HIGHWAY, IRWINDALE, CA 91706 CA. LANDSCAPE CONTRACTORS LICENSE NO. 592268 TEL. 626 . 960 . 0196 FAX 626 . 960 . 8477 Page 628 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 16- 114 WITH EMCOR SERVICES/MESA ENERGY SYSTEMS FOR CITYWIDE HVAC MAINTENANCE AND REPAIR SERVICES, WITH A VALUE OF $392,630 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $1,622,380 OVER THE FOUR YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 to contract CO 16-114 with EMCOR Services/Mesa Energy Systems extending the term of the contract to June 30, 2019, with a value of $392,630 for FY 2018-2019, and an estimated total contract value of $1,622,380 over the four years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On April 20, 2016, City Council accepted the bids received and awarded contract CO 16-114 for "Citywide HVAC Maintenance and Repairs" to EMCOR Services/Mesa Energy Systems. This contract has an option to renew in one year increments up to a total of six years ending June 30, 2022. If approved, Amendment 3 to contract CO 16-114 will extend the term of the contract to June 30, 2019 with no changes to the scope of work, pricing, or other terms and conditions. ANALYSIS: EMCOR/Mesa has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2018/2019 with no rate increases. In anticipation of a possible request by the contractor for a Consumer Price I ndex (CPI -U) increase adjustment in future years, below is a chart to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Maintenance Est. Annual Increase )se Total Routine Maintenance Extra Work Grand Total/ Fiscal Year 2018/2019 $ 210,270 $ - $ 210,270 $ 182,360 $ 392,630 2019/2020 $ 210,270 $ 8,420 $ 218,690 $ 182,360 $ 401,050 2020/2021 $ 218,690 1$8,750 $ 227,440 1$182,360 $ 409,800 Page 629 2021/2022 $ 227,440 1$9,100 1$236,540 1$182,360 1$418,900 Grand Total 1 $ 1,622,380 EMCOR/Mesa Energy Systems provides great service for the City and is very knowledgeable of all the City's HVAC equipment. Staff recommends Council approve the renewal of contract 16-114 effective July 1, 2018 and approve the spending limit of $392,630 for FY 2018/2019 and the estimated total contract value of $1,622,380 over the four years remaining on the contract. An additional $184,800 over four years for HVAC maintenance and repair services for Fire District facilities will be considered separately by the Fire Board. FISCAL IMPACT: The contract price is within the contract services budget line items in the adopted budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 3 Page 630 AMENDMENT NO. 3 to Professional Services Agreement (CO #16-114) between EMCOR Services / Mesa Energy Systems (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") and the Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 3 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 16- 114 to incorporate the following: Item 1: Extend the term of the contract to June 30, 2019 in an amount not to exceed $437,660 for the period July 1, 2018 through June 30, 2019 ($392,660 for routine maintenance and extra work in City facilities and $45,000 for routine maintenance and extra work in RCFPD facilities). Said extension will be in accordance with contractor's letter of intent dated April 27, 2018, attached hereto as Exhibit A and contract unit pricing attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO# 16-114, 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 and District no later than June 30, 2018. The City and RCFPD will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. EMCOR Services / Mesa Energy Systems Name Date City of Rancho Cucamonga Name Title Title Date City of Rancho Cucamonga Fire Protection District By: By: Name Date Name Date Title Title (two signatures required if corporation) Last Revised: 09/28/2012 Page 1 of 2 Page 631 �►R Services Exhibit A Mesa Energy Systems, Inc - 2 CROMWELL • IRVINE, CA 92618 • (949) 460-0460 • FAX (949) 460-8833 LICENSE #611215 (B, C-4, C-10, C-20, C36, C38) 4/27/2018 Paul Fisher Management Analyst I City of Rancho Cucamonga 8794 Lion Street Rancho Cucamonga, CA 91730 Dear Paul EMCOR Service appreciates the opportunity the City of Rancho Cucamonga has given us to perform the maintenance at your facilities for the past several years. EMCOR is requesting the existing Maintenance Contract Agreement between the City of Rancho Cucamonga and EMCOR be renewed for another year beginning July 1, 2018. Please accept this correspondence as our request to continue the contract and our Letter of Intent to honor the content and cost of the contract as stated in the existing agreement. EMCOR Service thanks you for the opportunity to serve your HVAC needs. If you have any questions or desire further information, please feel free to contact me at 949-460-4660. Sincerely, —(� t',Gt , scil'4, EMCOR Services, Mesa Energy Systems, Inc. David Geith Director of Service SAN DIEGO • IRVINE • SAN FERNANDO VALLEY / VENTURA • BAKERSFIELD • FRESNO • SACRAMENTO • SANTA MARIA • SAN FRANCISCO • PHOENIX • LAS VEGAS • RENO s�jj�� I Page 632 Exhibit B Vendor: EMCOR Services / Mesa Energy Systems, Inc. Contract No: CO 16-114 Project: Citywide HVAC & R Maintenance and Repair Services Subject: Pricing for Fiscal Year 2018-2019 Abbreviations: to = tach, M = Monthly, SA = Semi-annually Routine Maintenance and Repair (Section 903 and Section 906, Schedule 2) and Water Treatment (Section 904) ........._.............................................. Loc. Facility Qty Unit Frequency Unit Cost Annual Cost No. 1. Animal Care & Adoption Center- 11780 Arrow Rte. 12 EA M $ 2,091.00 $ 25,092.00 .................. .......................... 2. Archibald Library - 7368 Archibald Ave. 12 EA M $ 688.00 $ 8,256.00 ..................................................................................................................... ............................ 3. Central Park - 11200 Base Line Rd. 12 EA M $ 1,562.00 $ 18,744.00 ...... ............................................................................................................................ .......................... 4. City Hall/Public Safety - 10500/10510 Civic Center Drive 12 EA M $ 3,796.00 $ 45,552.00 .... .......... 5. Family Resource Center - 9791 Arrow Rt. 12 EA M $ 395.00 $ 4,740.00 ...................................................................................... ... .................. .................... 6. Fleet Services - 9153 9Th Street. 12 EA M $ 339.00 $ 4,068.00 ................................................................................................................. ........ 7. Household Hazardous Waste - 8800 Hellman Ave. 12 EA M $ 146.00 $ 1,752.00 ..................................... 8. Lions East - 9191 Base Line Rd. 12 EA M $ 226.00 $ 2,712.00 .................................................................. .............. ...... 9. Lions West - 9161 Base Line Rd. 12 EA M $ 523.00 $ 6,276.00 10. Public Works Service Center- 8794 Lion Street 12 EA M $ 2,209.00 $ 26,508.00 .............................................................................. ............ 11. Stadium Complex - 8408 Rochester Ave. 12 EA M $ 1,086.00 $ 13,032.00 ........................................................................................................... . .................Y............. 12. Victoria Gardens Cultural Center - 12505 Cultural Center Dr. 12 EA M $ 3,156.00 $ 37,872.00 ................................................................................... 13. Victoria Gardens Police Substation - 7743 Kew St. 12 EA M $ 132.00 $ 1,584.00 ..................................................................... ............................ .................... 14. ' R.C.M.U. Substation - 8313 Rochester Ave. 2 EA SA $ 786.00 $ 1,572.00 ................................................................................................ .............. ............... ............................... .......................... 15. Fire Shop - 11271 Jersey Blvd. 2 EA SA $ 1,146.00 $ 2,292.00 ................................................................................................. 16. Fire Station 171- 6627 Amethyst St. 2 EA SA $ 744.00 $ 1,488.00 E 4... 8............ 17. Fire Station 172 - 9612 San Bernardino Rd. 2 EA SA $ 690.00 $ 1,380.00 .... .......... ............... .............Y.. ......... ........ 18. Fire Station 173 - 12270 Firehouse Ct. 2 EA SA $ 1,056.00 $ 2,112.00 ................e..................................... ... .................Y................... .................... 19. Fire Station 174 - 11297 Jersey Blvd. 2 EA SA $ 2,526.00 $ 5,052.00 ................. ................ 20. Fire Station 175 - 11108 Banyan St. 2 EA SA $ 1,824.00 $ 3,648.00 ....................... ....................... 21. Fire Station 176 - 5840 East Ave. 2 EA SA $ 748.00 $ 1,496.00 ................................................................................................................ .............. ............ .............................. ............................. 22. Fire Station 177 - 9270 Rancho St. 2 € EA SA $ 933.00 $ 1,866.00 Total Routine Maintenance and Repair (Section 903 and Section 906, Schedule 2) and Water Treatment (Section 904) $ 217,094.00 Automation System Maintenance .................... Loc. Facility No. ................ ............ 23. Animal Care & Adoption Center - 11780 Arrow Rte. ................................................................................................................... - 24. Stadium Complex - 8408 Rochester Ave. ................................................................................................................................................ m 25. Central Park. Lions East and West. and Citv Hall Lie Total Automation System Maintenance Qty Unit Frequency Unit Cost Annual Cost ............. ............................. 12 : EA M $ 633.00 $ 7,596.00 ............ ....... ................. ......................... 12 EA M $ 204.50 $ 2,454.00 .:............ ................. ..................... 12 1 EA M S 204.50 S 2.454.00 $ 1,042.00 1 $ 12,504.00 Extra Work Schedule Unit Unit Cost ....................................................... 26. Regular Labor Hour $ ......................... 115.00 ............................ 27. After Hours Labor Hour $ 172.50 28. Holiday Labor ............. Hour $ 230.00 5/8/2018, 9:30 AM Page 633 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 17- 141 WITH COMMERCIAL CLEANING SYSTEMS FOR CITYWIDE JANITORIAL SERVICES, WITH A VALUE OF $780,000 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $5,685,990 OVER THE SIX YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 2 to contract CO 17-141 with Commercial Cleaning Systems; extending the term of the contract to June 30, 2019, with a value of $780,000 for FY 2018-2019, and an estimated total contract value of $5,685,990 over the six years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-141 for "Citywide Janitorial Services" to Commercial Cleaning Systems. This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2024. If approved, Amendment 2 to contract CO 17-141 will extend the term of the contract to June 30, 2019 with a 6.86% rate increase and no changes to the scope of work or other terms and conditions. ANALYSIS: Commercial Cleaning Systems has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2018/2019 with a 6.86% rate increase. This increase is primarily a result of the scheduled increases to the California minimum wage. Cleaning crews consist predominately of low wage earners so minimum wage increases directly impact labor costs for providing janitorial services. The California minimum wage is currently $11.00 per hour and will increase to $12.00 per hour on January 1, 2019. This is approximately 7% higher than the average minimum wage in effect in the first and second halves of FY 2017/2018. Staff has prepared the chart below to show the estimated annual funding breakdown. The average annual increase to the minimum wage on January 1St of each year from 2020 to 2022 is 8%. Therefore, the assumption underlying this estimate is that contract costs will also increase 8% per year. Please note this is only an estimate and the amounts listed below will likely vary. Page 634 Fiscal Year Routine Maintenance Est. Annual Increase (8%) Total Routine Maintenance Extra Work Grand Total/ Fiscal Year 2018/2019 $ 753,000 $ - $ 753,000 $ 27,000 $ 780,000 2019/2020 $ 753,000 $ 60,240 $ 813,240 $ 27,000 $ 840,240 2020/2021 $ 813,240 $ 65,060 $ 878,300 $ 27,000 $ 905,300 2021/2022 $ 878,300 $ 70,270 $ 948,570 $ 27,000 $ 975,570 2022/2023 $ 948,570 $ 75,890 $ 1,024,460 $ 27,000 $ 1,051,460 2023/2024 $ 1,024,460 $ 81,960 $ 1,106,420 $ 27,000 $ 1,133,420 Grand Total $ 5,685,990 Commercial Cleaning Systems continues to provide great service to the City. Staff recommends Council approve the renewal of contract CO 17-141 effective July 1, 2018 and approve the spending limit of $780,000 for FY 2018/2019, and the estimated total contract value of $5,685,990 over the six years remaining on the contract. An additional $220,130 over six years for janitorial services at various Fire District facilities will be considered separately by the Fire District Board of Directors. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 2 Page 635 AMENDMENT NO. 2 to Professional Services Agreement (CO #17-141) between Commercial Cleaning Systems (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") and Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17-141 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $780,000 for City facilities and $30,000 for RCFPD facilities during the period July 1, 2018 through June 30, 2019. Said extension will be in accordance with contractor's letter of intent dated June 20, 2018, attached hereto as Exhibit A. This will be the second year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work 6.86%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. All other Terms and Conditions of the original Agreement CO# 17-141, 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 and District no later than July 12, 2018. The City and RCFPD will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Commercial Cleaning Systems IM Name Date Title By: Name Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title Date Rancho Cucamonga Fire Protection District By: Name Title Date Page 636 CCSExhibit A Commercial Cleaning Systems A Company B.H1 Iv Ser June 20, 2018 Via Email Mr. Paul Fisher Management Analyst I City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 RE: Letter of Intent for Contract Renewal: CO 17-141 for Janitorial Services Fiscal Year: July 1, 2018 —June 30, 2019 Commercial Cleaning Systems Dear Mr. Fisher: Please accept this letter as formal notice of Commercial Cleaning Systems' interest to continue to provide janitorial services to the City of Rancho Cucamonga for the fiscal year of 2018 to 2019. It has been our pleasure to provide janitorial services over the past year, and we appreciate the opportunity to continue working with the City. The State of California implemented a law that allows for an annual increase to the minimum wage up to $15.00 by the year 2022. In January 2019, another escalation in wage is scheduled to occur ($1.00 increase from $11.00 to $12.00 and/or approximately 9.09%). Thus, CCS asks that we be afforded the opportunity to increase the contract fees in the amount of 6.86%% effective July 1, 2018. This increase represented a blended rate for the 2018/2019 fiscal year. Please find attached a summary that shows the 2017/2018 fiscal year pricing compared to the 2018/2019 pricing. We appreciate the opportunity that the City of Rancho Cucamonga has provided to us, and we look forward to a long business relationship. Please feel free to contact me at chall@commercialcleaningsystems.com or at (949) 261-1234 ext. 211. Thank you, 6 - �, /I/- & ( Cameron Hall Vice President Commercial Cleaning Systems COMM ERCIALCLEANINGSYSTEMS. COM 3001 Red Hill Avenue, Building 6-220, Costa Mesa, CA 926261 949.261.1234 Page 637 Exhibit B Vendor: Commercial Cleaning Systems Contract No: CO 17-141 Project: Citywide Janitorial Services Subject: Pricing for Fiscal Year 2019-2019 with a 6.86% increase Routine Maintenance ........................................................................... ...p............__-__- ........ .�................. .................................................... FY 2018/2019 Item Description Monthly Annual 1 :............................................................................................................................................................................................. :Animal Care and Adoption Center, 11780 Arrow Route $ ..............................,...®...............,.................... 2,256.19: $ 27,074.28 ................................................................................................................................................................................................................................................................................................................................................ 2 Archibald Library, 7368 Archibald Avenue$ .................. 4,195.65 , ....................................a $ 50,347.80 3Central ............................................................................................................................................................................................................................................................................................................I-- ............................................................................................................................................................................................ Park Community Centers, 11200 Base Line Road $ .................................:.....®......................................m 5,739.27: ..............................:...................................................... $ 68,871.24 4City Hall, 10500 Civic Center Drive $ 10,167.41 $ 122,008.92 5LoanM.art Field (Regular Services), 8408 Rochester Avenue $ 1,.692.93$ ® ................m 20,315.16 6 :Fleet Services, 9153 Ninth Street $ :......,.............................................:... 645.51 $ 7,746.12 7Lions ..................................................................................................................... East, 9191 Base Line Road $ 2,201.24 $ 26,414.88 ....................................................................................................................................................................................................................................................................................................................................................................................................... 8 Lions West, 9161 Base Line Road $ 1,727.33 $ 20,727.96 9 ........................................................................................................... Paul A. Biane Library, 12505 Cultural Center Dr. $ 3,988.93 a $ 47,867.16 ....................................................................................................................................................................................................................................................................................................................................................................................................... 10Public Safety, 10510 Civic Center Drive $ 5,599.76 $ 67,197.12 11Public Works Service Center, 8794 Lion Street $ 3,119.95 $ 37,439.40 ....................................................................................................................................................................................................................................................................................................................................................................................................a 12 :RC Family Resource Center, 9791 Arrow Route $ 1,699.22 = $ 20,390.64 ..............:..............................................................................................®................................................................. 13 € RC Sports Center, 8303 Rochester Ave. $ ...................................®....................................... 5,708.85 ' $ 68,506.20 ......................................................................................................................................................................................................................................................................................................................................................................................................: 14 Stadium Park Maintenance Facility, 8408 Rochester Avenue$ .............................................................................................................................................................................................................. 342.25 ....................... $ 4,107.00 .................................................. 15 Victoria Gardens Cultural Center, 12505 Cultural Center Dr. $ 10,051.28 $ 120,615.36 .......................................................................................................................................................................................................................................................................................................................................................................................................: 16 Victoria Gardens Police Substation, 7743 Kew Avenue $ 557.55 $ 6,690.60 17 Household Hazardous Waste $ 119.68 $ 1,436.16a Total Routine Maintenance $ ...................................................... 59,813.00 $ 717,756.00 Additional Services for LoanMart Field .................................................................................................................................... ......................................... FY 2018/2019 Item Description ........................ ................................................ ....a Unit Amount 18 :Cafe Seating Areas -per game/event Game/Event $ 153.56 ....................................................................................................................................................................................................................................................................................................................................................................................................... 19 :Grandstand Seating Areas -per game/event Game/Event a $ 153.56 ...........:......................®....................................................................................................................... 20iCity Occupied Third Floor Offices - per weekend game/event Game/Event ................................. ................ $ 39.92 21 :Lobby- per weekend game/event Game/Event $ 39.92 22 .......................®..................®..................®..................................... Third Floor Hall -per weekend game/event Game/Event ............................... $ 39.92 ......................................................................................................................................................................................................................................................................................................................................................................................................: 23Third Floor Restrooms - per weekend game/event Game/Event $ 39.92 24Skyboxes .......................................................................................®........................................................................... - per game/event ..................................... Game/Event $ 39.92 Extra Work - Lump Sum and Unit Costs FY 2018/2019 Item Description UnitAmount ........................................................................................................................................................................................................................................................................................................................................................................................................ 25Bookmobile Cleaning (Lump sum cost per cleaning) Each $ 638.81 : 26 ............................................................................................................................................................................. Regular hourly rate for services specifically excluded from contract Hour ......................,..,: $ 31.52 ............................................................................................................................................................................................................................................................................................................................................................................................: 27 After hours rate for services specifically excluded from contract Hour $ 41.14 Page 638 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT NO. 15- 103 WITH SIEMENS INDUSTRY, INC. FOR CITYWIDE TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES; APPROVE AN ADDITIONAL APPROPRIATION OF $55,000 FOR PENDING WORK, WITH A TOTAL VALUE OF $1,038,400 FOR FY 2018/2019, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $2,061,140 OVER THE TWO YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 005 to contract CO 15-103 with Siemens Industry, Inc. extending the term of the contract to June 30, 2019; approve an additional appropriation of $55,000 for pending work previously approved in Fiscal Year 2017/2018, with a total value of $1,038,400 for FY 2018/2019, and an estimated total contract value of $2,061,140 over the two years remaining on the contract; and, authorize the City Manager to renew the contract annually. BACKGROUND: On June 3, 2015, City Council approved and awarded a competitively bid contract (CO 15-103) for "Citywide Traffic Signal and Safety Lighting Maintenance" to Siemens Industry, Inc. This contract has an option to renew in one year increments up to a total of five years ending June 30, 2020. If approved, Amendment No. 005 to contract CO 15-103 will: extend the term of the contract to June 30, 2019 with a 1.6% rate increase; increase the total number of signalized intersections by three and add one advanced flashing beacon and two advanced flashing beacons that were not accounted for in previous inventory counts for a total of 232 signalized intersections, crossings, and devices; and, one increase (listed below) for pending work that was previously approved in the FY 2017/2018 amended budget but funds were not encumbered prior to June 30, 2018. There are no other changes to the scope of work or other terms and conditions. The annual contract amount listed above includes both routine maintenance and a contingency for extra work. The routine maintenance includes a complete inspection and service of each of the City's signalized intersections, flashing crosswalks, and signalized crosswalks once per month. The contingency for extra work is necessary to complete repairs due to failures, traffic accidents, or malfunctions of the traffic signal system, safety lighting, or internally illuminated street name signs. Examples of extra work repairs include, Page 639 but are not limited to: • Repair or replacement of damaged traffic signal cabinets and controllers • Repair or replacement of vehicle detection loops and video cameras • Repair or replacement or emergency vehicle preempt equipment • Repair or replacement of uninterrupted power supply equipment • Replacement of damaged or downed traffic signal poles • Rewiring signalized intersections with new cables and conductors • Replacement of damaged or downed street light poles The City of Rancho Cucamonga has signalized intersections that have been in operation for over thirty-five (35) years, which require additional extra work as equipment fails. Consequently, due to the aging traffic signal infrastructure, rain/wind damage, and damage caused by motorists, extra work is always necessary. The additional appropriation of $55,000 was allocated in the FY 2017/2018 budget in the Measure 1 2010- 2040 Fund (1177303-5300). However, staff was unable to encumber funds prior to June 30, 2018. The additional appropriation will be used to replace five damaged traffic signal poles, which are included in the FY 2018/2019 work plan. These locations are: • 19th Street at Carnelian Street • Grove Avenue at San Bernardino Road • Base Line Road at Milliken Avenue • Rochester Avenue at Church Street • Rochester Avenue at Day Creek Boulevard ANALYSIS: Siemens Industry, Inc. submitted a Letter of Intent expressing their desire to continue providing services to the City of Rancho Cucamonga during 2018/2019 with a 1.6% rate increase. The FY 2018/2019 budget includes $215,000 for routine maintenance and $768,400 for extra work, with an additional appropriation of $55,000 for the replacement of damaged traffic signal poles. In anticipation of a possible request by the contractor for a Consumer Price Index (CPI -U) increase adjustment in future years, Staff has prepared the chart below to show the estimated annual funding breakdown. Please note this is only an estimate and the amounts listed below could vary. Fiscal Year Routine Maintenance Extra Work Additional Appropriation Grand Total/ Fiscal Year 2018/2019 $ 215,000 $ 768,400 $ 55,000 $ 1,038,400 2019/2020 (Est. 4% increase) $ 223,600 $ 799,140 $ - $ 1,022,740 Grand Total $ 2,061,140 Siemens Industry, Inc. continues to provide great service to the City. Staff recommends Council approve the renewal of contract CO 15-103 effective July 1, 2018 and approve the spending limit of $1,038,400 for FY 2018/2019 and the estimated total contract value of $2,061,140 over the two years remaining on the contract. FISCAL IMPACT: The funding for Traffic Signal and Safety Lighting Maintenance Services is part of the FY 2018/2019 budget in the General Fund Street Maintenance, Fund 1001318-5300; Measure 1 2010-2040, Fund Page 640 1177303-5300 and General City Street Lights, Fund 1150202-5300. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment D Page 641 AMENDMENT NO. 5 to Professional Services Agreement (CO #15-103) between Siemens Industry, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") This Amendment No. 5 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 15-103 to incorporate the following: Item 1: The term of the agreement is hereby extended to June 30, 2019 in an amount that shall not exceed $1,038,400 during the period July 1, 2018 through June 30, 2019. Said extension will be in accordance with contractor's letter of intent dated May 31, 2018, attached hereto as Exhibit A. This will be the fourth year of the agreement. Item 2: Increase monthly lump sum costs for routine maintenance and hourly rates for extra work 1.6%. The new contract rates effective July 1, 2018 are attached hereto as Exhibit B. Item 3: Adjust quantities and types of equipment receiving routine maintenance as shown on rate sheet attached hereto as Exhibit B. Item 4: Add the installation of City supplied street light poles and equipment to the extraordinary maintenance list at the unit costs attached hereto as Exhibit C. All other Terms and Conditions of the original Agreement CO# 15-103, 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 July 12, 2018. The City will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. Siemens Industry, Inc. IM Name Date Title By: Name Date Title (two signatures required if corporation) City of Rancho Cucamonga IM Name Date Title By: Name Date Title Page 642 Exhibit A SIEMENS May 31, 2018 Paul Fisher City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 Siemens Industry Inc. 2240 Business Way Riverside, California 92501 951-784-6600 951-784-6700 Fax www.usa-siemens.com/m< Subject: FY 2018-2019 Letter of Intent to Provide Services with CPI Increase Dear Mr. Fisher, This shall serve as a letter of intent to continue providing traffic signal maintenance services as per the terms and conditions of the existing agreement (CO 15-103 "Traffic Signal and Safety Lighting Maintenance") between Siemens Industry Inc. and the City of Rancho Cucamonga on a month by month basis. At this time we are requesting an increase based upon the December 2017 CPI (1.6%) which we have attached for your reference. An updated rate schedule is attached. Please note that the current rate schedule will remain in place until the end of the fiscal year. Please feel free to contact me with any questions. Thank you for another opportunity to work with the City of Rancho Cucamonga. We took forward to working together to maintain and improve your traffic signal and safety lighting systems. Sincerely, Si ens Industry Inc. i i ILA— Candace Gallaher Service Account Manager Page 643 Exhibit B Vendor: Siemens Industry, Inc. Contract No: CO 15-103 Project: Traffic Signals and Safety Lighting Maintenance Contract Subject: Pricing for Fiscal Year 2018-2019 with a 1.6% fee increase. COLA: 1.60% Section I - Routine Maintenance FY 2018-2019 Item Description Estimated Quantity Unit Unit Price per Month Subtotal 5 Superintendent 1 Hour $116.84 $157.48 1 Traffic Signal: Monthly Routine Maintenance (Each) 185 EA $86.36 $15,976.60 2 Flashing Crosswalk: Monthly Routine Maintenance (Each) 12 EA $52.83 $633.96 3 Signalized Crosswalk: Monthly Routine Maintenance (Each) 10 EA $52.83 $528.30 4 Flashing School Beacons: Monthly Routine Maintenance (Each) 4 EA $52.83 $211.32 4 Flashing Beacons: Monthly Routine Maintenance (Each) 31 EA $52.83 $158.49 9 Routine Maintenance (per month) Total 1 I 1 1 $17,508.67 Section II - Extraordinary Maintenance FY 2018-2019 Item Title Quantity Unit Straight Time Overtime 5 Superintendent 1 Hour $116.84 $157.48 6 Engineering Technician 1 Hour $116.84 $157.48 7 Laboratory Technician 1 Hour $106.68 $152.40 Traffic Signal Senior Field Technician 8 Level III (Lead) - IMSA Certification 1 Hour $93.47 $157.48 Traffic Signal Senior Bench Technician 9 Level III - IMSA Certification 1 Hour $116.84 $157.48 Fiber Optics for ITS, Traffic, and Communication Systems Technician Level I - IMSA Certification Utility 10 ITechnician - Lead 1 Hour $116.84 $157.48 Traffic Signal Construction Technician 11 Level II - IMSA Certification 1 Hour $111.76 $157.48 Traffic Signal Field Technician 12 Level II - IMSA Certification 1 Hour $111.76 $157.48 Traffic Signal Technician 13 Level I - IMSA Certification 1 Hour $86.36 $147.32 Roadway Lighting Technician 14 Level I - IMSA Certification 1 Hour $81.28 $116.84 15 Construction Laborer 1 Day $81.28 $116.84 Traffic Signal Senior Field Technician Level III (Lead) - IMSA Certification (master system communication 16 experience/certification) (1 day = 8 hours) 1 Week 1 $751.841 $1,422.40 Traffic Signal Field Technician 17 Level II - IMSA Certification (1 day = 8 hours) 11 Week $889.00 $1,422.40 1of3 Page 644 Exhibit B Section II - Extraordinary Maintenance (continued) FY 2018-2019 Item Labor and Material Quantity Unit Unit Cost 18 Install 6x6 traffic loop (4 or less) 1 EA $543.56 19 Install 6x6 traffic loop (more than 4)) 1 EA $396.24 20 Install bike loop 6x6 1 EA $543.56 21 Install 6' diameter circular loop (4 or less) 1 EA $543.56 22 Install 6' diameter circular loop (more than 4) 1 EA $396.24 23 Furnish and Install No. 3 1/3 pullbox 1 EA $878.84 24 Swap out Video Detection Camera (City to provide replacement camera) 1 EA $228.60 25 Swap out Video Detection Camera (Contractor to provide City specified Iteris RG4) 1 EA $2,743.20 26 Furnish and Install No 5 pullbox 1 EA $1,422.40 27 Furnish and Install No 6 pullbox 1 EA $1,676.40 28 Install City furnished pedestrian signal head 1 EA $147.32 29 Furnish and install City specified pedestrian signal head 1 EA $487.68 30 Install City furnished ADA push button 1 EA $76.20 31 Furnish and install City specified ADA push button 1 EA $228.60 32 Install City furnished NEMA conflict monitor 1 EA $223.52 33 Install City furnished Traffic Signal Cabinet 1 EA $2,336.80 34 Conduct Traffic Signal Cabinet operational test 1 EA $1,270.00 35 Conduct Safety Light and ISNS night survey 1 EA $812.80 36 Paint Traffic Signal Cabinet 1 EA $1,320.80 37 Paint Vehicle Head 1 EA $375.92 38 Paint Pedestrian Head 1 EA $299.72 39 Rewire 8 -phase intersection with new cable and conductors 1 EA Time & Materials 40 Install City furnished regulatory sign on signal mast arm 1 EA $147.32 41 Replace Type 1-A (10') pole 1 EA $965.20 42 Furnish and install Decorative street light per City Standard Plan 409 1 EA $9,753.60 43 Furnish and install Marbelite street light per City Standard Plan 410 1 EA $7,518.40 44 De -energize and remove damaged Decorative street light 2 EA $1,219.20 45 De -energize and remove damaged Marbelite street light 1 EA $1,219.20 46 Adjust alignment of signal head on pole 1 EA $76.20 47 Adjust alignment of signal head on mast arm 1 EA $86.36 48 Replace Incandescent or LED Signal Indication with City furnished LED indication 1 EA $86.36 49 Replace Incandescent or LED type Signal with contractor supplied red, green or amber LED (City Spec.). 1 EA $140.21 50 Replace ISNS panel with City furnished ISNS panel 1 EA $182.88 51 Install City furnished ISNS 1 EA $243.84 52 Furnish and install City specified 6' ISNS 1 EA $1,930.40 53 Furnish and install City specified 8' ISNS 1 EA $2,336.80 54 Install City furnished LED retrofit for ISNS 1 EA $294.64 55 Furnish and install City specified LED retrofit for ISNS 1 EA $1,117.60 56 Measure, order and install ISNS davit arm 1 EA $2,032.00 57 Install City supplied ISNS davit arm and hand existing sign 1 EA $894.08 58 Furnish and install SDLC cable terminal block and rack for detection replacement in TS1 and TS2 Econolite Traffic Signal Controller cabinets 1 EA $5,080.00 59 Install and tune City provided ITERIS Video Detection system for 8 phase intersection 1 EA $5,892.80 60 Install City Supplied Street Light Pole on Existing Foundation per quote dated June 27, 2018. 1 EA $2,611.20 61 Install City Supplied Street Light Pole on New Foundation per quote dated June 27, 2018. 1 EA $3,306.72 2of3 Page 645 Exhibit B Section III - Equipment FY 2018-2019 Item Type of Equipment Quantity Unit Cost per Job/Trip 62 Pick-up Truck 1 Trip $40.64 63 30' Boom/Service Truck 1 Trip $55.88 64 50' Height Boom Truck 1 Trip $304.80 65 Crane Truck 1 Trip $335.28 66 Water Truck 1 Trip $50.80 67 Dump Truck 1 Trip $76.20 68 Concrete Saw 1 Trip $50.80 69 Complete Paint Rig 1 Trip $152.40 70 Jackhammer/Compressor 1 Trip $50.80 71 Trencher 11 Trip 1 $213.36 72 Vacuum Truck 11 Trip 1 $269.24 73 Backhoe 11 Trip 1 $2,336.80 3 of 3 Page 646 Exhibit C June 27, 2018 Fred Lyn Utilities Division Manager Rancho Cucamonga Municipal Utility 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Installation of City Supplied ST/L Pole & Equipment on New Foundation Dear Mr. Lyn: Siemens industry Inc. 2240 Business Way Riverside, Ca. 92501 951-784-6600 951-784-6700 Fax www.usa-siemens.co We offer to perform the following work, on the terms and conditions stated below, and at the prices shown, as follows: Pending your authorization, Siemens will install a City Supplied Street Light Pole and Equipment on a new foundation our discussion on 6/25/18. Item # Item Description Unit Quantity Unit Price Total Price 1 Labor - Regular HR 24 $ 66.30 $ 1,591.20 2 Service Bucket Truck HR 24 $ 30.00 $ 720.00 3 Crane TRIP 1 $ 300.00 $ 300.00 4 Materials LS 1 $ 695.52 $ 695.52 Total $ 31306.72 This offer shall expire 30 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. 1 offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes 1 entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall accepted by delivery to us of a copy of this offer duty signed by you in the space provided. 44- The foregoing offer is hereby accepted this_. day of �Lar12 , 2018. RANCHO CUCAMONGA MUNICIPAL UTILITY SIEMENS INDUSTRY INC. Oce-G By: Caer Title: f��t'f�`� ��_ Service Account Manager Page 647 Exhibit C SIEMENS June 27, 2018 Fred Lyn Utilities Division Manager Rancho Cucamonga Municipal Utility 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE; Installation of City Supplied ST/L Pole & Equipment on Existing Foundation Dear Mr. Lyn: Siemens Industry Inc. 2240 Business Way Riverside, Ca. 92501 951-784-6600 951-784-6700 Fax www.usa-siemens.co We offer to perform the following work, on the terms and conditions stated below, and at the prices shown, as follows: Pending your authorization, Siemens will install a City Supplied Street Light Pole and Equipment on the existing foun per our discussion on 6/25/18. Item # Item Description Unit Quantity Unit Price Total Price 1 Labor - Regular HR 24 $ 66.30 $ 1,591.20 2 Service Bucket Truck HR 24 $ 30.00 $ 720.00 3 Crane TRIP 1 $ 300.00 $ 300.00 Total $ 2,611.20 This offer shall expire 30 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice, l offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall accepted by delivery to us of a copy of this offer duly signed by you in the space provided. The foregoing offer is hereby accepted this Z .day ofl,Vfle 2018. RANCHO CUCAMONGA MUNICIPAL UTILITY By: Title: 'h 1��i<S Di J. t 1� e{- Service Account Manager ility be Page 648 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE A MONTH TO MONTH EXTENSION OF CONTRACT NO. 08-162 WITH UNITED PACIFIC SERVICES FOR CITYWIDE TREE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $650,000. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 7 to contract CO 08-162 with United Pacific Services; extending the term of the contract on a month to month basis; not to exceed a total of seven months; in an amount not to exceed $650,000 during the extension period. BACKGROUND: On October 15, 2008, City Council accepted the bids received and awarded contract CO 08-162 for the "Citywide Tree Maintenance" to United Pacific Services. This contract has an option to renew in one-year increments with no stated limit on the number of renewals. If approved, Amendment 7 to contract CO 08- 162 will extend the term of the contract on a month to month basis, not to exceed a total of seven months, with no changes to the scope of work. ANALYSIS: United Pacific Services has provided tree maintenance services to the City of Rancho Cucamonga for ten years. There have been no rate increases during the term of this contract. Public Works Services determined it was time to update the contract specifications to include newer terminology, service requirements, and better compliance language. United Pacific Services has agreed to extend the current contract rates an additional ninety (90) days through September 30, 2018 to provide time to bid these services. The updated specifications have been forwarded to the Procurement Department for a formal solicitation. The goal is to have the solicitation completed and a new contract awarded before the end of December 2018. During the procurement period it is necessary to maintain services to the residents, especially during emergency events such as wind or rain storms. Therefore, staff recommends Council approve a short term renewal of CO 08-162; for a period not to exceed seven months; to provide the necessary services during the procurement period. Page 649 FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Amendment 7 Page 650 FOLVAIgo QL 1a MUMMA to Professional Services Agreement (CO #08-162) between United Pacific Services, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter "City") This Amendment No. 7 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 08-162 to incorporate the following: Item 1: The term of the agreement is hereby extended on a month by month basis, not to exceed a total of seven months. Said extension will be in accordance with contractor's letter dated April 16, 2018, attached hereto as Exhibit A and agreement to extend current contract pricing through September 30, 2018. Item 2: Total compensation for work completed during this extension shall not exceed $650,000 All other Terms and Conditions of the original Agreement CO# 08-162, 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 July 12, 2018. The City will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. United Pacific Services Name Date Title By: Name Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Date Title By: Name Title Date Page 651 C L L L L UNITED PACIFIC SERVICE, INC. 251 Imperial Highway, Suite 450 S Fullerton, CA 92835 (562) 691-4600 ext. 225 office (562) 691-8839 fax TO: Mr. Bill Wittkopf DATE: 04/16/2018 Public Works Services Director 8794 Lion Street Rancho Cucamonga, CA 91730 SUBJECT: INFORMATION REGARDING UNITED PACIFIC SERVICES, INC. UNDER CONTRACT FOR CITY-WIDE TREE MAINTENANCE FOR THE CITY OF RANCHO CUCAMONGA SINCE OCTOBER 16, 2008 Dear Mr. Bill Wittkopf, This is a brief introduction of United Pacific Services, Inc. (United) background in completing city and county contracts in Southern California since the award of my first city contract with the City of Yorba Linda in 1974. Since that period of time I have supervised the completion of over 115,000,000 in city and county contracts for 125 cities and county agencies primarily in southern California. Our current contract with the City of Rancho Cucamonga was awarded to us in October of 2008, over ten years ago. However, I have been doing contract tree trimming and removals for the city since 1978 one year after the city became incorporated in 1977. Rex Whitney at (909) 477-2730 was in charge of the city's tree program at that time. We were also under contract and working for the city in the mid 1980's. Please contact the City's former Parks and Landscape Maintenance Superintendent Jeff Barnes. I am confident Jeff will give you a very high recommendation of United Pacific especially the emergency work we did for the city during the mid 1980's during one of the worst storms to hit the City of Rancho Cucamonga. Our crews along with the city crews including Jeff and myself worked during heavy rain conditions and extremely high winds removing fallen trees 24/7 throughout the city non-stop 24 -hours per day for over two weeks. We have been working for the city for close to 20 years. I have included a copy of a letter of recommendation from Anthony Albano in 2009 including 14 City Endorsement Signatures in 1981, 10 City, County and State Endorsement Signatures in 2004 and 10 additional City and County Endorsement Signatures in 2012. I have also included 50 letters of recommendation since 1977 from Cities, Counties, Cal -trans, Banks, Surety/Bonding companies, Power companies including, City Managers, United States Congressman, Los Angeles Olympic Committee, Veterans Administration, United States Federal Judge and other agencies. Please see Mayor's Certificate of Appreciation from the City of Los Angeles in February 8, 1991 from Tom Bradley, Mayor of Los Angeles. Please see letter of recommendation and Certificate of Merit from the 1984 Los Angeles Olympic Organizing Committee for the Tree Trimming work we did for the 1984 Summer Olympics. The Olympic Organizing committee selected my company out of ten tree companies in California to trim all of the trees for the 1984 Olympics. In 1984 there was an extensive article of United in Arbor Age Magazine and we also came out on the front page of Arbor Age in May of 1984. On January 18, 2018 the County of Riverside let out a Request for Proposal (RFP) for doing countywide tree maintenance work throughout Riverside County. They received bids from West Coast Arborist (WCA), Mariposa Horticultural (MH) and United Pacific Services. I have included a copy of a letter we received in this document from Riverside County on April 2, 2018 informing all bidders that the Evaluation Committee has determined United Pacific Services, Inc. to be the lowest responsive and responsible bidder for this project. We have been working for the County of Riverside for the past 11 years and look forward to working with them in the foreseeable future. Page 652 Mr. Bill Wittkopf Public Works Services Director Page 2 of 2 pages Please review letters of recommendation from the following cities: City of Fountain Valley, Tom Eynon, Landscape Inspector - June 26, 2016 City of Santa Clarita, Ken Striplin, Assistant City Manager - May 13, 2010 City of Rancho Cucamonga from Anthony Albano, Tree Maintenance Coordinator - August 13, 2009 City of Santa Clarita, Robert Sartain, Urban Forestry Supervisor - July 8, 2008 City of Simi Valley, Kurt Dahlgren, Maintenance Superintendent - August 4, 2008 City of Los Angeles, Gary Striker, Park Maintenance Supervisor - January 12, 2004 City of City of Long Beach, Oscar De Leon, Contract Monitor - January 12, 2004 Please contact Anthony "Tony" Albano, former Tree Maintenance Coordinator with the City of Rancho Cucamonga, now retired for his experience with working with United since 2008 until his retirement. I am extremely confident he will give us an extremely high recommendation. I have been doing municipal and county tree maintenance contracts for over forty years and we have always completed our contracts on time and to specifications. Currently we have three crews working in the City of Rancho Cucamonga in order to complete the entire budget for this fiscal year. With a combined force of 30 very experienced employees we will complete the city's entire fiscal year budget before the deadline of June 30, 2018. This is an opportunity for you to check with your onsite field inspectors, Lucas and David, as to the quality of work currently being performed by United Pacific crew(s) in the city. Please see color pictures in this report. We offered the city an opportunity to renew our contract by increasing our unit prices across the board by 25% for the next two years. Our increase is based on not receiving any annual CPI increase during the past 10 years of working in the city. We have not heard back from the city regarding the renewal of our contract; however some of our employees have heard from various West Coast employees that the city is awarding their annual tree maintenance contract to WCA without going out to bid. United has worked in the city for the past ten years without charging the city any increases in our original unit prices. We intend to honor our original unit prices of ten years ago for this fiscal year and will complete the contract on time before June 30th of this year. We are requesting the city to either renew our current contract for the next two years with a 25% increase or to let out a new bid. If the city does not have sufficient time to put together a bid proposal prior to the expiration date of our current contract we will extend our current agreement we have with the city for an additional 90 days past the deadline of June 30, 2018 at the same unit prices we are currently charging the city. This would give the city sufficient time to let out a new bid proposal. I remember back in 1978 working with Rex Whitney who at the time was in charge of all tree work in the city and how small the city yard was, less than a half acre and city hall was on the second floor of an industrial building. During the past forty years the city has grown in size and so has United. After working in the city starting in 1978, I hope we have the opportunity to give the city a competitive bid on a new contract and/or the city renews our current contract for an additional two years. K. Frankl' A--+ United Pacific Services, Inc. Office: (562) 691-4600 ext. 225 Cell: (562) 254-0749 Email: gus@unitedpac.com Page 653 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Darryl Polk, CIO/Directorof DoIT SUBJECT: CONSIDERATION OF A FIVE-YEAR SUPPORT AND MAINTENANCE AGREEMENT FOR HDL SOFTWARE, LLC., IN THE TOTAL AMOUNT OF $70,000 FOR THE BUSINESS LICENSING PLATFORM. RECOMMENDATION: Staff recommends the City Council approve a renewal of the software support and maintenance agreement with HdL Software, LLC to provide maintenance and support for the City's business licensing platform in the amount of $14,000 annually, for a five-year total of $70,000. BACKGROUND: HdL Software provides the City's business licensing platform and the integration between Accela and the business licensing system. The Department of Innovation and Technology recommends continuing the annual software maintenance agreement for the proposed five-year term to provide access to enhancements, technical support, security patches and other updates to the business licensing platform. ANALYSIS: The Department of Innovation and Technology manages multiple enterprises software systems that require support. HdL Software is used to manage the City's business licensing function. The requested software support and maintenance agreement extends the existing support agreement five years and ensures continuity of operations for the Business Licensing Division. Staff recommends a single -source award be made to HdL Software, LLC, for application software support, as HdL Software, LLC is the only vendor that supports the business licensing software. FISCAL IMPACT: Funding budgeted in FY 2018/19 under account number 1001209-5300 (contract services). COUNCIL GOAL(S) ADDRESSED: The proposed five-year agreement supports Council's goal of mid and long-range planning by creating predictable fixed costs for maintaining and supporting this mission -critical software platform over the five- year agreement. Page 654 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Darryl Polk, CIO/Director SUBJECT: CONSIDERATION FOR APPROVAL OF AN AWARD TO TABORDA SOLUTIONS, INC. FOR THE PURCHASE OF VMWARE SOFTWARE MAINTENANCE AND SUBSCRIPTION RENEWAL IN THE AMOUNT OF $67,456. RECOMMENDATION: Staff recommends the City Council award the contract for VMware to Taborda Solutions, Inc. in the amount of $67,456. BACKGROUND: The Department of Innovation and Technology (DoIT) has standardized on industry leading VMware software to provide consolidation of central computer servers, thereby decreasing support costs and improving management. In support of maintaining the City's computer services, support agreements are purchased to provide staff access to VMware's technical support and obtain software updates. ANALYSIS: The Department of Innovation and Technology provided specifications to the Procurement Division for review and to determine the best method of procurement. The Procurement Division prepared and posted a formal Request for Bid RFB #18/19-101 Annual VMware Software Maintenance and Subscription Renewal to the City's automated procurement system. As a result, there were 535 notified vendors, 17 prospective bidders, and 6 bids were received. Staff is recommending an award be made to Taborda Solutions, Inc., the most responsible bidder. All applicable bid documentation is on file in Procurement. FISCAL IMPACT: Funding for the maintenance contract and subscription renewal is included in the Adopted FY 2018/19 Budget in the DoIT's General Fund budget account number 1001209-5300 (Contract Services). COUNCIL GOAL(S) ADDRESSED: This item addresses the Council's goal to continue enhancing the security and resiliency of the City's digital information and network. Page 655 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director Noah Daniels, Finance Manager SUBJECT: 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 2018/19; AND SETTING THE TIME AND PLACE FORA PUBLIC HEARING THEREON. RECOMMENDATION: It is recommended that the City Council adopt resolutions ordering 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, 313, 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 2018/19; and setting a public hearing for August 1, 2018. 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, other landscaping and street lights throughout the City and their 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 resolution ordering the preparation of the Annual Engineer's Report 2. City Council accepts the Preliminary Annual Engineer's Report 3. City Council adopts resolution of intention and sets the time and place for a public hearing 4. City Council conducts public hearing and then adopts resolution confirming the District and Levying the Assessments for the upcoming fiscal year Page 656 Each Preliminary Annual Engineer's Report contains 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 Landscaping and Lighting Act of 1972 requires the City Council to accept the Preliminary Annual Engineer's Reports 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 August 1, 2018, 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 2018/19 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, 38, 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 utilizes current year assessment revenues, fund balances, 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 decades since there was an assessment increase so the services have been reduced, and/or been supplemented by General Fund contributions. General Fund contributions are limited by City Council policy. 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 Oak 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 rates are $92.21 per single family residence and $46.11 per multi -family unit. This is the maximum allowable assessment and it may not exceed the maximum unless the increase is Page 657 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 $135,820 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 Ave., southwest of the 1-15 Freeway and east of Haven Ave. Each fiscal year, the assessment amount may be increased by the lesser of 3% or the annual percentage change in the CPI. This year, the assessment rates for the District increased by 3% from the prior year. The updated assessment rates are $503.80 per single family residence, $370.98 per condominium unit, $352.66 per multi -family unit, $2,381.60 per acre for commercial/industrial, $137.40 per acre for public service and $100.76 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 $299,540 or 8.62% of the budgeted expenditures for the District. Landscape Maintenance District No. 3A (Hyssopj 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 Dr. and south of 6th St. The current assessment rate is $413.74 per lot 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. 3113 (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 Blvd. on the north, 4th St. on the south, East Ave. on the east and Grove Ave. 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 originally formed in 1984 and updated by property owner vote in 2011. The District 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 Blvd., west of Rochester Ave., east of Haven Ave., south of Base Line Rd. and includes the northeast corner of Base Line Rd. and Haven Ave. Page 658 Each fiscal year, the assessment amount may be increased by the lesser of 3.5% or the percentage change in the CPI. There is no change in the assessment rate from the prior year because the district has sufficient revenues to handle operating costs and capital improvement projects due to cost-saving capital projects, such as drought tolerant landscaping, completed in prior years. The current assessment rates are $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 and $99.29 per acre for public service, schools and undeveloped lots. These are below the maximum allowable assessments 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. The assessments pay for the on-going maintenance of a Tot Lot located on the southwest corner of Andover P1. and Bedford Dr. The boundaries of the District are generally described as the area of the City bounded by Hermosa Ave. on the west, 26th St. to the south and parcels north of and along Bedford Dr. and the parcels west of and along Andover P1. 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. Landscape Maintenance District No. 6-111 (Caryn Planned Community Landscape Maintenance District No. 6-R was formed in 1986 and updated by property owner vote in 2010. The District 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 St., west of Rochester Ave. and east of Milliken Ave. The boundaries also include Tract No. 13835 east of Rochester Ave. and Tract Nos. 13748, 13857 and 13858 west of Milliken Ave. Two zones exist within the boundaries of the District. Zone 1 is located west of Rochester Ave. and east of Milliken Ave. Zone 2 is located east of Rochester Ave. and west of Milliken Ave. Each fiscal year, the assessment amount may be increased by the lesser of 3.0% or the percentage change in the CPI. The assessment rates for the District increased by 3.0% from the prior year. The updated assessment rates are $425.97 per single family residence in Zone 1, $319.48 per single family residence in Zone 2, $106.49 per acre of school property and $106.49 per acre for undeveloped lots. The City General Fund has budgeted a contribution to the District in the amount of $60,370 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. 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 Page 659 south of the 210 Freeway along Fisher Dr., east of East Ave., north of Victoria St. and to the San Bernardino County Flood Control drainage basin on the east. The current assessment rates are $151.45 per single family residence and $302.90 per acre for undeveloped lots. 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. 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 St., north of Foothill Blvd., east of Etiwanda Ave. and the 1-15 Freeway and west of East Ave. Each fiscal year, the maximum allowable assessment amounts may be increased by the annual percentage change in the CPI. The maximum allowable assessments for the District are $587.74 per single family residence, $587.74 per multi -family unit and $1,175.48 per acre for undeveloped lots. The current assessment rates were increased to $236.92 per single family residence, $236.92 per multi -family unit and $473.84 per acre for undeveloped lots. This is the second year of gradual increases to the assessment rate. The assessment rate was intentionally lowered in prior years to reduce excess fund balance. At its lowest, the assessment rate was $80 per single family residence between Fiscal Years 2013/14 through 2015/16. Assessment rate changes going forward are expected to be reflective of changes in operating costs. Landscape Maintenance District No. 10 (Rancho Etiwanda) Landscape Maintenance District No. 10 was formed in 2002 and consists only 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 Bluegrass Ave. Each fiscal year, the maximum allowable assessment amount may be increased by the annual percentage change in the CPI. The assessment rate for the District increased by 3.5% from the prior year. The current assessment rate is $736.62 per single family residence. This is below the maximum allowable assessment of $904.44 per single family residence. 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. Funding was provided from the City's Capital Reserve Fund for the purchase of the street lights and installation of Light Emitting Diode (LED) street lighting and will be repaid over a 20 -year period from electric utility 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. Street Lighting Maintenance District No. 1 (Arterials Street Lighting Maintenance District No. 1 was formed in 1983 and provides energy and maintenance for Page 660 street lights and traffic signals on arterial streets. The boundaries of the District mirror the boundaries of the City. The current assessment rate is $17.77 per single family residence and multi -family dwelling unit. The commercial rate is $35.54 per acre. 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 Ave. The current assessment rate is $39.97 per single family residence and multi -family dwelling unit. The commercial/industrial rate is $79.94 per acre. The City General Fund has budgeted a contribution to the District in the amount of $188,420. While not legally required, this contribution is necessary 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 Ave., southwest of the 1-15 Freeway and east of Haven Ave. The current assessment rate is $47.15 per single family residence and multi -family dwelling units. The commercial/industrial rate is $94.30 per acre. 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 Blvd., west of Rochester Ave., east of Haven Ave., south of Base Line Rd. and includes the northeast corner of Base Line Rd. and Haven Ave. The current assessment rates are $28.96 per single family residence, $14.48 per multi -family unit and $57.92 per acre for commercial/industrial. 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 St., west of Rochester Ave. and east of Milliken Ave. The boundaries also include Tract 13835 east of Rochester Ave. and Tract Nos. 13748, 13857 and 13858 west of Milliken Ave. The current assessment rate is $34.60 per single family residence. 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 Blvd. on the north, 4th St. on the south, East Ave. on the east and Grove Ave. on the west. The current assessment rate is $51.40 per acre for commercial/industrial property. Street Lighting Maintenance District No. 7 (North Etiwanda) Street Lighting Maintenance District No. 7 was formed in 1990 and provides energy and maintenance for Page 661 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 Ave. 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. The City General Fund has budgeted a contribution to the District in the amount of $62,590. While not legally required, this contribution is necessary 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 the area of the City which is generally bounded by Etiwanda Ave. on the west, Highland Ave. on the north and Foothill Blvd. on the south. The southern portion of the District is bounded by East Ave. on the east and the northern 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/industrial rate is $60.20 per acre. This is below the maximum allowable assessments of $193.75 per single family residence and multi -family dwelling unit and $387.50 per acre of commercial property. There is no change in the assessment rate from the prior year. 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: 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 City General Fund has budgeted a contribution to the District in the amount of $98,510 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 $115,740 or 100% of the budgeted expenditures for the Red Hill Water Feature. Page 662 Assessment per parcel Single family residence $31.00 Multi -family residence $31.00 Less than 1.5 acres $15.50 1.51 acres to 3.5 acres $46.50 3.51 acres to 7 acres $108.50 7.01 acres to 14 acres $217.00 14.01 acres to 25 acres $434.00 More than 25.01 acres $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. The City General Fund has budgeted a contribution to the District in the amount of $98,510 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 $115,740 or 100% of the budgeted expenditures for the Red Hill Water Feature. Page 662 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(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 -Preliminary Engineer's Report LMD1 FY18-19 Attachment 2 - Preliminary Engineer's Report LMD2 FY18-19 Attachment 3 - Preliminary Engineer's Report LMD3A FY18-19 Attachment 4 - Preliminary Engineer's Report LMD313 FY18-19 Attachment 5 - Preliminary Engineer's Report LMD4-R FY18-19 Attachment 6 - Preliminary Engineer's Report LMD5 FY18-19 Attachment 7 - Preliminary Engineer's Report LMD6-R FY18-19 Attachment 8 - Preliminary Engineer's Report LMD7 FY18-19 Attachment 9 - Preliminary Engineer's Report LMD8 FY18-19 Attachment 10 - Preliminary Engineer's Report LMD9 FY18-19 Attachment 11 - Preliminary Engineer's Report LIVID 10 FY18-19 Attachment 12 - Preliminary Engineer's Report SLD1 FY18-19 Attachment 13 -Preliminary Engineer's Report SLD2 FY18-19 Attachment 14 -Preliminary Engineer's Report SLD3 FY18-19 Attachment 15 -Preliminary Engineer's Report SLD4 FY18-19 Attachment 16 -Preliminary Engineer's Report SLD5 FY18-19 Attachment 17 -Preliminary Engineer's Report SLD6 FY18-19 Attachment 18 - Preliminary Engineer's Report SLD7 FY18-19 Attachment 19 - Preliminary Engineer's Report SLD8 FY18-19 Attachment 20 - Preliminary Engineer's Report PD85 FY18-19 Attachment 21 - Res 18-051 LIVID Preparation of Engineer's Report Attachment 22 - Res 18-052 LIVID Approving Preliminary Annual Engineer's Report Attachment 23 - Res 18-053 LIVID Declare Intention to LevyAssmt & Set Pub Hearing Attachment 24 - Res 18-054 SLD Preparation of Engineer's Report Attachment 25 - Res 18-055 SLD Approving Preliminary Annual Engineer's Report Attachment 26 - Res 18-056 SLD Declare Intention to LevyAssmt & Set Pub Hearing Attachment 27 - Res 18-057 PD85 Preparation of Engineer's Report Attachment 28 - Res 18-058 PD85 Approving Preliminary Annual Engineer's Report Attachment 29 - Res 18-059 PD85 Declare Intention to LevyAssmt & Set Pub Hearing Page 663 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 1 (General City) Page 664 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 Page 665 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 20 ESTIMATE OF COSTS 21 District Budget 22 Definitions of Budget Items 24 METHOD OF ASSESSMENT 25 Overview 25 General Benefit 26 Special Benefit 26 Method of Assessment Spread 27 ASSESSMENT DIAGRAM 28 ASSESSMENT ROLL AND ANNEXATIONS 30 Assessment Roll 30 Annexations 30 Page 666 ENGINEER'S LETTER WHEREAS, on July 18, 2018 the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 31,120 Operations and Maintenance 1,346,900 Capital Expenditures 50,000 Transfer Out 90,000 Total Expenditures Budget 1,518,020 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga Fiscal Year 2018/19 1,232,090 13,900 1,245,990 71,530 225,820 1,543,340 $ 25,320 13,496.67 $92.21 $ 92.21 1 ATTACHMENT 1 Page 667 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 2018/19 ATTACHMENT 1 Page 668 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include, but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 1 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 1 Page 669 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 1 Page 670 replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Site # Descriptive Location A-1 The north and south side of Wilson Ave from Hellman Ave to Amethyst Ave. Ground Cover area: 22,982 square feet Hardscape area: 5,694 square feet A-2 The east side of Hellman Ave from 326 feet south of Pepperidge Ln to 73 feet north of Pepperidge Ln. Ground Cover area: 5,810 square feet Hardscape area: 1,600 square feet A-3 The south side of 19th St from 62 feet east of Mayberry Ave to 173 feet east of Mayberry Ave. Ground Cover area: 1,680 square feet Hardscape area: 440 square feet A-4 The south side of Wilson Ave from Amethyst Ave to Archibald Ave; the planters and cutouts on the west side of Archibald Ave from Wilson Ave to 105 feet south of Cottonwood Way. Ground Cover area: 5,625 square feet A-5 The north and south side of Diamond Ave from Klusman Ave to Diamond Ave. Ground Cover area: 3,143 square feet Hardscape area: 1,864 square feet A-6 The parkway on the north side of Wilson Ave from 348 feet east of Morning Canyon Way to Alder Ridge Pl. Ground Cover area: 5,700 square feet Hardscape area: 4,760 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 1 Page 671 A-7 The cutouts and vines on the south side of Wilson Ave from the Alta Loma Channel to 240 feet east of Zapata PI. Ground Cover area: 911 square feet A-8 The east side of Broken Star Ct from 80 feet south of Highland Ave to Highland Ave; the north side of Highland Ave from Amethyst Ave to Broken Star Ct including wood chip area north of sidewalk, the south side of Highland Ave from Broken Star Ct to Amethyst Ave; the west side of Amethyst Ave from 140 feet south of Highland Ave to 265 feet south of Highland Ave. Ground Cover area: 6,545 square feet Hardscape area: 2,554 square feet Mulchscape area: 14,005 square feet A-9 The south side of Highland Ave from Hellman Ave to Broken Star Ct. Ground Cover area: 7,865 square feet A-10 The south side of 19th St from 170 feet west of Pilgrim Ct to 167 feet east of Pilgrim Ct. Ground Cover area: 1,808 square feet Hardscape area: 1,084 square feet A-11 The east side of Amethyst Ave from Lemon Ave to 230 feet north of Apricot Ave. Ground Cover area: 2,115 square feet Hardscape area: 3,438 square feet A-12 The west side of Sapphire St from 710 feet north of Hillside Rd to Hillside Rd. Ground Cover area: 4,500 square feet A-13 The south side of Victoria St from 110 feet west of London Ave to Ramona Ave. Ground Cover area: 2,705 square feet Hardscape area: 3,480 square feet A-14 The west side of Archibald Ave from 273 feet north of La Gloria Dr to Lemon Ave; the La Gloria Dr median from Archibald Ave to Jadeite Ave; the north and south side of La Gloria Dr from Archibald Ave to 53 feet east of Jadeite Ave; the north side of Lemon Ave from Archibald Ave to 55 feet east of Klusman Ave. Ground Cover area: 12,880 square feet Hardscape area: 12,030 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 1 Page 672 A-15 The planters and cutouts on the east side of Archibald Ave from 610 feet south of Cottonwood Way to Wilson Ave; the south side of Wilson Ave from Archibald Ave to Alta Loma Channel. Ground Cover area: 2,110 square feet A-16 The cutouts and planters on the east side of Archibald Ave from Banyan St to 190 feet north of Sunflower St. Ground Cover area: 1,580 square feet A-17 The cutouts and planters on the west side of Archibald Ave from 225 feet south of Wilson Ave to Banyan St. Ground Cover area: 2,362 square feet A-18 The cutouts and planters on the north side of Banyan St from Jadeite Ave to 410 feet west of Jadeite Ave. Ground Cover area: 216 square feet A-19 The cutouts and planters on the east side of Amethyst Ave from 192 feet south of Sunflower St to Manzanita Dr. Ground Cover area: 4,325 square feet A-20 The west side of Archibald Ave from 210 feet north of La Colina Dr to 230 feet south of Almond St; the south side of La Colina Dr from Archibald Ave to Jadeite Ave. Ground Cover area: 17,120 square feet A-21 The planter adjacent to the equestrian trail from Riverwood PI to Raspberry PI north of the County flood retention basin that is west of Chaffey College. Ground Cover area: 22,832 square feet A-22 The west side of Haven Ave from Carrari St to Vista Grove St. Ground Cover area: 4,572 square feet A-23 The west side of Haven Ave from 434 feet north of Manzanita Dr to 258 feet south of Manzanita Dr. Ground Cover area: 54,250 square feet Hardscape area: 4,581 square feet A-24 The south side of 19th St from 286 feet east of Amethyst Ave to 166 feet west of Klusman Ave. Ground Cover area: 5,904 square feet Hardscape area: 2,938 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 1 Page 673 A-25 The equestrian trail and planters on the east side of Hermosa Ave from 421 feet south of Whispering Forest Dr to Sun Valley Dr. Ground Cover area: 17,529 square feet A-26 The west side of Haven Ave from 630 feet north of Wilson Ave to Wilson Ave; the parkway on the north side of Wilson Ave from Haven Ave to Mayberry Ave; the parkway on the east side of Mayberry Ave from Wilson Ave to 382 feet north of Poplar St, and the east and west side of Cartilla Ave from Wilson Ave to Poplar St. Ground Cover area: 10,243 square feet Mulchscape area: 25,297 square feet A-27 The north side of 19th St from Mayberry Ave to 93 feet east of Castle Gate PI. Ground Cover area: 5,145 square feet Hardscape area: 2,870 square feet A-28 The east side of Hermosa Ave from 360 feet south of Manzanita Dr to Manzanita Dr, and the south side of Manzanita Dr from Hermosa Ave to Raspberry PI. Ground Cover area: 7,421 square feet Hardscape area: 4,712 square feet A-29 The south side of Wilson Ave from 240 feet west of Timbermist PI to Hermosa Ave; the west side of Hermosa Ave from Wilson Ave to 213 feet south of Oakgrove Dr. Ground Cover area: 11,184 square feet A-30 Site was removed from contract and water service cancelled January 1, 2017. A-31 The south side of Lemon Ave from London Ave to Calle Hermoso. Ground Cover area: 4,404 square feet Hardscape area: 1,800 square feet A-32 The north side of Lemon Ave from the Alta Loma Channel to London Ave; the east side of London Ave from Lemon Ave to Cypress Ct. Ground Cover area: 4,463 square feet Hardscape area: 3,375 square feet A-33 The parkway on the east side of London Ave from 158 feet north of Banyan St to 310 feet north of Banyan St. Ground Cover area: 1,029 square feet Hardscape area: 1,160 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 1 Page 674 A-34 The south side of Alta Loma Dr from Mayberry Ave to Revere Ave. Ground Cover area: 2,772 square feet A-35 The west side of Hermosa Ave from Lemon Ave to 125 feet north of Highland Ave, the parkway on the south side of Lemon Ave from 621 feet west of Hermosa Ave to Hermosa Ave. Ground Cover area: 10,494 square feet Hardscape area: 9,207 square feet Mulchscape area: 2,370 square feet A-36 The south side of Lemon Ave from 385 feet west of Mayberry Ave to Cartilla Ave. Ground Cover area: 4,850 square feet Hardscape area: 4,915 square feet A-37 The south side of Hillside Rd north and south of the equestrian trail from Beryl St to 203 feet east of Eastwood Ave. Ground Cover area: 4,900 square feet A-38 The median in the 9200 block of Monte Vista St. Ground Cover area: 500 square feet Hardscape area: 1,380 square feet A-39 The south side of Almond St from Henry St to Sapphire St. The west side of Sapphire St from Almond St to 255 feet south of Bella Vista Dr. Ground Cover area: 6,926 square feet A-40 The parkway on the east side of Jasper St from Hunter Dr to Highland Ave. The parkway on the south side of Highland Ave from Jasper St to Carnelian St. The west side of Carnelian St from Highland Ave to 210 feet south of Highland Ave. Ground Cover area: 14,858 square feet Hardscape area: 6,040 square feet A-41 The west side of Sapphire St from 236 feet north of Thoroughbred St to Banyan St. Ground Cover area: 1,784 square feet Hardscape area: 812 square feet A-42 The parkway on the west side of Beryl St from 132 feet north of Sunflower St to Banyan St. Ground Cover area: 4,735 square feet Hardscape area: 5,772 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 1 Page 675 A-43 The north side of Base Line Rd from Topaz St to the Cucamonga Creek Channel. Ground Cover area: 4,563 square feet Hardscape area: 1,890 square feet The cutouts on the west side of Sapphire St from Banyan St to Marble Ave. Ground Cover area: 7,300 square feet The mainline for this site was connected to A-46 on September 8, 1999. A-46 The south side of Banyan St from Northstar PI to Zircon Ave. Ground Cover area: 7,448 square feet Hardscape area: 7,890 square feet A-47 The cutouts and vines on the north side of Banyan St from 180 feet east of Zircon Ave to 186 feet west of Vineyard Ave. Ground Cover area: 1,300 square feet A-48 The parkway on the west side of Beryl St from 452 feet north of Cielito St; 158 feet south of Cielito St and the easement between 9063 and 9073 Cielito St from Cielito St to 170 feet south of Cielito St. Ground Cover area: 6,916 square feet Hardscape area: 2,440 square feet A-49 The east side of Carnelian St from 662 feet south of Banyan St to Banyan St; the south side of Banyan St from Carnelian St to Northstar PI. Ground Cover area: 5,906 square feet Hardscape area: 6,972 square feet A-50 The north side of Almond St from Sapphire St to Crestview PI; the east and west side of Skyline Rd from Almond St to 595 feet north of Almond St. Ground Cover area: 17,600 square feet Hardscape area: 8,680 square feet A-51 The planter adjacent to the equestrian trail; from Haven Ave to Riverwood PI, north of County flood retention basin, west of Chaffey College. The west side of Haven Ave from 400 feet north of Amber Ln to 270 feet south of Amber Ln, and the north and south side of Amber Ln from Haven Ave to San Felipe Ct. Ground Cover area: 37,977 square feet Hardscape area: 5,458 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 1 Page 676 A-52 The east side of Riverwood PI, from 188 feet south of Charwood Ct to 193 feet north of Charwood Ct. Ground Cover area: 2,750 square feet Hardscape area: 1,698 square feet A-53 The west side of Jasper St from Hunter Dr to Highland Ave. The south side of Highland from Jasper St to 308 feet west of Sard St. The east and west side of Sard St from Highland Ave to Hunter Dr. Ground Cover area: 7,445 square feet Hardscape area: 4,740 square feet A-54 The west side of Beryl St from 233 feet north of Mignonette St to Mignonette St. Ground Cover area: 2,637 square feet Hardscape area: 932 square feet A-55 The north side of 19th St from Cartilla Ave to Mayberry Ave. The east side of Mayberry Ave from 19th St to Heather St. Ground Cover area: 8,410 square feet Hardscape area: 5,060 square feet A-56 The east side of Beryl St from 410 feet north of Wilson Ave to Wilson Ave. The north side of Wilson Ave from Beryl St to 731 feet west of Buckthorn Ave. The south side of Wilson Ave from Buckthorn Ave to Beryl St. Ground Cover area: 19,708 square feet Hardscape area: 5,436 square feet A-57 The east side of Hermosa Ave from 115 feet north of Coca St to 451 feet north of Coca St. The trail north of water retention basin from Hermosa Ave to 619 feet east of Hermosa Ave. Ground Cover area: 9,406 square feet Hardscape area: 6,794 square feet A-58 The west side of Haven Ave from 510 feet south of Victoria St to 1005 feet south of Victoria St. Ground Cover area: 7,301 square feet Hardscape area: 4,790 square feet A-59 The east side of Archibald Ave from 820 feet south of Lemon Ave to 448 feet south of Lemon Ave and continues from 275 feet south of Lemon Ave to 185 south of Lemon Ave. Ground Cover area: 4,777 square feet Hardscape area: 5,041 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 1 Page 677 A-60 The south side of Lemon Ave from 290 feet east of Archibald Ave to London Ave. The west side of London Ave from Lemon Ave to Orange St. Ground Cover area: 2,569 square feet Hardscape area: 4,122 square feet A-61 The north side of Carrari St from London Ave to Archibald Ave. Ground Cover area: 25,152 square feet Hardscape area: 1,698 square feet A-62 The east side of Archibald Ave from Carrari St to 505 feet north of Meadowood Dr. Ground Cover area: 8,626 square feet Hardscape area: 1,824 square feet A-63 The south side of Almond St from Carriage Rd to Almond St. Ground Cover area: 3,342 square feet Hardscape area: 3,600 square feet A-64 The east side of Beryl St from Cottonwood Way to Wilson Ave. The south side of Wilson Ave from Beryl St to 437 feet east of Beryl St. The north side of Wilson Ave from Cousins PI to 474 feet east of Cousins PI. Ground Cover area: 11,973 square feet A-65 A-67 Hardscape area: 9,949 square feet The east side of Archibald Ave from La Gloria Dr to 328 feet north of La Gloria Dr. Ground Cover area: 2,279 square feet Hardscape area: 2,411 square feet The east side of Hermosa Ave from Waterford Ln to 500 feet north of Waterford Ln. Ground Cover area: 4,695 square feet Hardscape area: 5,947 square feet The south side of 19th St from 220 feet east of Sapphire St to Via Serena. Ground Cover area: 3,208 square feet Hardscape area: 4,158 square feet The west side of Haven Ave from Hillside Rd to 783 feet south of Hillside Rd. Ground Cover area: 3,492 square feet A-69 The north side of Hillside Rd from 27 feet west of Mayberry Ave to 191 feet west of Mayberry Ave. Ground Cover area: 1,002 square feet Hardscape area: 1,605 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 1 Page 678 A-70 The south side of 19th St from 365 feet west of Amethyst Ave to Amethyst Ave. The west side of Amethyst Ave from 19th to Hedges Dr. Ground Cover area: 6,435 square feet Hardscape area: 7,015 square feet A-71 The west side of Archibald Ave from Hillside Rd to Wilson Ave. The north side of Wilson Ave, south of the trail fence area from Archibald Ave to 467 feet west of Archibald Ave. Ground Cover area: 9,265 square feet Hardscape area: 2,609 square feet A-72 The south side of Banyan St from 420 feet west of Archibald Ave to Archibald Ave. The west side of Archibald Ave from Banyan St to 389 feet south of Banyan St. Ground Cover area: 10,270 square feet Hardscape area: 6,673 square feet A-73 The west side of Beryl St from 300 feet north of San Simeon Dr to 130 feet north of San Simeon Dr. Ground Cover area: 1,200 square feet Hardscape area: 600 square feet A-74 The south side of Highland Ave from Beryl St to Hellman Ave. Ground Cover area: 11,603 square feet A-75 The south side of Highland Ave from Amethyst Ave to 612 feet east of Archibald Ave. Ground Cover area: 106,409 square feet Hardscape area: 60,608 square feet A-76 The west side of Archibald Ave from 635 feet north of Hillside Rd to Hillside Rd. The north side of Hillside Rd from Archibald Ave to 770 feet west of Archibald Ave. Ground Cover area: 8,859 square feet Hardscape area: 1,389 square feet A-77 The east side of Carnelian St from Brilliant Ln to Wilson Ave including the irrigation cut- outs along trail. The south side of Wilson Ave from Carnelian St to 745 feet east of Arabian Dr. The irrigation cut-outs on the north side of Wilson Ave from Carnelian St to 775 feet east of Arabian Dr. Ground Cover area: 5,101 square feet Hardscape area: 11,322 square feet B-1 The median on Blue Gum Dr from Etiwanda Ave to Blue Gum Dr. Ground Cover area: 5,100 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 1 Page 679 B-2 The north side of Highland Ave from the Deer Creek Channel to San Benito Ave. The north side of 19th St from San Benito Ave to Palm Dr. The west and east side of Alameda Ave from 19th St to Ring Ave. The east side of Palm Dr from 19th St to Ring Ave. Ground Cover area: 47,397 square feet Hardscape area: 26,285 square feet B-3 The paseo from Sutter Ct to Deer Creek Channel. Ground Cover area: 294 square feet Hardscape area: 400 square feet B-4 The north side of Banyan St from Deer Creek Channel to 355 feet west of Fredericksburg Ave. Ground Cover area: 9,200 square feet Hardscape area: 3,834 square feet B-5 The north side of Lemon Ave from Semillion PI to 188 feet west of Terracina Ave. Ground Cover area: 14,472 square feet Hardscape area: 3,894 square feet B-6 The north side of Lemon Ave from Barsac PI to Semillion PI. Ground Cover area: 15,784 square feet Hardscape area: 3,780 square feet B-7 The south side of Banyan St from Cabernet PI to 414 feet east of Cabernet PI Ground Cover area: 18,814 square feet B-8 The south side of Banyan St from Callaway PI to Muscat PI. Ground Cover area: 10,505 square feet B-9 The east side of Haven Ave from Banyan St to 240 feet north of Banyan St. The north side of Banyan St from Haven Ave to Merlot Ct. Ground Cover area: 24,975 square feet Hardscape area: 1,356 square feet B-10 The east side of Haven Ave from 400 feet south of Banyan St to Banyan St. The south side of Banyan St from Haven Ave to Callaway PI. Ground Cover area: 14,548 square feet Hardscape area: 6,348 square feet B-11 The south side of Banyan St from Muscat PI to Cabernet PI. Ground Cover area: 33,282 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 1 Page 680 B-12 The north side of Lemon Ave from Barsac PI to 135 feet east of Valinda Ave. Ground Cover area: 13,464 square feet Hardscape area: 4,098 square feet B-13 The south side of 19th St from Inyo PI to 585 feet east of San Benito Ave. The parkways on the east and west side of San Benito Ave from 19th St to San Mateo PI. The east side of Inyo PI from 19th St to paseo south of 19th St and the paseo running east from Inyo PI to Sonora Ave. Ground Cover area: 20,950 square feet Hardscape area: 14,192 square feet MW B-15 The paseo from San Benito Ave and Sonora Ave to the Deer Creek Channel. Ground Cover area: 2,000 square feet Hardscape area: 540 square feet The paseo from Stanislaus PI and La Vine St to the Deer Creek Channel. Ground Cover area: 1,040 square feet Hardscape area: 428 square feet B-16 The paseo from Inyo PI to Mendocino PI. Ground Cover area: 225 square feet Hardscape area: 184 square feet B-17 The paseo from Yuba Ct to Deer Creek Channel. Ground Cover area: 918 square feet Hardscape area: 420 square feet B-18 The south side of Wilson Ave from 377 feet west of Canistel Ave to 1032 feet east of Canistel Ave. Ground Cover area: 6,762 square feet Hardscape area: 8,454 square feet B-19 The east side of Haven Ave from the Southern Pacific Railroad to 341 feet south of Victoria St. Ground Cover area: 6,415 square feet Hardscape area: 8,865 square feet B-20 The east side of Haven Ave from 341 feet south of Victoria St to Victoria St; the south side of Victoria St from Haven Ave to 237 feet east of Mango St. Ground Cover area: 16,900 square feet Hardscape area: 8,767 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 1 Page 681 B-21 The south side of 19th St from Valinda Ave to Inyo PI. Ground Cover area: 3,900 square feet Hardscape area: 3,700 square feet B-22 The south side of Lemon Ave south of the sidewalk from 188 feet west of Terracina Ave to 284 feet north of Marbella Dr. The parkway on the south side of Lemon Ave from 188 feet west of Terracina Ave to 517 feet north of Marbella Dr. The turf in the parkway at the end of the cul-de-sac on Sonterra Ct. The parkway on the north side of Lemon Ave from 188 feet west of Terracina Ave to 526 feet south of Terracina Ave. The north side of Lemon Ave north of the sidewalk from 188 feet west of Terracina Ave to 562 feet south of Terracina Ave. The turf in the parkway at the end of the cul-de-sac at Serena PI. Ground Cover area: 17,688 square feet Turf area: 6,390 square feet Hardscape area: 4,928 square feet B-23 The parkway on the east side of Lemon Ave from 129 feet south of Marbella Dr to 526 feet south of Terracina Ave. The slope on the east side of Lemon Ave east of the sidewalk from 129 feet south of Marbella Dr to 562 feet south of Terracina Ave. The west side of Lemon Ave west of the sidewalk from 284 feet north of Marbella Dr to 129 feet south of Marbella Dr. The parkway on the west side of Lemon Ave from 517 feet north of Marbella Dr to 129 feet south of Marbella Dr. Ground Cover area: 22,531 square feet Hardscape area: 4,468 square feet B-24 The south side of Highland Ave from 327 feet west of Deer Creek Channel to Deer Creek Channel. The paseo from Los Osos Way to Deer Creek Channel. Ground Cover area: 4,946 square feet Hardscape area: 2,099 square feet B-25 The south side of Banyan St from 152 feet west of Cantabria Ave to 930 feet east of Cantabria Ave. Ground Cover area: 16,693 square feet B-26 The north side of Wilson Ave from 590 feet west of High Meadow PI to 187 feet east of High Meadow PI. Ground Cover area: 4,628 square feet Hardscape area: 390 square feet B-27 The east side of Haven Ave from 467 feet north of 19th St to 650 feet north of 19th St. Ground Cover area: 3,483 square feet Hardscape area: 6,235 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 16 Fiscal Year 2018/19 ATTACHMENT 1 Page 682 C-1 The north side of 26th St from Andover PI to Hermosa Ave. The east side of Hermosa Ave from 26th St to 331 feet north of Concord Dr. Ground Cover area: 22,227 square feet Hardscape area: 5,532 square feet C-2 The entry monument on the northeast and northwest corners of 4th St and Archibald Ave. Ground Cover area: 6,337 square feet Hardscape area: 3,998 square feet C-3 C-4 The south side of Base Line Rd from Ramona Ave to 128 feet east of Cambridge Ave. Ground Cover area: 17,262 square feet Hardscape area: 4,865 square feet The south side of Base Line Rd from 440 feet west of Ramona Ave to Ramona Ave. Ground Cover area: 6,198 square feet Hardscape area: 2,200 square feet C-5 The south side of Base Line Rd from 340 feet west of Center Ave to 103 feet east of Center Ave. Ground Cover area: 8,850 square feet Hardscape area: 2,215 square feet C-6 The south side of Base Line Rd from Ivy Ln to 105 feet west of Marine Ave. Ground Cover area: 8,080 square feet Hardscape area: 2,475 square feet C-7 The parkway on the north side of Church St from 142 feet east of Teak Way to 230 feet west of Teak Way. Ground Cover area: 1,813 square feet Hardscape area: 1,650 square feet C-8 The west side of Hermosa Ave from 524 feet north of Palo Alto St to 142 feet south of Palo Alto St. Ground Cover area: 2,650 square feet Hardscape area: 3,996 square feet C-9 The parkway on the west side of Hermosa Ave from 163 feet north of Ironwood St to 145 feet south of Ironwood St. Ground Cover area: 1,500 square feet Hardscape area: 1,848 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 1 Page 683 C-10 The entry monument parkway on the south side of Base Line Rd from the western city limit to Alta Cuesta Dr. Ground Cover area: 9,756 square feet Hardscape area: 4,380 square feet C-11 The parkway on the east side of Beryl St from Alder St to 135 feet north of Culpepper St. Ground Cover area: 3,400 square feet Hardscape area: 3,600 square feet C-12 The parkway on the east side of Hellman Ave from Tryon St to 665 feet north of Tryon St. Ground Cover area: 8,280 square feet Hardscape area: 3,325 square feet C-13 The parkway on the west side of Hellman Ave from 500 feet north of Church St to Church St. Ground Cover area: 2,416 square feet Hardscape area: 3,000 square feet C-14 The east side of Archibald Ave from 196 feet north of Palo Alto St to 530 feet north of Palo Alto St. Ground Cover area: 4,262 square feet Hardscape area: 1,374 square feet C-15 The north side of San Bernardino Rd from Summerlin PI to 225 feet west of Summerlin PI. Ground Cover area: 1,660 square feet Hardscape area: 710 square feet C-16 The south side of Base Line Rd from 286 feet west of Hermosa Ave to Hermosa Ave. The raised planter on the southwest corner of Base Line Rd and Hermosa Ave. Ground Cover area: 4,190 square feet Hardscape area: 2,320 square feet C-17 The east side of Hellman Ave from 775 feet south of 6th St to 6th St. The south side of 6th St from Hellman Ave to Golden Oak Rd. The west side of Golden Oak Rd from 6th St to Foxbrook Dr. Ground Cover area: 9,058 square feet Hardscape area: 6,387 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 18 Fiscal Year 2018/19 ATTACHMENT 1 Page 684 D-1 D-2 D-3 The east side of Rochester Ave from Church St to Base Line Rd. Ground Cover area: 27,920 square feet Hardscape area: 17,301 square feet The east side of Rochester Ave from 146 feet south of Chervil St to Church St. Ground Cover area: 21,858 square feet Hardscape area: 13,263 square feet The south side of Base Line Rd from Rochester Ave to 600 feet east of Rochester Ave. Ground Cover area: 2,180 square feet Hardscape area: 4,121 square feet D-4 The north and south sides of Church St from Rochester Ave to 150 feet east of Hyssop Dr. Ground Cover area: 6,340 square feet Hardscape area: 8,887 square feet H-9 The Haven Ave median from the 210 freeway to Alta Loma Dr. Ground Cover area: 2,207 square feet H-10 The Haven Ave median from entrance of Haven Village to Amber Ln. Ground Cover area: 6,968 square feet Converted 5,131 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-11 The Haven Ave median from Amber Ln to Olive Way. Ground Cover area: 5,026 square feet Converted 3,475 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-12 The Haven Ave median from Olive Way to 712 feet north of Wilson Ave. Ground Cover area: 6,734 square feet Converted 3,933 square feet of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by LMD 1. An equal amount is maintained by General Fund as of March 25, 2013 H-13 The Haven Ave median from 19th St to the 210 freeway. Ground Cover area: 12,514 square feet Landscape Maintenance District No. 1 — City of Rancho Cucamonga 19 Fiscal Year 2018/19 ATTACHMENT 1 Page 685 FH -18 The Foothill Blvd median from East Ave to 453 feet east of Cornwall Ct. 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 20 Fiscal Year 2018/19 ATTACHMENT 1 �Y�s =_p x9aTxs9 D Grow Av . s s��Ej x 4 e s Vineyard Av 3 S .N. w Hellman Av--�'� ' V Archibald Av �N Hermosa Av i Haven Av —} — ! Milliken Av i — Rochester Av I Etiwanda Av i m � i 1 D » Carnelian Sl Ir • o. D � x N = 7' �p�D� D TJ,jw I Y/ A n .E Hellman Ave • L is! iW Do3 ------ 0 0 A f A = D T A a Cherry Av 00 Archibald Av W T H { - D Hermosa Av 3 I `> > Haven Av �. CD w CD v W I 0 lm Milliken Av I n 1 � Day Crr. ek BI i 1 1 O 1 Etiwanda Av 1 East Av 1 1 1 r i i t 1� io l a Landscape Maintenance District No. 1 — City of Rancho Cucamonga 21 Fiscal Year 2018/19 ATTACHMENT 1 Page 687 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 Expenditures Personnel Services: Regular Salaries Part-time Salaries Fringe Benefits Subtotal - Personnel Fiscal Year 2018/19 Budget $ 17,090 5,000 9,030 31,120 Operations and Maintenance: Operations and Maintenance: O & M/General 80,100 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 89,200 Contract Services: Contract Services/General 666,320 Contract Services/Facilities 7,600 Tree Maintenance 52,500 Subtotal - Contract Services 726,420 Utilities: Telephone Utilities 2,790 Water Utilities 342,760 Electric Utilities 82,470 Subtotal - Utilities 428,020 Assessment Administration 56,230 Adm in./General Overhead 46,370 Other Expenses 660 Subtotal - Operations and Maintenance 1,346,900 Capital Expenditures: Captial Outlay- Improvements Other Than Building 50,000 Transfer Out: Transfer Out - LMD #1 Capital Reserve Fund 90,000 Total Expenditures Budget $ 1,518,020 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 22 Fiscal Year 2018/19 ATTACHMENT 1 Page 688 Total Revenues Budget $ 1,543,340 Contribution to/(Use of) Fund Balance $ 25,320 Total Gross Estimated Assessments $ 1,244,579.35 Total District EBU Count 13,496.67 Actual Assessment per EBU - Fiscal Year 2018/19 $92.21 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 92.21 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. Beginning with Fiscal Year 2016/17 the City will maintain a Capital Reserve Fund to be used for deferred maintenance and pending capital projects. The reserve balance information for the District is as follows: Landscape Maintenance District No. 1 — City of Rancho Cucamonga 23 Fiscal Year 2018/19 ATTACHMENT 1 Page 689 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 1,232,090 Anticipated Prior Year Delinquencies Collection 13,900 Subtotal - Taxes 1,245,990 Other Revenues: Interest Earnings 18,780 Other Rental/Lease Income 24,910 Park Maintenance Fees 4,450 Sports Field User Group Rentals 1,000 Sports Lighting Fees 22,290 Other Revenue 100 Subtotal - Other Revenues: 71,530 Transfer In: Transfer In - General Fund 135,820 Transfer In - LIVID #1 Operating Fund 90,000 Subtotal - Transfer In: 225,820 Total Revenues Budget $ 1,543,340 Contribution to/(Use of) Fund Balance $ 25,320 Total Gross Estimated Assessments $ 1,244,579.35 Total District EBU Count 13,496.67 Actual Assessment per EBU - Fiscal Year 2018/19 $92.21 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 92.21 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. Beginning with Fiscal Year 2016/17 the City will maintain a Capital Reserve Fund to be used for deferred maintenance and pending capital projects. The reserve balance information for the District is as follows: Landscape Maintenance District No. 1 — City of Rancho Cucamonga 23 Fiscal Year 2018/19 ATTACHMENT 1 Page 689 Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance, June 30, 2018 $1,240,227 $136,337 $1,376,564 Contribution to Reserve - Fiscal Year 2018/19 (26,170) 51,490 25,320 Estimated Reserve Fund Balance, June 30, 2019 $1,214,057 $187,827 $1,401,884 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 24 Fiscal Year 2018/19 ATTACHMENT 1 Page 690 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 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 25 Fiscal Year 2018/19 ATTACHMENT 1 Page 691 the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas, Parks - Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park and appurtenant facilities that are located throughout the General City and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the General City which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and Landscape Maintenance District No. 1 — City of Rancho Cucamonga 26 Fiscal Year 2018/19 ATTACHMENT 1 Page 692 • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 27 Fiscal Year 2018/19 ATTACHMENT 1 Page 693 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 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 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. 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 28 Fiscal Year 2018/19 ATTACHMENT 1 Page 694 Maximum Allowable Actual Assessment Assessment Total Parcel Land Use Category Rate per EBU Rate per EBU Units/Acres Total EBUs Single Family Residential $92.21 $92.21 8,338.00 8,338.00 Multi -Family Residential 92.21 92.21 10,282.00 5,141.00 Non -Residential 92.21 92.21 8.83 1 17.67 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. ASSESSMENT DIAGRAM An Assessment Diagram for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Bernardino County Assessor Office, at the time this report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Landscape Maintenance District No. 1 — City of Rancho Cucamonga 28 Fiscal Year 2018/19 ATTACHMENT 1 Page 694 Landscape Maintenance District No. 1 — City of Rancho Cucamonga 29 Fiscal Year 2018/19 ATTACHMENT 1 Page 695 ila �}aj d D 0 o W m _ Grove Av LID(� � Carnelian St Vineyrnard Av A � Hellman Av F Hellman Av Archibald Av Archibald Av Hermosa Av Hermosa Av Haven Av Haven Av Milliken Av Milliken Av l�.�.�..�..�..�..i t. Rochester Av 1 Rochester Av Day Creek BIS i r Etiwanda Av Etiwanda Av! � East Av � y 1 (D CL �. Cherry Av m � MD r o C7 Z ® 3 y, m Landscape Maintenance District No. 1 — City of Rancho Cucamonga 29 Fiscal Year 2018/19 ATTACHMENT 1 Page 695 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate Per EBU Total Units/ Acres Total EBUs Total Assessment Single Family Residential $92.21 8,338.00 8,338.00 $768,846.98 Multi -Family Residential 92.21 10,282.00 5,141.00 474,103.02 Non -Residential 92.21 8.83 17.67 1,629.35 Total 1 1 18,628.83 13,496.67 $1,244,579.35 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 2018/19: APN Annexation Date Project Name Total Units/Acres Total EBUS Property Type 0208-131-85 & 86 02/01/17 PM 17663 2.00 2.00 SFD 0201-182-36 to 38 08/02/17 TR 18391 6.00 6.00 SFD 0208-031-58 & 59 09/06/17 DRC2014-00545 60.00 30.00 MULTI Landscape Maintenance District No. 1 — City of Rancho Cucamonga 30 Fiscal Year 2018/19 ATTACHMENT 1 Page 696 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 2 (Victoria Neighborhood Parks) Page 697 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 Page 698 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 21 ESTIMATE OF COSTS 23 District Budget 23 Definitions of Budget Items 25 BENEFITS FROM IMPROVEMENTS AND QUANTIFICATION 26 Benefits from Improvements 26 Quantification of Benefit 28 Sidewalks and Community Trails 29 Street Landscaping 31 Neighborhood Parks 36 Collective General Benefit 38 METHOD OF ASSESSMENT 38 Overview 38 Apportioning of Special Benefit 39 Rate per Benefit Unit 46 Method of Assessment Spread 46 Applying the Method of Assessment Spread 46 Page 699 Proposed Maximum Assessment Rates Cost of Living Inflator ASSESSMENT DIAGRAM ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll Annexations 49 49 50 52 52 52 Page 700 ENGINEER'S LETTER WHEREAS, on July 18, 2018 the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 Transfer In Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Landscape Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2018/19 Fiscal Year 2018/19 Budget $ 909,240 2,877,050 116,000 3,902,290 3,496,470 34,730 3,531,200 48,380 299,540 3,879,120 $ (23,170) 77,113.24 $ 45.80 $ 45.80 1 ATTACHMENT 2 Page 701 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. 2 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 2 Page 702 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 2018/19 ATTACHMENT 2 Page 703 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 210 Freeway, west of Etiwanda Ave, southwest of the 1-15 Freeway, and east of Haven Ave, also known as the Victoria Neighborhood Parks and Landscape Maintenance District, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and six neighborhood parks that are of direct and special benefit to the parcels within the District. These improvements are located within the public right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris/graffiti, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements, including the Landscape Maintenance District No. 2 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 2 Page 704 parks and irrigation systems, includes but is not limited to, the upkeep, repair, removal or replacement of all or any part of the improvement or facility; grading and replacement of trail surfacing; trail fence repair and replacement; and irrigation systems control, adjustment, repair and replacement. Servicing means the furnishing of water for the irrigation of landscaping, the furnishing of electricity, gas or other illuminating energy for the lighting of landscaping or appurtenant facilities. This shall also include materials, vehicles, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park Site # Descriptive Location 2-1 The west side of Arbor Ln from the traffic circle to Church St. The Arbor Ln median from Church St to the traffic circle. The east side of Arbor Ln from Long Meadow Dr to Church St. The paseo from the west side of Arbor Ln to Day Creek Blvd. The paseo from the west side of Arbor Ln to Saintsbury PI. The north side of Winery Dr from Arbor Ln to 214 feet west of Arbor Ln. The south side of Long Meadow Dr from Freestone Ct to Duck Creek PI. Ground Cover area: 93,639 square feet Hardscape area: 59,041 square feet 2-2 The northwest corner of Day Creek Blvd and Church St. The north side of Church St from Day Creek Blvd to 1,152 feet west of Hess PI. The paseo from the north side of Church St to Dry Creek Dr. The paseo from the north side of Church St to Pineridge PI. The west side of Hess PI from the north side of Church St to Dry Creek Dr. The south side of Church St from 145 feet east of Hyssop Dr to 896 feet east of Hyssop Dr. Ground Cover area: 24,018 square feet Hardscape area: 26,617 square feet 2-3 The west side of Day Creek Blvd from 250 feet north of Appellation Dr to Church St. The east side of Day Creek Blvd from Church St to Madrigal PI. The Day Creek Blvd median from Church St to Base Line Rd. The south side of Madrigal PI from Day Creek Blvd to Round Hill PI. Ground Cover area: 35,420 square feet Hardscape area: 42,671 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 2 Page 705 2-4 Victoria Park Ln from Base Line Rd to the east entrance of Victoria Arbor Park. The southwest corner of Victoria Park Ln and Base Line Rd. The southeast corner of Victoria Park Ln to 445 feet east of Victoria Park Ln. Ground Cover area: 36,482 square feet Turf area: 3,874 square feet Hardscape area: 32,927 square feet 2-5 The east and west side of Victoria Park Ln and the medians from Mosaic Dr to Church St. Ground Cover area: 56,358 square feet Hardscape area: 20,390 square feet 2-6 The north side of Church St from Arbor Ln to Day Creek Blvd. The northwest corner of Church St and Arbor Ln. The paseo from the north side of Church St to Wilson Creek Dr. Ground Cover area: 21,616 square feet Hardscape area: 15,159 square feet 2-7 The north side of Church St from Victoria Park Ln to Arbor Ln. The northwest corner of Victoria Park Ln and Church St. The paseo from the north side of Church St to Elk Cove Ct. The paseo from the north side of Church St to Freestone Ct. The northeast corner of Arbor Ln and Church St. Ground Cover area: 16,609 square feet Hardscape area: 13,730 square feet 2-8 The paseo from the west side of Etiwanda Ave to Silver Rose Ct. The north side of Church St from Etiwanda Ave to Victoria Park Ln. The east side of Iron Horse PI from Church St to Wild Horse PI. The paseo from the north side of Church St to Cloudy Bay Ct. The medians from Iron Horse PI to Etiwanda Ave. Ground Cover area: 35,122 square feet Hardscape area: 28,473 square feet 2-9 The landscaped slope behind existing landscape of site 2-5 on the west side of Victoria Park Ln from 475 feet north of Long Meadow Dr to Long Meadow Dr. The landscape slope and curb adjacent parkway from Victoria Park Ln to 685 feet west of Victoria Park Ln. Ground Cover area: 26,213 square feet Hardscape area: 5,617 square feet VW -1 Base Line Rd median from Victoria Park Ln to 830 feet west of Victoria Park Ln. Ground Cover area: 4,514 square feet Hardscape area: 3,474 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 2 Page 706 VW -2 The north side of Base Line Rd 300 feet east and 200 feet west of Swanson PI. The east and west sides of Swanson PI from Base Line Rd to Province St. The paseo from the intersection of Swanson PI and Province St to Atwood St with outlet to Dunmore PI. The paseo from Atwood St to the Southern Pacific Railroad. The north side of Saratoga St from Powell PI to Dunmore PI. The paseo from Saratoga St to Etiwanda Ave. The south side of Atwood St from Victoria Park Ln to Travis PI. The north side of Atwood St from Walcott PI to Victoria Park Ln. Ground Cover area: 18,753 square feet Turf area: 73,931 square feet Hardscape area: 22,615 square feet VW -3 The Victoria Park Ln median and the west and east side parkways from Base Line Rd to the entrance to Victoria Village. Ground Cover area: 27,090 square feet Hardscape area: 3,214 square feet VW -4 The Victoria Park Ln median and the west and east side parkways from Victoria Village entrance to Atwood St. Ground Cover area: 40,937 square feet Hardscape area: 6,428 square feet VW -5 The Victoria Park Ln median and the west side and east side parkways from Atwood St to the Southern Pacific Railroad. Ground Cover area: 49,513 square feet Hardscape area: 5,467 square feet VW -6 The paseo running north from 12732 Farrington St to the Southern Pacific Railroad. Ground Cover area: 285 square feet Hardscape area: 679 square feet VW -7 The paseo running north from 12840 Farrington St to the Southern Pacific Railroad. Ground Cover area: 266 square feet Hardscape area: 552 square feet VW -8 The Victoria Park Ln median and the west side parkway from the Southern Pacific Railroad to South Victoria Windrows Loop. The Victoria Park Ln east side parkway from the Southern Pacific Railroad to Zinnia Ct. Ground Cover area: 40,548 square feet Hardscape area: 6,150 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 2 Page 707 VW -9 The Victoria Park Ln east side parkway from Barberry St to North Victoria Windrows Loop 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 Ln from South Victoria Windrows Loop to Dahlia Ct. The Victoria Park Ln median from Zinnia Ct to Dahlia Ct. The east side of Victoria Park Ln from North Victoria Windrows Loop at Windrows Park to Dahlia Ct. Ground Cover area: 50,620 square feet Turf area: 11,878 square feet Hardscape area: 11,400 square feet VW -11 The east side parkway on South Victoria Windrows Loop from Silktassel Dr to Victoria Park Ln. The parkway on the south side of Victoria Park Ln from the intersection of South Victoria Windrows Loop and North Victoria Windrows Loop to Dahlia Ct. The Victoria Park Ln median from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. The parkway on the north side of Victoria Windrows Loop from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. Ground Cover area: 27,053 square feet Turf area: 20,216 square feet Hardscape area: 6,988 square feet VW -12 The Victoria Park Ln median from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek Blvd. The parkway on the north side of Victoria Park Ln from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek Blvd. The parkway on the west side of North Victoria Windrows Loop from Silverberry St to Victoria Park Ln. The parkway on the south side of Silverberry St from 390 feet east of Day Creek Blvd to North Victoria Windrows Loop. Ground Cover area: 166,249 square feet Turf area: 21,603 square feet Hardscape area: 12,868 square feet VW -13 The parkway on the south side of Victoria Park Ln from 390 feet east of Day Creek Blvd to South Victoria Windrows Loop. The west side of South Victoria Windrows Loop from Victoria Park Ln to Snapdragon St. Ground Cover area: 20,068 square feet Turf area: 16,476 square feet Hardscape area: 7,200 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 2 Page 708 VW -14 The parkway on the west side of South Victoria Windrows Loop from Snapdragon St to Victoria Park Ln. The parkway on the north and south side of Sugar Gum St from South Victoria Windrows Loop to 390 feet east of Day Creek Blvd. The parkways on the east and west sides of Basswood PI from Sugar Gum St to Blazing Star Ct. The parkway on the north side of South Victoria Windrows Loop from Victoria Park Ln to Silktassel Dr. Ground Cover area: 21,466 square feet Turf area: 10,335 square feet Hardscape area: 27,560 square feet VW -15 The parkway on the north side of Bougainvillea Way from Peach PI to North Victoria Windrows Loop. The parkway on the east side of North Victoria Windrows Loop from Bougainvillea Way to Citrus PI. The parkway on the north side of North Victoria Windrows Loop from Locus Ave and following that curb line to Silverberry St. The parkway on the north side of Silverberry St from North Victoria Windrows Loop 390 feet east of Day Creek Blvd. The paseo from North Victoria Windrows Loop at Silverberry St to Nasturtium Dr. The paseo from North Victoria Windrows Loop at Locus Ave to Pistache St and continuing to Bougainvillea Way. Ground Cover area: 45,929 square feet Turf area: 12,207 square feet Hardscape area: 23,630 square feet VW -16 The south side of Highland Ave from 455 feet east of Day Creek Blvd to 534 feet east of Locus Ave. The east and west side of Locus Ave from Highland Ave to North Victoria Windrows Loop. The parkway on the south side of North Victoria Windrows Loop from Citrus PI east to Bougainvillea Way. The parkway on the north side of North Victoria Windrows Loop from Twinspur PI to Locus Ave. Ground Cover area: 26,577 square feet Turf area: 23,922 square feet Hardscape area: 19,203 square feet VW -17 This site was modified and added to VW -16 on January 5, 1999. VW -18 The south side of Highland Ave from 12583 Highland Ave to Rockrose Ave. Ground Cover area: 2,800 square feet Turf area: 8,515 square feet Hardscape area: 3,325 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 2 Page 709 VW -19 The north side of North Victoria Windrows Loop from Rosemary Ct to Rockrose Ave. The east side of Rockrose Ave from North Victoria Windrows Loop to Highland Ave. The south side of Highland Ave from Rockrose Ave to Etiwanda Ave. The horse trail from Highland Ave and Etiwanda Ave to the Fire Station. Ground Cover area: 21,027 square feet Turf area: 32,266 square feet Hardscape area: 11,298 square feet VW -20 The parkway on the south side of North Victoria Windrows Loop from Victoria Park Ln to Plum Way. The parkway on the west side of North Victoria Windrows Loop from Plum Way to Rosemary Ct. The paseo from Tipu PI east to the open field. Note: The area in front of Windrows Park is watered by the VW -20 water meter, but it is maintained by City crews. Ground Cover area: 2,110 square feet Turf area: 16,411 square feet Hardscape area: 9,132 square feet VW -21 The east side of North Victoria Windrows Loop from Rosemary Ct to the trail south of Kalmia St. The trail and paseo from North Victoria Windrows Loop south of Kalmia St to Etiwanda Ave and north to the Fire Station. The south side of Basil St from North Victoria Windrows Loop to Santolina PI. Ground Cover area: 49,187 square feet Turf area: 57,532 square feet Hardscape area: 19,600 square feet VW -22 The paseo from North Victoria Windrows Loop at Rockrose Ave to the northeast corner of Windrows Park and from that corner to Plum Way. Ground Cover area: 13,689 square feet Turf area: 19,953 square feet Hardscape area: 9,489 square feet VW -23 The west side of Rockrose Ave from Highland Ave to North Victoria Windrows Loop. The parkway on the north side of North Victoria Windrows Loop from Rockrose Ave to Twinspur PI. The parkway on the south side of North Victoria Windrows Loop from Bougainvillea Way to Rosemary Ct. Ground Cover area: 18,299 square feet Turf area: 3,452 square feet Hardscape area: 10,352 square feet VW -24 The Metropolitan Water District easement from Jasmine Ct and Ironbark Dr to Sweetgum Dr. Ground Cover area: 475 square feet Hardscape area: 4,730 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 2 Page 710 VW -25 The north side of Base Line Rd from 384 feet west of Wanona PI to Etiwanda Ave. The west side of Etiwanda Ave from Base Line Rd to Craig Dr. The Base Line Rd median from Swanson PI to Etiwanda Ave. Ground Cover area: 20,934 square feet Turf area: 3,079 square feet Hardscape area: 12,799 square feet VW -26 The paseo from Grape PI to 630 feet west of Grape PI Ground Cover area: 7,021 square feet Hardscape area: 8,548 square feet VW -27 The south side of Base Line Rd from 251 feet west of Swanson PI to Etiwanda Ave. The Base Line Rd median from Victoria Park Ln to Swanson PI. Ground Cover area: 18,816 square feet Hardscape area: 17,233 square feet VG -1 The turf and ground cover on the south side of Highland Ave from the Deer Creek Channel to Fairmont Way. The turf and ground cover from Highland Ave on the west side of Fairmont Way to Victoria Park Ln. The ground cover on the north side of Victoria Park Ln south of the horse trail from 475 feet east of Milliken Ave to Fairmont Way. The turf on the north side of Victoria Park Ln from 275 feet east of Milliken Ave to Fairmont Way. The turf in the parkway on the east side of Fairmont Way from Victoria Park Ln to Highland Ave. Ground Cover area: 21,573 square feet Turf area: 47,604 square feet Hardscape area: 17,300 square feet VG -2 The turf on the east side of York PI from Delaware St to Fairmont Way. The ground cover on the south side of Fairmont Way from York PI and continuing on that curb line to Victoria Park Ln. The turf and ground cover on the south side of Victoria Park Ln west of Milliken Ave from Fairmont Way to Milliken Ave. The parkway on the west side of Milliken Ave from Victoria Park Ln to Fairmont Way. The Milliken Ave median from Fairmont Way to Victoria Park Ln. The turf on the north side of Victoria Park Ln from 273 feet west of Milliken Ave to Milliken Ave. The ground cover on the north side of Victoria Park Ln south of the horse trail from 468 feet west of Milliken Ave to Milliken Ave. Ground Cover area: 53,416 square feet Turf area: 49,587 square feet Hardscape area: 20,173 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 2 Page 711 VG -3 The turf and ground cover north of the sidewalk on the north side of Fairmont Way from Nova Ct continuing on that curb line to York PI and the turf south of the sidewalk on the north side of Fairmont Way from Armstrong PI continuing on that curb line to York PI. The ground cover on the west side of York PI from Fairmont Way to Delaware St and the ground cover on the east side of York PI. The turf and ground cover on the west side of Fairmont Way from Emerson St continuing along that curb line to Armstrong PI. The turf and ground cover on the east and west sides of Biola PI. Ground Cover area: 57,189 square feet Turf area: 38,343 square feet Hardscape area: 26,848 square feet VG -4 The turf and ground cover on the south side of Fairmont Way from Armstrong PI to Milliken Ave. The turf and ground cover on the west side of Milliken Ave from Fairmont Way to the Southern Pacific Railroad. The Milliken Ave median from Fairmont Way to the Southern Pacific Railroad. The ground cover on the north side of the Southern Pacific Railroad from Deer Creek Channel to Rochester Ave including the paseo to Baylor St. The ground cover on the north side of Fairmont Way from Milliken Ave to Nova Ct. The turf on the north side of Fairmont Way from Milliken Ave to Armstrong PI. 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 PI to Amarillo St to Delaware St at York PI Ground Cover area: 12,448 square feet Turf area: 44,896 square feet Hardscape area: 7,992 square feet VG -6 The paseo beginning at the northeast corner of Victoria Groves Park and Fairmont Way and extending to the Deer Creek Channel. Ground Cover area: 73,442 square feet Turf area: 74,778 square feet Hardscape area: 16,629 square feet VG -7 The paseo that begins on the south side of Donnelly St at Fairmont Way and continues to the Deer Creek Channel including the southward extension on the west side of Albright PI from Donnelly St to Pacific and the paseo from Pacific to Charleston St. Ground Cover area: 43,427 square feet Turf area: 51,765 square feet Hardscape area: 15,806 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 2 Page 712 VG -8 The ground cover on the west side of Milliken Ave from 566 feet north of Victoria Park Ln to Victoria Park Ln. The ground cover and turf north of the horse trail on Victoria Park Ln from Milliken Ave to Fairmont Way. The ground cover on the east side of Fairmont Way from Victoria Park Ln to 156 feet north of Victoria Park Ln. Ground Cover area: 21,614 square feet Turf area: 8,614 square feet Hardscape area: 8,281 square feet VG -9 The ground cover on the east side of Fairmont Way from 156 feet north of Victoria Park Ln to Kenyon Way. The ground cover on the south side of Kenyon Way from Fairmont Way to 197 feet east of Fairmont Way. The turf on the south side of Kenyon Way from Fairmont Way to 316 feet east of Fairmont Way. The turf and ground cover on the south side of Baltimore Dr from Fairmont Way to Baltimore Ct. The turf and ground cover on the north side of Baltimore Dr from Fairmont Way to Vanderbilt PI. The turf and ground cover on the east side of Vanderbilt PI from Baltimore Dr to Brown Dr. The paseo from Vanderbilt PI and Brown Dr to Kenyon Way. Ground Cover area: 48,481 square feet Turf area: 11,357 square feet Hardscape area: 13,542 square feet VG -10 The ground cover on the south side of Kenyon Way from 197 feet east of Fairmont Way to Milliken Ave. The turf on the south side of Kenyon Way from 316 feet east of Fairmont Way to Milliken Ave. The ground cover on the west side of Milliken Ave from Kenyon Way to 566 feet north of Victoria Park Ln. The turf and ground cover on the west side of Capitol PI from Brown Dr to Bethany Dr. The paseo from Capitol PI and Brown Dr to Kenyon Way. Ground cover area: 34,241 square feet Turf area: 11,031 square feet Hardscape area: 5,320 square feet VG -11 The east and west side parkways and median of Milliken Ave from Base Line Rd to the Southern Pacific Railroad. The north side of Base Line Rd from 542 feet east of Milliken Ave to Milliken Ave. Ground Cover area: 31,367 square feet Turf area: 17,264 square feet Hardscape area: 25,524 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 2 Page 713 VG -12 The turf and ground cover on the south side of Fairmont Way from the southeast corner of Milliken Ave and Fairmont Way along the curb line to Victoria Park Ln. The turf and ground over on the west side of Fairmont Way from the southwest corner of Victoria Park Ln and Fairmont Way (located east of Milliken Ave) and continuing along the curb line to Milliken Ave. The turf on the east side of Milliken Ave from the Southern Pacific Railroad to 730 feet south of Victoria Park Ln. The ground cover on the east side of Milliken Ave from the Southern Pacific Railroad to 766 feet south of Victoria Park Ln. Ground Cover area: 53,068 square feet Turf area: 36,431 square feet Hardscape area: 27,004 square feet VG -13 The paseos from Victoria Park Ln to Verona Dr, Verona Dr to Napoli Dr, and Genova Rd to Tivoli PI. Ground Cover area: 17,993 square feet Turf area: 16,344 square feet Hardscape area: 8,376 square feet VG -14 The Base Line Rd median from Milliken Ave to Ellena East. The turf and ground cover on the north side of Base Line Rd from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Base Line Rd and following the curb line to Kenyon Way. The north side of Ellena West from Kenyon Way to Casoli PI. The turf and ground cover on both sides of Casoli PI from Ellena West to Candela Dr. The turf and ground cover on both sides of Crema PI from Ellena West to Candela Dr. 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 Ave from the Southern Pacific Railroad to Base Line Rd. The turf and ground cover on the north side of Base Line Rd from Rochester Ave to Ellena East. The Base Line Rd Median from Rochester Ave to Ellena East. The turf and ground cover on the east side of Ellena East from Base Line Rd and continuing along that curb line to 275 feet north of Berra Rd. The turf and ground cover on both sides of Berra Rd from Ellena East to Comiso Way. Ground Cover area: 54,628 square feet Turf area: 57,306 square feet Hardscape area: 36,014 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 2 Page 714 VG -16 The Paseo from Base Line Rd to Ellena West with entrances to Amelia Dr and Pavola Dr. 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 Way to the Southern Pacific Railroad. The paseo from Fabriano PI to Martano PI. Ground Cover area: 35,351 square feet Turf area: 40,291 square feet Hardscape area: 16,394 square feet VG -18 The paseo from Rapallo Dr to Gandino Dr and south to the Southern Pacific Railroad. Ground Cover area: 4,281 square feet Hardscape area: 1,308 square feet VG -19 The paseo from Tolentino Dr to Pizolli PI and to Tolentino Dr. Ground Cover area: 12,555 square feet Turf area: 17,856 square feet Hardscape area: 7,380 square feet VG -20 The turf on the east side of Milliken Ave from 730 feet south of Victoria Park Ln to Victoria Park Ln. The ground cover on the east side of Milliken Ave from 766 feet south of Victoria Park Ln to Victoria Park Ln. The turf and ground cover on the south side of Victoria Park Ln from the southeast corner at Milliken Ave heading east to Fairmont Way. The turf and ground cover on the north side of Victoria Park Ln from Parma PI to the northeast corner of Milliken Ave and Victoria Park Ln. The ground cover on the west side of Parma PI from Victoria Park Ln to Lomello Way. The Victoria Park Ln median from Milliken Ave to Pandino Ct. The Milliken Ave median from Victoria Park Ln to 440 feet south of Kenyon Way. The parkway on the west side of Milliken Ave from 420 feet south of Kenyon Way to Victoria Park Ln. Ground Cover area: 96,750 square feet Turf area: 77,461 square feet Hardscape area: 22,177 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 2 Page 715 VG -21 The ground cover on the east side of Parma PI from Victoria Park Ln to Lomello Way. The ground cover on the north side of Victoria Park Ln from Parma PI to 653 feet east of Kenyon Way. The turf on the north side of Victoria Park Ln from Parma PI to 547 feet east of Kenyon Way. The turf and ground cover on the south side of Victoria Park Ln from Fairmont Way to 422 feet east of Kenyon Way. The turf and ground cover on the east and west sides of Kenyon Way from Victoria Park Ln to the Southern Pacific Railroad. The paseo from Kenyon Way to Rapallo Dr. The paseo from Kenyon Way to Bari Dr. The Victoria Park Ln median from Pandino Ct to Portofino Dr. Ground Cover area: 85,865 square feet Turf area: 41,994 square feet Hardscape area: 34,478 square feet VG -22 The ground cover on the north side of Victoria Park Ln from 653 feet east of Kenyon Way to Rochester Ave. The turf on the north side of Victoria Park Ln from 547 feet east of Kenyon Way to Rochester Ave. The Victoria Park Ln median from Portofino Dr to Rochester Ave. The turf and ground cover on the south side of Victoria Park Ln north of the sidewalk from Kenyon Way to the east side of Vintage Park. The turf and ground cover on the south side of Victoria Park Ln from the east side of Vintage Park to Rochester Ave. The turf and ground cover on the west side of Rochester Ave from Victoria Park Ln to the Southern Pacific Railroad. Ground Cover area: 115,144 square feet Turf area: 57,927 square feet Hardscape area: 20,863 square feet VG -23 The turf and ground cover on the east side of Kenyon Way from Victoria Park Ln to 409 feet west of Grimaldi Rd. The ground cover on the south side of Portofino Dr from Kenyon Way to Bergano PI. The turf and ground cover on the north and south side of Lark Dr from Kenyon Way to the west property line of Rancho Cucamonga High School. The ground cover on the east and west side of Matera PI from Lark Dr to Pescara Rd. The ground cover on the north and south side of Grimaldi Rd from Kenyon Way to Brindisi Ct. The turf and ground cover on the west side of Kenyon Way from Lark Dr to Victoria Park Ln. The ground cover on the north and south side of Marcello Way from Kenyon Way to Landriano PI. The paseo from southwest corner of Kenyon Park to Kenyon Way. Ground Cover area: 63,733 square feet Turf area: 82,565 square feet Hardscape area: 39,297 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 16 Fiscal Year 2018/19 ATTACHMENT 2 Page 716 VG -24 The north side of Kenyon Way from Autumn Glen Ct to Woodruff PI. The east side of Woodruff PI from Kenyon Way to 403 feet north of Kenyon Way. 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 Rd from Kenyon Way to Highland Ave. The turf and ground cover on the south side of Highland Ave from the northwest corner of Tract 13440 to the east end of Tract 13440. Ground Cover area: 40,800 square feet Turf area: 24,134 square feet Hardscape area: 14,353 square feet VG -26 The paseo from Brindisi Ct to Messina PI. The turf and ground cover on the north side of Brindisi Ct to the end of the cul-de-sac. The turf and ground cover on the west side of Messina PI from the paseo to Treviso Way. Ground Cover area: 18,905 square feet Turf area: 1,141 square feet Hardscape area: 3,615 square feet VG -27 The Milliken Ave median from 440 feet south of Kenyon Way to Highland Ave. The parkway on the west side of Milliken Ave from 420 feet south of Kenyon Way. Ground Cover area: 4,030 square feet Turf area: 3,006 square feet Hardscape area: 4,222 square feet VG -28 The east side of Rochester Ave from Victoria Park Ln to Highland Ave. Ground Cover area: 60,902 square feet Hardscape area: 5,593 square feet VG -29 The north side of Kenyon Way from Milliken Ave to Fairmont Way. The groundcover on the east side of Fairmont Way, east of the sidewalk, from Kenyon Way to the 210 freeway. Ground Cover area: 20,178 square feet Turf area: 16,877 square feet Hardscape area: 5,736 square feet VG -30 The south side of Tresenda Dr from Santo PI to Sappada PI. The paseo from Sappada PI to Carano PI. The south side of Montella Dr from Carano PI to Trivento PI. Ground Cover area: 6,797 square feet Turf area: 2,462 square feet Hardscape area: 4,860 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 2 Page 717 VG -31 The east side of Brienza PI from Larino Dr to Letini Dr. The west side of Tindari PI from Letini Dr to Larino Dr. The greenbelt on the south side of Marconi PI from Trivento PI to Comiso Way. The east side of Comiso Way from Scalea PI to Santo PI. Ground Cover area: 23,419 square feet Turf area: 18,351 square feet Hardscape area: 13,764 square feet VG -32 The north side of Candela Dr from Terni PI to Bettola PI. Ground Cover area: 20,172 square feet Turf area: 8,190 square feet Hardscape area: 8,292 square feet VG -33 The paseo at the north end of Sapri PI 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 PI to the Southern Pacific Railroad. Ground Cover area: 894 square feet Hardscape area: 318 square feet VG -35 The east side of Rochester Ave from 555 feet south of Palmi Dr to Victoria Park Ln. The south side of Victoria Park Ln and median from Rochester Ave to east side of Deer Creek Channel. Ground Cover area: 53,646 square feet Turf area: 11,150 square feet Hardscape area: 17,555 square feet VG -36 The north side of Victoria Park Ln from the east side of Deer Creek Channel to Rochester Ave. Ground Cover area: 55,780 square feet Turf area: 10,500 square feet Hardscape area: 8,004 square feet VG -37 The paseo at the end of Ardmoor Ct to the Southern Pacific Railroad. Ground Cover area: 1,350 square feet Hardscape area: 950 square feet VG -38 The east side of Milliken Ave from 106 feet north of Victoria Park Ln to Kenyon Way. The north and south side of Spring Mist Dr from Milliken Ave to Summerstone Ct. The south side of Kenyon Way from Milliken Ave to Kenyon Park. Ground Cover area: 28,051 square feet Turf area: 4,533 square feet Hardscape area: 12,879 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 18 Fiscal Year 2018/19 ATTACHMENT 2 Page 718 VG -39 The north side of Victoria Park Ln from Kenyon Way paseo to 132 feet east of Milliken Ave. The Kenyon Way paseo from Victoria Park Ln to Fairwinds Ct. The paseo from Victoria Park Ln to the south west corner of Kenyon Park. Ground Cover area: 55,089 square feet Turf area: 13,120 square feet Hardscape area: 7,676 square feet VG -40 The south side of Highland Ave from 413 feet west of Highland Ave paseo to Highland Ave paseo. The east side of Highland Ave paseo from Highland Ave to Kenyon Way. The north side of Kenyon Way from Highland Ave paseo to Autumn Glen Ct. Ground Cover area: 56,553 square feet Hardscape area: 12,314 square feet VG -41 The west side of Rochester Ave from 294 feet south of Highland Ave to Lark Dr. The north side of Lark Dr from Rochester Ave to 1230 feet west of Rochester Ave. Ground Cover area: 31,413 square feet Hardscape area: 13,338 square feet VG -42 The south side of Highland Ave from 1314 feet west of Rochester Ave to Rochester Ave. The west side of Rochester Ave from Highland Ave to 294 feet south of Highland Ave. The north side of Highland Ave from Rochester Ave to Woodruff PI. Ground Cover area: 40,346 square feet Hardscape area: 15,445 square feet VG -43 The north side of Victoria Park Ln and the median from Day Creek Blvd to Day Creek Channel. The east and west side of Kensington PI from Victoria Park Ln to Stratford Dr. Ground Cover area: 70,669 square feet Turf area: 7,888 square feet Hardscape area: 18,426 square feet VG -44 The west side of Day Creek Blvd from 572 feet north of Silverberry St to Day Creek Blvd. The south side of Silverberry St from Kensington PI to Day Creek Blvd. Ground Cover area: 36,835 square feet Hardscape area: 24,376 square feet VG -45 The west side of Milliken Ave and the Milliken Ave median from the 210 freeway to Kenyon Way. Ground Cover area: 10,658 square feet Turf area: 610 square feet Hardscape area: 5,589 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 19 Fiscal Year 2018/19 ATTACHMENT 2 Page 719 VG -46 The Base Line Rd median from 657 feet east of Virginia PI to Rochester Ave. The north side of Base Line Rd from 278 feet east of Virginia PI to Rochester Ave. The paseo from the northeast corner of Rochester Ave and Base Line Rd to Huntley Dr. The east side of Rochester Ave from Base Line Rd to 105 feet north of Shenandoah Dr. Ground Cover area: 33,135 square feet Hardscape area: 19,340 square feet VG -47 The north side of Base Line Rd from 400 feet east of Day Creek Blvd to Day Creek Blvd. Base Line Rd median from Day Creek Blvd to 595 feet east of Day Creek Blvd. Ground Cover area: 9,515 square feet Hardscape area: 7,926 square feet VG -48 The east side of Day Creek Blvd and median from Base Line Rd to Victoria Park Ln. The south side of Victoria Park Ln from Day Creek Blvd to 390 feet east of Day Creek Blvd. Ground Cover area: 50,318 square feet Turf area: 3,234 square feet Hardscape area: 29,217 square feet VG -49 The north side of Victoria Park Ln and median from 390 feet east of Day Creek Blvd to Day Creek Blvd. The east side of Day Creek Blvd from Victoria Park Ln to Highland Ave. The south side of Highland Ave from Day Creek Blvd to 440 feet east of Day Creek Blvd. Ground Cover area: 51,459 square feet Turf area: 3,930 square feet Hardscape area: 32,296 square feet VG -50 The west side of San Carmela Ct from 389 feet north of Base Line Rd to Base Line Rd. The north side of Base Line Rd from Carmela Ct to 264 feet west of Durness PI. Ground Cover area: 18,043 square feet Hardscape area: 12,383 square feet VG -51 The Paseo south of Saxon Dr to Southern Pacific Railroad. Ground Cover area: 1,398 square feet Hardscape area: 969 square feet VG -52 The north side of Sugar Gum St from Milliken Ave to Kensington PI. The south side of Sugar Gum St from Milliken Ave to 111 feet east of Suffolk PI. Ground Cover area: 4,362 square feet Hardscape area: 3,325 square feet Landscape Maintenance District No. 2 — City of Rancho Cucamonga 20 Fiscal Year 2018/19 ATTACHMENT 2 Page 720 VG -53 The south side of Victoria Park Ln from 296 feet west of Kensington PI to Milliken Ave. The west side of Day Creek Blvd from Victoria Park Ln to 397 feet south of Sugar Gum St. Ground Cover area: 28,532 square feet Turf area: 11,070 square feet Hardscape area: 7,720 square feet VG -54 The east side of Rochester Ave from Shenandoah Dr to the Southern Pacific Railroad. Ground Cover area: 6,864 square feet Hardscape area: 5,136 square feet VG -55 The paseo north of Westhaven PI to the Southern Pacific Railroad. Ground Cover area: 1,775 square feet Hardscape area: 2,575 square feet VG -56 The south side of Highland Ave from 1,317 feet west of Day Creek Blvd to 1,085 feet west of Day Creek Blvd including the non -irrigated slope on the south side of the sidewalk. Ground Cover area: 5,274 square feet Hardscape area: 1,761 square feet VG -57 The north side of Highland Ave from Fairmont Way to the Day Creek Channel. Ground Cover area: 16,157 square feet Hardscape area: 17,405 square feet 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 21 Fiscal Year 2018/19 ATTACHMENT 2 Page 721 i2 a,s �R3��aB� ar Mal; gg SqA � r 3coil, IR BI Milliken Av < � ? � G7 N l A / R <•< V W <1 �w�� 0 0 '< < < Rochester Av 91 l=•� •Gi 0 G1; 0 w •< !< � i 0W W • N I•�N Wl O L �l1� •g •� • � A 41 \qAvL— 1191:5 East Av • • Landscape Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2018/19 A 9 0_j 22 ATTACHMENT 2 Page 722 ii I cr CD N � East Av • • Landscape Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2018/19 A 9 0_j 22 ATTACHMENT 2 Page 722 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 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 544,690 Overtime Salaries 1,090 Part-time Salaries 90,220 Fringe Benefits 273,240 Subtotal - Personnel 909,240 Operations and Maintenance: Operations and Maintenance: O & M/General 86,150 Vehicle Operations and Maintenance 5,000 Emergency Equipment and Vehicle Rental 200 Subtotal - Operations and Maintenance 91,350 Contract Services: Contract Services/General 1,365,910 Tree Maintenance 163,340 Subtotal - Contract Services 1,529,250 Utilities: Water Utilities 776,530 Electric Utilities 90,520 Subtotal - Utilities 867,050 Assessment Administration 31,390 Adm in./General Overhead 280,010 Interfund Allocation 78,000 Subtotal - Operations and Maintenance 2,877,050 Capital Expenditures: Captial Outlay - Equipment 6,000 Captial Projects 110,000 Subtotal - Capital Expenditures 116,000 Total Expenditures Budget $ 3,902,290 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 23 Fiscal Year 2018/19 ATTACHMENT 2 Page 723 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 3,496,470 Anticipated Prior Year Delinquencies Collection 34,730 Subtotal - Taxes 3,531,200 Other Revenues: Interest Earnings 46,380 Park Maintenance Fees 2,000 Subtotal - Other Revenues: 48,380 Transfer In: Transfer In - General Fund 299,540 Total Revenues Budget $ 3,879,120 Contribution to/(Use of) Fund Balance $ (23,170) Total Gross Estimated Assessments $ 3,531,454.40 Total District EBU Count 77,113.24 Actual Assessment per EBU - Fiscal Year 2018/19 $ 45.80 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 45.80 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, 2018 $ 3,169,103 Contribution to Reserve - Fiscal Year 2018/19 (23,170) Estimated Reserve Fund Balance, June 30, 2019 $ 3,145,933 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 24 Fiscal Year 2018/19 ATTACHMENT 2 Page 724 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget for the maintenance and servicing of the improvements: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Contract Services: This item includes the contract costs of a landscape maintenance company responsible for the ongoing maintenance of the District improvements. Utilities: This item includes the costs to furnish electricity, water, and telephone services, as required, for the operation and maintenance of the sprinklers and irrigation controllers in the District. Assessment Administration: This item includes the cost of all particular departments and staff of the City, as well as consultants, for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include new monuments, irrigation systems, and other large improvements. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). Landscape Maintenance District No. 2 — City of Rancho Cucamonga 25 Fiscal Year 2018/19 ATTACHMENT 2 Page 725 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 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 26 Fiscal Year 2018/19 ATTACHMENT 2 Page 726 design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for and access to existing businesses, but also is a proven method for attracting new development (Pugliese, 2008). Street Landscaping The overall appeal and safety of an area is enhanced when landscaping improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal and safety decreases when landscaping is overgrown, unsafe or destroyed by the elements or vandalism. • Improved Aesthetics: Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the boundaries of the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements within the District. According to the Victoria Transport Policy Institute (2011), streetscapes have a significant effect on how people view and interact with their community. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents to the community. • Increased Safety: Safety for pedestrians involves not only a degree of protection from vehicular accidents, but also from criminal activity. Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study has found that after landscape improvements were installed, there was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid -block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant -less spaces (Wolf, 2010). The Victoria Transport Policy Institute (2011) has found that streetscapes reduce traffic speeds, and when combined with improved pedestrian crossing conditions, can significantly reduce collisions. Furthermore, maintained sidewalks and trails increase pedestrian safety by reducing the number of trips and falls from those using the improvements. • Economic Activity: Well-maintained street landscape improvements not only make adjacent properties appear more stable and prosperous, but can spur investment in the property. According to the FHWA, landscaped sidewalks create an inviting place for customers to shop and do business (FHWA, 2001). Parks Park facilities enhance the overall quality of an area and are an important component of complete and sustainable neighborhoods. Neighborhood parks offer both active and passive recreational opportunities: a place to play, exercise, spend time with neighbors, or relax. The parks within the District are developed and maintained to appeal to all age groups and interests, Landscape Maintenance District No. 2 — City of Rancho Cucamonga 27 Fiscal Year 2018/19 ATTACHMENT 2 Page 727 and promote a healthy community. Recreation and park facilities have proven to be a potent factor in maintaining a high standard of livability in the community. • Improved Aesthetics. The park improvements provide beautification, shade and enhancement to properties, which creates a sense of community for the parcels within the District. The overall appeal and desirability of an area is enhanced when public parks and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, appeal and desirability decrease when park and recreational facilities are unsafe or destroyed by the elements or vandalism. According to The Trust for Public Land, Corporate CEOs say that employee quality of life is the third most important factor in locating new businesses (Harnik and Welle, n.d.). • Economic Activity: Parks attract both businesses and residents to communities. According to The Trust for Public Land, small company owners say recreation, parks and open spaces in close proximity to properties used for business purposes are the highest priority in choosing a new location for their businesses. As a result of the collective improvements (sidewalks, community trails, street landscaping and parks) being maintained, the overall livability for properties within the District will increase. Livability encompasses several qualities and characteristics that are unique to a specific area. The Victoria Transport Policy Institute (2011) expands on the concept of livability and the various benefits associated with that designation: The livability of an area increases property desirability and business activity. Livability is largely affected by conditions in the public realm, places where people naturally interact with each other and their community, including streets, parks, transportation terminals and other public facilities. Livability also refers to the environmental and social quality of an area as perceived by employees, customers and visitors. This includes local environmental conditions, the quality of social interactions, opportunities for recreation and entertainment, aesthetics, and existence of unique cultural and environmental resources. Quantification of Benefit As a result of the District maintenance and servicing activities, there will be a level of general benefits to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the District maintenance and servicing activities, general benefits provided by the ongoing maintenance and servicing of the improvements needs to be quantified. The amount of general benefit that is provided from the District maintenance activities cannot be funded via property owners' assessments. The District currently consists of 5,890 single family residences, 592 condominium units, 589 multi -family (apartment) units, 42.33 acres of commercial property, 4 schools, 1 Church, 1 fire Landscape Maintenance District No. 2 — City of Rancho Cucamonga 28 Fiscal Year 2018/19 ATTACHMENT 2 Page 728 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 District. However, two of the schools include areas outside of the District as part of their school district boundaries. The primary reason persons living outside the District would enter the District would be to access the schools. Therefore, we must consider the school district boundary areas outside of the District when analyzing the pedestrian traffic that may use the sidewalks and community trails within the District. The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S. Department of Transportation Federal Highway Administration (FHWA, 2011) analyzed the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation (FHWA, 2011). According to the U.S. Census Bureau (2010), the average household size in the City is 2.98 persons. Based on this average household size, and considering there are 6,957 residential units within the District, there are approximately 20,732 people residing within the District boundaries. There are an estimated 12,000 residential units within the school district boundaries that are not within the boundaries of the District. Based on the City's average household size, there are approximately 35,760 persons residing outside of the District boundaries, but within the school district boundaries. The following shows the estimated number of residential units and persons within the school district boundaries and either within or outside the District boundaries: School District Population Estimated Number of Residential Units Estimated Number of Persons Within District Boundaries 6,957 20,732 Outside District Boundaries 12,000 35,760 Total Population 18,957 56,492 In order to determine the estimated total number of persons who are within close proximity to the sidewalk and trail improvements, and would utilize walking as their mode of transportation, we applied the 11.70% of person trips reported from the NHTS Pacific Division study, to the total number of persons within District and school district boundaries (56,492). There are Landscape Maintenance District No. 2 — City of Rancho Cucamonga 29 Fiscal Year 2018/19 ATTACHMENT 2 Page 729 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. In order to obtain a better picture of the overall level of general benefit provided by the sidewalk and community trail improvements, the pedestrian traffic that utilizes walking as the mode of transportation that will seek out and use sidewalks and community trails within the District's boundaries, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 21,252 (in millions) reported walking trips. Based on the property types within the District, people utilizing the sidewalks and community trails within the District would most likely do so for the following reasons: walking to school, day care or religious activity, social or recreational activities, and shopping or running errands. The following details the number of walking trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the sidewalk and community trail improvements within the District: Trip Purpose Estimated Number School District Population of Persons Within District Boundaries 2,426 Outside District Boundaries 4,184 Total Population — uses walking as 6,610 primary mode of transportation 9,099 In order to obtain a better picture of the overall level of general benefit provided by the sidewalk and community trail improvements, the pedestrian traffic that utilizes walking as the mode of transportation that will seek out and use sidewalks and community trails within the District's boundaries, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 21,252 (in millions) reported walking trips. Based on the property types within the District, people utilizing the sidewalks and community trails within the District would most likely do so for the following reasons: walking to school, day care or religious activity, social or recreational activities, and shopping or running errands. The following details the number of walking trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the sidewalk and community trail improvements within the District: Trip Purpose Number of Walking Trips (in millions) School/Daycare/Religious Activity 872 Shopping/Errands 5,820 Social/Recreational 2,268 Don't know/Other 139 Total 9,099 Of the total number of walking trips reported, 9,099 (in millions) or 42.81% are for purposes that persons outside of the District would utilize the sidewalk and trail improvements within the District. Applying this percentage (42.81°/x) 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 30 Fiscal Year 2018/19 ATTACHMENT 2 Page 730 School District Boundary General o Benefit 3.17/o Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the sidewalks and trails within the District, but would use those proximate to their own properties. The City has regional trails that connect different areas of the City, and those trails do appeal to and attract other residents of the City as well as residents that live outside the City. Nevertheless, it is likely that certain members of the public at large use the sidewalks or community trails within the District. As such, we have assigned a 1.00% general benefit for the sidewalk and community trails to the public at large. Public at large General Benefit 1 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 1 4.17% Street Landscaping Based upon the City's General Plan (2010) Roadway Hierarchy, the streets within the District are classified into one of the following categories: arterial, collector, or local (minor) streets. The majority of street landscaping is located along roads classified as collector and local streets and primarily situated within the public right-of-ways of the internal local street network. A portion of the maintained landscaping is, however, located along the arterial streets, and, as such, provides some general benefit to pass-through traffic. Local Streets For purposes of determining general and special benefits, all streets within the District other than the specific streets listed as collector and arterial streets below are considered local streets. The local streets within the District were intended to serve individual neighborhoods and not to be pass-through streets, but cul-de-sacs or loop roads to reduce through traffic (Victoria Community Plan, 1980). In addition, according to the City's General Plan (2010), the primary intended purpose of local streets is to serve fronting properties. From a visual inspection of the layout of the District one must conclude that the purpose of the local streets is exclusively intended for the benefit of the parcels on such streets. There is no local street that provides a direct or efficient means of traveling from one place to another such that one could reasonably expect a driver to purposefully choose the District's local streets as the best route for travel unless necessary because the route either began or ended with a parcel in the District. A route beginning or ending with a parcel within the District does not include the "general public" for purposes of determining general benefit. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 31 Fiscal Year 2018/19 ATTACHMENT 2 Page 731 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 1 2.00% Collector Streets: Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St Because of the similarities in use, layout, type, and designation, the benefits of Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St are considered to be equal. Etiwanda Ave, Highland Ave and Church St border the District and are used as the main access to and from properties within the District. Victoria Park Ln serves as the main access point to each of the four schools and is the connector street running through the District. Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St connect the various neighborhoods, schools and parks within the District in addition to providing circulation between the local streets and the arterial network. As such, we must also consider the neighborhoods that surround the District and are within the school district boundaries, but not within the actual District when analyzing vehicle traffic that may use the streets within the District. The City's Traffic Study (2009) does not include the traffic volume and number of daily trips on the connector streets within the District. As such a study is unavailable at this time we have use the NHTS Pacific Division data in order to estimate the number of drivers who use the streets within the District. According to the Pacific Division data extracted from the NHTS database, of the annual 181,703 (in millions) total person trips, 152,827 (in millions) or 84.11 % of those trips were made using a personal motor vehicle (FHWA, 2011). According to the 2001 National Household Travel Survey, household file, U.S. Department of Transportation (2001), the mean drivers per household is 1.75. Based on the drivers per household average, and considering the 6,957 households within the District, there are approximately 12,175 drivers within the District. There are an estimated 12,000 residential units within the school district boundaries that are not within the boundaries of the District. Based on the drivers per household average, there are approximately 21,000 additional drivers that reside outside of the District boundaries, but are in close proximity to the District. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 32 Fiscal Year 2018/19 ATTACHMENT 2 Page 732 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. In order to obtain a better picture of the overall level of general benefit provided by the improvements, the vehicle traffic that will seek out and use the collector streets to access parcel's within the District, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 152,827 (in millions) reported vehicle trips. Based on the property types within the District, people utilizing the collector streets to access properties within the District would most likely do so for the following reasons: attend school, day care or religious activity, social or recreational activities, and to shop or run errands. The following details the number of vehicle trips for each of the activities that are the most likely reasons people outside of the District would use the collector streets to access properties within the District: Trip Purpose Estimated Number School District Population of Persons Within District Boundaries 10,240 Outside District Boundaries 17,663 Total Population — uses personal vehicle 27,903 as primary mode of transportation 54,341 In order to obtain a better picture of the overall level of general benefit provided by the improvements, the vehicle traffic that will seek out and use the collector streets to access parcel's within the District, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the 152,827 (in millions) reported vehicle trips. Based on the property types within the District, people utilizing the collector streets to access properties within the District would most likely do so for the following reasons: attend school, day care or religious activity, social or recreational activities, and to shop or run errands. The following details the number of vehicle trips for each of the activities that are the most likely reasons people outside of the District would use the collector streets to access properties within the District: Trip Purpose Number of Vehicle Trips (in millions) School/Daycare/Religious Activity 6,470 Shopping/Errands 30,998 Social/Recreational 16,185 Don't know/Other 688 Total 54,341 Of the total number of vehicle trips reported, 54,341 (in millions) or 35.56% are for purposes that persons outside of the District would most likely utilize the collector streets within the District. Applying this percentage to the number of people using vehicles as their primary mode of Landscape Maintenance District No. 2 — City of Rancho Cucamonga 33 Fiscal Year 2018/19 ATTACHMENT 2 Page 733 transportation and live outside of the District (17,663), but would use Victoria Park Ln, Etiwanda Ave, Highland Ave or Church St as a connector to their destination within the District, there are approximately 6,281 people using the maintained streets for general benefit purposes. The persons engaging in general benefit activities represents 18.93% of the total estimated drivers (33,175), and is therefore considered to be District general benefit. As previously mentioned, the local street special benefit has been estimated at 98.00% and, as such, the estimated minimum special benefit of Victoria Park Ln, Etiwanda Ave, Highland Ave and Church St should be reduced by 2.00% to account for that portion of traffic using local streets representing general benefit. Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the street landscaping improvements on collector streets is estimated to be 20.93% and the special benefit is estimated to be 79.07%. Collector Street General Benefit 20.93% Arterial Streets: Milliken Ave, Base Line Rd, Day Creek Blvd and Rochester Ave Arterial streets are intended to provide a higher degree of mobility and generally serve longer vehicle trips. The arterial streets with landscape improvements serve not only residents in the immediate vicinity, but persons who live outside of the District and are passing by. The City's Traffic Study (2009) does not identify the percentage of traffic on arterial streets, which is pass- through traffic. Before we determine and allocate the percentage of special and general benefit for the arterial streets, we must first compute the estimated pass-through traffic. In lieu of having a study that identifies the pass-through traffic on the arterial streets, the estimated number of special benefit trips on the collector streets has been used since in order to enter or exit the District, a vehicle must travel on one of the arterial streets listed below. Per the City's General Plan (2010), collector streets have an estimated 5,000 to 20,000 vehicles per day, for an average of 12,500. Taking the 12,500 average daily trips for collector streets, 2,616 trips (20.93%) are for general benefit purposes, and 9,884 trips (79.07°/x), is deemed to be for special benefit purposes. Estimated Number of Trips Collector Street Special Benefit — 79.07% 9,884 Collector Street General Benefit — 20.93%' 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 34 Fiscal Year 2018/19 ATTACHMENT 2 Page 734 Street Name Average Number of Vehicles per Dayl Milliken Ave 30,400 Base Line Rd 19,140 Day Creek Blvd 25,000 Rochester Ave 12,500 (1) Average Number of Vehicles per Day is from the City's Traffic Study for Milliken Ave and Base Line Rd, (average based on City's Traffic Study at points of street within the District), and from the City's General Plan for Day Creek Blvd and Rochester Ave. Based on the estimated number of 9,884 trips for special benefit purposes, we then reduce the average number of vehicles for each arterial street, to calculate our estimated pass-through trips. The pass-through trips are vehicles driving along the maintained streets within the District for a portion of their trips, but not residing in the District or benefiting from the landscaping improvements in place. Street Name Average Number of Vehicles per Day Less: Estimated Special Benefit Trips Estimated Number of Pass Through Trips Estimated % General Benefit Milliken Ave 30,400 9,884 20,516 67.49% Base Line Rd 19,140 9,884 9,256 48.36% Day Creek Blvd 25,000 9,884 15,116 60.47% Rochester Ave 12,500 9,884 2,616 20.93% Although Rochester Ave is listed as an arterial, the City's General Plan (2010) Roadway Hierarchy includes this street as a Tertiary Travel Corridor, which categorizes the street as more locally oriented and locally travelled. In addition, the Roadway Hierarchy says that the typical number of vehicles per day is between 10,000 and 15,000 (average 12,500). Etiwanda Avenue and Church St are also included in the category, and as such, the general benefit trip percentage is close to the same as for the collector streets. As previously mentioned, the estimated minimum special benefit of Milliken Ave, Base Line Rd, Day Creek Blvd and Rochester Ave have already been reduced by 2% to account for that portion of traffic using local streets representing general benefit. Street Landscaping General Benefit Percentage The general benefit percentages determined in the previous sections were then applied to each type of road in the District. The area in square feet of landscaping being maintained in the District was determined by the City's Public Works Department. The general benefit percentage for each road and street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the overall general benefit percentage. The following table details this calculation. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 35 Fiscal Year 2018/19 ATTACHMENT 2 Page 735 Street Name Street Type (1) Total Square Footage General Benefit Percentage General Benefit Square Footage Milliken Ave Arterial 265,926 67.49% 179,473 Base Line Rd Arterial 367,018 48.36% 177,490 Day Creek Blvd Arterial 263,062 60.47% 159,074 Rochester Ave Arterial 175,573 20.93% 36,747 Church St Collector 181,344 20.93% 37,955 Etiwanda Ave Collector 10,358 20.93% 2,168 Highland Ave Collector 290,275 20.93% 60,755 Victoria Park Ln Collector 1,348,966 20.93% 282,339 Local/Minor Streets Local/Minor Streets 2,912,709 2.00% 58,254 Totals: 994,255 Street Landscaping General Benefit 1 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 36 Fiscal Year 2018/19 ATTACHMENT 2 Page 736 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. 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% Landscape Maintenance District No. 2 — City of Rancho Cucamonga 37 Fiscal Year 2018/19 ATTACHMENT 2 Page 737 Estimated Number of One -Half Mile People Using Park Population 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% Landscape Maintenance District No. 2 — City of Rancho Cucamonga 37 Fiscal Year 2018/19 ATTACHMENT 2 Page 737 Based on the above calculations, the general benefit portion of the improved aesthetics and economic activity benefits resulting from the park improvements is estimated to be 4.60% and the special benefit is estimated to be 95.40%. Park General Benefit 4.60% Collective General Benefit Since the District is comprised of improved aesthetics, increased safety and economic activity benefits resulting from a blend of improvements (sidewalks, trails, street landscaping and parks), the activity of both pedestrians and vehicles must be addressed in a collective form rather than independently. Therefore, the arithmetic mean of the general benefit percentages has been used to quantify the overall level of general benefit for the District. This general benefit result is provided in the table below: Sidewalk and Trail General Benefit 4.17% Street Landscaping General Benefit 17.10% Park General Benefit 4.60% District General Benefit 8.62% The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 8.62%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 91.38%. METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act, Article XIII D of the California Constitution, and the Proposition 218 Omnibus Implementation Act, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by local agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping improvements. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: Landscape Maintenance District No. 2 — City of Rancho Cucamonga 38 Fiscal Year 2018/19 ATTACHMENT 2 Page 738 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. 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 39 Fiscal Year 2018/19 ATTACHMENT 2 Page 739 The total costs of maintenance and operation, less the amount of general benefits identified, will be assessed to the parcels within the District based on the estimated benefit units assigned to each parcel. To assess special benefits appropriately, it is necessary to relate parcels of different land uses and development status to each other. The benefit unit method of apportionment uses the single family home as the basic unit of assessment since there is a total of 5,890 single family parcels within the District which represents 90.96% of the total assessable parcels within the District. The following shows how each parcel's benefit units have been determined. Aesthetic Benefit Points Aesthetic Benefit Points are assigned based upon the property's proximity to the improvements as well as the property's existing land use. All Single Family Residential parcels are located within the same proximity to the collective improvements (sidewalks, community trails, street landscaping and one-half mile from one of the parks). Each Single Family Residential parcel is fronted by sidewalk improvements, is within a one-half mile from one of the neighborhood parks, and uses the roads with street landscaping to enter and exit the District. In addition, the community trails are located throughout the District and serve as connectors between the different neighborhoods, school and shopping locations. All properties are within similar proximity to the trail improvements. Many trails are located along the sidewalks and streets, and all properties within the District have access to the trails through the various access points located throughout the entire District. The Single Family Residential parcels within the District are relatively similar in both building size and lot size. Since the improvements are provided uniformly throughout the District, Single Family Residential parcels are assigned 4.00 aesthetic benefit points, one for each of the improvement types. Multi -Family and Condominium parcels are within close proximity to the sidewalks, and receive the benefit of having maintained sidewalks for users to travel and access the property. Although these parcels benefit from the aesthetics of the sidewalks they do not receive the same benefit as Single Family Residential parcels, since Multi -Family and Condominium parcels do not have continuous sidewalk improvements along the frontage of each parcel/unit. Multi -Family and Condominium parcels are within a one-half mile of the neighborhood parks, use the roads with street landscaping to enter and exit their housing complexes within the District, and are in close proximity to the trail improvements. Accounting for the lower average household size of Multi - Family and Condominium parcels, and not having continuous sidewalk improvements directly fronting their property/unit, these properties have a reduced level of benefit from the improvements. Multi -Family and Condominium parcels are assigned 2.80 benefit points. Maintained sidewalks and street landscaping create an aesthetically pleasing environment for both employees and patrons of commercial properties. The overall aesthetics, interest and desirability of commercial properties within the District increase, as a result of the maintenance and servicing of the collective improvements. Based on the City's Land Use Plan and residential designations of homes within the District, there is an average of six Single Family Residential properties per acre within the District (General Plan, 2010). However, given the nature of their property use type, Commercial properties do not receive the same level of benefit Landscape Maintenance District No. 2 — City of Rancho Cucamonga 40 Fiscal Year 2018/19 ATTACHMENT 2 Page 740 from the trail and park improvements in relationship to residential land uses. Commercial properties are assigned 16.00 benefit points. A handful of parcels within the District are used to provide public services (such as fire stations, schools, churches and other similar uses) to the surrounding community, and are located based upon their proximity to the parcels they serve. These parcels benefit from the collective improvements in place, but at a reduced level compared to a Single Family Residential parcel, due to the nature of the improvements and their land use. In addition, these public service parcels are in place for the surrounding community, and the existence of well-maintained parks, street landscaping and community trails is not a significant factor in the decision to locate those facilities. Given the nature of their property use types, these public service parcels are assigned a 1.00 benefit points in recognition of the limited benefit they receive from the improvements maintained by the District. Undeveloped parcels within the District receive an aesthetic benefit from the maintenance of the collective improvements, but given the very limited activity and pedestrian access that these properties provide, properties within this land use category receive a reduced level of benefit. To account for this reduced benefit, all undeveloped properties are assigned 0.40 benefit points. Common area, roads and easements are deemed to receive no benefit from the District maintenance activities because they serve as connectors for other properties and do not receive benefit from the increased aesthetics. Utility parcels are located based on their proximity to the parcels they serve, and based upon their property usage (wireless towers, flood control basins and fire trail/access roads) do not benefit from the increased aesthetics. The following shows the aesthetic benefit points assigned to the parcel land use categories within the District: Parcel Land Use Category Aesthetic Benefit Points Single Family Residential 4.00 Condominium Residential 2.80 Multi -Family Residential 2.80 Commercial/Industrial 16.00 Public Service Parcels — Church/Fire Station/School 1.00 Undeveloped 0.40 Common Area/Roads/Easements/Utility 0.00 Landscape Maintenance District No. 2 — City of Rancho Cucamonga 41 Fiscal Year 2018/19 ATTACHMENT 2 Page 741 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. 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: Landscape Maintenance District No. 2 — City of Rancho Cucamonga 42 Fiscal Year 2018/19 ATTACHMENT 2 Page 742 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. 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. Landscape Maintenance District No. 2 — City of Rancho Cucamonga 43 Fiscal Year 2018/19 ATTACHMENT 2 Page 743 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 for non-residential parcels would not accurately reflect the amount of development and Landscape Maintenance District No. 2 — City of Rancho Cucamonga 44 Fiscal Year 2018/19 ATTACHMENT 2 Page 744 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 Parcel's Total Parcel Benefit Units = Special Benefit X Factor Points Total Special Benefit Units The total special benefit units for the District at this time are 77,113.24 Data Considerations and Parcel Changes The use of the latest Assessor's Secured Roll information has been and shall be used in the future as the basis in determining each parcel's land use category, units and lot size (acreage), unless better data was or is available to the City. In addition, if any parcel within the District is identified by the Auditor/Controller to be an invalid parcel number, the land use category, units and lot size (acreage) of the subsequent valid parcels shall serve as the basis in assigning parcel factor special benefit units. If a single parcel changes to multiple parcels, the special benefit units shall be recalculated based on the property type, number of units and acreage data for the new parcels, rather than each new parcel receiving a proportionate share of the original assessment. Special Considerations: Publicly Owned Parcels Any publicly owned parcels that benefit from the improvements cannot be exempt from the assessment. The special benefits accruing to these types of parcels must be determined using the same kind of formulas and benefit point assignment as applied to privately owned parcels. This requirement is clearly conveyed in Article XIII D, Section 4(a) of the California Constitution which states in part, "... Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can Landscape Maintenance District No. 2 — City of Rancho Cucamonga 45 Fiscal Year 2018/19 ATTACHMENT 2 Page 745 demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit." Publicly owned parcels are categorized and assigned benefit units using the same methodology as privately owned parcels, based on their land use as shown on the latest County Secured Roll. Rate per Benefit Unit The assessment rate per special benefit unit is calculated by dividing the total cost estimate to be assessed by the total special benefit units assigned to the parcels in the District. The following formula provides the assessment rate per special benefit unit calculation: Rate per 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 (B) C Parcel's Total - Parcel's Total X Parcel Benefit Units Special Benefit Factor Points (B) Parcel's Parcel's Parcel's Parcel's Total Special Benefit Aesthetic + Safety + Economic Points Benefit Points Benefit Points Benefit Points (C) Residential Parcel Factor = Units Parcel Factor Non -Residential Parcel Factor = Acreage Applying the Method of Assessment Spread The maximum assessment for each parcel in the District is calculated by the following procedure: Step 1: Assign each parcel its appropriate land use category based on the most recent San Bernardino County Assessor's Secured Roll data. Landscape Maintenance District No. 2 - City of Rancho Cucamonga 46 Fiscal Year 2018/19 ATTACHMENT 2 Page 746 Step 2: Step 3: Step 4: 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 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 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 47 Fiscal Year 2018/19 ATTACHMENT 2 Page 747 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 = Acreage Factor 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 48 Fiscal Year 2018/19 ATTACHMENT 2 Page 748 Proposed Maximum Assessment Rates The Fiscal Year 2018/19 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 2018/19, the calculation is as follows: Maximum Assessment _ Special Benefit / District's Total per Benefit Unit to be Assessed Benefit Units $45.80 = $3,531,786.39 / 77,113.24 Parcel Land Use Category Total Benefit Points Parcel Factor Maximum Allowable Assessment for 2018/19 Single Family Residential 11.00 Parcel $503.80 Condominium Residential 8.10 Unit 370.98 Multi -Family Residential 7.70 Unit 352.66 Commercial/Industrial 52.00 Acre 2,381.60 Public Service Parcels - Church/ Fire Station/ School 3.00 Acre 137.40 Undeveloped 2.20 Acre 100.76 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 2018/19 will increase from $489.17 to $503.80 per single-family residence, a rate increase of 3.0% as compared to Fiscal Year 2017/18. The proposed Fiscal Year 2018/19 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 49 Fiscal Year 2018/19 ATTACHMENT 2 Page 749 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 50 Fiscal Year 2018/19 ATTACHMENT 2 Page 750 a D o 90.ail Grove Av Vineymard Av A � a Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av A S2 East Av 0 N CL � 1 Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av Landscape Maintenance District No. 2 — City of Rancho Cucamonga 51 Fiscal Year 2018/19 ATTACHMENT 2 Page 751 Milliken Av Rochester Av Creek,Bl 1 v O• Etiwanda Av! i cD (D m D o 00 v �. o i Z a r (D O CL '! 0 Cherry Av o n r� w O Landscape Maintenance District No. 2 — City of Rancho Cucamonga 51 Fiscal Year 2018/19 ATTACHMENT 2 Page 751 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 $45.80 5,890.00 64,790.00 $2,967,205.30 Condominium Residential 45.80 592.00 4,795.20 219,472.16 Multi -Family Residential 45.80 589.00 4,535.30 207,716.74 Commercial/ Industrial 45.80 42.33 2,722.98 124,716.85 Public Service Parcels — Church/Fire Station/ School 45.80 70.271 210.82 9,646.07 Undeveloped 45.80 36.99 58.94 2,697.28 Total 7,220.59 77,113.24 $3,531,454.40 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 2018/19: APN Annexation Date Project Name Total Units/Acres Total EBUS Property Type 1089-031-37 02/15/17 PM 19637 10.04 522.08 Commercial Landscape Maintenance District No. 2 — City of Rancho Cucamonga 52 Fiscal Year 2018/19 ATTACHMENT 2 Page 752 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 3A (Hyssop) Page 753 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 Page 754 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 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 12 ASSESSMENT ROLL AND ANNEXATIONS 14 Assessment Roll 14 Page 755 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 Operations and Maintenance Total Expenditures Budget Revenues Taxes: Estimated Assessments Other Revenues: Interest Earnings Total Revenues Budget Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU Fiscal Year 2018/19 Budget $ 10,050 10,050 3,690 530 4,220 $ (5,830) $ $ 9.00 413.74 413.74 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 3 Page 756 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the 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. 3A — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 3 Page 757 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally, describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 3A — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 3 Page 758 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 Dr south of 6th St. 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 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 3 Page 759 use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location J-1 The west side of Hyssop Dr from south of 6th St 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 2018/19 ATTACHMENT 3 Page 760 I MillikenAv lk 51 j Y 1 1 1 1 r >y 1 Charles Smith Av N 1 n O( � 1 w >y I m n j w n I � 1r 0 (D o 2.m a CD W = v, D r— m ._._._._._._._.Etiwanda Av,_,_�_._._,_._._._._._._._. m Landscape Maintenance District No. 3A — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 3 Page 761 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 Total Expenditures Budget 10,050 Revenues Taxes: Estimated Assessments $ 3,690 Other Revenues: Interest Earnings 530 Total Revenues Budget $ 4,220 Contribution to/(Use of) Fund Balance $ (5,830) Total Gross Estimated Assessments $ 3,723.66 Total District EBU Count 9.00 Actual Assessment per EBU - Fiscal Year 2018/19 $ 413.74 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 413.74 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 3 Page 762 Fiscal Year 2018/19 Budget Expenditures Operations and Maintenance: Operations and Maintenance: O & M/General $ 1,250 Contract Services: Contract Services/General 5,030 Tree Maintenance 900 Subtotal - Contract Services 5,930 Utilities: Water Utilities 1,320 Electric Utilities 900 Subtotal - Utilities 2,220 Assessment Administration 50 Adm in./General Overhead 600 Subtotal - Operations and Maintenance 10,050 Total Expenditures Budget 10,050 Revenues Taxes: Estimated Assessments $ 3,690 Other Revenues: Interest Earnings 530 Total Revenues Budget $ 4,220 Contribution to/(Use of) Fund Balance $ (5,830) Total Gross Estimated Assessments $ 3,723.66 Total District EBU Count 9.00 Actual Assessment per EBU - Fiscal Year 2018/19 $ 413.74 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 413.74 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 3 Page 762 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, 2018 $ 34,170 Contribution to Reserve - Fiscal Year 2018/19 (5,830) Estimated Reserve Fund Balance, June 30, 2019 $ 28,340 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. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 3 Page 763 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 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". Landscape Maintenance District No. 3A — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 3 Page 764 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 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. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 3 Page 765 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; 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 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 3 Page 766 following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Non -Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. 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 2018/19 ATTACHMENT 3 Page 767 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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 2018/19 ATTACHMENT 3 Page 767 Landscape Maintenance District No. 3A — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 3 Page 768 Milliken AV i .�._.._.._.._.J Milliken AV i la?Y;y_ A fCL WCD ! 3 a3 $$dal, �1 IN a o61;�•e D o W 0 x W a 00 0 � Rochester AV u 3e@ 8 rs oo 1a3 Grove Av ;—••--•---•--•�.� rn n . IFa41g�}3a3��$gga - " ! !.. •Day j }; l; I Carnelian St Vineyard AV Creek BI A � Hellman Avg i Hellman AV I Archibald AV yy ! =Archibald AV ! 1� Hermosa AV i Hermosa AV 1 Haven Av! j Haven AV Landscape Maintenance District No. 3A — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 3 Page 768 Milliken AV i .�._.._.._.._.J Milliken AV Rochester AV u I j Rochester AV of !.. •Day y Creek BI I � � Etiwanda AV ! Etiwanda AV i A i j East AV D 0 0 0 W 0 iCID rrl► o CD r W (D 0 � CL ` Cherry AV cn 3 a 0 + ! v v D w r D 3 Win. ( (D i Landscape Maintenance District No. 3A — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 3 Page 768 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessment for the District: A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for the Fiscal Year 2018/19. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 3 Page 769 Actual Assessment Total Property Type (County Use Code) Rate per EBU 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 effective annexations for the Fiscal Year 2018/19. Landscape Maintenance District No. 3A — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 3 Page 769 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 3B (Commercial Industrial) Page 770 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 Page 771 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 8 ESTIMATE OF COSTS 10 District Budget 10 Definitions of Budget Items 12 METHOD OF ASSESSMENT 13 Overview 13 General Benefit 14 Special Benefit 14 Method of Assessment Spread 15 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL AND ANNEXATIONS 18 Assessment Roll 18 Annexations 18 Page 772 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, a Resolution Initiating Proceedings for the Levy of Annual Assessments for Landscape Maintenance District No. 313 (Commercial Industrial) (the "District"); and WHEREAS, the Resolution Initiating Proceedings directed staff to prepare and file an Annual Engineer's Report for Fiscal Year 2018/19 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 2018/19 Budget $ 136,560 944,950 1,081,510 820,370 10,700 831,070 267,880 1,098,950 $ 17,440 2,935.99 $ 282.24 $ 352.80 Landscape Maintenance District No. 313 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 4 Page 773 In making the assessments contained herein pursuant to the 1972 Act: I have identified all parcels which will have a special benefit conferred upon them from the 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. 3B — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 4 Page 774 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally, describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 3B — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 4 Page 775 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill Blvd on the north, 4th St on the South, East Ave on the east and Grove Ave on the west. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services These improvements are located within the street right-of-ways, Metrolink, and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective Landscape Maintenance District No. 313 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 4 Page 776 materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location J-2 The monument at the northeast corner of Haven Ave and 4th St. Ground Cover area: 5,715 square feet Hardscape area: 6,068 square feet J-3 The 6th St median from Milliken Ave to Pittsburg Ave. Ground Cover area: 3,300 square feet J-4 The entry monuments on the east and west side of 4th St and Milliken Ave. The Milliken Ave median from 4th St to 6th St. Ground Cover area: 30,594 square feet Hardscape area: 1,748 square feet J-5 The Milliken Ave median from Arrow Rte to Jersey Blvd. Ground Cover area: 10,220 square feet J-6 The Spruce Ave median from Foothill Blvd to White Oak Ave. Ground Cover area: 4,300 square feet J-7 The 6th St median from Pittsburg Ave to Richmond PI. Ground Cover area: 5,114 square feet J-8 The 6th St from Richmond PI to Buffalo Ave. Ground Cover area: 2,476 square feet J-9 The Milliken Ave railroad underpass. Ground Cover area: 165,633 square feet, Turf area: 4,897 square feet J-10 The 6th St median from Cleveland Ave to 1,820 feet east of Cleveland Ave. Ground Cover area: 13,310 square feet J-11 The 6th St median from Buffalo Ave to Rochester Ave. Ground Cover area: 10,798 square feet J-12 The Milliken Ave median from Arrow Rte to Century Ct. Ground Cover area: 13,855 square feet Landscape Maintenance District No. 3B — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 4 Page 777 J-13 The Milliken Ave median from Century Ct to Foothill Blvd. Ground Cover area: 3,330 square feet J-14 The 6th St median from Utica Ave to Cleveland Ave. Ground Cover area: 8,559 square feet J-15 The 6th St median from Haven Ave to Utica Ave. Ground Cover area: 7,680 square feet J-16 Day Creek Blvd median from Church St to Foothill Blvd. Ground Cover area: 8,466 square feet J-17 The Day Creek Blvd median south of Foothill Blvd including the traffic circle. Ground Cover area: 6,490 square feet H-1 The Haven Ave median from 4th St to 6th St. Ground Cover area: 21,205 square feet Converted 8,935 sq. ft. of turf to ground cover effective April 1, 2013. H-2 The Haven Ave medians from 6th St to the underpass bridge. The east and west side parkways and slopes on Haven Ave from Acacia St to underpass bridge. Ground Cover area: 54,720 square feet Converted 2,960 square feet of turf to ground cover effective April 1, 2013. H-3 The Haven Ave medians from underpass bridge to Arrow Rte. The east and west side parkways and slopes on Haven Ave from the underpass bridge to Jersey Blvd. Ground Cover area: 56,210 square feet H-4 The Haven Ave median from Arrow Rte to Foothill Blvd. Ground Cover area: 15,156 square feet H-5 The Haven Ave median from Foothill Blvd to Church St. Ground Cover area: 11,502 square feet FH -1 The Foothill Blvd median from Spruce Ave to Haven Ave. Ground Cover area: 4,571 square feet The total square footage for the improvement is 9,141; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. Landscape Maintenance District No. 3B — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 4 Page 778 FH -2 FH -3 FH -4 FH -5 The Foothill Blvd median from Spruce Ave to Milliken Ave. Ground Cover area: 7,940 square feet The total square footage for the improvement is 15,879; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. The Foothill Blvd median from 790 feet west of Market PI to Market PI Ground Cover area: 4,434 square feet The Foothill Blvd median from Market PI to Etiwanda Ave. Ground Cover area: 10,392 square feet The Foothill Blvd median from 360 feet west of Masi Dr to 516 feet west of Masi Dr. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. FH -6 The Foothill Blvd median from Masi Dr Plaza to Rochester Ave. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by landscape maintenance district 4-R. FH -7 The Foothill Blvd median from Vineyard Ave to Orchard Plaza. Ground Cover area: 2,605 square feet FH -8 The Foothill Blvd median from Orchard Plaza to Lion St. Ground Cover area: 344 square feet FH -9 The Foothill Blvd median from Hellman Ave to Malachite Ave and from Malachite Ave to Archibald Ave. Ground Cover area: 21,474 square feet FH -10 The Foothill Blvd median from Archibald Ave to Ramona Ave. Ground Cover area: 4,770 square feet FH -11 The Foothill Blvd median from Ramona Ave to Hermosa Ave. Ground Cover area: 5,210 square feet FH -12 The Foothill Blvd median from Hermosa Ave to Center Ave. Ground Cover area: 6,329 square feet FH -13 The Foothill Blvd median from Center Ave to Haven Ave. Ground Cover area: 6,286 square feet Landscape Maintenance District No. 3B — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 4 Page 779 FH -14 The Foothill Blvd median from Rochester Ave to 600 feet east of Rochester Ave. Ground Cover area: 1,356 square feet Site reduced to 5,979 square feet due to median renovation. FH -15 The Foothill Blvd median from 1,225 feet west of Day Creek Blvd to Day Creek Blvd. Ground Cover area: 4,905 square feet FH -16 The Foothill Blvd median from Day Creek Blvd to the 15 freeway. Ground Cover area: 9,808 square feet Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 3B — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 4 Page 780 t of �i a N A Grove AV r - Vineyard AV m Hellman AV . Archibald AV - Hermosa AV Haven AV c. N L i:,D r A L Mlllksn Av d �J X01 Q A 1�W .V W 0 C.�W Rochester A -r, I Ethrmnde Av East AV N T 0 A c> 'h m r 5 M Q O O S N = D W < r 9 XI a Cherry AV n m 7 Y M � a io 1� Carnelian St i Hellman Ave y Archibald AV i Hormosa Av W Haven AV 1 _1 Milliken O I y. M• 1 IWO Day Creak BI 1 TZ, I I ' v w Etiwanda AV I R 1 1 _ East AV � 1 I 1 1 1 V r 1 i 1 a Page 781 d N X01 Q W 0 0 C N E7 CDD CD U) N T 0 A c> 'h m r 5 M Q O O S N = D W < r 9 XI a Cherry AV n m 7 Y M � a io 1� Carnelian St i Hellman Ave y Archibald AV i Hormosa Av W Haven AV 1 _1 Milliken O I y. M• 1 IWO Day Creak BI 1 TZ, I I ' v w Etiwanda AV I R 1 1 _ East AV � 1 I 1 1 1 V r 1 i 1 a Page 781 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 Operations and Maintenance: Fiscal Year Operations and Maintenance: 2018/19 Budget Expenditures 500 Personnel Services: 15,700 Regular Salaries $ 75,330 Part-time Salaries 21,600 Fringe Benefits 39,630 Subtotal - Personnel 136,560 Operations and Maintenance: Operations and Maintenance: Computer Software 500 O & M/General 15,700 O & M/Facilities 11,500 Subtotal - Operations and Maintenance 27,700 Contract Services: Contract Services/General 525,660 Contract Services/Facilities 145,800 Tree Maintenance 26,210 Subtotal - Contract Services 697,670 Utilities: Telephone Utilities 760 Water Utilities 120,470 Electric Utilities 55,600 Subtotal - Utilities 176,830 Assessment Administration 5,580 Adm in./General Overhead 37,170 Subtotal - Operations and Maintenance 944,950 Total Expenditures Budget $ 1,081,510 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 4 Page 782 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 820,370 Anticipated Prior Year Delinquencies Collection 10,700 Subtotal - Taxes 831,070 Other Revenues: Interest Earnings Parking Permits Other Revenue Subtotal - Other Revenues: Total Revenues Budget Contribution to/(Use of) Fund Balance 27,540 240,000 340 267,880 $ 1,098,950 $ 17,440 Total Gross Estimated Assessments $ 828,653.66 Total District EBU Count 2,935.99 Actual Assessment per EBU - Fiscal Year 2018/19 $ 282.24 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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, 2018 $ 1,862,766 Contribution to Reserve - Fiscal Year 2018/19 17,440 Estimated Reserve Fund Balance, June 30, 2019 $ 1,880,206 Landscape Maintenance District No. 313 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 4 Page 783 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 2018/19 ATTACHMENT 4 Page 784 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. Landscape Maintenance District No. 3B — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 4 Page 785 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. Traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not Landscape Maintenance District No. 3B — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 4 Page 786 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 er MEAcre Non -Residential 1.00 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 Landscape Maintenance District No. 3B — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 4 Page 787 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 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. 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 2018/19 ATTACHMENT 4 Page 788 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU Units/Acres Total EBUs Non -Residential $352.80 $282.24 2,935.99 2,935.99 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. 3B — City of Rancho Cucamonga 16 Fiscal Year 2018/19 ATTACHMENT 4 Page 788 'ytA i'i �e�67gi D o '2"q¢�yKSs W N o ° Q co D o W �&:F4 = Q fn U) O 0 3 �A7�8 AYA (n Grove Av W m CO ;9s&�4i9eg n 'zi9�a4449 g'4 Vineyard Av rn A S :R: � Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av J CD 1 ci n r.J Rochester Av j Rochester Av w L........ d-6-- —.Day i W DayCreek B Etiwanda Av Etivianda Av s T East Av Cherry Av W v 0 r m a Landscape Maintenance District No. 3B — City of Rancho Cucamonga Fiscal Year 2018/19 Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av I Milliken Av r y a cD rui CD 1 CD C) n f►F. W 17 ATTACHMENT 4 Page 789 D o o ° S O ZJ W J CD ci n O w r W � U, Cherry Av W v 0 r m a Landscape Maintenance District No. 3B — City of Rancho Cucamonga Fiscal Year 2018/19 Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av I Milliken Av r y a cD rui CD 1 CD C) n f►F. W 17 ATTACHMENT 4 Page 789 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessment for the District: 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 2018/19: Apn Actual Project Name Total Units/ Acres Total EBUs Propert T e Assessment Total PM19474 2.97 Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Total Assessment Non -Residential $282.24 2,935.99 2,935.99 $828,653.66 Totals 3.66 2,935.991 2,935.99 $828,653.66 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 2018/19: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Propert T e 0210-081-13 02/01/17 PM19474 2.97 2.97 MIND 1077-601-13 & 14 05/03/17 DRC2016-00006 4.58 4.58 MIND 0229-141-06 & 07 08/16/17 DRC2016-00270 3.66 3.66 MIND 0209-211-41 10/04/17 DRC2016-00522 4.77 4.77 MIND 0209-032-28 & 29 12/06/17 1 DRC2016-00695 7.51 1 7.51 1 MIND Landscape Maintenance District No. 3B — City of Rancho Cucamonga 18 Fiscal Year 2018/19 ATTACHMENT 4 Page 790 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 4-R (Terra Vista Planned Community) Page 791 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 Page 792 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 13 ESTIMATE OF COSTS 15 District Budget 15 Definitions of Budget Items 17 METHOD OF ASSESSMENT 18 Overview 18 General Benefit 19 Special Benefit 19 Method of Assessment Spread 20 Cost of Living Inflator 22 ASSESSMENT DIAGRAM 22 ASSESSMENT ROLL AND ANNEXATIONS 24 Assessment Roll 24 Annexations 24 Page 793 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 1,030,020 Operations and Maintenance 1,309,850 Capital Expenditures 446,000 Total Expenditures Budget 2,785,870 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 2,713,340 Anticipated Prior Year Delinquencies Collection 13,750 Subtotal - Taxes 2,727,090 Other Revenues 72,690 Total Revenues Budget 2,799,780 Contribution to/(Use of) Fund Balance $ 13,910 Total District EBU Count 6,901.03 Actual Assessment per EBU $ 397.15 Maximum Allowable Assement per EBU $ 444.42 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 5 Page 794 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. 4-R — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 5 Page 795 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally, describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 5 Page 796 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located north of Foothill Blvd, west of Rochester Ave, east of Haven Ave, south of Base Line Rd and includes the northeast corner of Base Line Rd and Haven Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of the paseos, parkways, median islands, street trees, parks, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble- shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 5 Page 797 and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Spruce Park, Mountain View Park, Ralph M. Lewis Park, Coyote Canyon Park, Milliken Park and West Greenway Park The street trees within the residential parkways and tree maintenance easements to be maintained by the District are on the following streets, located within the boundaries of the District: Amiata Dr Bastia Ct Blackhorse Ct Brandywine PI Bunker Hill Dr Cedarbrook PI Chesterton Dr Clarisa PI Corsica Ct (Country View Dr to Milliken Ave) Country View Dr (Mountain View Dr to Palacio Ct) Covington PI Danbury Dr Danner Ct De Anza Dr Derby PI Downing Ct Ellena East & West (s/o Terra Vista Pkwy to Fitzpatrick Dr) Emery PI Fitzpatrick Dr Fulbourn Ct Hinton Ct Linaro Rd The breakdown of maintained areas is as follows: Meyers Dr Potomac Ct Radcliff PI Regent Dr Rockingham Ct Saranza PI Southhampton Ct Terra Vista Pkwy (Church St to Brandywine PI) Wellington PI Yorktown Ct Site # Descriptive Location TV -1 The Base Line Rd median from Haven Ave 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 Rd median from Spruce Ave 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 Rd median from Spruce Ave to Milliken Ave. Ground Cover area: 16,670 square feet Turf area: 14,857 square feet Hardscape area: 16,567 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 5 Page 798 TV -4 The south side of Base Line Rd from 800 feet east of Spruce Ave to Milliken Ave. The cul-de-sac at the north end of Cascade Ct. Ground Cover area: 16,613 square feet Turf Cover area: 5,324 square feet Hardscape area: 7,950 square feet TV -5 The north side of Terra Vista Pkwy from Belpine PI to 112 feet west of Butterfield PI; Terra Vista Pkwy median from Spruce Ave to Milliken Ave and the south side of Terra Vista Pkwy from 164 feet west of Belpine PI to Belpine PI. Ground Cover area: 19,738 square feet Turf area: 2,675 square feet Hardscape area: 13,328 square feet TV -6 The north side of from Spruce Ave to 175 feet north of Countryside Dr and Terra Vista Pkwy median from Church St to Spruce Ave. Ground Cover area: 22,959 square feet Turf area: 6,195 square feet Hardscape area: 11,702 square feet TV -7 The north side of Church St from the west side of Deer Creek Channel to Terra Vista Pkwy. The west side of Terra Vista Pkwy from Church St to 175 feet north of Countryside Dr. Ground Cover area: 9,924 square feet Turf area: 5,378 square feet Hardscape area: 6,426 square feet TV -8 The southeast corner of Church St and Haven Ave; the Church St median from Haven Ave to Terra Vista Pkwy and the wash end on the Northwest corner of the Deer Creek Channel and Church St. Ground Cover area: 26,876 square feet Hardscape area: 2,306 square feet Hardscape area: 2,788 square feet TV -9 The Church St median from Terra Vista Pkwy to Spruce Ave. Ground Cover area: 7,829 square feet Hardscape area: 6,605 square feet TV -10 The east side of Valencia Ave from Base Line Rd to the pre-school; the south side of Augusta Dr from Valencia Ave to Meadowlark PI and the west side of Summerfield PI from Valencia Ave to Evergreen Dr. Ground Cover area: 20,818 square feet Turf area: 18,634 square feet Hardscape area: 8,666 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 5 Page 799 TV -11 TV -12 The paseo at Parkside PI and Clover Ct from Parkside PI to the Deer Creek Channel. Ground Cover area: 2,795 square feet Hardscape area: 1,049 square feet The east side of Haven Ave 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 Ave from Elm Ave to Mountain View Dr; the north and south sides of Norfolk Dr from Spruce Ave to Cardiff PI; the south side of Mountain View Dr from Spruce Ave to 290 feet east of Belvedere PI and the paseo from Spruce Ave to Country View Dr. Ground Cover area: 8,459 square feet Turf area: 3,355 square feet Hardscape area: 8,886 square feet TV -14 The south side of Mountain View Dr from 290 feet east of Belvedere PI to 590 feet east of Fairhaven PI; the paseo south of Mountain View Dr between Belvedere PI and Fairhaven PI to Country View Dr and from Country View Dr to West Greenway Corridor. Ground Cover area: 19,030 square feet Turf area: 8,430 square feet Hardscape area: 9,262 square feet TV -15 The north side of Mountain View Dr from 634 feet west of Biarritz PI to Milliken Ave. Ground Cover area: 4,571 square feet Turf area: 4,738 square feet Hardscape area: 5,104 square feet TV -16 The West Greenway Corridor from the northeast corner of Elm Ave and Spruce Ave to West Greenway Corridor. Ground Cover area: 15,529 square feet Turf area: 20,884 square feet Hardscape area: 20,626 square feet TV -17 The west side of Milliken Ave from 585 feet north of Mountain View Dr to Mountain View Dr. Ground Cover area: 5,835 square feet Turf area: 3,564 square feet Hardscape area: 2,340 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 5 Page 800 TV -18 The south side of Mountain View Dr from approximately 250 feet west of Claridge PI to Terra Vista Pkwy. The south side of Terra Vista Pkwy from Mountain View Dr to East Greenway Corridor. Terra Vista Pkwy from Mountain View Dr to East Greenway Corridor. Ground Cover area: 18,316 square feet Turf area: 5,944 square feet Hardscape area: 23,800 square feet TV -19 The Terra Vista Pkwy median from Milliken Ave to Mountain View Dr. The north side of Terra Vista Pkwy from 68 feet north of Addison Rd to Mountain View Dr. The west side of Mountain View Dr from Grapevine St to Terra Vista Pkwy. Ground Cover area: 20,306 square feet Turf area: 3,886 square feet Hardscape area: 11,478 square feet TV -20 The Church St median from Milliken Ave to 675 feet east of Milliken Ave. Ground Cover area: 2,860 square feet Hardscape area: 2,112 square feet TV -21 The Church St median from Milliken Ave to Spruce Ave. Ground Cover area: 16,811 square feet Turf area: 335 square feet Hardscape area: 14,880 square feet TV -22 The Milliken Ave median from Mountain View Dr to Foothill Blvd. Ground Cover area: 16,436 square feet Hardscape area: 16,267 square feet TV -23 The Milliken Ave underpass from West Greenway Park to Milliken Park. Ground Cover area: 19,271 square feet Turf area: 22,139 square feet Hardscape area: 18,119 square feet TV -24 The east side of Haven Ave from 145 feet south of Creekbridge St to 600 feet north of Creekbridge St; the north side of Creekbridge St from Brookside Rd to Haven Ave and the paseo from Creekbridge St and Brookside Rd to the Deer Creek Channel. Ground Cover area: 5,851 square feet Turf area: 9,965 square feet Hardscape area: 4,351 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 5 Page 801 TV -25 The east side of Haven Ave form 145 feet south of Creekbridge St to 410 feet south of Creekbridge St. Ground Cover area: 3,319 square feet Turf area: 1,677 square feet Hardscape area: 1,779 square feet TV -26 The paseo at Plymouth Way south of Essex PI from Plymouth Way to the Deer Creek Channel. Ground Cover area: 1,956 square feet Hardscape area: 2,385 square feet TV -27 The paseo from Terra Vista Pkwy to Windsong PI and from Windsong PI to Plymouth Way. Ground Cover area: 2,270 square feet Turf area: 2,731 square feet Hardscape area: 3,332 square feet TV -28 The paseo on the north side of 7552 Hardy Ave. Ground Cover area: 630 square feet Turf area: 733 square feet Hardscape area: 432 square feet TV -29 The East Greenway Corridor from Milliken Park to Terra Vista Pkwy, including the turf area at the entrance to Tract 16157. Ground Cover area: 17,780 square feet Turf area: 52,403 square feet Hardscape area: 29,888 square feet TV -30 The Milliken Ave Median from Mountain View Dr to Base Line Rd. Ground Cover area: 11,890 square feet Hardscape area: 10,260 square feet TV -31 The paseo from Elm Ave to West Greenway Park. Ground Cover area: 4,770 square feet Hardscape area: 8,900 square feet TV -32 The Greenwich PI paseo from Greenwich PI to Muirfield Dr. Ground Cover area: 1,323 square feet Hardscape area: 1,456 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 5 Page 802 TV -33 The south side of Mountain View Dr from 430 feet west of Country View Dr to Country View Dr. Ground Cover area: 3,434 square feet Turf area: 1,853 square feet Hardscape area: 1,720 square feet TV -34 The south side of Terra Vista Pkwy from 390 feet west of Belpine PI to Belpine PI. Ground Cover area: 1,342 square feet Turf area: 1,887 square feet Hardscape area: 1,612 square feet TV -35 The Trail Northeast of Ruth Musser School from Terra Vista Pkwy to Spruce Ave. Ground Cover area: 9,285 square feet Hardscape area: 5,148 square feet TV -36 The east side of Country View Dr from Corsica Ct to Mountain View Dr. The south side of Mountain View Dr from Country View Dr to Milliken Ave. The west side of Milliken Ave from Mountain View Dr to the West Greenway Corridor. Ground Cover area: 9,141 square feet Turf area: 5,895 square feet Hardscape area: 6,058 square feet TV -37 The north side of Meyers Dr from Emery PI to Elm Ave. Ground Cover area: 5,860 square feet Turf area: 5,300 square feet Hardscape area: 1,283 square feet TV -38 The Church St median from Rochester Ave to Terra Vista Pkwy median from Church St to 853 feet north of Church St. Ground Cover area: 8,510 square feet Hardscape area: 5,640 square feet TV -39 The north side of Mountain View Dr form 250 feet east of Milliken Ave to Milliken Ave. The east side of Milliken Ave from Mountain View Dr to Terra Vista Pkwy. Ground Cover area: 16,751 square feet Hardscape area: 15,716 square feet TV -40 The south side of Terra Vista Pkwy from Milliken Ave to Mountain View Dr. Ground Cover area: 11,630 square feet Hardscape area: 19,738 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 5 Page 803 TV -41 The paseo east of Milliken Ave from Terra Vista Pkwy south to Mountain View Dr. Ground Cover area: 4,081 square feet Hardscape area: 9,640 square feet TV -42 The north side of Mountain View Dr from Terra Vista Pkwy to 250 feet east of Milliken Ave. Ground Cover area: 10,994 square feet Hardscape area: 14,777 square feet TV -43 Church St median and parkway from Malaga Dr to Terra Vista Pkwy. Ground Cover area: 7,506 square feet Hardscape area: 3,955 square feet TV -44 The south side of Church St from Terra Vista Pkwy to Rochester Ave. Ground Cover area: 10,400 square feet Hardscape area: 7,606 square feet TV -45 The west side of Rochester Ave from Church St to Malaga Dr. Ground cover area: 20,693 square feet Hardscape area: 12,450 square feet TV -46 The north side of Malaga Dr from Church St to Rochester Ave. Ground Cover area: 19,843 square feet Hardscape area: 18,000 square feet TV -47 The east side of Terra Vista Pkwy from Church St to Brandywine PI. The paseo from Brandywine PI to Bunker Hill Dr. The east side of Radcliff PI from Bunker Hill Dr to Malaga Dr. Ground Cover area: 17,838 square feet Hardscape area: 9,023 square feet TV -48 The Church St median from 750 feet east of Milliken Ave to Malaga Dr. Ground Cover area: 5,554 square feet Hardscape area: 9,698 square feet FH -1 The Foothill Blvd median from Spruce Ave to Haven Ave. Ground Cover area: 4,571 square feet 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. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 5 Page 804 FH -2 The Foothill Blvd median from Spruce Ave to Haven Ave. Ground Cover area: 7,940 square feet The total square footage for the improvement is 15,879; however, due to the location of the improvement the other half is maintained by Landscape Maintenance District 3B. FH -5 The Foothill Blvd median from 360 feet west of Masi Dr to 516 feet west of Masi Dr. Ground Cover area: 800 square feet 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. FH -6 The Foothill Blvd median from Masi Dr Plaza to Rochester Ave. Ground Cover area: 800 square feet The total square footage for the improvement is 1,600; however, due to the location of the improvement the other half is maintained by Landscape Maintenance District 3B. H-5 The Haven Ave median from Foothill Blvd to Church St. 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 Ave median from Church St to Base Line Rd. Ground Cover area: 9,615 square feet Converted 8,708 sq. ft. of turf to ground cover effective April 1, 2013. Area listed is the 50% maintained by the District. An equal amount is maintained by the City's General Fund. H-7 The Haven Ave median from Base Line Rd to Southern Pacific railroad tracks. Ground Cover area: 3,130 square feet Converted 3,992 sq. ft. of turf to ground cover effective April 1, 2013. Removed 3,692 sq. ft. of ground cover for turn pocket expansion. Area listed is the 50% maintained by the District. An equal amount is maintained by the City's General Fund. VG -14 The Base Line Rd median from Milliken Ave to Ellena East. The turf and ground cover on the north side of Base Line Rd from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Base Line Rd and following the curb line to Kenyon Way. The north side of Ellena West from Kenyon Way to Casoli PI. The turf and ground cover on both sides of Casoli PI from Ellena West to Candela Dr. The turf and ground cover on both sides of Crema PI from Ellena West to Candela Dr. Ground Cover area: 9,169 square feet Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 5 Page 805 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 Rd median from Milliken Ave 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 Ave from the Southern Pacific Railroad to Base Line Rd. The turf and ground cover on the north side of Base Line Rd from Rochester Ave to Ellena East. The Base Line Rd Median from Rochester Ave to Ellena East. The turf and ground cover on the east side of Ellena East from Base Line Rd and continuing along that curb line to 275 feet north of Berra Rd. The turf and ground cover on both sides of Berra Rd from Ellena East to Comiso Way. Ground Cover area: 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 Rd median from Rochester Ave 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 13 Fiscal Year 2018/19 ATTACHMENT 5 Page 806 Milliken Av1 0 0 W CO n d I o, L•1 W A' W N < I • IL-4 _ w � w � o 1 • T 2 (T 01 � 17 I � V i L Rochester Av r' ` y Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 5 Page 807 r I an Q A m 0 0 W CO n d I o, L•1 W A' W N < I • IL-4 _ w � w � o 1 • T 2 (T 01 � 17 I � V i L Rochester Av r' ` y Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 5 Page 807 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 Page 808 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 662,520 Overtime Salaries 1,050 Part-time Salaries 47,280 Fringe Benefits 319,170 Subtotal - Personnel 1,030,020 Operations and Maintenance: Operations and Maintenance: O & M/General 99,750 Vehicle Operations and Maintenance 6,000 Emergency Equipment and Vehicle Rental 1,700 Emergency Operations & Maintenance 3,750 Subtotal - Operations and Maintenance 111,200 Contract Services: Contract Services/General 501,340 Tree Maintenance 74,970 Subtotal - Contract Services 576,310 Utilities: Water Utilities 342,470 Electric Utilities 32,500 Subtotal - Utilities 374,970 Assessment Administration 18,770 Adm in./General Overhead 228,600 Subtotal - Operations and Maintenance 1,309,850 Capital Expenditures: Captial Outlay - Equipment 6,000 Captial Project 440,000 Subtotal - Capital Expenditures 446,000 Total Expenditures Budget $ 2,785,870 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 5 Page 808 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: Fiscal Year 2018/19 Budget $ 2,713,340 13,750 2,727,090 70,110 2,080 500 72,690 Total Revenues Budget $ 2,799,780 Contribution to/(Use of) Fund Balance $ 13,910 Total Gross Estimated Assessments $ 2,740,764.81 Total District EBU Count 6,901.03 Actual Assessment per EBU - Fiscal Year 2018/19 $ 397.15 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 444.42 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: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Reserve $ 5,483,528 13,910 $ 5,497,438 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 16 Fiscal Year 2018/19 ATTACHMENT 5 Page 809 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 17 Fiscal Year 2018/19 ATTACHMENT 5 Page 810 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. 4-R — City of Rancho Cucamonga 18 Fiscal Year 2018/19 ATTACHMENT 5 Page 811 General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In addition to the special benefits received by parcels within the District, there are incidental general benefits that are conferred on parcels outside the boundaries of the District which include: • the control of dust and insect infestations, and • the visual enhancement of the area to persons or vehicles that may travel through the District. However, it has been determined that these benefits are incidental and do not provide a direct benefit to parcels outside of the District that are not being assessed. Any incidental benefit received by parcels outside of the District is further offset by the incidental benefit received by parcels within the District from the maintenance of landscaping improvements by the other assessment districts within the City. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing beautification, shade and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 19 Fiscal Year 2018/19 ATTACHMENT 5 Page 812 Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined. On December 2, 2009, Proposition 218 assessment ballot increase was approved by the property owners in this District. Therefore, all parcels included in the District boundary, are being levied in accordance with Article XIII D and Proposition 218. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment since there is a total of 2,651 single family parcels within the District which represents 69.1 percent of the total assessable parcels within the District. A method has been developed to convert other land uses to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land - use), and size of the property, as compared to a single family residential parcel. Other residential land uses are assigned Equivalent Dwelling Units (EDU) in proportion to the number of trips generated and average number of occupants per dwelling unit in comparison to the typical single family parcel. Based upon the trip generation data from the ITE Trip Generation Report, San Diego Association of Governments' Guide to Vehicular Traffic Generation Rates which have been adopted by San Bernardino County Transpiration Authority (formerly known as San Bernardino Associated Governments) and the most recent census data for the City of Rancho Cucamonga, condominiums are assigned 0.8 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 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 20 Fiscal Year 2018/19 ATTACHMENT 5 Page 813 to more intense non-residential uses such as community shopping centers which can generate in excess of 500 trips per day. Based upon an average density of approximately 9 single family residential units per acre and a trip generation rate of 10 trips per day for a typical single family residential unit, the trip generation rate for commercial and industrial parcels is approximately 1.5 times that of an acre developed for single family residential use based upon an average of 135 trips per acre for non-residential uses. The trips generated by non-residential uses has been reduced by approximately 40 percent to account for the number of "pass -by" trips which are those trips which stop at non-residential parcels enroute to/from residential parcels. This reduces the trips generated per acre from 135 to 81. Since non-residential parcels do not receive a significant special benefit from the park facilities maintained by the District, the number of trips generated per acre has been further reduced in proportion to the ratio of expenditures for landscape maintenance versus park maintenance within the District, which has been estimated by the City to be 60% parks and 40% landscaping. Therefore, commercial and industrial parcels have been assigned a value of 3.25 EBU's per acre to represent the special benefit received by those parcels relative to the typical single family residential parcel. Vacant parcels are assigned an EBU value of 0.25 per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 per acre in recognition of the limited benefit they receive from the improvements maintained by the District and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Benefit Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Condominium 0.80 Unit Multi -Family Residential 0.70 Unit Commercial/Industrial 3.25 Acre Vacant (incl. all undevelped property) 0.25 Acre Schools 1 0.25 1 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 Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 21 Fiscal Year 2018/19 ATTACHMENT 5 Page 814 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 2018/19 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 $444.42 $397.15 2,652.00 2,652.00 Condominium 444.42 397.15 1,227.00 981.60 Multi -Family Residential 444.42 397.15 3,809.00 2,666.30 Commercial/Industrial 444.42 397.15 176.41 573.33 Vacant (incl. all undevelped property) 444.42 397.15 75.79 18.95 Schools 444.42 397.15 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. 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 2018/19 will remain at $397.15 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. 4-R — City of Rancho Cucamonga 22 Fiscal Year 2018/19 ATTACHMENT 5 Page 815 e�ii97�a�si 3i' yyy AAdd}} 3 ¢ f o yyyyg<}� D o Cf) ; W Grove Av l=��a�gg3s�s Vineyard Av rn f� Hellman Av U)� Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etivranda Av ALI �I East Av — Q D o it 0 0 � W m :3. o m yk cD Cherry Av — o A r- 3o 3 W CA Rochester Av Day Creek BI 1 1 Etiwanda Avi I 1 I 1 r 1 NCSI. 0 Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 23 Fiscal Year 2018/19 ATTACHMENT 5 Page 816 rn $ n _ 7a CC) N a CC) Cf) a (D ALI �I East Av — Q D o it 0 0 � W m :3. o m yk cD Cherry Av — o A r- 3o 3 W CA Rochester Av Day Creek BI 1 1 Etiwanda Avi I 1 I 1 r 1 NCSI. 0 Carnelian St Hellman Av Archibald Av Hermosa Av Haven Av Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 23 Fiscal Year 2018/19 ATTACHMENT 5 Page 816 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 1,058,940.09 Commercial/Industrial 397.15 176.41 573.33 227,699.44 Vacant (incl. all undevelped property) 397.15 75.79 18.95 7,525.19 Schools 397.15 35.41 8.85 3,515.85 Totals 7,975.61 6,901.03 $2,740,764.81 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 4-R — City of Rancho Cucamonga 24 Fiscal Year 2018/19 ATTACHMENT 5 Page 817 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 5 (Andover) Page 818 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 Page 819 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 General Benefit 11 Special Benefit 11 Method of Assessment Spread 12 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 820 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 6 Page 821 Fiscal Year 2018/19 Budget Expenditures Personnel Services $ 3,730 Operations and Maintenance 5,350 Total Expenditures Budget 9,080 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 2,470 Other Revenues 530 Total Revenues Budget 3,000 Contribution to/(Use of) Fund Balance $ (6,080) 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 2018/19 ATTACHMENT 6 Page 821 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. 5 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 6 Page 822 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 5 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 6 Page 823 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 Ave on the west, 26th St on the south, the parcels north of and along Bedford Dr and the parcels west of and along Andover PI. 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 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 6 Page 824 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: Andover Tot Lot. Site # Descriptive Location 1-1-5 The Andover PI playground on the southwest corner of Andover PI and Bedford Dr. 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 2018/19 ATTACHMENT 6 Page 825 o ��L2 7�d�e7 JJ a y °y•aJ22j Oil 99 V -A 9 3 S e i 3 J 99 Hermosa Av �3�a9sF4 IF�F I I j lb I 0 (D n in ._,j o I 0• 1 I r cM cQ LJ o c.> m Q r cn 6 � o' (D m = r c� co V) `* 7 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 6 Page 826 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 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 6 Page 827 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 1,850 Part-time Salaries 840 Fringe Benefits 1,040 Subtotal - Personnel 3,730 Operations and Maintenance: Operations and Maintenance: O & M/General 1,300 Vehicle Operations and Maintenance 70 Subtotal - Operations and Maintenance 1,370 Contract Services: Contract Services/General 1,590 Utilities: Water Utilities 800 Electric Utilities 490 Subtotal - Utilities 1,290 Assessment Administration 220 Admin./General Overhead 880 Subtotal - Operations and Maintenance 5,350 Total Expenditures Budget $ 9,080 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 6 Page 827 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, 2018 $ 32,275 Contribution to Reserve - Fiscal Year 2018/19 (6,080) Estimated Reserve Fund Balance, June 30, 2019 $ 26,195 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 6 Page 828 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 2,470 Other Revenues: Interest Earnings 530 Total Revenues Budget $ 3,000 Contribution to/(Use of) Fund Balance $ (6,080) Total Gross Estimated Assessments $ 2,492.60 Total District EBU Count 44.00 Actual Assessment per EBU - Fiscal Year 2018/19 $ 56.65 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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, 2018 $ 32,275 Contribution to Reserve - Fiscal Year 2018/19 (6,080) Estimated Reserve Fund Balance, June 30, 2019 $ 26,195 Landscape Maintenance District No. 5 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 6 Page 828 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. 5 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 6 Page 829 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. 5 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 6 Page 830 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 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. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 6 Page 831 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. 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. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 6 Page 832 The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. The Fiscal Year 2018/19 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 13 Fiscal Year 2018/19 ATTACHMENT 6 Page 833 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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 2018/19 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 13 Fiscal Year 2018/19 ATTACHMENT 6 Page 833 ��t3ggal��a?i �j;'13e pa � o a -r1 ggg3��L� a� D O �3'osiig� its, s o �' a Grove Av #nglg€�a31i$s1 — W ;a �9�a49489� 1 Vineyard Av rn A 5 COS Hellman Av � I Archibald Av 1 Hermosa Av i Haven Av! Milliken Av Rochester Av Etiwanda Av ! S2 East Av ■ N 7 CD X CL iw — Q Rochester Av ..Day Creek Landscape Maintenance District No. 5 — City of Rancho Cucamonga Fiscal Year 2018/19 Etiwanda Av Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av 14 ATTACHMENT 6 Page 834 D o O v — W O ;IJ M W 7 N � C O r Q aCherry Av in r n = K a N r 3 N CT � (D iw — Q Rochester Av ..Day Creek Landscape Maintenance District No. 5 — City of Rancho Cucamonga Fiscal Year 2018/19 Etiwanda Av Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av 14 ATTACHMENT 6 Page 834 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessment for the District: A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 6 Page 835 Actual Assessment Total Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Total Assessment Single Family Residential $56.65 44.00 44.00 $2,492.60 Totals 44.001 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 effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 5 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 6 Page 835 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 6-R (Caryn Planned Community) Page 836 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 Page 837 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 9 ESTIMATE OF COSTS 11 District Budget 11 Definitions of Budget Items 13 METHOD OF ASSESSMENT 14 Overview 14 General Benefit 15 Special Benefit 15 Method of Assessment Spread 16 Cost of Living Inflator 17 ASSESSMENT DIAGRAM 18 ASSESSMENT ROLL AND ANNEXATIONS 20 Assessment Roll 20 Annexations 20 Page 838 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 17,020 Operations and Maintenance 571,160 Total Expenditures Budget 588,180 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 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga Fiscal Year 2018/19 504,780 3,850 508,630 6,480 60,370 575,480 $ (12,700) 1,196.98 $ 425.97 $ 425.97 1 ATTACHMENT 7 Page 839 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. 6-R — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 7 Page 840 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 7 Page 841 conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 210 Freeway, south of Banyan St, west of Rochester Ave and east of Milliken Ave, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Ave and Tracts No. 13748, 13857 & 13858 west of Milliken Ave. Zone 1 is the area generally located west of Rochester Ave and east of Milliken Ave. Zone 2 is the area generally located east of Rochester Ave and west of Milliken Ave. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 7 Page 842 and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location CC -1 The southside of Banyan St from 1290 feet west of Milliken Ave to Milliken Ave. The west side of Milliken Ave median from Banyan St to 292 south of Vintage Dr. Ground Cover area: 96,892 square feet Turf area: 17,945 square feet Hardscape area: 13,944 square feet CC -3 The paseo on the west side of Morning PI from Morning PI to Deer Creek Channel. Ground Cover area: 2,801 square feet Turf area: 124 square feet Hardscape area: 4,609 square feet CC -4 The west side of Morning PI, from Banyan St to Starview PI. The north side of Starview PI, from Morning PI to Starview PI. Ground Cover area: 14,273 square feet Turf Cover area: 5,513 square feet Hardscape area: 5,000 square feet CC -5 Silver Sun Ln paseo from the end of Silver Sun Ln cul-de-sac to Deer Creek Channel. Ground Cover area: Turf area: Hardscape area: 25,890 square feet 12,084 square feet 1,350 square feet CC -6 The east and west side of Netherlands View Loop from Vintage Dr to Vintage Dr. The Netherlands View Loop paseo from Netherlands View Loop to Mt Sterling Ct. Ground Cover area: 88,902 square feet Turf area: 676 square feet Hardscape area: 23,650 square feet CC -7 The east and west side of Hillview Loop from Mt Rainier Ct to Kettle Peak PI Ground Cover area: Turf area: Hardscape area: 14,930 square feet 6,318 square feet 12,236 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 7 Page 843 CC -8 The paseo from Hillview Loop to Vintage Dr. Ground Cover area: 42,107 square feet Hardscape area: 22,752 square feet Hardscape area: 4,089 square feet CC -9 The south side of Vintage Dr from 250 feet west of Hillview Loop to Hillview Loop. The west side of Hillview Loop from Vintage Dr to Kettle Peak PI. The west side of Kettle Peak PI from Hillview Loop to Donner Pass Ct. The east side of Hillview Loop from Kettle Peak PI to Tioga Peak Ct. Ground Cover area: 47,334 square feet Turf area: 4,954 square feet Hardscape area: 9,088 square feet CC -10 The east side of Terrace View Loop from Vintage Dr to Butler Peak PI. The west side of Terrace View Loop from Rainbow Falls Ct to Vintage Dr. Ground Cover area: 24,603 square feet Hardscape area: 10,760 square feet CC -11 The paseo from Caryn School to Banyan St. The south side of Banyan St from the paseo to Rochester Ave. The east and west side of Mt Baldy PI from Banyan St to Sierra Crest View Loop. The north side of Sierra Crest View Loop from Hilltop Ct to Woodland Ct. Ground Cover area: 47,507 square feet Turf area: 7,810 square feet Hardscape area: 7,825 square feet CC -12 The separation paseo from Vintage Dr to Pinnacle Peak Ct. Ground Cover area: 50,325 square feet Turf area: 15,021 square feet Hardscape area: 7,675 square feet CC -13 The east side of Hillview Loop from Tioga Peak Ct to Vintage Dr. The south side of Vintage Dr from Hillview Loop to Terrace View Loop. The north side of Vintage Dr from Hillview Loop to Caryn School. The east side of Terrace View Loop from Vintage Dr to Mt San Antonio Ct. Ground Cover area: 26,162 square feet Turf area: 4,508 square feet Hardscape area: 12,928 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 7 Page 844 CC -14 The east side of Sierra Crest View Loop from Mt Waverly Ct to Vintage Dr. The north side of Vintage Dr from Sierra Crest View Loop to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Vintage Dr to Mt Wilson Ct. The south side of Vintage Dr from Netherlands View Loop to 330 feet west of Netherlands View Loop. Ground Cover area: 73,250 square feet Turf area: 16,525 square feet Hardscape area: 9,885 square feet CC -15 The south side of Sierra Crest View Loop from Mt Waverly Ct to Mt Cambridge Ct. The north side of Sierra Crest View Loop from Mt Cambridge Ct to Woodland Ct. The north side of Sierra Crest View Loop from Hilltop Ct to Caryn School. The Sierra Crest View Loop paseo from Sierra Crest View Loop to Mt Sherman Ct. Ground Cover area: 70,990 square feet Turf area: 7,699 square feet Hardscape area: 20,055 square feet CC -16 The south side of Vintage Dr from Netherlands View Loop to Rochester Ave. The north side of Vintage Dr from Rochester Ave to Sierra Crest View Loop. The east and west side of Sierra Crest View Loop from Mt Wilson Ct to Mt Cambridge Ct. The Netherlands View Loop Paseo from Vintage Dr to Mt Sterling Ct. Ground Cover area: 77,202 square feet Turf area: 3,954 square feet Hardscape area: 18,195 square feet CC -17 The east side of Milliken Ave from Vintage Dr to Banyan St. Ground Cover area: Turf area: Hardscape area: 13,740 square feet 9,088 square feet 6,460 square feet CC -18 The north side of Vintage Dr from Milliken Ave to Hillview Loop. The south side of Vintage Dr from 104 feet west of Hillview Loop to Milliken Ave. Ground Cover area: 32,287 square feet Turf area: 3,889 square feet Hardscape area: 11,188 square feet CC -19 The Terrace View Loop paseo from Vintage Dr to Terrace View Loop. Ground Cover area: 17,469 square feet Turf area: 15,617 square feet Hardscape area: 2,736 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 7 Page 845 CC -20 The east side of Terrace View Loop from Mt San Antonio Ct to EI Capitan Ct. The west side of Terrace View Loop from Butler Peak PI to Mt San Antonio Ct. Ground Cover area: 20,627 square feet Hardscape area: 20,017 square feet Hardscape area: 7,888 square feet CC -21 The west side of Rochester Ave from Banyan St to 317 feet south of Vintage Dr. Ground Cover area: 31,292 square feet CC -22 The south side of Vintage Dr from Terrace View Loop to Sierra Crest View Loop. The east and west side of Hillview Loop from Vintage Dr to Mt Rainier Ct. Ground Cover area: 11,609 square feet Turf area: 3,763 square feet Hardscape area: 6,524 square feet CC -23 The south side of Banyan St from Milliken Ave to Butler Peak PI. The west side of Butler Peak PI from Banyan St to Terrace View Loop. The north side of Terrace View Loop from Butler Peak PI to Rainbow Falls Ct. Ground Cover area: 12,132 square feet Hardscape area: 528 square feet CC -24 The north side of Terrace View Loop from EI Capitan Ct to Butler Peak PI. The east side of Butler Peak PI from Terrace View Loop to Banyan St. The south side of Banyan St from Butler Peak PI to 990 feet east of Butler Peak PI. Ground Cover area: 14,452 square feet Hardscape area: 1,600 square feet CC -26 The east side of Rochester Ave from 210 freeway to Vintage Dr. The north and south side of Vintage Dr from Rochester Ave to Thunder Mountain Ave. The west side of Rochester Ave from 317 feet south of Vintage Dr to the 210 freeway. Ground Cover area: 35,037 square feet Hardscape area: 19,779 square feet CC -27 The Milliken Ave median and the west side of Milliken Ave from 292 feet south of Vintage Dr to 210 freeway. Ground Cover area: 13,365 square feet Hardscape area: 12,300 square feet CC -28 The east side of Milliken Ave from Vintage Dr to the 210 freeway right-of-way. Ground Cover area: 17,724 square feet Cobble area: 2,387 square feet Hardscape area: 5,810 square feet Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 7 Page 846 Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 7 Page 847 r_ I I , 1 r. ' � I I � I � I i I n n ��.���.-•- � Milliken Av l' • j • I '1 ^co; �^ • I `00 I I olr J • / N n • I pv 0o w � W n � V ♦(i Ln � I Rocheste r Av j1 'i?` — 7 H o r � c� r_ I I , 1 r. ' � I I � I � I i I n n ��.���.-•- � Milliken Av l' • j • I '1 ^co; �^ • I `00 I I olr J • / N n • I pv 0o w � W n � V ♦(i Ln � I Rocheste r Av j1 'i?` — 7 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 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 7 Page 849 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 11,580 Fringe Benefits 5,440 Subtotal - Personnel 17,020 Operations and Maintenance: Operations and Maintenance: O & M/General 11,900 Emergency Equipment and Vehicle Rental 200 Subtotal - Operations and Maintenance 12,100 Contract Services: Contract Services/General 293,450 Tree Maintenance 34,850 Subtotal - Contract Services 328,300 Utilities: Water Utilities 182,300 Electric Utilities 9,130 Subtotal - Utilities 191,430 Assessment Administration 5,980 Admin./General Overhead 33,350 Subtotal - Operations and Maintenance 571,160 Total Expenditures Budget $ 588,180 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 7 Page 849 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 504,780 Anticipated Prior Year Delinquencies Collection 3,850 Subtotal - Taxes 508,630 Other Revenues: Interest Earnings 6,480 Transfer In: Transfer In - General Fund 60,370 Total Revenues Budget $ 575,480 Contribution to/(Use of) Fund Balance $ (12,700) Total Gross Estimated Assessments $ 509,875.13 Total District EBU Count 1,196.98 Actual Assessment per EBU - Fiscal Year 2018/19 $ 425.97 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 425.97 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved when the property owners on September 1, 2010, voted in favor of a Proposition 218 assessment ballot increase with an allowable annual increase by the lesser of 3.0% or the percentage change in the year ending February preceding the start of the Fiscal Year of the Consumer Price Index for all Urban Consumers (CPI -U) and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the estimated costs of maintenance, available fund balance and maximum allowable assessment with the goal of maintaining the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Operating Reserve Estimated Reserve Fund Balance, June 30, 2017 $ 457,722 Contribution to Reserve - Fiscal Year 2017/18 (12,700) Estimated Reserve Fund Balance, June 30, 2018 $ 445,022 Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 7 Page 850 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 13 Fiscal Year 2018/19 ATTACHMENT 7 Page 851 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. 6-R — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 7 Page 852 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 large do not Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 7 Page 853 share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. Vacant parcels are assigned an EBU value of 0.25 EBU's per acre because they receive a lesser benefit from the improvements until such time as development occurs. Publicly owned school parcels are also assigned an EBU value of 0.25 EBU's per acre in recognition of the limited benefit they receive from the improvements which are provided for the use and benefit of the residential units within the District, and the benefit conferred upon other parcels within the District by the open space and landscaping maintained by the School District on their parcels which might be used by properties within the District under joint use agreements between the School District and the City. There are two benefit zones within the District: Zone 1 and Zone 2. Parcels in Zone 2 are assigned 0.75 EBU per dwelling unit due to the reduction in special benefit they receive as a result of their location relative to the majority of the improvements maintained by the District. Zone 2 parcels are on the far east and west side of the District. Therefore, parcels within Zone 2 do not receive the same special benefit from the improvements due to their proximity, as parcels within Zone 1 which are assigned 1.00 EBU per dwelling unit and are generally located adjacent to or in close proximity to the improvements. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 16 Fiscal Year 2018/19 ATTACHMENT 7 Page 854 Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential - Zone 1 1.00 Parcel Single Family Residential - Zone 2 0.75 Parcel School 0.25 Acre Undeveloped 0.25 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2018/19 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 $425.97 $425.97 963.00 963.00 Single Family Residential - Zone 1 425.97 425.97 310.00 232.50 School 425.97 425.97 5.35 1.34 Undeveloped 425.97 425.97 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. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 7 Page 855 The actual assessment rate for Fiscal Year 2018/19 will increase from $413.57 to $425.97 per single-family residence zone 1 and from $310.18 to $319.48 per single family residence zone 2, a CPI increase of 3.0% as compared to Fiscal Year 2017/18. 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 18 Fiscal Year 2018/19 ATTACHMENT 7 Page 856 71 D 0 0 00 F W 70 CO Grove Av Vineyarn rd Av ",. zr Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Rochester Av Etiwanda Av II j A � East Av! O 01 00 D -n 0 0 0 z Cherry Av — Archibald Av Hermosa Av Haven Av i n 6 i _ _.._.._.._.._.! W rD yc 0 n Q, 0 N � � 3 m D 0 m CD Etiwanda Avi N rD r r � 1 N J Cherry Av — Archibald Av Hermosa Av Haven Av i n 6 i _ _.._.._.._.._.! W yc Rochester Av v •Da Creek W � � 'r CD Etiwanda Avi r � 1 1 .. ._.._.._.1 (fl v N 0 D P14k Carnelian St 1 i i ! Hellman Av Cherry Av — Archibald Av Hermosa Av Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 19 Fiscal Year 2018/19 ATTACHMENT 7 Page 857 Haven Av i i i _.._.._.._.._.! Milliken Av Rochester Av •Da Creek 'r CD Etiwanda Avi 1 1 .. ._.._.._.1 (fl v N 0 D P14k Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 19 Fiscal Year 2018/19 ATTACHMENT 7 Page 857 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 $425.97 963.00 963.00 $410,209.11 Single Family Residential - Zone 2 $425.97 310.00 232.50 99,038.80 School $425.97 5.35 1.34 569.72 Undeveloped $425.97 0.54 0.14 57.50 Totals 1 1,278.89 1,196.98 $509,875.13 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 6-R — City of Rancho Cucamonga 20 Fiscal Year 2018/19 ATTACHMENT 7 Page 858 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 7 (North Etiwanda) Page 859 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 Page 860 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 11 ESTIMATE OF COSTS 13 District Budget 13 Definitions of Budget Items 15 METHOD OF ASSESSMENT 16 Overview 16 General Benefit 17 Special Benefit 17 Method of Assessment Spread 18 ASSESSMENT DIAGRAM 19 ASSESSMENT ROLL AND ANNEXATIONS 21 Assessment Roll 21 Annexations 21 Page 861 ENGINEER'S LETTER WHEREAS, on July 18, 2018 the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 202,440 Operations and Maintenance 1,015,470 Total Expenditures Budget 1,217,910 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 937,780 Anticipated Prior Year Delinquencies Collection 11,860 Subtotal - Taxes 949,640 Other Revenues 47,860 Transfer In 30,000 Total Revenues Budget 1,027,500 Contribution to/(Use of) Fund Balance $ (190,410) Total District EBU Count 3,085.00 Actual Assessment per EBU $ 307.05 Maximum Allowable Assement per EBU $ 307.05 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 8 Page 862 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. 7 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 8 Page 863 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 2018/19 ATTACHMENT 8 Page 864 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 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 8 Page 865 replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Etiwanda Creek Park. Site # Descriptive Location EN -1 The north side of Wilson Ave from San Sevaine Rd to Ridgeline PI. The east side of Ridgeline PI from Wilson Ave to Arcadia Way. Ground Cover area: 27,325 square feet Turf area: 19,334 square feet Hardscape area: 840 square feet EN -2 The Metropolitan Water District easement on the south side of Crescenta Way from San Marino Way to Ridgeline PI. Ground Cover area: 38,104 square feet Turf area: 41,250 square feet Hardscape area: 9,000 square feet EN -3 The Wilson Ave median from Wardman Bullock Rd to San Sevaine Rd. Ground Cover area: 9,016 square feet Hardscape area: 11,088 square feet EN -4 The Planters on the north side of the drainage easement that is between and parallel to Highland Ave and Arapaho Rd from Etiwanda Ave east to the end. Ground Cover area: 63,972 square feet EN -5 The south side of Wilson Ave from 1,115 feet west of San Sevaine Rd to 205 feet east of San Sevaine Rd. The east side of San Sevaine Rd from Wilson Ave to Young's Canyon Rd. Ground Cover area: 45,584 square feet Turf area: 3,527 square feet EN -6 The north side of Wilson Ave from Wardman Bullock Rd to Ridgeline PI. The west side of Ridgeline PI from Wilson Ave to 120 feet north of Arcadia Way. Ground Cover area: 29,226 square feet Turf area: 15,136 square feet Hardscape area: 1,300 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 8 Page 866 EN -7 The parkway on the eastside of Wardman Bullock Rd from Wilson Ave to 857 feet north of Glendora Dr. The cobblestone between the tract wall and the flood wall will be handled for debris pickup and weed control on an as needed basis. Ground Cover area: 10,268 square feet Hardscape area: 31,549 square feet EN -8 The south side of Crescenta Way from Ridgeline PI to Crestline PI. Ground Cover area: 50,035 square feet Turf area: 35,960 square feet Hardscape area: 10,000 square feet EN -9 The paseo from Meadowbrook Ct to Rock Creek Rd. Ground Cover area: 1,400 square feet Turf area: 6,555 square feet Hardscape area: 2,820 square feet EN -10 The paseo from Etiwanda Ave to Pacific Crest PI. The west side of Etiwanda Ave from 175 feet north of N Rim Way to 171 feet south of Golden Prairie Dr. Ground Cover area: 49,020 square feet Turf area: 4,445 square feet Hardscape area: 13,026 square feet EN -11 The paseo south of Ridgecrest Dr to southern boundary of Tract 14139. This site is temporarily maintained by another contractor and was deleted from the contract as of July 16, 2001; however, this site is still the City's property. Ground Cover area: 3,548 square feet Turf area: 800 square feet Hardscape area: 4,280 square feet EN -12 The cul-de-sac on the north side of Ridgecrest Dr at Etiwanda Creek Channel. Ground Cover area: 1,870 square feet Turf area: 700 square feet Hardscape area: 450 square feet EN -13 The north side of Wilson Ave from 574 feet west of Cherry Ave to the channel east of San Sevaine Rd. The Wilson Ave median from Cherry Ave to San Sevaine Rd. The east side of San Sevaine Rd from Wilson Ave to 136 feet north of Crescenta Way. Ground Cover area: 46,611 square feet Turf area: 5,037 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 8 Page 867 EN -14 The west side of San Sevaine Rd from 150 feet north of Wilson Ave to 136 feet north of Crescenta Way. Ground Cover area: 55,166 square feet Turf area: 235 square feet Hardscape area: 6,975 square feet EN -15 The north side of Young's Canyon Rd from 500 feet east of Koch PI to 692 feet west of Koch PI. The south side of Young's Canyon Rd from 349 feet east of Koch PI to 692 feet west of Koch PI. The east and west side of Koch PI place from Young's Canyon Rd to 132 feet north of Young's Canyon Rd. The west side of Koch PI from Young's Canyon Rd to 132 feet south of Young's Canyon Rd. The east side of Koch PI from 82 feet south of Young's Canyon Rd to Young's Canyon Rd. The trailhead north east of the east end of Young's Canyon Rd to the south end of San Sevaine Rd Horse Trail. The south end of San Sevaine Rd Horse from the trail head to 254 feet north of trailhead. Ground Cover area: 42,925 square feet Hardscape area: 14,308 square feet EN -16 The east side of Wardman Bullock Rd from 225 feet south of San Segundo Dr to 80 feet north of Dona Way. Ground Cover area: 2,056 square feet Hardscape area: 3,450 square feet EN -17 The north side of Colonbero Rd from San Sevaine Rd Channel to Guidera Dr. The south side of Colonbero Rd from San Sevaine Rd Channel to 400 feet north of Guidera Dr. The north side of Aggazzotti Rd from Colonbero Rd to 475 feet east of Colonbero Rd. This site has a pump which will be adjusted and maintained by City personnel. Ground Cover area: 43,241 square feet Hardscape area: 29,125 square feet EN -18 The north side of Aggazzotti Rd from San Antonio Dr to San Sevaine Rd. The west side of San Sevaine Rd from Aggazzotti Rd to 702 feet south of Aggazzotti Rd. The east side of San Sevaine Rd from 702 feet south of Aggazzotti Rd to Regina Dr. Ground Cover area: 47,823 square feet Hardscape area: 30,986 square feet EN -19 The south side of Wilson Ave from Etiwanda Ave to Estates Way. Ground Cover area: 45,727 square feet Hardscape area: 19,229 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 8 Page 868 EN -20 The south side of Wilson Ave form Bluegrass Ave to Estates Way. Ground Cover area: 85,155 square feet Hardscape area: 48,784 square feet EN -21 The north side of Wilson Ave from Etiwanda Ave to Cervantes PI. The Wilson Ave median from Etiwanda Ave to Cervantes PI. The westside of Etiwanda Ave from Wilson Ave to Del Norte PI. Ground Cover area: 88,795 square feet Hardscape area: 27,128 square feet EN -22 The north and south side of Vintage Dr from 165 feet east of Countrywood PI to 338 feet west of Countrywood PI. Ground Cover area: 13,603 square feet Hardscape area: 7,365 square feet EN -23 The north side of Wilson Ave and median from Etiwanda Ave west to Etiwanda Ave. The east side of Etiwanda Ave from Wilson Ave to 1150 feet north of Wilson Ave. Ground Cover area: 32,027 square feet Hardscape area: 29,567 square feet EN -24 The north side of Vintage Dr from 360 feet west of Ascot PI to 230 feet east of Countrywood PI. The south side of Vintage Dr from Ascot PI to 500 feet east of Countrywood PI. Ground Cover area: 34,707 square feet Hardscape area: 92,600 square feet EN -25 The east side of Bluegrass Ave from Banyan St to 610 feet north of Banyan St. Ground Cover area: 4,054 square feet Hardscape area: 5,819 square feet EN -26 The south side of Banyan St from Bluegrass Ave to Greenwood PI. Ground Cover area: 6,240 square feet Hardscape area: 3,200 square feet EN -27 The south side of Banyan St from Laurel Blossom PI to Etiwanda Ave. Ground Cover area: 1,703 square feet Hardscape area: 8,417 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 8 Page 869 EN -28 The north side of Wilson Ave from Cervantes PI to 1715 feet west of Cervantes PI. The west side of Cervantes PI from Carmel Knolls Dr to Wilson Ave. The paseo from Wilson Ave to Tejas Ct. The median on Wilson Ave from Cervantes PI to Bluegrass Ave. The following temporary landscape: There is one planter on the west side of Altura Dr at Tejas Ct. There are five planters on the south side of Tejas Ct from Altura Dr to 195 feet east of Altura Dr. Ground Cover area: 25,048 square feet Hardscape area: 22,532 square feet EN -29 The south side of Banyan St from 787 feet west of East Ave to East Ave. The west side of East Ave from Banyan St to 600 feet south of Blue Gum. The east side of East Ave from Banyan St to 537 feet south of Banyan St. Ground Cover area: 16,111 square feet Hardscape area: 15,774 square feet EN -30 The east side of Bluegrass Ave from 257 feet south of Churchill Dr to 418 feet north of Churchill Dr. Ground Cover area: 9,303 square feet Hardscape area: 5,302 square feet EN -31 The south side of Banyan St from 375 feet south of Cashew Way to Rose Way. The north side of Banyan St from 435 feet west of Peak PI to Wardman Bullock Rd. Ground Cover area: 53,000 square feet Hardscape area: 26,855 square feet EN -32 The landscaping south of the equestrian trail from 210 feet west of Grovewood PI to 1,170 feet east of Grovewood PI. Ground Cover area: 6,900 square feet EN -33 The north side of Young's Canyon Rd from 600 feet east of Banyan St to Banyan St. The east side of Wardman Bullock Rd from Banyan St to Wilson Ave. The south side of Wilson Ave from Wardman Bullock Rd to 635 feet east of Fields PI. Ground Cover area: 66,601 square feet Hardscape area: 46,332 square feet EN -34 The west side of Wardman Bullock Rd from Wilson Ave to Banyan St. Parkview Way from Wardman Bullock Rd to Soledad Way. Ground Cover area: 67,021 square feet Hardscape area: 34,045 square feet EN -35 The north side of Day Creek Blvd from Etiwanda Ave to Indian Wells PI Ground Cover area: 160,737 square feet Hardscape area: 128,254 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 8 Page 870 EN -36 The south side of Day Creek Blvd from 380 feet north of Coyote Dr to Etiwanda Ave. The west side of Etiwanda Ave from Day Creek Blvd to 170 feet north of N Rim Way. The west side of Day Creek Blvd from 380 feet north of Coyote Dr to Indian Wells PI. Ground Cover area: 58,398 square feet Hardscape area: 68,127 square feet EN -37 The east side of East Ave from 235 feet south of Hunt Club Dr to 375 feet north of Hunt Club Dr. Ground Cover area: 5,559 square feet Hardscape area: 5,231 square feet EN -38 The west side of East Ave from 236 feet north of Philly Dr to 245 feet south of Philly Dr. Ground Cover area: 4,605 square feet Hardscape area: 3,394 square feet EN -39 The south side of Banyan St from Golden Lock PI to Raindrop PI Ground Cover area 6,024 square feet Hardscape area: 330 square feet EN -40 The west side of Wardman Bullock Rd from Colonbero Rd to Breeders Cup Dr. The east side of Wardman Bullock Rd from Colonbero Rd to 385 feet south of Colonbero Rd. Ground Cover area: 28,527 square feet Hardscape area: 21,723 square feet EN -41 The north side of Colonbero Rd from Wardman Bullock Rd to Ambleside PI. The south side of Colonbero Rd from 150 feet east of Wardman Bullock Rd to Ambleside PI. The east side of Ambleside PI from Colonbero Rd to 700 feet north of Colonbero Rd. Ground Cover area: 17,065 square feet Hardscape area: 12,990 square feet EN -42 The west side of Wardman Bullock Rd from 778 feet north of Coral Sky Dr to Wilson Ave. The north side of Wilson Ave from Wardman Bullock Rd to 218 feet west of Compass PI. The east and west sides of Compass PI. from Wilson Ave to the entrance monuments. Ground Cover area: 31,809 square feet Hardscape area: 34,321 square feet Landscape Maintenance District No. 7 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 8 Page 871 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 11 Fiscal Year 2018/19 ATTACHMENT 8 Page 872 Etiwa nda Av East Av i Day Creek BI i // T I m T T NI z A a (z I N I ' N i lir M • z i 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 Total Expenditures Budget $ 1,217,910 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 8 Page 874 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 127,110 Part-time Salaries 13,160 Fringe Benefits 62,170 Subtotal - Personnel 202,440 Operations and Maintenance: Operations and Maintenance: O & M/General 39,800 O & M/Facilities 1,500 Emergency Equipment and Vehicle Rental 2,200 Subtotal - Operations and Maintenance 43,500 Contract Services: Contract Services/General 446,190 Contract Services/Facilities 2,750 Tree Maintenance 25,090 Subtotal - Contract Services 474,030 Utilities: Telephone Utilities 820 Water Utilities 364,960 Electric Utilities 27,640 Subtotal - Utilities 393,420 Assessment Administration 14,430 Admin./General Overhead 89,410 Other Expenses 680 Subtotal - Operations and Maintenance 1,015,470 Total Expenditures Budget $ 1,217,910 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 8 Page 874 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 14 Fiscal Year 2018/19 ATTACHMENT 8 Page 875 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 937,780 Anticipated Prior Year Delinquencies Collection 11,860 Subtotal - Taxes 949,640 Other Revenues: Interest Earnings 16,070 Other Rental/Lease Income 25,660 Park Maintenance Fees 540 Sports Field User Group Rentals 5,590 Subtotal - Other Revenues: 47,860 Transfer In 30,000 Total Revenues Budget $ 1,027,500 Contribution to/(Use of) Fund Balance $ (190,410) Total Gross Estimated Assessments $ 947,249.25 Total District EBU Count 3,085.00 Actual Assessment per EBU - Fiscal Year 2018/19 $ 307.05 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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 14 Fiscal Year 2018/19 ATTACHMENT 8 Page 875 Operating Reserve Estimated Reserve Fund Balance, June 30, 2018 $ 1,048,185 Contribution to Reserve - Fiscal Year 2018/19 (190,410) Estimated Reserve Fund Balance, June 30, 2019 $ 857,775 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. 7 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 8 Page 876 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. 7 — City of Rancho Cucamonga 16 Fiscal Year 2018/19 ATTACHMENT 8 Page 877 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 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 8 Page 878 • 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 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 Landscape Maintenance District No. 7 — City of Rancho Cucamonga 18 Fiscal Year 2018/19 ATTACHMENT 8 Page 879 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 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. 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 19 Fiscal Year 2018/19 ATTACHMENT 8 Page 880 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU Units/Acres Total EBUs Single Family Residential $307.05 $307.05 3,085.00 3,085.00 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. 7 — City of Rancho Cucamonga 19 Fiscal Year 2018/19 ATTACHMENT 8 Page 880 oa�gg c aaBs��R°6.� s CU 3ii¢ag:€ s m :gagaa' D o W a .. .if .;a as O s 2 (S &aas W Z1 W CD U) j lls Grove Av ;_.._..=--•—••�._t— Q s pp Y j ! Carnelian St Vineyard Av j Hellman Av i Hellman Av Archibald Av Archibald Av Hermosa AvM111 Hermosa Av Haven Av Haven Av Milliken Av Milliken Av i Rochester Av j Rochester Av ' Day C B I y Etiwanda Av Etiwanda Av S2East Av �_._.._.._.._...----- _� ai D 0 o °o W CD N � 0 CL Ut ' Cherry Av CL � v v 3 F1* U Landscape Maintenance District No. 7 — City of Rancho Cucamonga 20 Fiscal Year 2018/19 ATTACHMENT 8 Page 881 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessments for the District: 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 2018/19: Actual Total Units/ Apn Assessment Total Acres Total EBUs Property Type Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Total Assessment Single Family Residential $307.05 3,085.00 3,085.00 $947,249.25 Totals 3,085.001 3,085.00 $947,249.25 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 2018/19: Landscape Maintenance District No. 7 — City of Rancho Cucamonga 21 Fiscal Year 2018/19 ATTACHMENT 8 Annexation Total Units/ Apn Date Project Name Acres Total EBUs Property Type 1087-261-12 08/02/17 PM 17663 12.00 12.00 SFD )225-122-83 10/18/17 DRC2015-00821 1.00 1.00 SFD Landscape Maintenance District No. 7 — City of Rancho Cucamonga 21 Fiscal Year 2018/19 ATTACHMENT 8 Preliminary Annual Engineering Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 8 (South Etiwanda) Page 883 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 Page 884 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 General Benefit 11 Special Benefit 11 Method of Assessment Spread 12 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 885 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 Landscape Maintenance District No. 8 — City of Rancho Cucamonga Fiscal Year 2018/19 Fiscal Year 2018/19 Budget $ 4,880 32,570 37,450 33,920 380 34,300 1,000 35,300 $ (2,150) 226.22 $ 151.45 $ 151.45 1 ATTACHMENT 9 Page 886 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. 8 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 9 Page 887 INTRODUCTION Reason for Assessment Approval of the assessment covered by this Engineer's Report will generate the revenue necessary to: Provide for the maintenance and servicing of the improvements described in this Engineer's Report. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of any improvement or facility such as paseos, community trails, fencing and irrigation systems, and providing for the growth, vigor and care of the trees and landscape plant materials. Servicing means the furnishing of electricity, gas or other illuminating energy for the lighting of landscape or appurtenant facilities. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District. Process for Annual Assessment The City cannot levy and collect annual assessments within the District without complying with the procedures specified in the 1972 Act. On an annual basis, an Engineer's Report must be prepared which contains a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the District for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the District by its distinctive designation and indicate the general location of the District. • Refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. If the assessments are to be levied in the same or lesser amounts than the maximum assessment amount approved, the City Clerk shall give notice by causing the resolution of intention to be published. Any interested person may, prior to the conclusion of the public hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon Landscape Maintenance District No. 8 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 9 Page 888 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 Dr, east of East Ave, including the south side of Highstone Manor Ct, the south side of Smokestone St, and to the San Bernardino County Flood Control drainage basin on east side. Typically, parcels have been annexed to the District as they have been developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects Landscape Maintenance District No. 8 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 9 Page 889 and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Site # Descriptive Location SE -1 The east side of East Ave from 480 feet south of Catalpa St to 182 feet north of Catalpa St. The north and south side of Catalpa St from East Ave to Brownstone PI. The west side of Brownstone PI from Catalpa St to 150 feet south of Catalpa St. Not including the frontage parkway at 6649 East Ave. Ground Cover area: 10,355 square feet Turf area: 6,258 square feet Hardscape area: 4,050 square feet SE -2 The south side of Fisher Dr from 361 feet east of East Ave to 210 feet east of Starstone PI. Ground Cover area: 9,366 square feet Hardscape area: 4,074 square feet SE -3 The south side of Fisher Dr from 860 feet west of Mulberry St to Mulberry St. Ground Cover area: 3,676 square feet Hardscape area: 6,910 square feet Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. With a Majority Protest for the Proposition 218 Ballot Initiative in September 2010, the City stopped maintaining the north side of Fisher Dr and reduced the service level to a B. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 8 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 9 Page 890 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 9 Page 891 jj$ } East Av ' --Till till: 131jjjja}, 4 I I o � m I ry � ♦ ♦ i � i ai ♦ "♦ w y ♦ ♦♦ I I 0 �♦ I i z r w I v 110 i I (p . W 00 CD cD cQ' CO O Q �• J ♦"♦ N ♦ 7 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 9 Page 891 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 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 9 Page 892 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 3,320 Fringe Benefits 1,560 Subtotal - Personnel 4,880 Operations and Maintenance: Operations and Maintenance: O & M/General 2,250 Contract Services: Contract Services/General 10,180 Tree Maintenance 3,720 Subtotal - Contract Services 13,900 Utilities: Water Utilities 6,390 Electric Utilities 1,450 Subtotal - Utilities 7,840 Assessment Administration 950 Adm in./General Overhead 7,630 Subtotal - Operations and Maintenance 32,570 Total Expenditures Budget $ 37,450 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 9 Page 892 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, 2018 $ 68,396 Contribution to Reserve - Fiscal Year 2018/19 (2,150) Estimated Reserve Fund Balance, June 30, 2019 $ 66,246 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 9 Page 893 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 33,920 Anticipated Prior Year Delinquencies Collection 380 Subtotal - Taxes 34,300 Other Revenues: Interest Earnings 1,000 Total Revenues Budget $ 35,300 Contribution to/(Use of) Fund Balance $ (2,150) Total Gross Estimated Assessments $ 34,261.02 Total District EBU Count 226.22 Actual Assessment per EBU - Fiscal Year 2018/19 $ 151.45 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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, 2018 $ 68,396 Contribution to Reserve - Fiscal Year 2018/19 (2,150) Estimated Reserve Fund Balance, June 30, 2019 $ 66,246 Landscape Maintenance District No. 8 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 9 Page 893 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. 8 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 9 Page 894 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. 8 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 9 Page 895 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. Landscape Maintenance District No. 8 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 9 Page 896 The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. Landscape Maintenance District No. 8 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 9 Page 897 The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. 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 13 Fiscal Year 2018/19 ATTACHMENT 9 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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 13 Fiscal Year 2018/19 ATTACHMENT 9 :C V3 1t 6$I'Vi flflfld 3 isle s.r 'J-zag.j� IAN dal;s� :ia g�saa'�Q� pp € s �� }ids aQs ��Qg�g}}383 i��sg3�3g �zi93aS$5845 2 W y Q v CD ca 7 D o n �p ...._�� O ? N N W (n Grove Av ;_.._..---•—••�.� CD %� ._..� 4,; Carnelian St Vineyard Av rn A S Hellman Av s Archibald Av ! 1 Hermosa Av i Haven Av! Milliken Av Rochester Av Etiwanda Av 11 s East Av r.� U) r M o a OD r 3 D o p O W S y co -- W r m CL CL Cherry Av Rochester Av ........... ._.._. Day Creek Etiwanda Av Hellman Av Archibald Av Hermosa Av Haven Av I Milliken Av Landscape Maintenance District No. 8 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 9 Page 899 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 151.451 13.61 27.22 4,122.47 Totals 1 212.61 226.22 $34,261.02 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 8 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 9 Page 900 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 9 (Lower Etiwanda) Page 901 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 Page 902 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 7 ESTIMATE OF COSTS 9 District Budget 9 Definitions of Budget Items 11 METHOD OF ASSESSMENT 12 Overview 12 General Benefit 13 Special Benefit 13 Method of Assessment Spread 14 Cost of Living Inflator 15 ASSESSMENT DIAGRAM 16 ASSESSMENT ROLL AND ANNEXATIONS 18 Assessment Roll 18 Annexations 18 Page 903 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 Landscape Maintenance District No. 9 — City of Rancho Cucamonga Fiscal Year 2018/19 Fiscal Year 2018/19 Budget $ 321,230 327,100 501,000 1,149,330 507,940 1,380 509,320 18,890 528,210 $ (621,120) 2,165.56 $ 236.92 $ 587.74 1 ATTACHMENT 10 Page 904 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. 9 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 10 Page 905 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. 9 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 10 Page 906 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Lower Etiwanda, which is south of Victoria St, north of Foothill Blvd, generally east of Etiwanda Ave and the 1-15 Freeway and west of East Ave. Typically, parcels have been annexed to the District as they have developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, Landscape Maintenance District No. 9 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 10 Page 907 repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Garcia Park (formerly known as South Etiwanda Park). Site # Descriptive Location 9-1 The west side of East Ave from 380 feet north of Chateau Dr to 290 feet south of Chateau Dr. Ground Cover area: 7,244 square feet Hardscape area: 7,525 square feet 9-2 The west side of East Ave from 339 feet north of Brookfield Dr to 157 north of Brookfield Dr. Brookfield Dr from East Ave to Oakcrest Ct. The east side of Oakcrest Ct to 137 feet north of Brookfield Dr. Ground Cover area: 2,390 square feet Hardscape area: 6,874 square feet 9-3 The west side of East Ave from 790 feet north of Highfield Dr to 256 feet south of Highfield Dr. Ground Cover area: 8,769 square feet Hardscape area: 10,669 square feet 9-4 The west side of East Ave from 295 feet north of Via Veneto Dr To Via Veneto Dr. The north side of Via Veneto Dr From East Ave to Dolcetto PI. The east side of Dolcetto PI from Via Veneto Dr to Miller Ave. The south side of Miller Ave from 372 feet west of Dolcetto PI to 240 feet east of Dolcetto PI. The west side of Dolcetto PI from Miller Ave to Garcia Dr. The north side of Garcia Dr from Dolcetto PI to Etiwanda Ave. Ground Cover area: 48,612 square feet Hardscape area: 28,746 square feet 9-5 The north side of Miller Ave from 429 feet west of Dolcetto PI to 1029 feet west of Dolcetto PI. Ground Cover area: 6,519 square feet Hardscape area: 3,325 square feet Landscape Maintenance District No. 9 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 10 Page 908 9-6 The north side of Miller Ave from 254 feet east of Dolcetto PI to 167 feet west of Dolcetto PI. Ground Cover area: 4,089 square feet Hardscape area: 2,854 square feet 9-8 The south side of Base Line Rd from Etiwanda Ave to Shelby PI. The Base Line Rd median from Etiwanda Ave to 473 feet east of Shelby PI. Ground Cover area: 16,395 square feet Hardscape area: 14,558 square feet 9-9 The north side of Candlewood St from Exbury PI to Etiwanda Ave. Ground Cover area: 3,362 square feet Hardscape area: 786 square feet 9-10 The north side of Base Line Rd from 522 feet east of Forester PI to 180 feet west of Forester PI. The Base Line Rd median from 503 feet east of Forester PI to 200 feet west of Forester PI. Ground Cover area: 16,930 square feet Hardscape area: 13,600 square feet 9-11 The north side of Mueller Ct from 40 feet past the east end of Mueller Ct to 20 feet east of Dicarlo PI. Ground Cover area: 9,420 square feet Hardscape area: 742 square feet 9-12 The north and south sides of Highland Ave from 217 feet west of Norcia Dr to 210 feet east of Dicarlo PI. Ground Cover area: 12,471 square feet Hardscape area: 14,445 square feet 9-13 The south side of Carnesi Dr from Etiwanda Ave to 395 feet east of Murietta Ct. Ground Cover area: 8,919 square feet Hardscape area: 6,203 square feet 9-14 The west side of East Ave from 665 feet north of Miller Ave to Miller Ave. The north side of Miller Ave from East Ave to 667 feet west of East Ave. Ground Cover area: 9,150 square feet Hardscape area: 16,226 square feet 9-15 The north side of Base Line Rd from Shelby PI to 343 feet east of Shelby PI. Ground Cover area: 3,480 square feet Hardscape area: 4,638 square feet Landscape Maintenance District No. 9 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 10 Page 909 9-16 The east side of Dolcetto PI from Garcia Dr to Via Veneto Dr. The south side of Via Veneto Dr from Dolcetto PI to East Ave. The west side of East Ave from Via Veneto Dr to 276 feet south of Via Veneto Dr. Ground Cover area: 16,310 square feet Hardscape area: 13,411 square feet 9-17 The east side of Etiwanda Ave from 145 feet south of Miller Ave to Miller Ave. The south side of Miller Ave from Etiwanda Ave to Three Vines PI. Ground Cover area: 7,535 square feet Hardscape area: 6,130 square feet FH -17 The Foothill Blvd median from Etiwanda Ave to Cornwell Ct. Ground Cover area: 8,275 square feet Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City's Park Maintenance Crews. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 10 Page 910 1. I9 u. ISI` J'ieJgJ j� F3d�'�J•� j3� jc4��3�}1�1 R oc hester Av i i I O A 'd r Day Creek BI ll » -- - --- -----Etiwanda Av rF T V CO �o V V N ■ � ,N p cD .,_I �� A • East Av n ------- �_--- �--�-- --- — � Ire ----� �------ � /}� z Landscape Maintenance District No. 9 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 10 Page 911 I o2)CD2) :z 3 N CD CD W z Landscape Maintenance District No. 9 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 10 Page 911 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 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 10 Page 912 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 201,390 Part-time Salaries 21,200 Fringe Benefits 98,640 Subtotal - Personnel 321,230 Operations and Maintenance: Operations and Maintenance: O & M/General 30,510 Cellular Technology 2,740 Emergency Equipment and Vehicle Rental 1,200 Subtotal - Operations and Maintenance 34,450 Contract Services: Contract Services/General 132,160 Tree Maintenance 33,930 Subtotal - Contract Services 166,090 Utilities: Water Utilities 56,580 Electric Utilities 9,590 Subtotal - Utilities 66,170 Assessment Administration 6,890 Admin./General Overhead 53,500 Subtotal - Operations and Maintenance 327,100 Capital Expenditures: Captial Outlay- Equipment 1,000 Captial Project 500,000 Subtotal - Capital Expenditures 501,000 Total Expenditures Budget $ 1,149,330 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 10 Page 912 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 507,940 Anticipated Prior Year Delinquencies Collection 1,380 Subtotal - Taxes 509,320 Other Revenues: Interest Earnings 16,390 Park Maintenance Fees 2,000 Sports Field User Group Rentals 500 Subtotal - Other Revenues: 18,890 Total Revenues Budget $ 528,210 Contribution to/(Use of) Fund Balance $ (621,120) Total Gross Estimated Assessments $ 513,064.48 Total District EBU Count 2,165.56 Actual Assessment per EBU - Fiscal Year 2018/19 $ 236.92 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 587.74 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, 2018 $ 1,204,057 Contribution to Reserve - Fiscal Year 2018/19 (621,120) Estimated Reserve Fund Balance, June 30, 2019 $ 582,937 Landscape Maintenance District No. 9 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 10 Page 913 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. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 10 Page 914 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. 9 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 10 Page 915 The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. General Benefit Section 4 of Article XIII D of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. In this District, the improvements being financed consists of the maintenance of local improvements located within the boundaries of the District and include paseos, street trees, landscaped areas and appurtenant facilities that are located throughout the District and were installed to create a common landscape theme and neighborhood identity for parcels within the District. The improvements are situated within the public rights-of-way of the internal local street network within the District which provides ingress and egress for parcels within the District to access the City's system of arterial streets. City residents and traffic from parcels not within the District do not use the internal local street network or paseos except for the express purpose of accessing properties located within the District, and therefore do not benefit from the improvements. Only parcels which are within the District and proximate to the improvements and within the Assessment District are being assessed. Accordingly, there is a direct physical and visual nexus between each parcel being assessed and the improvements to be funded by the assessment that does not exist for parcels outside of the District boundary and that is particular and distinct from that shared by the public at large. Under these circumstances, all of the benefits conferred are direct and local in nature, and provide a benefit to only those parcels located within the boundaries of the District. Based upon this, it has been determined that there is no quantifiable general benefit to the surrounding community and the public in general from the maintenance of the improvements within the boundaries of the District, and therefore no portion of the project costs should be attributed to general benefit. Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District and, as such, confer a special and direct benefit to parcels within the District by: • improving the livability, appearance, and desirability for properties within the boundaries of the District, and Landscape Maintenance District No. 9 — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 10 Page 916 • 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 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. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 10 Page 917 The following summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. 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 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 2018/19 actual assessment rate will increase from $140.00 to $236.92 per single-family residence, the rate was 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. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 10 Page 918 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU Units/Acres Total EBUs Single Family Residential $587.74 $236.92 1,072.00 1,072.00 Multi -Family Residential 587.74 236.92 1,057.00 1,057.00 Non -Residential 587.74 236.92 18.28 36.56 The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Cost of Living Inflator Each fiscal year beginning with Fiscal Year 2001/02, 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 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 2018/19 actual assessment rate will increase from $140.00 to $236.92 per single-family residence, the rate was 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. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 10 Page 918 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 16 Fiscal Year 2018/19 ATTACHMENT 10 Page 919 q�i��Yi 9�:cs i a aga4;i:° m o0 g o 991 ;c° � R. O 5 (S Fla --5} -C= r s . 31 S''RBill,. CD Yc3Grove Av ,_.._..=--• g _..�� g34 a3 S3-9 a , Q r'. Vineyard Av j rn Hellman Avg Archibald Av Hermosa Av Haven Av! 1 1 1 Milliken Av Rochester Av Etiwanda Av U i i i� Hermosa Av i r� i Haven Av I 1 CD 1 ,_.._.._.,_.._.J Milliken Av L� p Rochester Av M (n i n i C1 Etiwanda Av i CL (D E r 3 N ..............0 U, U �n � < D o 0 0 00 CD CD a Cherry Av wo 0'sz a� yI�w Carnelian St I IHellman Av i i Archibald Av Hermosa Av i i Haven Av I 1 1 ,_.._.._.,_.._.J Milliken Av Rochester Av ay Creek BI 1 (n i n i C1 Etiwanda Av i i (D r ..............0 CD �n � < d �. 0 W Landscape Maintenance District No. 9 — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 10 Page 920 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 $236.92 1,072.00 1,072.00 $253,978.24 Multi -Family Residential $236.92 1,057.00 1,057.00 250,424.44 Non -Residential $236.921 18.281 36.561 $8,661.80 Totals 1 1 2,147.281 2,165.561 $513,064.48 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There are no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 9 — City of Rancho Cucamonga 18 Fiscal Year 2018/19 ATTACHMENT 10 Page 921 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Landscape Maintenance District No. 10 (Rancho Etiwanda) Page 922 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 Page 923 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 7 ESTIMATE OF COSTS 9 District Budget 9 Definitions of Budget Items 11 METHOD OF ASSESSMENT 12 Overview 12 General Benefit 13 Special Benefit 13 Method of Assessment Spread 14 Cost of Living Inflator 15 ASSESSMENT DIAGRAM 15 ASSESSMENT ROLL and ANNEXATIONS 17 Assessment Roll 17 Annexations 17 Page 924 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscape and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-053, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 270,660 Operations and Maintenance 424,170 Capital Expenditures 2,000 Total Expenditures Budget 696,830 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 Landscape Maintenance District No. 10 — City of Rancho Cucamonga Fiscal Year 2018/19 573,200 6,750 579,950 40,770 620,720 $ (76,110) 786.00 $ 736.62 $ 904.44 1 ATTACHMENT 11 Page 925 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. 10 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 11 Page 926 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. 10 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 11 Page 927 hearing, file a written protest which shall state all grounds of objection. The protest shall contain a description sufficient to identify the property owned by the property owner filing the protest. During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area known as Rancho Etiwanda, which lies north of the 210 Freeway, east of Day Creek Channel, and west of Bluegrass Ave. Typically parcels have been annexed to the District as they have developed. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements maintained by the District include the paseos, community trails, trees, landscaped sites and appurtenant facilities that are throughout the District. These improvements are located within the street right-of-ways and dedicated public easements which are within the boundaries of the District. The landscaping maintenance includes, but is not limited to, the pruning, fertilizing, mowing, weeding, pest control, removal of trash/debris, and irrigation of the trees, shrubs, vines, ground cover, and turf. Maintenance of associated improvements and facilities, such as community trails, fencing and irrigation systems, includes but is not limited to, grading and replacement of trail surfacing, trail fence repair and replacement, steel fence painting, repair and replacement, and irrigation systems control, adjustment, trouble -shooting, Landscape Maintenance District No. 10 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 11 Page 928 repair and replacement. Services include personnel, materials, contracting services, utilities, capital projects and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in a healthy, vigorous and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, including the future ability to replace landscaping with drought resistant or low water use plants, in order to lower expenses of the District. The breakdown of maintained areas is as follows: Parks: Day Creek Park. Site # Descriptive Location 10-1 The west side of Day Creek Blvd from 790 feet north of Richfield Dr to Wilson Ave. The north side of Wilson Ave from Day Creek Blvd to 227 feet west of Day Creek Blvd. This site overlaps 10-2. Ground Cover area: 16,941 square feet Hardscape area: 3,589 square feet 10-2 The north and south side of Wilson Ave from 497 feet west of Alvarado PI to Day Creek Blvd. The south side of Wilson Ave from Day Creek Blvd to Bluegrass Ave. The Wilson Ave median from Day Creek Blvd to Bluegrass Ave. Ground Cover area: 47,275 square feet Hardscape area: 6,444 square feet 10-3 The west side of Day Creek Blvd from Wilson Ave to 144 feet south of Clydesdale Dr. The Day Creek Blvd median from Wilson Ave to Banyan St. Ground Cover area: 32,619 square feet Hardscape area: 10,983 square feet 10-4 10-5 The east side of Day Creek Blvd from 648 feet south of Keenland Dr to Wilson Ave. Ground Cover area: 15,952 square feet Hardscape area: 4,365 square feet The west side of Bluegrass Ave from Wilson Ave to 705 feet south of Challendon Dr. Ground Cover area: 26,882 square feet Hardscape area: 12,220 square feet 10-6 The south side of Banyan St from Rochester Ave to Day Creek Blvd. The north side of Banyan St from 427 feet west of Rocking Horse PI to Rocking Horse PI. The west side of Day Creek Blvd from Banyan St to Vintage Dr. The north side of Vintage Dr from Day Creek Blvd to the paseo ending 153 feet west of Sandhill PI. Ground Cover area: 44,000 square feet Hardscape area: 16,197 square feet Landscape Maintenance District No. 10 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 11 Page 929 10-7 The north side of Vintage Dr from 180 feet east of Taylor Canon PI to Day Creek Blvd. The east side of Day Creek Blvd from Vintage Dr to Banyan St. The south side of Banyan St from Day Creek Blvd to Bluegrass Ave. Ground Cover area: 22,164 square feet Hardscape area: 11,724 square feet 10-8 The landscape against the south side facing wall north of the 210 freeway from the top of the slope on the east side of Day Creek Blvd to 300 feet eastward. The Day Creek Blvd median from the 210 freeway to Vintage Dr. The east side of Day Creek Blvd from Caltrans ROW to Vintage Dr. The south side of Vintage Dr from Day Creek Blvd to 180 feet east of Taylor Canyon PI. Ground Cover area: 16,841 square feet Hardscape area: 7,025 square feet 10-9 The north side of Coyote Dr from Brookstone PI to Day Creek Blvd. The east side of Day Creek Blvd from Coyote Dr to 358 feet north of Coyote Dr. The west side of Day Creek Blvd from 118 feet north of Coyote Dr to 380 feet north of Coyote Dr. Ground Cover area: 9,403 square feet Hardscape area: 6,052 square feet 10-10 The north side of Wilson Ave from 395 feet east of Day Creek Blvd to Day Creek Blvd. The east side of Day Creek Blvd from Wilson Ave to Blackstone Dr. The south side of Blackstone Dr from Day Creek Blvd to Stoneview Rd. The north side of Blackstone Dr from Day Creek Blvd to 165 feet west of Stoneview Rd. Ground Cover area: 26,304 square feet Hardscape area: 19,117 square feet 10-11 The west side of Day Creek Blvd from 340 feet north of Banyan St to Banyan St. The north side of Banyan St from Day Creek Blvd to Rocking Horse PI. Ground Cover area: 20,378 square feet Hardscape area: 11,212 square feet 10-12 The paseo on the east side of Stoneview Rd across from Duncaster PI. Ground Cover area: 3,326 square feet Hardscape area: 2,374 square feet 10-13 The west side of Day Creek Blvd from 340 feet south of Vintage Dr to 915 feet south of Vintage Dr. Ground Cover area: 27,416 square feet Hardscape area: 16,167 square feet Landscape Maintenance District No. 10 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 11 Page 930 10-14 The south side of Vintage Dr from Saddle Tree PI to Day Creek Blvd. The west side of Day Creek Blvd from Vintage Dr to 325 feet south of Vintage Dr. Ground Cover area: 7,777 square feet Hardscape area: 8,101 square feet *This sites irrigation pump and valves are powered from site 10-13 Ground cover, shrubs and turf areas that make up parkways, median islands and paseos are maintained under contract by a private landscape maintenance company. Parks are maintained by the City's Park Maintenance Crews. Map of Improvements The following page shows the map of landscaping improvements, including irrigation sites and community trails, to be maintained using District funds. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 11 Page 931 r Qy,g7g4s� o Rilf�.�ga f 1 i ! yyj5 � 0 I � 0 I oc lit N lS��afSi�fd? i r I I � I I � 0 I � 0 I 0 Z Landscape Maintenance District No. 10 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 11 Page 932 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 Operations and Maintenance: Fiscal Year Operations and Maintenance: 2018/19 Budget Expenditures 21,400 Personnel Services: 1,500 Regular Salaries $ 158,180 Overtime Salaries $ 1,050 Part-time Salaries 31,110 Fringe Benefits 80,320 Subtotal - Personnel 270,660 Operations and Maintenance: Operations and Maintenance: O & M/General 21,400 O & M/Facilities 1,500 Emergency Equipment and Vehicle Rental 2,000 Equip Operations & Maint 500 Subtotal - Operations and Maintenance 25,400 Contract Services: Contract Services/General 189,490 Contract Sery/Facilities 3,950 Tree Maintenance 11,800 Subtotal - Contract Services 205,240 Utilities: Water Utilities 98,900 Electric Utilities 20,080 Subtotal - Utilities 118,980 Assessment Administration 4,120 Admin./General Overhead 69,780 Misc Contributions to City 650 Subtotal - Operations and Maintenance 424,170 Capital Expenditures: Captial Outlay - Equipment 2,000 Total Expenditures Budget $ 696,830 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 11 Page 933 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 573,200 Anticipated Prior Year Delinquencies Collection 6,750 Subtotal - Taxes 579,950 Other Revenues: Interest Earnings 16,000 Other Rental/Lease Income 7,500 Park Maintenance Fees 4,740 Sports Field User Group Rentals 2,000 Sports Lighting Fees 7,030 Other Revenue 3,500 Subtotal - Other Revenues: 40,770 Total Revenues Budget $ 620,720 Contribution to/(Use of) Fund Balance $ (76,110) Total Gross Estimated Assessments $ 578,983.32 Total District EBU Count 786.00 Actual Assessment per EBU - Fiscal Year 2018/19 $ 736.62 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 904.44 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, 2018 $ 1,152,514 Contribution to Reserve - Fiscal Year 2018/19 (76,110) Estimated Reserve Fund Balance, June 30, 2019 $ 1,076,404 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 11 Page 934 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 2018/19 ATTACHMENT 11 Page 935 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. 10 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 11 Page 936 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 large do not Landscape Maintenance District No. 10 — City of Rancho Cucamonga 13 Fiscal Year 2018/19 ATTACHMENT 11 Page 937 share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District, only properties within the District receive a special benefit and are assessed for said maintenance. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements is identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. The following table provides the weighting factors applied to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the landscaping and community trail improvements is assessed to the individual parcels of real property within the Landscape Maintenance District No. 10 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 11 Page 938 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU Units/Acres Total EBUs Single Family Residential $904.44 $736.62 786.00 786.00 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 Landscape Maintenance District No. 10 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 11 Page 938 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 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 2018/19 will increase from $711.71 to $736.62 per single-family residence, a rate increase of 3.5% as compared to Fiscal Year 2017/18. 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 2018/19 ATTACHMENT 11 Page 939 �a�adi:$t3�i' u'a ani 7g �-.tea �gp3Sg`si$g}i 9gR-a �gQua �aePt� a��ii< g3�fis,9g90 W N a CD �g �gda�bgag' D o W = a s?Q3�y Grove Av a 9Iisgs39.q gCL �g o s 'QlI.a1gsa CD Vineyard Av rn A =r CO Hellman Av Y, Archibald Av 1 Hermosa Av j i Haven Av! Milliken Av I Rochester Av K i r i Rochester Av e ! T 1 Etiwanda Av : Etiwanda Av i �O East Av D m °o o s � CD 00 cD _r r N C CD � d j_.._.. _.._.._t t0 Cherry Av C mLD j L D r o 3 N rJ� u Landscape Maintenance District No. 10 — City of Rancho Cucamonga Fiscal Year 2018/19 Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av 16 ATTACHMENT 11 Page 940 ASSESSMENT ROLL and ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessment for the District: A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 11 Page 941 Actual Assessment Total Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Total Assessment Single Family Residential $736.62 786.00 786.00 $578,983.32 Totals 786.00 786.00 $578,983.32 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Landscape Maintenance District No. 10 — City of Rancho Cucamonga 17 Fiscal Year 2018/19 ATTACHMENT 11 Page 941 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 1 (Arterials) Page 942 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 Page 943 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 944 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 20,770 Operations and Maintenance 537,090 Debt Service 240,040 Transfer Out 47,880 Total Expenditures Budget 845,780 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 808,040 Anticipated Prior Year Delinquencies Collection 6,750 Subtotal - Taxes 814,790 Other Revenues 2,520 Total Revenues Budget 817,310 Contribution to/(Use of) Fund Balance $ (28,470) Total District EBU Count 45,931.12 Actual Assessment per EBU $ 17.77 Maximum Allowable Assement per EBU $ 17.77 Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 12 Page 945 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 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 2018/19 ATTACHMENT 12 Page 946 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. 1 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 12 Page 947 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing, must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City of Rancho Cucamonga. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 12 Page 948 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 12 Page 949 Grove Av�— !" T ! t � a3 s 9 i • Vineyard AV A � � N � i • Hellman AV � Archibald AV ' • Hermosa AV A Haven v f Milliken AV Rochester AV ^l� d A L—a � • Carnelian St ��••e �••N ••. �•� i it I ' ••• raw • M• ••• •w M • Hellman Ave ''AA •w i v/ so ••r .0aaaa •0••I Archibald AV MrY•� HermosaAv III /�"�►►►�^iii �•• ra•y Haven AV • • I II Milliken AV • • O i �• k BI I q. 0111, • v 0 g F `\ T u n Cherry AV f 0 D 0 � Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 12 Page 950 Etiwanda AV� ••ri ••M E t iii I vi N j � • i O East AV L-- ---- _— a•i East AV r p C7 m D 3 \ I N. 0 g F `\ T u n Cherry AV f 0 D 0 � Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 12 Page 950 N (D cin cin � r p C7 m p- r CD CD V) (D (D N 0 g F `\ T u n Cherry AV f 0 D 0 � Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 12 Page 950 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 Street Lighting Maintenance District No. 1 - City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 12 Page 951 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 14,130 Fringe Benefits 6,640 Subtotal - Personnel 20,770 Operations and Maintenance: Training 180 Membership Dues 50 O & M/General 7,990 Cellular Technology 2,000 Equipment Operations and Maintenance 500 Subtotal - Operations and Maintenance 10,720 Contract Services 47,750 Utilities: Telephone Utilities 1,500 Electric Utilities 290,000 Subtotal - Utilities 291,500 Assessment Administration 136,890 Adm in./General Overhead 50,230 Subtotal - Operations and Maintenance 537,090 Debt Service: Interest Expense 37,730 Principal Repayments 202,310 Subtotal - Debt Service 240,040 Transfer Out - General City Street Lights Fund 47,880 Total Expenditures Budget $ 845,780 Street Lighting Maintenance District No. 1 - City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 12 Page 951 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 808,040 Anticipated Prior Year Delinquencies Collection 6,750 Subtotal - Taxes 814,790 Other Revenues: Interest Earnings 1,520 Developer Energizing Fee 1,000 Subtotal - Other Revenues: 2,520 Total Revenues Budget $ 817,310 Contribution to/(Use of) Fund Balance $ (28,470) Total Gross Estimated Assessments $ 816,196.05 Total District EBU Count 45,931.12 Actual Assessment per EBU - Fiscal Year 2018/19 $17.77 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $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, 2018 $ 272,892 Contribution to Reserve - Fiscal Year 2018/19 (28,470; Estimated Reserve Fund Balance, June 30, 2019 $ 244,422 Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 12 Page 952 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 12 Page 953 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 12 Page 954 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 12 Page 955 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit ("EBU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Eauivalent 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 2018/19 maximum allowable assessment rates for the District: Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 12 Page 956 Maximum Allowable Actual Assessment Asessment Total Property Type (County Use Code) Rate per EBU Rate per EBU Units/Acres Total EBUs Single Family Residential $17.77 $17.77 27,875.00 27,875.00 Multi -Family Residential 17.77 17.77 11,621.00 11,621.00 Non -Residential 17.77 17.77 3,217.56 6,435.12 Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 12 Page 956 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 13 Fiscal Year 2018/19 ATTACHMENT 12 Page 957 g3 gY'a R$3a3ilq' ?�3q=3a�9�7 a Y3 33333 W p� u! 9�'36ss9gY°�0 ,4sa4=>ilv C_ co a 6 O W =r ip�Y Y$SM Ys 99�v.6;�Sny Qa �Y ui Grove Av Z7 W CD CO 3si�i�9sa�� Carnelian St Vineyard Av 44rn Hellman Av Hellman Av Archibald Av Archibald Av Hermosa Av _ Hermosa Av Haven Av Haven Av Milliken Av Milliken Av Rochester Av Rochester Av Day Cree B folk Etiwanda Av Etiwanda Av �• L East Av D m o o � W v �. oo r 5' N O O ` (C Q Cherry Av o cn 0 C. r 0 r �+ �D Vi• 3 N `. (n U) v Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 12 Page 958 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 27,875.00 27,875.00 $495,338.75 Multi -Family Residential 17.77 11,621.00 11,621.00 206,505.17 Non -Residential 1 17.77 3,217.56 6,435.12 114,352.13 Totals 1 42,713.56 45,931.12 $816,196.05 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 2018/19: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0210-081-13 02/01/17 PM 19474 2.97 5.94 MIND 0208-131-85 & 86 02/01/17 PM 17663 2.00 2.00 SFD 1089-031-37 02/15/17 PM 19637 10.04 20.08 Commercial 1077-601-13 & 14 05/03/17 DRC2016-00006 4.58 9.16 MIND 1087-261-12 08/02/17 PM 17663 12.00 12.00 SFD 0201-182-36 to 38 08/02/17 TR 18391 6.00 6.00 SFD 0229-141-06 & 07 08/16/17 DRC2016-00270 3.66 3.66 MIND 0208-031-58 & 59 09/06/17 DRC2014-00545 60.00 30.00 MULTI 0209-211-41 10/04/17 DRC2016-00522 4.77 4.77 MIND 0225-122-83 10/18/17 DRC2015-00821 1.00 1.00 SFD 0209-032-28 & 29 12/06/17 DRC2016-00695 7.51 7.51 MIND Street Lighting Maintenance District No. 1 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 12 Page 959 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 2 (Local Streets) Page 960 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 Page 961 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 962 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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 2018/19 Budget Expenditures Operations and Maintenance 261,590 Debt Service 256,020 Transfer Out 46,870 Total Expenditures Budget 564,480 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 371,030 Anticipated Prior Year Delinquencies Collection 4,030 Subtotal - Taxes 375,060 Other Revenues 1,000 Transfer In 188,420 Total Revenues Budget 564,480 Contribution to/(Use of) Fund Balance $ - Total District EBU Count 9,376.32 Actual Assessment per EBU $ 39.97 Maximum Allowable Assement per EBU $ 39.97 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 13 Page 963 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 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 2018/19 ATTACHMENT 13 Page 964 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. 2 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 13 Page 965 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the entire City west of Haven Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 13 Page 966 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 13 Page 967 �'}YQQiI 11 fill 11 o u � ca�fig7���y 1141 ,��?•i}}ii7p�9a} ���rr335¢4�yr- 1 q., Grove A v ' 4�=Yea `��gi Q3�34 Vineyard Av m � W i Zr / Hellman Av i Archibald Av Hermosa Av Haven Av l I I Milliken AvI}I; r� i I � Rochester Av 1__ EtivandaAv v», East Av N Y 7 G _ 8 g W , z � r in / w� i• OF • Will N• • • •• � I Carnelian St dm • • • ••• *� Holman Ave •••/ S} • age }+•7=0 W r , f••�Midi C3, Archibald Av i1 • ,*%ftNNN•I,, i i Hermosa Av ' ti Haven Av r i Milliken Av Z i 1 � 1 �— I 712✓jtf:. 1 rw ............. V! Day Creek BI 1 � 1 d Etiwanda Av 1 �/ d 1 East Av G p o A 77 1 ra i _rw,_, CMrdy Av . T$ Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 13 Page 968 11 ti_,i r r LJ • CD CD o m Q r N � 0 _ N (p to N N Y 7 G _ 8 g W , z � r in / w� i• OF • Will N• • • •• � I Carnelian St dm • • • ••• *� Holman Ave •••/ S} • age }+•7=0 W r , f••�Midi C3, Archibald Av i1 • ,*%ftNNN•I,, i i Hermosa Av ' ti Haven Av r i Milliken Av Z i 1 � 1 �— I 712✓jtf:. 1 rw ............. V! Day Creek BI 1 � 1 d Etiwanda Av 1 �/ d 1 East Av G p o A 77 1 ra i _rw,_, CMrdy Av . T$ Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 13 Page 968 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 Expenditures Operations and Maintenance: Contract Services/General Utilities: Electric Utilities Assessment Administration Adm in./General Overhead Subtotal - Operations and Maintenance Debt Services: Interest Expense Principal Repayments Subtotal - Debt Service Transfer Out - General Street Lights Fund Total Expenditures Budget Fiscal Year 2018/19 Budqet $ 20,980 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga Fiscal Year 2018/19 204,000 34,070 2,540 261,590 40,240 215,780 256,020 El 7 ATTACHMENT 13 Page 969 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 371,030 Anticipated Prior Year Delinquencies Collection 4,030 Subtotal - Taxes 375,060 Other Revenues: Developer Energizing Fee 1,000 Transfer In Transfer In - General Fund 188,420 Total Revenues Budget $ 564,480 Contribution to/(Use of) Fund Balance $ - Total Gross Estimated Assessments $ 374,771.50 Total District EBU Count 9,376.32 Actual Assessment per EBU - Fiscal Year 2018/19 $ 39.97 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Reserve $ 674,165 $ 674,165 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 13 Page 970 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 13 Page 971 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 13 Page 972 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the District that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 13 Page 973 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 1.00 Unit Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 13 Page 974 Maximum Allowable Actual Assessment Asessment Total Property Type (County Use Code) Rate per EBU Rate per EBU Units/Acres Total EBUs Single Family Residential $39.97 $39.97 7,257.00 7,257.00 Multi -Family Residential 39.97 39.97 2,049.00 2,049.00 Non -Residential 39.97 39.97 70.32 70.32 Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 13 Page 974 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 13 Fiscal Year 2018/19 ATTACHMENT 13 Page 975 �. a�?•�aeos 3T g11 Vag �a baa �1 V, '€ 9a3gzQs9ii� W ;3��a9:Ii�Q�s4 '� Q (D a €asaa a D -nW 7 .X n o s2'2�L�aS}gs = r i3ase9a ° 3 Y�aasa in Grove Av :Zl W � (D � cn g I a Carnelian St Vineyard Av rn .�. S Hellman Av S � Hellman Av Archibald Av Archibald Av Hermosa Av j Hermosa Av Haven Av Haven Av Milliken Av _.._.._.._.._.J Milliken Av Rochester Av Rochester Av 6.............—..�..rs Day Creek BI H. i � 1 Etiwanda Av Etiwanda Av i S S2 East Av i D o 0 W :3� U w4. CD W m r i r � N � CD _.� .._.._.._ a M tQ Cherry Av i n CID C-) rel M CL 1 r— o� n� r- D O n Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 13 Page 976 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessments for the District: Property Type (County Use Code) Actual Assessment Rate per EBU Total Units/Acres Total EBUs Total Assessment Single Family Residential $39.97 7,257.00 7,257.00 $ 290,062.29 Multi -Family Residential 39.971 2,049.00 2,049.00 $ 81,898.53 Non -Residential 1 39.97 35.16 70.32 $ 2,810.68 Totals 1 1 9,341.16 9,376.32 $ 374,771.50 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 2018/19: Alan Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0208-131-85 & 86 02/01/17 PM 17663 2.00 2.00 SFD 0201-182-36 to 38 08/02/17 TR 18391 6.00 6.00 SFD 0208-031-58 & 59 09/06/17 DRC2014-00545 60.00 30.00 MULTI Street Lighting Maintenance District No. 2 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 13 Page 977 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 3 (Victoria Planned Community) Page 978 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 Page 979 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 980 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 28,020 Operations and Maintenance 145,790 Debt Service 95,930 Transfer Out 18,580 Total Expenditures Budget 288,320 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 352,870 Anticipated Prior Year Delinquencies Collection 3,860 Subtotal - Taxes 356,730 Other Revenues 18,640 Total Revenues Budget 375,370 Contribution to/(Use of) Fund Balance $ 87,050 Total District EBU Count 7,559.50 Actual Assessment per EBU $ 47.15 Maximum Allowable Assement per EBU $ 47.15 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 14 Page 981 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 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 14 Page 982 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. 3 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 14 Page 983 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area located south of the 210 Freeway, west of Etiwanda Ave, southwest of the 1-15 Freeway and east of Haven Ave, also known as the Victoria Neighborhood Planned Community, and are more particularly in the diagram of the District included herein. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 14 Page 984 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 14 Page 985 i 'll"'!i HavenAv [� 9 a CL '�g x 4�3}%743 I• .. i�IJ.• •i •.•• •1.•:� S •1 j Milliken Av I�`'•i'• �'` •'_ �`_•� '•� r..= •.� I.•w• i t... • . tot. t. • • I M 41 deIn •... j f..•. .t. . JJ 0.0 . �.•. .• ...• .h . • .. I r. f.�•.y j♦� � 11•» f Nim •.•••• . '•ti . • • .961 •..•. �I. o • M.• RochesterAv •� •••••'� ;j••�•••! •..•>f •. ! ZSR ' � I .r. eg �� it t : . •' . •iorF. ;• •� • • 0*000 go 249 go zo i f~ s r : i:sw r �� •• . • i •••• •.N ••� .i i..►. ••..ego • • Etiwanda Av `\ .•• . . � -a CD n cn U) o M Q --------------------------------- cD m Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 14 Page 986 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 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 14 Page 987 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 19,060 Fringe Benefits 8,960 Subtotal - Personnel 28,020 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 O & M/General 9,940 Contract Services 8,050 Subtotal - Operations and Maintenance 18,220 Utilities: Electric Utilities 90,000 Assessment Administration 30,640 Adm in./General Overhead 6,930 Subtotal - Operations and Maintenance 145,790 Debt Service: Interest Expense 15,080 Principal Repayments 80,850 Subtotal - Debt Service 95,930 Transfer Out - General Street Lights Fund 18,580 Total Expenditures Budget $ 288,320 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 14 Page 987 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 352,870 Anticipated Prior Year Delinquencies Collection 3,860 Subtotal - Taxes 356,730 Other Revenues: Interest Earnings 18,640 Total Revenues Budget $ 375,370 Contribution to/(Use of) Fund Balance $ 87,050 Total Gross Estimated Assessments $ 356,430.41 Total District EBU Count 7,559.50 Actual Assessment per EBU - Fiscal Year 2018/19 $ 47.15 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Reserve $ 1,373,279 87,050 $ 1,460,329 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga Fiscal Year 2018/19 8 ATTACHMENT 14 Page 988 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. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 14 Page 989 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 14 Page 990 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 14 Page 991 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EBU). Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 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 2018/19 maximum allowable assessment rates for the District: Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 14 Page 992 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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 47.15 253.75 507.50 Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 14 Page 992 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 13 Fiscal Year 2018/19 ATTACHMENT 14 Page 993 D o W L O ? Grove Av m G Vineyard Av w � Hellman Avg.. Archibald Av ! 1 Hermosa Av 1 Haven Av! Milliken Av Rochester Av Etiwanda Av A 90, East Av O cn O .� r •� O • r Q 0 w r N Cn � lD D o 0 o W CD oo r C1 Q Cherry Av CO y Q c� 1 Carnelian St Hellman Av i Archibald Av ! j Hermosa Av 1 1 Haven Av 1 1 1 1 ........... Milliken Av i .J W Rochester Av .BI Day Creek B� �. 1 Etiwanda Av i 1 � Il «� 1 (D 1 .........t 1 CD 1 0 1 D W Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 14 Page 994 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 47.15 589.001 589.00 $27,771.35 Non -Residential 1 47.15 253.75 507.50 $23,928.61 Totals 1 7,305.75 7,559.50 $356,430.41 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 2018/19: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Propert T e 1089-031-37 02/15/17 PM 19637 10.04 20.08 Commercial Street Lighting Maintenance District No. 3 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 14 Page 995 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) Page 996 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 Page 997 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 998 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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. Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU $ (106,430) 5,660.66 $ 28.96 $ 28.96 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHEMNT 15 Page 999 Fiscal Year 2018/19 Budget Expenditures Personnel Services $ 28,020 Operations and Maintenance 72,620 Capital Expenditures 120,000 Debt Service 48,330 Transfer Out 8,620 Total Expenditures Budget 277,590 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 162,300 Anticipated Prior Year Delinquencies Collection 1,760 Subtotal - Taxes 164,060 Other Revenues 7,100 Total Revenues Budget 171,160 Contribution to/(Use of) Fund Balance Total District EBU Count Actual Assessment per EBU Maximum Allowable Assement per EBU $ (106,430) 5,660.66 $ 28.96 $ 28.96 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHEMNT 15 Page 999 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 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1000 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 2018/19 ATTACHEMNT 15 Page 1001 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as the Terra Vista Planned Community, which is located north of Foothill Blvd, west of Rochester Ave, east of Haven Ave, south of Base Line Rd and includes the northeast corner of Base Line Rd and Haven Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1002 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1003 n M cD CD G O w W 0 000 0 ,• •• • •• 0000 • % % % ':• •� ••• •• ••0 s• • 60 06 Oo Rochester Av -0 ` JF Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1004 • Haven Av • Sr '. i • . • • • i r f •••• • • ••: • •'• • 0 0 f 0 • f • • • • • • �• •• ••• • ''• • 00 00 • 00 0 00 '� 00 ♦ • • !ti •• . • . • . •• • .. • is '• •• • • • ''•' • • • • • ��\ 00 • ` 00 "s •. 0000 • 0 • i • s i • '' .• ''': •• •• • 41 004,60 • or. • • ••'• 0 • • •• • r • • ••' So • • •• .0. 0''0 N A • •• • . Goo so 0 • • • • • • • • 0 • • •CL • '• ••'•• • •: N• ••• V : • . • . •. • • •• s ss 0 0 •. . 0'000• ••• •••• • � 00.0.•: • . . • . • '•00 :• •': • • I Milliken Av 0 000 0 ,• •• • •• 0000 • % % % ':• •� ••• •• ••0 s• • 60 06 Oo Rochester Av -0 ` JF Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1004 • Sr �'•r • • '•• • i • . • • • •� •'. •• ' • 1 • , '' s • • = ••' • •,% • 0 • 0 000 0 ,• •• • •• 0000 • % % % ':• •� ••• •• ••0 s• • 60 06 Oo Rochester Av -0 ` JF Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1004 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 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 19,060 Fringe Benefits 8,960 Subtotal - Personnel 28,020 Operations and Maintenance: Operations and Maintenance: Training 190 Membership Dues 50 O & M/General 4,940 Equipment Operations and Maintenance 1,000 Contract Services 3,730 Subtotal - Operations and Maintenance 9,910 Utilities: Electric Utilities 39,000 Assessment Administration 18,750 Admin./General Overhead 4,960 Subtotal - Operations and Maintenance 72,620 Capital Expenditures: Capital Project 120,000 Debt Service: Interest Expense 7,600 Principal Repayments 40,730 Subtotal - Debt Service 48,330 Transfer Out - General City Street Lights Fund 8,620 Total Expenditures Budget $ 277,590 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1005 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 162,300 Anticipated Prior Year Delinquencies Collection 1,760 Subtotal - Taxes 164,060 Other Revenues: Interest Earnings 7,100 Total Revenues Budget $ 171,160 Contribution to/(Use of) Fund Balance $ (106,430) Total Gross Estimated Assessments $ 163,932.71 Total District EBU Count 5,660.66 Actual Assessment per EBU - Fiscal Year 2018/19 $ 28.96 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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, 2018 $ 618,887 Contribution to Reserve - Fiscal Year 2018/19 (106,430) Estimated Reserve Fund Balance, June 30, 2019 $ 512,457 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1006 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1007 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1008 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1009 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EBU). Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 0.50 Unit Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1010 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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 28.96 245.33 490.66 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1010 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 13 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1011 11, ,2, igo g� O W illy �;r�RY�4 8'aR in �1 W CD Ui gQgls Grove Av'_.._..---•—••; �a4B�3g3a��&6�ppa � � s Vineyard AV j A 0) 1� 5 Cn Hellman AV Archibald AV 1 p 1 Hermosa AV: i Haven AV! Milliken AV i Rochester AV I Etiwanda AV 11 �2 East AV �_._.._.._.._...-- D o�l O co � ? N — fD o r. W r N CT N � o � .� a r a Cherry AV o(D a o� A r 3 N U � CD F W U) a CD W a Rochester AV '*Day Creek Etiwanda AV 0 D Carnelian St I Hellman AV Archibald AV Hermosa AV Haven AV Milliken AV tE7 Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1012 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 28.96 245.33 490.66 14,209.51 Totals 7,933.33 5,660.66 $163,932.71 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Street Lighting Maintenance District No. 4 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHEMNT 15 Page 1013 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 5 (Caryn Planned Community) Page 1014 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 Page 1015 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 1016 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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 2018/19 Budget Expenditures Personnel Services $ 6,530 Operations and Maintenance 37,500 Debt Service 21,680 Transfer Out 4,090 Total Expenditures Budget 69,800 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 43,710 Anticipated Prior Year Delinquencies Collection 510 Total Revenues Budget 44,220 Contribution to/(Use of) Fund Balance $ (25,580) 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 2018/19 ATTACHMENT 16 Page 1017 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 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 2018/19 ATTACHMENT 16 Page 1018 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 2018/19 ATTACHMENT 16 Page 1019 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located north of the 210 Freeway, south of Banyan St, west of Rochester Ave and east of Milliken Ave, also known as the Caryn Planned Community. The boundaries also include Tract No. 13835 east of Rochester Ave and Tracts No. 13748, 13857 and 13858 west of Milliken Ave. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 16 Page 1020 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 16 Page 1021 9�� a e=ss9 �e111� •� d' r =obi_ Q d �=fir RochesterAv 11H i i cD C4 L -a i CD o M v� m co (p ca' • • . . . . N • • 0 00 . , • . •. • . . 00 0 Z Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 16 Page 1022 i i i W i (p i • • . . . . , - i r • • • •• • . . • • . . • • . � • i rr i . . • • • 0 0 .000.• .. • • 0 -' , .................. • • • • . . , ,. , •. . , • O , • • . • , . 0. . g • . . . . • • • • . • •. . • . • , . . . Z Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 16 Page 1022 i i i W i (p i (D � i r N i � i rr i -' .................. O (31 Q) r 0 Z Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 16 Page 1022 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 2018/19 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 Contract Services 1,770 O & M/General 8,990 Subtotal - Operations and Maintenance 10,990 Utilities: Electric Utilities 19,000 Assessment Administration 5,970 Admin./General Overhead 1,540 Subtotal - Operations and Maintenance 37,500 Debt Service: Interest Expense 3,410 Principal Repayments 18,270 Subtotal - Debt Service 21,680 Transfer Out - General Street Lights Fund 4,090 Total Expenditures Budget $ 69,800 Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 16 Page 1023 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 Total Revenues Budget $ 44,220 Contribution to/(Use of) Fund Balance $ (25,580) Total Gross Estimated Assessments $ 44,149.60 Total District EBU Count 1,276.00 Actual Assessment per EBU - Fiscal Year 2018/19 $ 34.60 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Reserve $ (104,291) (25,580) $ (129,871) Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 16 Page 1024 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 16 Page 1025 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 16 Page 1026 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 16 Page 1027 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 ValueMultiplier 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 2018/19 maximum allowable assessment rates for the District: The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 16 Page 1028 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 16 Page 1028 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 13 Fiscal Year 2018/19 ATTACHMENT 16 Page 1029 $S 3 ?gl�gsa`sis'a 3 AIiQ¢�a�il� 433�6g;9gaA; D o a E 98a __0 E CO O Er 3a1: Yea ash 3.y�Ai'!• i�9g��da�4t�9 Y Grove Av .affli�g3 �le �� �Ai�.asgea Vineyard Av rn A ? S W Hellman Avg Archibald Av 1 i Hermosa Av i Haven Av! Milliken Av Rochester Av Etiwanda Av ! �2 East Av W N. CL CD Rochester Av ..Day Creek Etiwanda Av �y Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 16 Page 1030 o O aWi o _ cD N (D CT � o .� r a `:1 a Cherry Av Cn 0 a Cn r N Rochester Av ..Day Creek Etiwanda Av �y Carnelian St I Hellman Av Archibald Av Hermosa Av Haven Av Milliken Av Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 16 Page 1030 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessment for the District: A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 16 Page 1031 Actual Assessment Total Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Total Assessment Single Family Residential $34.60 1,276.00 1,276.00 $44,149.60 Totals 1,276.001 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 effective annexations for Fiscal Year 2018/19. Street Lighting Maintenance District No. 5 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 16 Page 1031 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 6 (Commercial Industrial) Page 1032 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 Page 1033 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 1034 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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 Debt Service Transfer Out 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 2018/19 Budget $ 28,020 53,690 35,210 6,410 123,330 134,590 880 135,470 6,350 141,820 $ 18,490 2,644.83 $ 51.40 $ 51.40 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 17 Page 1035 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 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 2 Fiscal Year 2018/19 ATTACHMENT 17 Page 1036 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. 6 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 17 Page 1037 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to, express their support for, or opposition to the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as the commercial and industrial area of the City which is generally bounded by Foothill Blvd on the north, 4th St on the south, East Ave on the east and Grove Ave on the west. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 17 Page 1038 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 2018/19 ATTACHMENT 17 Page 1039 7ca� e�Hit, 1131111 P4 7� l I-Ii Nnngoy rd Av $ g S@ r Hellman Av w Archibald Av + � 8 A m Gro ve A vI—i— ----- � i �l \ V IHerweAv Haven Av • ; ~ M Milliken A LI •r Rochester Av �ISO I Etivanda Av • • N i =aaaa I East Av 1.,....... D o 3 r 0 O 1. C L CMrry Av Carnolian $t Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 17 Page 1040 Hellman Ave ''^^ vJ Al MON Av I I Hernwsa Av yi 1 f I • _ Hawn Av I I I � — —�\ ,/----J hWliken Av 1 � 1 1 I 0 CI) Day C reek 0 1 1 Et hvanda Av t 1 East Av 1 � I I 1 1 l I =+ 1� 110 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 17 Page 1040 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 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 19,060 Fringe Benefits 8,960 Subtotal - Personnel 28,020 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 O & M/General 6,940 Equipment Operations and Maintenance 800 Contract Services 2,780 Subtotal - Operations and Maintenance 10,750 Utilities: Electric Utilities 33,000 Assessment Administration 5,020 Adm in./General Overhead 4,920 Subtotal - Operations and Maintenance 53,690 Debt Service: Interest Expense 5,540 Principal Repayments 29,670 Subtotal - Debt Service 35,210 Transfer Out - General Street Lights Fund 6,410 Total Expenditures Budget $ 123,330 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 17 Page 1041 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 134,590 Anticipated Prior Year Delinquencies Collection 880 Subtotal - Taxes 135,470 Other Revenues: Interest Earnings 6,350 Total Revenues Budget $ 141,820 Contribution to/(Use of) Fund Balance $ 18,490 Total Gross Estimated Assessments $ 135,944.22 Total District EBU Count 2,644.83 Actual Assessment per EBU - Fiscal Year 2018/19 $ 51.40 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 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: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Operating Reserve $ 470,427 18,490 $ 488,917 Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 17 Page 1042 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 17 Page 1043 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 17 Page 1044 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 17 Page 1045 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 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 2018/19 maximum allowable assessment rate for the District: The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 17 Page 1046 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU Units/Acres Total EBUs Non -Residential $51.40 $51.40 2,644.83 2,644.83 The total amount of maintenance and incidental costs for maintaining the street lights and traffic signals is assessed to the individual parcels of real property within the District in proportion to the special benefit received by such parcels of real property. The proposed individual assessments are shown on the assessment roll in this report. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 17 Page 1046 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 13 Fiscal Year 2018/19 ATTACHMENT 17 Page 1047 �aW z v N 3e$ al:li$a�s � N $g��56sg4 D o !� a ;8aj -�slF6 0'0 O sgs:aaQtilllice S _ r �p�sY�s 6M2R i/i CU 3'a s4§�i Grove Av 3 s��`agQ3s.g Zl �a�1g3R3��8$� a ?sa��as9s°a�'4 Carnelian St Vineyard Av rn A S S � Hellman Av (n Hellman Av Archibald Av Archibald Av Hermosa Av �� Hermosa Av Haven Av Haven Av Milliken Av _,M,_.,_.._.._.a Milliken Av I Rochester Av j .y j Rochester Av L............ Day Creek 131 N. ftftq Etiwanda Av Etiwanda Av i � East Av i E3 caCD CD 1 �' W r r s- CD N � CT Cherry Av 0 CL � 0 D ,y. Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 17 Page 1048 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessment for the District: 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 2018/19 Fiscal Year: Apn Actual Project Name Total Units/ Acres Total EBUs Property Type Assessment Total PM19474 2.97 Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Total Assessment Non -Residential $51.40 2,644.83 2,644.83 $135,944.22 Totals 3.66 2,644.83 2,644.83 $135,944.22 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations The following annexations are effective for the 2018/19 Fiscal Year: Apn Annexation Date Project Name Total Units/ Acres Total EBUs Property Type 0210-081-13 02/01/17 PM19474 2.97 2.97 CO/IND 1077-601-13 & 14 05/03/17 DRC2016-00006 4.58 4.58 CO/IND 0229-141-06 & 07 08/16/17 DRC2016-00270 3.66 3.66 CO/IND 0209-211-41 10/04/17 DRC2016-00522 4.77 4.77 CO/IND 0209-032-28 & 29 12/06/17 1 DRC2016-00695 7.51 7.51 1 CO/IND Street Lighting Maintenance District No. 6 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 17 Page 1049 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 7 (North Etiwanda) Page 1050 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 Page 1051 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 1052 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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 Debt Service Transfer Out Total Expenditures Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Transfers In Total Revenues Budget Contribution to/(Use of) Fund Balance Fiscal Year 2018/19 Budget $ 20,770 89,730 69,400 12,980 192, 880 128,590 1,700 130,290 62,590 192,880 Total District EBU Count 3,898.00 Actual Assessment per EBU $ 33.32 Maximum Allowable Assement per EBU $ 33.32 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 18 Page 1053 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 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 2018/19 ATTACHMENT 18 Page 1054 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. 7 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 18 Page 1055 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as North Etiwanda, which is generally bounded by Highland Ave on the south, Day Creek Channel on the west and City limits on the east and north. Reference is also made to the Assessment Diagram included in this Report. Description of Improvements and Services The improvements are the maintenance and servicing of street lights, traffic signals and appurtenant facilities throughout the District. The maintenance and servicing includes, but is not limited to, furnishing electric current for public lighting facilities including street lights and traffic signals, and associated appurtenant facilities. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement and repair required to keep the improvements in operational and satisfactory condition. In addition, it is the City's intention to continue to use cost effective materials, in order to lower expenses of the District. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 18 Page 1056 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 2018/19 ATTACHMENT 18 Page 1057 . _...�.. i.s = .. ». ..... • ... •. r ... . �•.•..... CD ... . r...•. _.! : (Q LTJ — — «f •• 0 , (D C_) (n (n o M ••":)0 i N.W.�i:•.•..A». 1. .. .. ...I..•.•• •• f •.•�- .. 0 •'Y. •• so i•NNtr... — • : ; % m co OR, Re J G . _...�.. i.s = .. ». ..... • ... •. N r •1 ... . �•.•..... - -•... ... . r...•. _.! : •00A.- Z ... : r of •� �• «f •• 0 , j ••":)0 i N.W.�i:•.•..A». 1. .. .. ...I..•.•• •• f •.•�- .. 0 •'Y. •• so i•NNtr... ♦ • : ; % •• r : OR, Re J Cherry Av :.r. .,..,..• -. RR, — 7 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 18 Page 1058 V. M N Wardman Bullock Rd • .. 1. 0 • «f •• 0 , • -. RR, — 7 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 18 Page 1058 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 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 18 Page 1059 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 14,130 Fringe Benefits 6,640 Subtotal - Personnel 20,770 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 50 O & M/General 4,940 Contract Services 5,630 Subtotal - Operations and Maintenance 10,800 Utilities: Electric Utilities 57,000 Assessment Administration 18,230 Adm in./General Overhead 3,700 Subtotal - Operations and Maintenance 89,730 Debt Service: Interest Expense 10,910 Principal Repayments 58,490 Subtotal - Debt Service 69,400 Transfer Out - General Street Lights Fund 12,980 Total Expenditures Budget $ 192,880 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 18 Page 1059 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies Anticipated Prior Year Delinquencies Collection Subtotal - Taxes Transfer In: Transfer In - General Fund Total Revenues Budget Contribution to/(Use of) Fund Balance Total Gross Estimated Assessments Total District EBU Count Actual Assessment per EBU - Fiscal Year 2018/19 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 Fiscal Year 2018/19 Budget $ 128,590 1,700 130,290 $ 62,590 $ 192,880 $ 129,881.36 3,898.00 $ 33.32 $ 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: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Reserve $ 78,585 $ 78,585 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 18 Page 1060 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 18 Page 1061 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 18 Page 1062 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 18 Page 1063 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Dwelling Unit ("EDU") method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one Equivalent Dwelling Unit (EDU). Every other land -use is converted to EDUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land - use types, as assigned by County use code, to determine each parcel's EDU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 0.50 Unit Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EDU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EDU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 18 Page 1064 Maximum Allowable Actual Assessment Rate Asessment Total Property Type (County Use Code) per EBU Rate per EBU Units/Acres Total EBUs Single Family Residential $33.32 $33.32 3,898.00 3,898.00 Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 18 Page 1064 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 13 Fiscal Year 2018/19 ATTACHMENT 18 Page 1065 gt gaL$gg-- �����9 gCL � �'at asa$ia� -n a;=fa•� D 00 W CD :(1 a x83 Oo O S CD .•_..r.._•._.."'L.._..� �gasgg q; (n Zl W S1111119Grove Av �_.._..---•—••— F W a • :._..� �as� 3aa�'�St � j � hh,, j ar�g �la3,s�� ��• 4 1 Carnelian St Vineyard Av j Hellman Avg i Hellman Av Archibald Av 1 Archibald Av Hermosa Av j Hermosa Av Haven Av y; Haven Av 1 Milliken Av I �.�5 _._.._.._.._.._.a Milliken Av i j r.. ; Rochester Av rr= 1 j Rochester Av � j ' Day Creek B � � (D j c �. Etiwanda Av Etiwanda Av S �2 East Av �_•_•°_•,_°, D m o o � W27 �• �+h N (D Cherry Av M �. o r D. v 4 r D Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 18 Page 1066 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 actual assessments for the District: Actual Assessment Total Total Property Type (County Use Code) Rate per EBU Units/Acres Total EBUs Assessment Single Family Residential $33.32 3,898.00 3,898.00 $129,881.3E Totals 3,898.00 3,898.00 $129,881.3E 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 2018/19: Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 18 Page 1067 Annexation Total Units/ Apn Date Project Name Acres Total EBUs Property Type 1087-261-12 08/02/17 TR18960 12.00 12.00 SFD )225-122-83 10/18/17 DRC2015-00821 1.00 1.00 SFD Street Lighting Maintenance District No. 7 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 18 Page 1067 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Street Lighting Maintenance District No. 8 (South Etiwanda) Page 1068 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. 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 Page 1069 TABLE OF CONTENTS ENGINEER'S LETTER 1 INTRODUCTION 3 Reason for Assessment 3 Process for Annual Assessment 3 PLANS AND SPECIFICATIONS 4 Description of the Boundaries of the District 4 Description of Improvements and Services 4 Map of Improvements 5 ESTIMATE OF COSTS 7 District Budget 7 Definitions of Budget Items 9 METHOD OF ASSESSMENT 10 Overview 10 Special Benefit 11 General Benefit 11 Method of Assessment Spread 11 ASSESSMENT DIAGRAM 13 ASSESSMENT ROLL AND ANNEXATIONS 15 Assessment Roll 15 Annexations 15 Page 1070 ENGINEER'S LETTER WHEREAS, on July 18, 2018, the City Council of Rancho Cucamonga (the "City"), under the Landscaping and Lighting Act of 1972 (the "1972 Act") adopted its Resolution No. 18-056, 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 2018/19 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. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 19 Page 1071 Fiscal Year 2018/19 Budget Expenditures Personnel Services $ 25,840 Operations and Maintenance 40,830 Debt Service 18,590 Transfer Out 4,570 Total Expenditures Budget 89,830 Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies 70,250 Anticipated Prior Year Delinquencies Collection 800 Subtotal - Taxes 71,050 Other Revenues 31,100 Total Revenues Budget 102,150 Contribution to/(Use of) Fund Balance $ 12,320 Total District EBU Count 2,318.78 Actual Assessment per EBU $ 30.60 Maximum Allowable Assement per EBU $ 193.75 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 1 Fiscal Year 2018/19 ATTACHMENT 19 Page 1071 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 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 2018/19 ATTACHMENT 19 Page 1072 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 2018/19 ATTACHMENT 19 Page 1073 During the course or upon conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including the improvements, to the zones within the District, and the proposed diagram or the proposed assessment. The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If the assessment to be levied exceeds the maximum assessment amount previously approved, the City must comply with the procedures specified in Article XIII D and Proposition 218. The voters in the State of California in November 1996 added Article XIII D to the California Constitution imposing, among other requirements, the necessity for the City to conduct an assessment ballot procedure to enable the owners of each property on which assessments are proposed to be enacted or increased, the opportunity to express their support for, or opposition to, the proposed assessment or increase in such assessment. PLANS AND SPECIFICATIONS The District provides for the administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. Description of the Boundaries of the District The District is located in the City of Rancho Cucamonga, State of California. The boundaries of the District are generally described as that area of the City known as South Etiwanda, which is generally bounded by Etiwanda Ave on the west, Highland Ave on the north and Foothill Blvd on the south. The southern portion of the District is bounded by East Ave on the east and the northern portion of the District is bounded by the 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. In Fiscal Year 2017/18, the acquisition by the City of the street lights and installation of LED street lighting specially benefiting the properties within the District has been added to the improvements. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 4 Fiscal Year 2018/19 ATTACHMENT 19 Page 1074 Map of Improvements The following page shows the map of street light and traffic signal improvements to be maintained using District funds. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 19 Page 1075 sj a Q 0 ajt �s u�i F e , rn 3 r � x r a� Etiwanda Av .�.� • -- -------- — ---------------- ID O •. • .• • S • • • • • ••••• • O • • • • • •• �•• :••• • i • • • • 13 •• •• • S • • •• • •. •• • • • • 0:00 a • i • • •� • • 0,00 •• • • i •i • •0.0:.*- • • •�•�i�u .. �••.•.• •..•••• •t•• •• ^�. EastAv • . OO '�t �.\ .� 1• % 1 to n cn cn = I••••••• r- n CL \ p M ....� r CO cn m (C) G � �z Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 19 Page 1076 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 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 17,580 Fringe Benefits 8,260 Subtotal - Personnel 25,840 Operations and Maintenance: Operations and Maintenance: Training 180 Membership Dues 40 O & M/General 4,940 Contract Services 1,980 Subtotal - Operations and Maintenance 7,140 Utilities: Electric Utilities 22,000 Assessment Administration 7,420 Adm in./General Overhead 4,270 Subtotal - Operations and Maintenance 40,830 Debt Service: Interest Expense 2,920 Principal Repayments 15,670 Subtotal - Debt Service 18,590 Transfer Out - General City Street Lights Fund 4,570 Total Expenditures Budget $ 89,830 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 19 Page 1077 Fiscal Year 2018/19 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 30,670 Developer Energizing Fee 430 Subtotal - Other Revenues 31,100 Total Revenues Budget $ 102,150 Contribution to/(Use of) Fund Balance $ 12,320 Total Gross Estimated Assessments $ 70,954.66 Total District EBU Count 2,318.78 Actual Assessment per EBU - Fiscal Year 2018/19 $ 30.60 Maximum Allowable Assement per EBU - Fiscal Year 2018/19 $ 193.75 The maximum allowable assessment per Equivalent Benefit Unit (EBU) listed in the District budget above, is the amount which was approved in Fiscal Year 1996/97 and subsequent District annexations. Each year, prior to the assessments being placed on the tax roll, the City will review the budget and determine the amount needed to maintain the improvements for the upcoming fiscal year. The actual assessment per EBU will be based on the total amount of funds needed to maintain the improvements in a satisfactory and healthy condition. The actual assessment amount may be lower than the maximum allowable assessment; however, it may not exceed the maximum unless the increase is approved by the property owners in accordance with Proposition 218. It is the intent of the City to maintain an Operating Reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Operating Reserve $ 2,047,468 12,320 $ 2,059,788 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 8 Fiscal Year 2018/19 ATTACHMENT 19 Page 1078 Definitions of Budget Items The following definitions describe the costs and expenses included in the District Budget: Personnel Services: This item includes the costs attributed to the salaries of all full-time and part-time employees dedicated to maintenance of the District improvements. Additionally, this includes benefits available to City employees. Operations and Maintenance: This item includes the costs of City staff to perform maintenance duties within the boundaries of the District. Utilities: This item includes the costs to furnish electricity and telephone services, as required, for the operation and maintenance of the street lights, traffic signals, and appurtenant facilities throughout the District. Assessment Administration: This item includes the cost to all particular departments and staff of the City, and consultants for providing the administration, coordination and management of District services, operations, and incidental expenses related to the District. This item also includes creation of an annual Engineer's Report, resolutions and placing the assessment amounts onto the County tax roll each year, along with responding to any public inquiries and future Proposition 218 balloting proceedings. General Overhead: This item includes the costs of all central services departments of the City for providing the coordination of District services, inspections, annual bid management, responding to public concerns, public education, accounting, auditing and procedural matters associated with the District. This item also includes an allocation for general City staff time for administrative functions and systems that provide for a functional and operational District within the City's administrative structure. Capital Outlay: This item includes new improvements to further enhance the level and quality of service provided within the boundaries of the District. This may include installation of safety lights and other large improvements. Debt Service: This item includes the repayment of interest and principal to the City Capital Reserve Fund for the acquisition of street lights and installation of LED street lighting within the District. Transfer Out - General City Street Lights Fund: This item includes the cost for the replacement and installation of District owned street lights. These costs are incurred in the General City Street Lights Fund and reimbursed by the District. Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings and Developer Energizing Fees. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 19 Page 1079 METHOD OF ASSESSMENT Overview Pursuant to the 1972 Act and Article XIII D, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The 1972 Act, permits the establishment of assessment districts for the purpose of providing certain public improvements which include the public lighting facilities, including traffic signals. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000) [of the Streets and Highways Code, State of California]. Section 22547 of the 1972 Act also permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement". Article XIII D, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIII D also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the City to separate general benefit from special benefit, where only special benefit is assessed. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 10 Fiscal Year 2018/19 ATTACHMENT 19 Page 1080 Special Benefit The maintenance and servicing of the improvements within the District (which are described in the Description of Improvements and Services Section of this report) are for the benefit of the properties within the District, and as such confer a special and direct benefit to parcels within the District by: • improving the livability, safety, appearance, and desirability for properties within the boundaries of the District, and • ensuring that improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties within the District, and • providing for safe vehicular and pedestrian access for properties within the District, and • providing beautification and overall enhancement to properties within the District. The above mentioned items affect the assessed property in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. They contribute to a specific enhancement of the properties within the District. Since these improvements, including the community trails, were installed and are maintained specifically for the properties within the District; only properties within the District receive a special benefit and are assessed for said maintenance. General Benefit In addition to the special benefits received by parcels within the District, there are derivative general benefits that are conferred on parcels outside the boundaries of the District which include: • the safety and visual enhancement of the area to persons or vehicles that may travel through the District However, it has been determined that these benefits are derivative and do not provide a direct benefit to parcels outside of the district that are not being assessed. Method of Assessment Spread Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon it as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. When the District was formed, Article XIII D and Proposition 218 had not yet been passed. Upon the passage of Article XIII D and the subsequent passage of the Proposition Omnibus Implementation Act, new rules were put into place. Due to the changes in legal requirements, as Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 11 Fiscal Year 2018/19 ATTACHMENT 19 Page 1081 property annexed to the District after the passage of the Assessment Law, the description of the method of assessment became more refined; however, the assessment per parcel has remained the same since Fiscal Year 1996/97. Further, no parcel included in the District formation or annexations prior to when the language was refined, are now being levied differently than they were at the time the District was formed or the parcels were annexed. To assess special benefit appropriately, it is necessary to relate the different type of parcel improvements to each other. The EBU method of apportionment uses the single family home as the basic unit of assessment. A single family home equals one EBU. Every other land -use is converted to EBUs based on an assessment formula that equates to the property's specific development status, type of development (land -use), and size of the property, as compared to a single family home. The following table provides the weighting factors applied to various land -use types, as assigned by County use code, to determine each parcel's EBU assignment. Land -Use Equivalent Dwelling Units Property Type (County Use Code) EBU Value Multiplier Single Family Residential 1.00 Parcel Multi -Family Residential 1.00 Unit Non -Residential 2.00 Acre The use of the latest County Assessor's Secured Roll shall be the basis for the Property Type determination and units/acreage assignments, unless better data is available to the City. In addition, if any parcel within the District is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, the Property Type and EBU assignment shall be based on the correct parcel number and/or new parcel number(s) County use code and subsequent property information. If a single parcel has changed to multiple parcels, the EBU assignment and assessment amount applied to each of the new parcels will be recalculated rather than spread the proportionate share of the original assessment. The following table summarizes the Fiscal Year 2018/19 maximum allowable assessment rates for the District: 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 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 19 Page 1082 Maximum Allowable Actual Assessment Asessment Rate Total Property Type (County Use Code) Rate per EBU per EBU 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 Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 12 Fiscal Year 2018/19 ATTACHMENT 19 Page 1082 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 13 Fiscal Year 2018/19 ATTACHMENT 19 Page 1083 3 ate= ��1A�a�8aag3 •�LL M 3 13 s B a atm $g�ta�igY D O o a e 9� a�5g rA� Grove AV HIT IT OD 3s}9�a3gsa§�� . Vineyard AV i rn L." � Hellman AV I Archibald AV 1 Hermosa AV i Haven Av! Milliken AV Rochester AV Etiwanda AV A 3 East AV cn a) D - `1 0 O W � � N (D cD Q Cherry AV �-w W v 7 v A Rochester AV ..Day Creek E Etiwanda AV Carnelian St I Hellman AV Archibald AV Hermosa AV Haven AV Milliken AV Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 19 Page 1084 •�LL M Cf) a OD r Cn D - `1 0 O W � � N (D cD Q Cherry AV �-w W v 7 v A Rochester AV ..Day Creek E Etiwanda AV Carnelian St I Hellman AV Archibald AV Hermosa AV Haven AV Milliken AV Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 14 Fiscal Year 2018/19 ATTACHMENT 19 Page 1084 ASSESSMENT ROLL AND ANNEXATIONS Assessment Roll The assessment roll is a listing of the assessment for Fiscal Year 2018/19 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 2018/19 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 1,057.001 1,057.001 32,344.20 Non -Residential 30.60 31.89 63.78 1,951.66 Totals 2,286.89 2,318.78 $70,954.66 A copy of the full assessment roll is available for review in the City Clerk's office. Annexations There were no effective annexations for Fiscal Year 2018/19. Street Lighting Maintenance District No. 8 — City of Rancho Cucamonga 15 Fiscal Year 2018/19 ATTACHMENT 19 Page 1085 Preliminary Annual Engineer's Report Fiscal Year 2018/19 City of Rancho Cucamonga Parks and Recreation Improvement District No. PD -85 Jason C. Welday, Director of Engineering Services/City Engineer Page 1086 CITY OF RANCHO CUCAMONGA PARKS AND RECREATION IMPROVEMENT PD -85 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 Page 1087 TABLE OF CONTENTS AUTHORITY FOR REPORT FINDINGS DISTRICT ANALYSIS ESTIMATE OF WORK District Budget Definitions of Budget Items METHOD OF SPREAD Annexations Boundary Map 2 3 3 5 6 8 8 Page 1088 AUTHORITY FOR REPORT This report for the Fiscal Year 2018/19 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 2018/19 ATTACHMENT 20 Page 1089 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: 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 2018/19 ATTACHMENT 20 Page 1090 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 Capital Expenditures: Captial Outlay- Improvements Other Than Building Captial Project Subtotal - Capital Expenditures Transfers Out: Transfers Out - PD -85 Capital Reserve Fund Total Expenditures Budget 65,000 30,000 95,000 116,800 $ 1,441,260 Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 20 Page 1091 Fiscal Year 2018/19 Budget Expenditures Personnel Services: Regular Salaries $ 143,700 Overtime Salaries 3,680 Fringe Benefits 67,220 Subtotal - Personnel 214,600 Operations and Maintenance: Operations and Maintenance: O & M/General 118,910 O & M/Facilities 2,500 Emergency Equipment and Vehicle Rental 6,500 Equipment Operations and Maintenance 4,500 Subtotal - Operations and Maintenance 132,410 Contract Services: Contract Services/General 341,260 Contract Services/Facilities 12,740 Tree Maintenance 19,120 Subtotal - Contract Services 373,120 Utilities: Telephone Utilities 9,570 Water Utilities 184,010 Electric Utilities 137,530 Subtotal - Utilities 331,110 Assessment Administration 129,370 Admin./General Overhead 45,890 Other Expenses 2,960 Subtotal - Operations and Maintenance 1,014,860 Capital Expenditures: Captial Outlay- Improvements Other Than Building Captial Project Subtotal - Capital Expenditures Transfers Out: Transfers Out - PD -85 Capital Reserve Fund Total Expenditures Budget 65,000 30,000 95,000 116,800 $ 1,441,260 Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 3 Fiscal Year 2018/19 ATTACHMENT 20 Page 1091 Fiscal Year 2018/19 Budget Revenues Taxes: Estimated Assessments, Net of Estimated Delinquencies $ 1,149,560 Anticipated Prior Year Delinquencies Collection 14,000 Subtotal - Taxes 1,163,560 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 - PD -85 Operating Fund Subtotal - Transfer In: Total Revenues Budget Contribution to/(Use of) Fund Balance 23,330 107,450 6,500 650 39,220 500 177,650 214,250 116,800 331,050 $ 1,672,260 $ 231,000 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 2018/19 ATTACHMENT 20 Page 1092 The reserve balance information for the District is as follows: Estimated Reserve Fund Balance, June 30, 2018 Contribution to Reserve - Fiscal Year 2018/19 Estimated Reserve Fund Balance, June 30, 2019 Definitions of Budget Items Operating Capital Total Reserve Reserve Reserve $1,457,036 $174,931 $1,631,967 153,180 77,820 231,000 $1,610,216 $252,751 $1,862,967 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. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 5 Fiscal Year 2018/19 ATTACHMENT 20 Page 1093 Other Revenues: This includes other revenues that are not levied through the annual assessments that support the District operations. These other revenues may include: interest earnings, other rental/lease income (cell site tower leases), Park Maintenance Fees, Sports Field User Group Rentals, and parking permits (Metrolink Station paid parking). METHOD OF SPREAD The 1972 Act indicates that assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels within the District in proportion to the estimated benefit received. A. Definitions The District is divided into three categories for the purpose of determining the assessments as follows: CATEGORY A — includes parcels based on the number of existing residential units within certain ranges of parcel size. CATEGORY B — includes all parcels not defined in Category A or Category C CATEGORY C — includes exempt parcels. Exempt parcels are those parcels listed by the County Assessor's as exempt and/or which have an assessed value of less than $500. B. Formula The assessment formula is based on actual land use information contained in the current San Bernardino Assessor's computer files and Assessor's parcel maps. Category A: All parcels containing existing residential dwelling units and meeting the following conditions. Parcel Size/Range 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. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 6 Fiscal Year 2018/19 ATTACHMENT 20 Page 1094 Category B: All parcels not defined in Category A or Category C. Category C: All exempt parcels as defined below: 1. All properties currently tax exempt; 2. All public ownership; 3. Railroad mainline right-of-ways; 4. Major utility transmission right-of-ways; 5. Mineral rights; 6. Parcels so small they currently cannot be built upon; 7. All normally assessable parcels within an assessed valuation of less than $500 and 1.5 acres or less; and, C. Summary of Preliminary Assessment Amounts Category A: The preliminary estimated assessment rate, which will be levied during the Fiscal Year 2018/19, 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 2018/19, 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. Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 7 Fiscal Year 2018/19 ATTACHMENT 20 Page 1095 Annexations There were no effective annexations for Fiscal Year 2018/19. 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 2018/19 ATTACHMENT 20 Page 1096 111 911:929 a 11-� pgpgT kpkp yyrar3$e„ 44� D 0 N Q °tteis�% opo o m co S R3gg.$R Grove Av cn ��{ oo fD W1 $p!l N R■ �gpglRg $$ 12 sz 3�9�4� R a$1; Carnelian St Vineyard Av rn Hellman Av W Hellman Av Archibald Av Archibald Av Hermosa Av Hermosa Av Haven Av Haven Av Milliken Av Milliken Av i Rochester Av / . Rochester Av Day Creek BI' I I 1 i Etiwanda Av Etiwanda Avi n A Mi 1 i East Av W D 0 -n 00 m i i Vt (A 5 W m W r (D� Cherry Av 1 ®Q00 o D r.1, cLTI r . N 00 Qrl � 1 (D 0 Park and Recreation Improvement District No. PD -85 — City of Rancho Cucamonga 9 Fiscal Year 2018/19 ATTACHMENT 20 Page 1097 RESOLUTION NO. 18-051 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, 3113, 4-R, 5, 6-R, 7, 8,9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2018/19 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, 2018, and ending June 30, 2019 ("Fiscal Year 2018/19"). 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 2018/19. 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 18st day of July 2018. Resolution No. 18-051 — Page 1 of 2 ATTACHMENT #21 Page 1098 Resolution No. 18-051 — Page 2 of 2 ATTACHMENT #21 Page 1099 RESOLUTION NO. 18-052 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, 313, 4-R, 5, 6-R, 7, 8, 9 AND 10, INCLUSIVE, FOR FISCAL YEAR 2018/19 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 2018/19 (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 2018/19 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 2018/19 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 2018/19; C. A diagram for such District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2018/19 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 Resolution No. 18-052 — Page 1 of 2 ATTACHMENT #22 Page 1100 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 1811 day of July 2018. Resolution No. 18-052 — Page 2 of 2 ATTACHMENT #22 Page 1101 RESOLUTION NO. 18-053 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 2018/19 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 313, 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 2018/19, 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 2018/19 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 2018/19 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. 18-053 — Page 1 of 5 ATTACHMENT #23 Page 1102 "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 2018/19 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 11t day of August, 2018 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. 18-053 — Page 2 of 5 ATTACHMENT #23 Page 1103 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 18`" day of July 2018. Resolution No. 18-053 — Page 3 of 5 ATTACHMENT #23 Page 1104 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) Landscaae Maintenance District No. 3113 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. 18-053 — Page 4 of 5 ATTACHMENT #23 Page 1105 Landscape Maintenance District No. 5 Landscaping: Andover Park at Andover and Bedford (includes ground cover only) Landscaae 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 Landscaae 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. 18-053 — Page 5 of 5 ATTACHMENT #23 Page 1106 RESOLUTION NO. 18-054 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 2018/19 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, 2018, and ending June 30, 2019 ("Fiscal Year 2018/19"). 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 2018/19 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 18th day of July 2018. Resolution No. 18-054 — Page 1 of 2 ATTACHMENT #24 Page 1107 Resolution No. 18-054 — Page 2 of 2 ATTACHMENT #24 Page 1108 RESOLUTION NO. 18-055 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 2018/19 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 2018/19 (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. 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 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; B. An estimate of the cost of the maintenance of the improvements for the District for Fiscal Year 2018/19; C. A diagram for such District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2018/19 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 and the maintenance and servicing of those improvements to be maintained and serviced Resolution No. 18-055 — Page 1 of 2 ATTACHMENT #25 Page 1109 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 18th day of July 2018. Resolution No. 18-055 — Page 2 of 2 ATTACHMENT #25 Page 1110 RESOLUTION NO. 18-056 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 2018/19 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 2018/19, 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 2018/19 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 2018/19 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 thereto. A Resolution No. 18-056 — Page 1 of 4 ATTACHMENT #26 Page 1111 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 2018/19 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 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 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 1St day of August, 2018 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. 18-056 — Page 2 of 4 ATTACHMENT #26 Page 1112 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 18' day of July 2018. Resolution No. 18-056 — Page 3 of 4 ATTACHMENT #26 Page 1113 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 Liqhtinq Maintenance District No. 2 The installation/maintenance of street lights and traffic signals on local streets that are generally west of Haven Avenue. Street Liqhtinq 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 Lightinq 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 Lightinq 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. 18-056 — Page 4 of 4 ATTACHMENT #26 Page 1114 RESOLUTION NO. 18-057 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 2018/19 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, 2018, and ending June 30, 2019 ("Fiscal Year 2018/19"). 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 2018/19. 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 18`" day of July 2018. Resolution No. 18-057 — Page 1 of 2 ATTACHMENT #27 Page 1115 Resolution No. 18-057 — Page 2 of 2 ATTACHMENT #27 Page 1116 RESOLUTION NO. 18-058 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 2018/19 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 2018/19 (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 2018/19; C. A diagram for the District, showing the area and properties proposed to be assessed; and D. An annual assessment for Fiscal Year 2018/19 of the estimated costs of the maintenance and servicing of those improvements to be maintained and serviced during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within such District in proportion to the special benefits received is hereby approved on a preliminary basis and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Annual Engineer's Report. Resolution No. 18-058 — Page 1 of 2 ATTACHMENT #28 Page 1117 PASSED, APPROVED, AND ADOPTED this 18t" day of July 2018. Resolution No. 18-058 — Page 2 of 2 ATTACHMENT #28 Page 1118 RESOLUTION NO. 18-059 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 2018/19 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 2018/19, 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 2018/19 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 2018/19 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. 18-059 — Page 1 of 3 ATTACHMENT #29 Page 1119 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 2018/19, has been preliminarily approved and directed to be filed in the office the City Clerk. Reference is made to such Report for the District for a full and detailed description of the improvements to be maintained and serviced, the boundaries of such District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within such District. SECTION 4. Assessment. The public interest and convenience requires, and it is the intention of this City Council to order, the annual levy of assessments for the District as set forth and described in the Annual Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of such maintenance and service as estimated in such Annual Engineer's Report. SECTION 5. Boundaries of District. The proposed maintenance and service work as described in the Annual Engineer's Report for the District is, in the opinion of this City Council, of special benefit to the properties within the boundaries of such District, and this City Council makes the costs and expenses of such maintenance and service chargeable upon such District, which District said City Council hereby declares to be the District specially benefited by such maintenance and service, and to be further assessed pursuant to the Assessment Law to pay the costs and expenses thereof. The District shall include each and every parcel of land within the boundaries thereof; as such District is shown on a map or maps as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of such District. SECTION 6. Public Hearing. Notice is hereby given that a public hearing will be held the 1St day of August, 2018, 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 18th day of July 2018. Resolution No. 18-059 — Page 2 of 3 ATTACHMENT #29 Page 1120 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. 18-059 — Page 3 of 3 ATTACHMENT #29 Page 1121 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Vincent Acuna, Assistant Planner SUBJECT: REPORT IN CONFORMANCE WITH CALIFORNIA GOVERNMENT CODE 65858 ON MEASURES TAKEN TO ALLEVIATE THE NEED FOR INTERIM ORDINANCE NO. 932, A 45 -DAY MORATORIUM ON THE DEVELOPMENT OF NEW OR EXPANSION OF EXISTING CAR WASHES. RECOMMENDATION: Staff recommends that the City Council receive and file this staff report in conformance with California Government Code Section 65858 on the measures taken by the City to alleviate the need for Interim Ordinance 932. BACKGROUND: On June 20, 2018, the City Council adopted Urgency Ordinance No. 932, which extended Interim Urgency Ordinance No. 932, establishing a moratorium on the establishment or expansion of car washes. The temporary interim urgency ordinance, if not extended, is set to expire on August 4, 2018. ANALYSIS: Section 65858(d) of the California Government Code provides that ten (10) days prior to the expiration of the interim urgency ordinance, the legislative body shall issue a written report describing measures taken to alleviate conditions that led to the adoption of the urgency interim ordinance. The following specific activities are currently being undertaken: • Reviewing land use definitions for car washes to determine if revisions are needed. • Studying issues associated with car washes to determine appropriate locational and operational development standards. • Evaluating the suitability of all land use districts where car washes are currently permitted. • Studying adopted development standards from other California cities to determine any "best practice" standards that might be applicable to the City of Rancho Cucamonga; and • Drafting a permanent ordinance for the regulation of car washes City-wide for Planning Commission consideration by the end of 2018. The above reflect the actions taken during this short period necessary to extend the interim urgency ordinance currently in effect. An opportunity for full public comment on the extension of Ordinance No. 932 Page 1122 will be provided at the City Council's Public Hearing to be held on August 1, 2018. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: Not Applicable ATTACHMENTS: Description Attachment 1 - Ordinance No. 932 Page 1123 ORDINANCE NO. 932 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Recitals. (i) The City is responsible for adopting and implementing land use regulations within its boundaries. The Rancho Cucamonga Municipal Code generally regulates the entitlement, establishment and operation of car washes within the City. (ii) The proliferation of car washes throughout the City without due consideration presents an immediate threat to public health, safety or welfare. Car washes are often noisy because, among other noisy equipment, they require the use of large-scale, industrial vacuuming systems. Car washes also cause an increase in vehicular traffic in surrounding areas. These impacts can be particularly acute when car washes are located near residential uses and when multiple car washes are concentrated in a small area. (iii) Except within the Haven Overlay Zoning District, the Rancho Cucamonga Municipal Code does not specify development standards to mitigate impacts caused by car washes. Although car washes are generally limited to commercial zones upon issuance of a conditional use permit, the City has not developed a comprehensive set of development standards for car washes and has not fully evaluated appropriate locations within the City where car washes should be permitted. (iv) The City intends to study the issues associated with car washes in order to determine which locations are most appropriate for the use, and the types of development standards that should be imposed on their operation to mitigate noise, traffic, and other impacts. Within the Haven Overlay Zoning District, for example, car washes are prohibited within one-half (1/2) mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections. Car washes are also prohibited within one-half (1/2) mile of another car wash. During this moratorium, the City intends to evaluate whether such restrictions, and other development standards, would be appropriate City-wide. (v) After undertaking this study the City intends to enact regulations specific to car washes. The City intends to undertake the required study within a reasonable time. In the interim, the City Council finds it necessary to establish a moratorium on the development of new car washes or the expansion of existing car washes in order to prevent a conflict with the contemplated new policies or regulations. Ordnance No. 932 — Page 1 of 4 Page 1124 (vi) Absent the passage of this Interim Ordinance, continued approval of entitlements, building permits, or other approvals for new or expanded car washes poses a current and immediate threat to the public health, safety or general welfare. If this Interim Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after a second reading, there is a risk that further harm will be done to prevent the orderly development of car washes in the City. There is therefore an urgent necessity for the City to establish a moratorium on the establishment of new car washes and the expansion of existing car washes to take effect immediately. This requirement is intended to provide the City with an opportunity to evaluate and modify its zoning provisions in order to promote the appropriate development of car washes in the City. (vii) Due to the foregoing circumstances, the City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Interim Ordinance be enacted pursuant to Government Code sections 36934, 36937 and 65858, and that it take effect immediately upon adoption, and its urgency is hereby declared. B. Ordinance NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Legislative Findings. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct and, based on such facts and the entirety of the record before it, further finds that the establishment and operation of any new car wash or the expansion of any existing car wash within the City before the City has a chance to study current impacts and potential regulation would result in adverse impacts, constitute a nuisance, and present a risk to the public health, safety, and welfare. Section 2. Moratorium Established. Notwithstanding any other ordinance or provision of the Code, the City Council hereby establishes a moratorium on the development of new car washes and the expansion of existing car washes in all zoning districts within the City. During the period of this moratorium, no application for a car wash development or use or any other entitlement or building permit relating to a car wash development or use shall be accepted, issued or approved, excepting any development or use as to which an application has been filed with the Planning Department and the application fees have been paid. For the purposes of this Interim Ordinance, a "car wash" shall have the same meaning as a "car washing and detailing" use under Rancho Cucamonga Municipal Code Section 17.32.020.F.7. "Car wash" shall also include an automatic car wash that provides drive-in or drive-through service pursuant to Rancho Cucamonga Municipal Code Section 17.32.020.E.22. It shall not include temporary car washes, such as fundraising activities generally conducted at a service station or other automotive -related business, where volunteers wash vehicles by hand and the duration of the event is limited to one day. Section 3. Ordinance is Supplemental. This Interim Ordinance is additional to and supplemental to, and shall not affect, except as specifically provided herein, any provision of the Rancho Cucamonga Municipal Code, which shall be operative and remain in full force and effect without limitation. Section 4. Term. This Interim Ordinance shall take effect on June 20, 2018, and shall remain in effect for a period of 45 days from the date of publication in accordance with Ordnance No. 932 — Page 2 of 4 Page 1125 California Government Code Section 65858, and shall expire, and the prohibition established hereby shall terminate, forty-five (45) days after the date of adoption unless extended by the City Council pursuant to California Government Code Section 65858. Section 5. Immediate Effect. This Interim Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety within the meaning of Government Code sections 36934, 36937 and 65858, and therefore shall become effective immediately upon its adoption if passed by a minimum four-fifths (4/5) vote of the City Council. Section 6. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Ordinance, and the zoning provisions established hereby, may have a significant effect on the environment, because the Interim Ordinance will impose greater limitations on development in the City, and will thereby serve to eliminate potentially significant adverse environmental impacts. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. Section 7. Penalty. Violation of any provision of this Interim Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Interim Ordinance. Section 8. Civil Remedies. The violation of any of the provisions of this Interim Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 9. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Interim 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 Interim Ordinance shall remain in full force and effect. Ordinance. Section 10. The City Clerk shall certify to the adoption of this Interim Ordnance No. 932 — Page 3 of 4 Page 1126 PASSED, APPROVED, AND ADOPTED this 20' day of June, 2018. ATTEST: ice C. Reynolds, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2V1 day of June, 2018, by the following vote: AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 21' day of June 2018, at Rancho Cucamonga, California. �ice. Reynolds, City Jerk Ordnance No. 932 — Page 4 of 4 Page 1127 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 933 APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT DA01-02 BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC AND RANCHO MALL NE, LLC TO FACILITATE THE DEVELOPMENT OF A FUTURE PARKING LOT AND/OR PARKING STRUCTURE AND A POLICE SUBSTATION AT THE NORTHEAST CORNER OF ARBOR DRIVE AND CULTURAL CENTER DRIVE. RECOMMENDATION: Staff recommends the City Council conduct a second reading of Ordinance No. 933 by title only, entitled "An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving the Fourth Amendment to Development Agreement 01-02, between the City of Rancho Cucamonga, Rancho Mall, LLC, And Rancho Mall NE, LLC, to Facilitate the Timing and Development of a Public Safety Facility on a Vacant 5.33 Acre Parcel (APN: 109053106) and to Incorporate General Plan Amendment DRC2017-00969 and Victoria Gardens Master Plan Amendment DRC2017-00971 for the Development of Victoria Gardens, Generally Bounded by Church Street to the North, Foothill Boulevard to the South, 1-15 to the East, and Day Creek Boulevard to the West". BACKGROUND: The introduction and first reading of the above -entitled ordinance was approved at a Regular City Council Meeting on June 20, 2018. Votes at first reading: AYES: Michael, Alexander, Kennedy, Spagnolo, Williams. ANALYSIS: Please refer to the June 20, 2018 City Council Meeting Staff Report. FISCAL IMPACT: Please refer to the June 20, 2018 City Council Meeting Staff Report. COUNCIL GOAL(S) ADDRESSED: Please refer to the June 20, 2018 City Council Meeting Staff Report. ATTACHMENTS: Description Attachment 1 - Ordinance Page 1128 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT 01- 02, BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT 5.33 ACRE PARCEL (APN: 109053106) AND TO INCORPORATE GENERAL PLAN AMENDMENT DRC2017- 00969 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST. A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC jointly filed an application for Development Agreement Amendment DRC2017-00970 as described in the title of this Ordinance. Hereinafter the subject Development Agreement Amendment is referred to as the "Application." Rancho Mall, LLC and Rancho Mall NE, LLC are successors in interest in all or portions of the property subject to the Development Agreement and are hereinafter referred to collectively as "Owner." The City and Owner are sometimes referred to herein collectively as "Applicant." 2. On May 9, 2018, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Resolution No. 18-20 recommending approval of the Application. 3. On June 20, 2018, the City Council conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing on June 20, 2018, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Application applies to the approximately 174 -acre Victoria Gardens site ("Victoria Gardens"). The Application's primary provisions apply to a 5.33 -acre parcel within Victoria Gardens that was previously approved for a 95 -unit condominium development that is mostly vacant with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the northeast corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property"). Page 1129 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 2 b. Development of Victoria Gardens and the Subject Property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and the Development Agreement between the City and Owner's predecessor in interest. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west of the Subject Property is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east of the Subject Property with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and is designated Regional Related Office/Commercial. d. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. e. Also in 2002, the City entered into Development Agreement 01-02 with Victoria Gardens -C, LLC for the Victoria Gardens Regional Center. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. f. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SEIR. g. Concurrent with this Application, the Applicant has also applied for General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017- 00971, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to Page 1130 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 3 modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Victoria Gardens Master Plan's Residential Area by 95 units and to increase the maximum number of residential units in the Main Street Area by 95 units; to rezone the Subject Property from Residential to Civic/Parking Area; to modify various language in the Victoria Gardens Master Plan to allow the future development of a public parking lot/structure and police substation on the Subject Property; and to subdivide the Subject Property lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." h. As shown in the attached Exhibit 1, the Application proposes to amend Development Agreement DA01-02 to incorporate the related amendments to the General Plan and Victoria Gardens Master Plan, so that these amendments will become part of the "Project Approvals" and "Applicable Regulations" as those terms are defined in the Amended Development Agreement and thereby convey to the Owner a vested right to develop Victoria Gardens in accordance with these amendments. i. Per Section 17.22.060 of the Development Code, Development Agreements have been determined by the City Council to be beneficial to the public in that: Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement Amendment is being made and entered into for the Project to ensure that the above three goals are fulfilled. SECTION 3. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: Page 1131 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 – CITY OF RANCHO CUCAMONGA June 20, 2018 Page 4 a. The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement Amendment enables the continued construction of the overall project within the Victoria Gardens Mall subject to the approval of the amendments to the General Plan, VGMP, and TPM (General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-00971, and Tentative Parcel Map TPM19963, respectively). b. The Application is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement Amendment will increase certainty and provide assurances for subsequent development projects within Victoria Gardens and enable the City to plan for and finance public facilities. C. The Application will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement Amendment is the fourth amendment to incorporate the General Plan Amendment (DRC2017-00969) and Victoria Gardens Master Plan Amendment (DRC2017-00971) into the vested rights applicable to the Victoria Gardens Mall, and to facilitate the timing and development of a public safety facility on the Subject Property. d. The Application will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement Amendment will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. SECTION 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that an addendum to the EIR and SEIR is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of the Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the projector the circumstances under which the project would be undertaken don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. Page 1132 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 5 C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts were further analyzed to ensure that no new impacts were generated as a result of recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the City Council finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have been -known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA and recommends that the City Council adopt the addendum as being prepared in compliance with CEQA. The purpose of the Application is to incorporate the General Plan Amendment and Victoria Gardens Master Plan Amendment into the Development Agreement and facilitate the timing and development of the public safety facility on the Subject Property. e. The City Council further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. SECTION 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby adopts the addendum to the EIR and SEIR and approves Development Agreement Amendment DRC2017-00970 as shown in Exhibit 1. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this day of 12018. Dennis Michael Mayor Page 1133 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 6 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 16th day of May, 2018, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Page 1134 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho. Cucamonga, CA 91730 Attn: City Clerk APNs: THIS LINE FOR RECORDER'S USE, Exempt from Recording Fees Pursuant to Government Code Section 27383 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO'MALL NE, LLC THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Fourth Amendment") is made and entered into as of this day of , 2018, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), RANCHO MALL, LLC, a Delaware Limited Liability Company ("Mall Owner"), and RANCHO MALL NE, LLC, a Delaware Limited Liability Company ("NE ParcetLessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein as "Owner"). :Recitals A. The purpose of this Fourth Amendment is to incorporate into the Amended Development Agreement,. as defined below, those amendments to the General Plan and the Victoria Gardens Master Plan that the City approved on [DATE] (collectively, the "2018 Amendments"), which are attached hereto as Exhibits 1 and 2 and incorporated into this Fourth Amendment as if set forth in full herein. It is the Parties' mutual intent that the 2018 Amendments become part of the "Project Approvals and "Applicable Regulations as those terms are defined in the Amended Development Agreement. B. The purpose of this Fourth Amendment is also to set forth the tinning and process by which Owner is expected to provide to City a public safety facility shell on land currently owned by City within the Victoria Gardens Master Plan area. City is expected to use the Public Safety Facility Shell as a police substation and for other public safety and civic activities. C. � Concurrently with the approval of this Fourth Amendment, City and NE Parcel Lessee entered into that certain ground lease dated [INSERT DATE] (the "Ground Lease"). Pursuant to the Ground Lease, NE Parcel Lessee has the right to construct and operate public parking on a surface parking lot and/or in a parking structure on a parcel of land owned by City and more particularly described in Exhibit "F" (the "Ground Lease Parcel"). 1 of 24 11231-000112172589v14.doc Page 1135 D. On [DATE], after holding a duly noticed public hearing, the Planning Commission of the City of Rancho Cucamonga recommended the: approval of this Fourth Amendment. E. On [DATE], the City Council of the City of Rancho Cucamonga, adopted Ordinance No. , approving this Fourth Amendment. NOW THEREFORE,. for valuable consideration, .the receipt and sufficiency of which is hereby acknowledged, City and Owner hereby amend that certain Development Agreement between them, dated February 20, 2002, and as previously amended' by the First Amendment to Development Agreement, dated May 7, 2003, the Second Amendment to Development Agreement, dated June 18, 2003, and the Third Amendment to Development Agreement, dated May 20, 2009 (as amended, the "Amended Development Agreement"). Amendment Recital G of the Amended Development Agreement is hereby amended to read as follows: "G. A depiction of the Tentative Map is attached hereto and - incorporated herein as Exhibit "C". For purposes of this Agreement, the "Project Approvals" include: the General Plan, the Victoria. Community Plan, the Victoria Arbors Master Plan, the ETR and Mitigation Monitoring Program, the Victoria Gardens Master Plan (including,. but not limited to the Master Plan Signage program), Tentative Map, and any amendments to the foregoing approved by the City on or before the Effective Date; any amendments to the foregoing documents adopted by -the City on May 20, 2009 and [DATE _OF THE FOURTH AMENDMENT], and the 2009 Amendments and 2018 Amendments to the foregoing documents." 2. Section III.B.6. of the Amended Development Agreement is hereby added to read as follows: "Location of Residential Units. As part of the 2018 Amendments, the Master Plan and General Plan were amended to reduce the maximum number of residential dwelling units in the Master Plan's Residential Area by 95 units and to 'increase the maximum, number of residential dwelling units in the. Master PIan's Main Street Area by 95 units. City approved the 2018 Amendments; including the Master Plan and General Plan amendments, in good faith reliance on NE Parcel Lessee's plan to develop additional parking on the Ground Lease Parcel, in accordance with the terms of the Ground Lease, and to deliver to City the Public Safety Facility Shell on the Public Safety Parcel. The terms "Ground Lease," "Ground Lease Parcel," "Public Safety Facility Shell;" and "Public Safety Parcel" are defined in the Recitals to the Fourth Amendment and Section III.M. If NE Parcel Lessee fails to develop a surface parking lot and/or parking structure on the Ground Lease Parcel in. accordance with the Ground Lease or the Ground Lease expires or is terminated for any reason, then, notwithstanding anything to the 2 11231-000112172589v14.doc Page 1136 contrary in this Agreement, City shall have the right to amend the Master Plan and the General Plan in order to relocate -the developable area for the 95 residential dwelling units within the Master Plan, and the Project Approvals and Applicable Rules shall be deemed to incorporate the relocation, provided that such amendments shall not be applied to any of the 95 residential dwelling units (i.e., the five hundred and sixth (506th) and all further residential dwelling units located on the Property) constructed by Owner prior to City's approval of the amendments. Owner agrees not to oppose City's efforts to amend the MasterPlan and the General Plan provided the amendments are limited'to relocation of the 95' residential units. Owner shall pay or reimburse the City's then -current application and processing fees for the MasterPlan andGeneral Plan amendments necessary to accomplish the relocation. City shall submit an invoice to Owner for such fees, and Owner shall pay the invoice within thirty (30) days of -receipt. Notwithstanding the foregoing, City may not without.the prior written consent of Owner hereafter amend the Master Plan and- General Plan in order to relocate the developable area for the 95 residential dwelling units within the Master Plan if,. prior to City initiating the Master Plan and General Plan. amendments pursuant to the preceding paragraph, Owner has completed and delivered the 'Public Safety Facility Shell, as defined in Section III.M.1. For the avoidance of any doubt, City may amend the Master Plan and General Plan in order to relocate the developable area for the 95 residential dwelling units if Owner satisfies its obligation to deliver the completed Public Safety Facility Shell by paying to the City the sum described in Section III.M.5(ii)." 3. Section III.D. of the Amended Development Agreement is hereby amended to read as follows: "Permitted Fees. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, in the amount, if any, in effect on a City-wide basis as of the Effective Date. Owner shall only be responsible for payment of those development fees: listed in the attached Exhibit "D" to be calculated as indicated therein. Notwithstanding the foregoing, City may charge and impose those fees and exactions, including, without -limitation dedications and any other fee or tax(including excise construction or .any other tax, relating to development or the. privilege of developing, in the then current amounts when such fees and/or exactions .are due for i any surface parking lots and/or parking structures located on the Ground Lease Parcel,'• and(ii) the five hundred and sixth 506th and all further residential dwelliniz units located on the Property. City will not impose any_processing fees and/or exactions against Owner in connection with development of the Public Safety Facility Shell. 3 11231-000112172589vl4.doc Page 1137 This Section shall not be construed to (i) limit fees charged by agencies or utility providers other than the City; or (ii) except as provided in the last two sentences of the preceding ,paragraph, limit the authority 'of City to charge customary application, processing, and permit approvals, building permits and other similar normal- and fees for land use permits, which fees are designed to reimburse City's expenses attributable to.such application, processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City." 4. Section III.M. of the Amended Development Agreement is hereby added to read as follows: "M. Public Safety, Facility Shell. 1. Development of Public Safety Facility Shell. Provided the obligation to do so has been triggered by the condition specified below in this paragraph, the NE Parcel Lessee shall be required to develop, construct, and deliver to City, within the time specified in Section III.M.3 below, the cold, dark shell of a building of approximately 6,300 square feet in accordance with performance standards, materials, and specifications set forth in Exhibit "H" and the final construction drawings, as described in Section IILM.3 ("Public Safety Facility Shell") on property owned by City and more particularly described in Exhibit "G" (the "Public Safety Parcel"). NE Parcel Lessee's obligation to construct and deliver the Public Safety Facility Shell shall be triggered only if and when NE Parcel Lessee obtains a building permit from City and commences construction of a surface parking lot and/or parking structure on, the Ground Lease Parcel. Once the obligation is triggered, NE Parcel Lessee shall develop and construct the Public Safety Facility Shell in accordance with the requirements of this Section. 2. Notice of Parking Development; Application of Spaces. At ,the earliest practicable time, NE Parcel Lessee shall provide written notice to City of its intent to begin construction drawings for a surface parking lot and/or parking structure on the Ground Lease Parcel, but in no case later than the date Owner enters into a contract for the construction of the surface parking lot and/or parking structure. Evidence of Owner's intent to begin construction drawings for a surface parking lot and/or parking structure may include soliciting proposals for or contracting with an architectural or engineering firm to prepare construction .drawings for a surface parking lot and/or parking structure on the Ground Lease Parcel. 3. Timing of Public Safety Facility Shell Development; Design Drawings. Prior to NE Parcel Lessee developing the Public Safety Facility Shell, City will prepare and provide NE Parcel ;Lessee with City -approved construction drawings and building permits for the Public Safety Facility Shell that substantially comply with the performance standards, materials, and specifications set forth in Exhibit "H." Withintwelve (12) months of receipt of the City -approved 4 11231-0001121725 89v 14.doc Page 1138 construction drawings and building permits, NE Parcel- Lessee shall deliver the Public Safety Facility Shell to City. 4. Delivery of Public Safety Facility Shell. The Public: Safety Facility Shell shall be deemed delivered to City at such time that the City Engineer or his or her designee has performed,a final inspection of the Public Safety Facility Shell .and determined that the building is free from any deficiencies and conforms to the performance standards and specifications set forth in Exhibit "H." Such determination shall not be unreasonably delayed or withheld by the City, and once the Public Safety Facility Shell construction is substantially complete the City shall from time to time provide Owner with a written, punch list of remaining. incomplete or deficient items. The punch list shall be provided within ten (10) days of a written request therefor from NE Parcel Lessee. The City Engineer or his or her designee will perform a final inspection promptly after'Owner informs City that the Public Safety Facility Shell is complete. Within twelve (12) months following delivery of the completed Public Safety Facility Shell, City shall vacate the leased substation premises on Mall Owner's property and relinquish such premises to Mall Owner.. 5. _Remedies for Failure to Timely Deliver Public Safety Facility Shell. If NE Parcel Lessee fails to deliver the Public Safety Facility Shell within the time. period set forth in Section III.M.3, plus any period of force majeure extension applicable under this Agreement, then such failure shall not be deemed a default by Mall Owner under this Agreement giving rise to any right of the City to terminate this Agreement or to other remedies not specified in this SectionIII.M.5, but City shall have the following as its sole and'exclusive remedies for such failure by NE Parcel Lessee: (i) City shall, prior to exercising any of the other remedies below in this Section, give written notice to NE Parcel Lessee and Mall Owner and provide a period of sixty (60) days from the date of notice in which NE Parcel Lessee may cure the default. The notice shall include an invitation to meet and confer at a mutually convenient time during the ten (10) day period following the date ofthe notice, to discuss the reasons forthe default, the,status and circumstances of the Public Safety Facility -Shell construction, and the potential for a cure. Also during this 60 -day cure period, City shall obtain and provide to Owner an independent engineer's estimate of the reasonable remaining costs to complete the Public Safety Facility from the state of completion which existed at the time of the default notice. NE Parcel Lessee shall reimburse the City's cost, not to exceed fifteen thousand dollars ($15,000), for the independent engineer's completion cost estimate. .Commencing on the one year anniversary of the effective date of this Fourth Amendment and each, 12 months thereafter, the fifteen, thousand dollar ($15,000) amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County for the twelve-month period ending in the month preceding the anniversary date. 5 11231-000112172589v14.doc Page 1139 (ii) If the PublicSafety Facility Shell has not been completed in accordance with this. Agreement by the end of the sixty (60) day cure period, then Owner, at its option, may effectuate a cure and be deemed to Have satisfed its obligation to deliver the completed Public Safety Facility Shell, by paying to the City within ten (10), days following expiration of the sixty (60) day cure period, an amount equal to one hundred twenty-five percent (125%) of the completion cost estimate provided by the City's independent engineer. Owner shall thereafter cooperate in turning over the jobsite, plans, and construction records (and; to the extent desired and requested by City, assigning any permits and contracts for the work over to the City) in order to facilitate the City's. takeover of the construction and completion of the Public Safety Facility Shell.. A cure effectuated under this paragraph shall be effective for all purposes due to a default arising out of'this Section III.M, except that it shall not prevent City from relocating the 95 residential dwelling units under the last paragraph. of Section 11I.13.6 above. (iii) Only after Owner has failed to cure the default under either of the two preceding paragraphs,. City may impose by written notice to Owner the following additional remedy: Owner shall thereafter have no right to receive, and City shall have no obligation to approve, building permits for new buildings or structures or the expansion of existing buildings. or structures on the Property, until such time as the Public Safety Facility is delivered to the City, except (A) on the parcel described in Exhibit "I" (the "Northwest Parcel"); (B) any other work already under construction pursuant to a valid building permit prior to the start of the sixty (60) day cure period; and (C) tenant improvement, remodeling, repair and reconstruction work on existing buildings and structures that do not expand building floor area. 6. Prevailing Wages. The Public Safety Facility shall be constructed as a public work of improvement for which prevailing wages shall be paid and, if applicable, bonds provided under Labor Code Section 1781(a)(2)(C).. City and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Labor Code Section 1770, P "se ., and shall be responsible for the keeping of all records required pursuant to Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through 1815, and complying with all regulations and statutory requirements pertaining thereto. Upon the periodic request of City, Owner shall certify to City that it is in compliance with the requirements of this Section. Owner shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and .agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction, and/or operation of the Public Safety Facility:Shell, results or arises in any way from any of the following: (a) the noncompliance by Owner with any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages),- (b) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; on 1' 1231-000112172589v14.doc Page 1140 and/or (c) failure by Owner to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the. parties that, in connection with the development of the Public Safety Facility Shell, Owner shall bear all risks of payment or non-payment of prevailing wages under California law and/or the. implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar 'law. "Increased costs," as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement." 7. Meet and Confer. Beginning on July 1, 2019, and annually thereafter, City and Owner shall meet and confer to discuss the status of development on the Property and compliance with the requirements of this Section. '8. Credit Toward Satisfying Parking Requirements. City agrees that parking spaces constructed on the Ground Lease Parcel pursuant to the Ground Lease shall be credited toward parking requirements applicable to development. on portions of'the Property that are owned by Mall Owner on the date of the Fourth Amendment; provided, however, that Mall Owner shall submit a shared parking study for City's reasonable approval before such parking spaces may be credited toward parking requirements for a residential use. 5. Pursuant to Section V.B. of the Amended Development Agreement, Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of interests in all or portions of the real property comprising the Property, as defined in the Amended Development Agreement, and previously owned' by Victoria Gardens -C, LLC. Rancho Mall, LLC and Rancho Mall NE, LLC hereby agree to be subject to all of the provisions of the Amended Development Agreement applicable to the portions of the Property under their respective ownership and control. Notices required by this Amended Development Agreement shall be delivered to Rancho Mall, LLC and Rancho Mall NE, LLC as .fo /lows: Rancho Mall, LLC c/o QIC 222 N. Sepulveda Blvd., Suite 2350 E1 Segundo, CA 902.45 Attn: Brenton Watson Rancho Mall NE, LLC c/o QIC 222 N. Sepulveda Blvd., Suite 2350 El Segundo, CA 90245 Attn: Brenton Watson 7 11231 -0001 \21.725 89 v 14. do c Page 1141 6. Except for the amendments expressly made herein, the Amended Development Agreement remains unmodified:and in full force and effect. 7. Pursuant to Section 65868.8 of the Government Code, the Parties shall mutually assure that a copy of this Fourth Amendment is recorded against the Property with the County Recorder of San Bernardino County within ten (10) days after the effective date of this Fourth Amendment. IN WITNESS WHEREOF, Owner and City have executed this Fourth Amendment as of the date first hereinabove written. "City" CITY OF RANCHO CUCAMONGA a Municipal Corporation LON Mayor "Owner RANCHO MALL„LLC, a Delaware Limited any By: `_. 1!� Its: Attest: RANCHO MALL NE, L , City Clerk a Delaware Li t y Company Approved as to Form: By. r Its: Y ► t n Ca rf f1 �/►c� �te� ldvc df By: 5J -s— vn�w-�a ✓ o� sa[Gi- m� w/ City Attorney 8 11231-0001121725 89v 14.doc Page 1142 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 notthe:truthfulness, accuracy, or validity of that document. State of California County of Lbc, An��1�-S On lm�.u. °yb , 26� $� , before me, Lt tkkR (1gT�tAU � PYA 0,-" IV—(insert name Ad d title of the offi� Notary Public, personally appeared 1t/l C1 l who proved to me on the basis of satisfactory evidence to be the person(o�whose named is//e subscribed to the within instrument and acknowledged to me that helsle/tvy executed -the same in his/wILIA authorized capacity(i , and .that by hisdjqf/thgl signatureA on the instrumentthe person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 00�LWDACLAYPOOLBRYANS paragraph is true and correct. Notary _;Public Lj. LoLosAngelesCounty WITNESS rn hand and o lcial seal, [ommission # 2194909 }' MV Comm. Expires Apr 3o, 2021 Signature (Seal) C 1.1231-0001121725 89v1 4.doc Page 1143 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 p x, Onno,before me, 1,~ ��� �� �� p 0-0t Gcu S, a(insert name an title of the officer) Notary Public, personally appeared �/ V1�V"l , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/ subscribed to he within instrument and acknowledged to me that he/�eltl " executed he same in his/hgr/tly authorized capacity( Os , and that by his/hef/tViir slgnature(4 on the instrument the person or the entity upon behalf of which the person( acted, executed the instrument. L�t4DAYPOOL BRYANS Vlt — Caliiornla L@---� Los Angeles County Comtn4ss'son 0 2194909 My Comm, Cxpires Apr 30, 2021 11231-000112172589vl4.doc I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, Signature. 10 iAl seal. (Seal) Page 1144 Exhibit "1" General Plan Amendment 1123 1-000 1\21725 89v 14. doc Page 1145 Exhibit 112" Victoria Gardens Master Plan Amendment 12 11231-000112172589v14.doc Page 1146 pN a •. r�wr �k`� ®.iau.r +ww wsuanrww ne.n.r�.aa Y�f►WIP ra trn,� rm .� arwrrarw!ra wr�ra. .�ii�www . �R.b:.gMAM.AIAAU.IiF� •-� b'�"��'�_. � `� :ate ,..,. ma c0T i w..n RrrE�q i vN✓wEl � .a �n .ew . 0A • ooh= 9 rf 1 1 YCORA GvvD wlftLL r!L.— TENTATIVE PARCEL MAP NO. 19953 IN THE CRY OF RANCHO CHCAMONOA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Elh591F31r_wr 3 N ===1 =in.:'r`r.s:-- RANCHO MALL, LLC +aa. rro• r ars.. �c.drm imam b R :vA aim q:m �an1°ox parte` rrm �a �,�.1�resr mawaa.aaw...q�wrr MEL o= r.m•ms aracma�amm+ase .� PH M495 -16W THE CRY OF RANCHO CUC MONGA I W W CIVIC M-NTUR DRIVE pN a •. r�wr �k`� ®.iau.r +ww wsuanrww ne.n.r�.aa Y�f►WIP ra trn,� rm .� arwrrarw!ra wr�ra. .�ii�www . �R.b:.gMAM.AIAAU.IiF� •-� b'�"��'�_. � `� :ate ,..,. ma c0T i w..n RrrE�q i vN✓wEl � .a �n .ew . 0A • ooh= 9 rf 1 1 YCORA GvvD wlftLL r!L.— PW M�)4774M rii +�iw+ a.K (ANb117AlaIRS. p1Y 1LLM0 lI rAR� E � 11 )),, TENTATIVE PARCEL MAP Na 19M I,. CRY. RANC+iO CDCA*0"GA COUIRY Or SAN BERNARDINO. STATE OF CALFORNIA AML". "ll SNEU 1 OF 1 xov Page 1147 M .Ar RANCHO MALL, LLC L N SEPULVEDA BLVD. SiTTE_150 MEL SEGUNDO. CA 9Mt0 PH M495 -16W THE CRY OF RANCHO CUC MONGA I W W CIVIC M-NTUR DRIVE RANCMOCLCAMONGA, CA91774M 7 PW M�)4774M rii +�iw+ a.K (ANb117AlaIRS. p1Y 1LLM0 lI rAR� E � 11 )),, TENTATIVE PARCEL MAP Na 19M I,. CRY. RANC+iO CDCA*0"GA COUIRY Or SAN BERNARDINO. STATE OF CALFORNIA AML". "ll SNEU 1 OF 1 xov Page 1147 M TENTATIVE PARCEL MAP N0. 19963 IN THE CITY OF RANCHO CUCAMONGA- COUNTY OF SAN SUMMIK6, STATE OF GLIF'OIEWA �A.RIQ'7� Al I-wws acr. ss iw ae ®..�..� _ 4 - - �eepfiQ7�_ .•� 1 � �. Tenn w.r e+..�ww rv��� �� •ae osY„ /Ip / � g � wl w[R.Or i M ! AiV .n lw. r•IM u~vnifua obi �Eltl..r«.Nr i PARL41 t f sfA.01[111UORT1.4rt RA'AY! PIt�Altm �: ��y r z•vI[W. IM ll .0 TMAC7 eW. vw I 1A 11114AMAII t 4OT 5 • i E R.tn'rarr ...c m - 1.1.1 OF SAN SEAIIAROM. STATE OF CALFOMIA APILL 17, Ml L ,1Qsa —�� arta s•t p �� -- - .VOL . G R[Y Aroe,E rAAca . — K MA GARUM AEDOt1L 0L> i f sfA.01[111UORT1.4rt RA'AY! PIt�Altm �: r ll .0 LEGAL DLBC*M-TK ft A/�MOR PAlTC�1!<,!� AO�AOE L��lAS�f mrmm � la K� APPllGAEQ: RANCHO MALL, LLC 222 % SEPULVEDA DWI`. SLRTE 23511 PLSf�V'TMCA%W PH_ 316'W�I6O7 - IMI. - QWNM THE Cm OF RANCHO CUCAMONGA IOvIO CIVN' CE.'%M ORSVE RA.CHO CUGIMONOA-CA 91729IW7 PH: 19091477 -:?W .�wom f sfA.01[111UORT1.4rt RA'AY! PIt�Altm �: ll TENTATIVE PARCEL MAP N0. 19963 • IN rNE cm aFRANcr+o cucAroNCA 1.1.1 OF SAN SEAIIAROM. STATE OF CALFOMIA APILL 17, Ml Page 1148 9*ET I OF 1 SHEET U 0 CON 00 N n N d d 1? e rn N Exhibit "H" Public Safety Facility Performance Standards, Materials, and Specifications Pursuant to Section III.M. of that certain Amended Development Agreement by and between the City of Rancho Cucamonga, Rancho Mall, LLC ("Mall Owner"), and Rancho Mall NE, LLC ("NE Parcel Lessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein as "Owner"), shall be required to develop, construct, and deliver to City the cold, dark shell of a building of approximately 6,300 square feet in accordance with the performance standards, materials, and specifications set forth in this Exhibit "H" and the final construction drawings provided to Owner by City. Owner shall not be obligated to construct the building except as described in this Exhibit "H" and the final construction drawings. Where two (2) alternative types of materials or structures are indicated, Owner will have the option of using either, and where no type of material or structure is indicated, Owner shall select the type of material or structure.to be used with prior consent of the City. References to the California Building Code and City of Rancho Cucamonga Standards are to those regulations and standards then in effect when City provides Owner building permits for the building. Site: Owner shall provide site improvements including: Landscape and irrigation: landscape and irrigation per City of Rancho Cucamonga standards. Parkin : 24 parking stalls per site plan with asphalt parking base designed for a traffic index of 5.0 consisting of no less than 3" thick asphalt concrete pavement and 4" thick crushed miscellaneous base. Parking Iot striping shall be provided per City of Rancho Cucamonga standards. Sidewalks and Curbs: concrete sidewalk and curbs as per site plan and in accordance with California Building Code Title 24, Signage: Accessible site signage in accordance with California Building Code Title 24. Fence: an 8' high fence with main supports at 8' o.c. Fence shall be constructed of Wire Works Anti -Climb Mesh and Impasse II Rails and Posts as manufactured by Ameristar Fence Company installed per manufacturer's recommendations, or equal as approved by the City of Rancho Cucamonga if unavailable at the time of construction. Vehicle gate to be provided by City of Rancho Cucamonga. Parkin LLighting: parking lot lighting to provide a minimum of 2 FC as measured on the parking surface. Parking lot light fixture to be Lithonia Lighting D -Series, Size 0 LED Area Luminaire (Model DSXO LED 40C 1000 50K T4M MVOLT SPUMBA PIRH DXXXX) or equal as approved by the City of Rancho Cucamonga if unavailable at the time of construction. Color to be as specified in the final construction drawings. Floors: Owner shall provide an exposed smooth finished structural concrete, 2'-0" wide perimeter footing at all perimeter walls. City of Rancho Cucamonga shall be responsible for providing interior slab, waterproofing, penetrations, and connection to perimeter footing. 15 11231-000112172589v 14.doc Page 1149 Perimeter Building Walls: Perimeter building walls shall be constructed of 8" concrete masonry units and storefront glazing and opening per plans. Concrete masonry unit shall be Angelus Block or equal. Clear Height: Owner shall provide a clear height of 12'-6" to the bottom of the roof structure. Roof. Owner shall provide fully adhered, flexible sheet roofing membrane or equal with 15 year NDL warranty. Storefront: Owner shall provide a storefront, per plans consisting of storefront. glazing and doors, to be Arcadia Series TC670 or equal with tinted, insulated glass per then existing California Building Code, Title 24. Necessary upgrades shall be by the City of Rancho Cucamonga. Rear Door: Owner shall provide a 3'-0" x 7'-0" hollow metal egress door with standard lockset hardware to the exterior of the building or service corridor. Door shall be painted on Common Area side only. Electrical: Owner shall provide for 4801277 volt, 3-phase, 4 -wire, electrical service section from a central distribution point. Owner shall provide (i) an empty meter base, (ii) a breaker frame at meter board (100 amp minimum), and (iii) an empty conduit (2" trade size minimum) stubbed to the Premises. Size of service shall be, at a minimum, 600 amps. Heating: Ventilating, & Air Conditioning ("HVAC"): All HVAC roof mounted package equipment, exhaust fans, roof vents, and roof curbs to be provided by City of Rancho Cucamonga. Owner shall provide appropriate roof structure to support proposed HVAC roof mounted equipment provided that information is provided prior to the commencement of construction, otherwise City of Rancho Cucamonga shall be responsible for the necessary support. Owner shall provide an electrical conduit stub and condensate line through the roof for City of Rancho Cucamonga's connection of the unit. All connections and start-up of the HVAC units shall be the responsibility of the City of Rancho Cucamonga, including electrical hook-up, thermostat, condensate lines and distribution within the Public Safety Building. City of Rancho Cucamonga shall be responsible for all roof penetrations, except that roof penetrations will not void roof warranty. Plumbing: Domestic Water Service: At a minimum, Owner shall provide a one inch (I") water line stubbed to rear of the Premises. City of Rancho Cucamonga shall be responsible for all meters and connection fees. Sanitary Sewer: Owner shall provide a four inch (4") sanitary sewer line stubbed to the Premises and located below finish floor. Gas: No gas to be provided. Telephone: At a minimum, Owner shall provide a single four inch (4") empty conduit from the main telephone backboard to the Public Safety Building for City of Rancho Cucamonga's installation of communication lines. 16 11231-0001121725 89v l4.doc Page 1150 Fire Sprinklers: Owner shall provide a fire sprinkler system including upright heads for the protection of the open shell building space only, without ceilings. Fire sprinkler system shall be designed to a density and head spacing conforming with NFPA requirements and local fire jurisdiction for ordinary hazard occupancies, with up -turned heads only. Fire Alarm: To be provided by City of Rancho Cucamonga. NPDES Compliance: Owner shall prepare the Water Quality Management Plan in conjunction with the precise grading design and shall provide improvements necessary to comply with the WQMP and then current NPDES and storm water permit requirements. 17 11231-000112172589v14.doc Page 1151 ViLLLLLLL PARKING @ N.E. LOT VIMU 6ARUEli5 a w mm SURFACE PARKING IFOR POLICEI - t 24 SPACES ,waiL:aaa,o G©LRGoW Page 1152 00 Floor Plan - Public Safety Factity O t.lw.mo HMC Architects Page 1153 w m ke" ELM If}YL Afilii V am nartl CAA CLma orwr F WL" I�I�wYi. alo w �K rlwa:• rN wl�rilO�Il}T{Y �a0 YY��7R�IO[OGd� Idles SILw PWWVI ti{ � v3A O�. a =*as�rr�s�7 na :ArrW[: t—W , i -r�ir�wr+r•��wsw����4�a� �rrrr W 1 " l Elevation - Nora' Puh6a Safety Fae ft .r,nL24:+w HMC Architects Page 1154 9 Yl� [OeuY�7 n��cw lweowlr wr nn'r �cwj ear YY_IYCIY.:wa Y n Yfrx n+! -Ya [.M Yl9 r�li� ue.l:Orr [axe e1lelTeL /iYR was N6l Yl-k.'V D Ml' ��Y lT09MpI1T lY111Y Yl] �Y lrOYlV dITnb� P i] +4.LLR M•X. Y30� 1'lM1G t!t e�nwaa Cenws 0.O\ =u� eM scNARMC anow 10 - � ��rY�Ir• �w w�w� w nw� �� Elevatier - Eal t PuNic Safety Fanity 4*ftjK it8 HMC AI:11teCt5 Page 1155 rte. f�ifNi�i��+ Y N/1r�a���• err filr�rar�iaf�li� i�ra., rar ura. rNr w.r� rw a.�r�Y�31�i �r(ir yw 1Wr�yYaF�,�N m Elevation - turf-- tjANC &*Wp=mv Jpm a AN* HMCAkfmltKts Page 1156 U D CON 00 kn cV O O O N N � W tax" ?L PMM �wiw+r a.w w� wr sjmwrwnw A ISC- . - UClJcA413 Page 1157 Exhibit "I" Northwest Parcel NORTHWEST PARCEL - PARCEL MAP NO. 15796-1 MAP NO 15641 JPARCEL \ P.M.B. 192193-100 CHURCH STREET r _ 3 47 48 f N'R PARCEL B A • 01 6 A DESIGNATED 9 tE REMAINDER C 1 NA.P. 4 a/ PARCEL 9 N,AP. 6.384 AC 2 F 3 S 18 ~ 10 15 23 w G 132 16 17 20 v11 14 H K 16 I J24 22 OQ 25 29 N 34 26 ! 28 30 g1 33� 35 37 38 38 �y ,CI 14 40 141 R42 k43 144 FOOTHILL BOULEVARD (ROUTE 66) f- 11 D 4 * E:p, 6/30/2004 1 No. 3640 P EPAP..EC A6& THE SI a 11231-000112172589vl4.doc �P 457 7 46 i 4 500 300 0 800 GRAPHIC SCALE OF: LEGEND 5-2 -G3 INDICATES SUBJECi PARCEL AREA �— INDICATES SU3JECT PARCEL LINE DIRES 6 IND+CATES EX15714G PARCEL LINE 24 i \ 4ssr,A\ WIPPINr.\PRn -NWA d5- Page 1158 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison INITIATED BY: Jim Markman, City Attorney Jana Cook, Community Improvement Manager SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 930, AMENDING TITLE 17 OF THE MUNICIPAL CODE TO REVISE SIGN REGULATIONS FOR PUBLIC PROPERTY. RECOMMENDATION: Staff recommends the City Council conduct a second reading of Ordinance No. 930, by title only, "An Ordinance of the City Council of the City of Rancho Cucamonga, California, Amending the Rancho Cucamonga Municipal Code Regarding Signs on Public Property and Public Right Of Way". BACKGROUND: The introduction and first reading of the above -titled Ordinance was approved at a Regular Council meeting on June 20, 2018 with a modification of Section 17.72.060 Community directional wayfinding signs to read: The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to, for example, ourist-oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within city limits. Vote at first reading: AYES: Michael, Alexander, Kennedy, Spagnolo, Williams. ANALYSIS: Please refer to the June 20, 2018 City Council Staff Report. FISCAL IMPACT: Please refer to the June 20, 2018 City Council Staff Report. COUNCIL GOAL(S) ADDRESSED: Please refer to the June 20, 2018 City Council Staff Report. ATTACHMENTS: Description Ordinance No. 930 Page 1159 ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SIGNS ON PUBLIC PROPERTY AND THE PUBLIC RIGHT OF WAY 1. Recitals. A. Without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public. Moreover, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents and visitors. B. This Ordinance consolidates, clarifies and updates the City's sign regulations as they relate to public property, including public rights-of-way. This Ordinance does not adopt or amend any ordinance or regulation that regulates or prohibits the use of any on -premises advertising display. C. In developing this Ordinance, the City Council has been mindful of developments in the law since the last amendment of the sign regulations. The City Council intends that this Ordinance continue the City's long-standing practice of regulating signage to advance the City's interests in traffic safety and community aesthetics. This Ordinance is intended to provide reasonable sign regulations that advance these interests without making reference to, or imposing any regulation based on the content of signs, or the messages that they convey. D. The sign regulations imposed under this Ordinance are a matter of citywide importance and are not directed towards any particular business or property owner. E. All legal prerequisites to the adoption of this Ordinance have occurred. 2. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance are true and correct. SECTION 2. Chapter 17.72.020 PROPERTY") of the Rancho Cucamonga entirety to read as follows: ("SIGN REGULATIONS FOR PUBLIC Municipal Code is hereby amended in its CHAPTER 17.72 SIGN REGULATIONS FOR PUBLIC PROPERTY Page 1160 Section 17.72.010 Purpose and proprietary capacity. This chapter regulates signage in the public right-of-way and on other city -owned property. In adopting this section, the city council acts in its proprietary capacity as to city property, as defined in this title, within the city. This section is adopted pursuant to the city's general powers, property rights, Government Code §§ 65850(b), 38774, and 38775; Business and Professions Code § 5200 et seq.; Civil Code § 713; and Penal Code § 556 et seq. Section 17.72.020 General prohibition. Unless specifically authorized by this chapter, no signs may be displayed on city property by private parties. Section 17.72.030 Signs allowed on city property. The following signs may be erected and displayed on city property: A. Signs erected by the City or another governmental unit. B. Signs allowable under section 17.72.040 (Personally Attended Signs), 17.72.050 (Street Banner Program), 17.72.060 (Community Directional Wayfinding Signs), 17.72.070 (Posted Signs in the Public Right -of -Way) and 17.72.080 (Commercial signs Posted in Public Streets) of this chapter. Section 17.72.040 Personally Attended Signs. In areas qualifying as public forums, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following: A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions, the display period is extended to 30 minutes after such meeting is officially adjourned. C. The maximum aggregate size of all signs held or personally attended by a single person is 12 square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. D. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet, measured on one display face only. E. The sign must have no more than two display faces and may not be inflatable, air -activated or have mechanical movement. Page 1161 F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane or in a traffic median when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not obstruct the extended line of the "clear visibility triangle", as defined in chapter 17.126 (Universal Definitions) and depicted in Figure 17.72.070.D. Section 17.72.050 Street banner program. The purpose of this program is to establish guidelines and criteria for the selection of city events for marketing through street banners and procedures for the display of street banners. In furtherance of this program, the city council established program policies and administrative criteria for the operation of the program, selection of designated street banner locations, and applicant procedure and approval process, including terms and conditions. Section 17.72.060 Community directional wayfinding signs. The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to, for example, tourist -oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within city limits. In furtherance of this program, the city council shall establish program policies and administrative criteria for the operation of the program, selection of destinations to identify through the program, and sign location and design criteria. Section 17.72.070 Posted signs in public streets. In public streets, including public street frontage, private persons may display noncommercial and commercial message signs thereon, provided that such signs conform to all of the following: A. Signs shall be freestanding and not affixed to any existing structure, including but not limited to poles, posts, permitted signs, or utility boxes. B. Signs shall not obstruct any existing, permitted, permanent sign. C. Signs shall not exceed nine (9) square feet in total area. The sign's height shall not exceed 36 inches above the ground. D. Signs shall not create a traffic or pedestrian hazard. In addition, any sign placed in a traffic median, roadway intersection, driveway, or in the extended line of the Page 1162 "clear visibility triangle", as defined in Chapter 17.126 and depicted in Figure 17.72.070.D., shall be considered hazardous and are prohibited. FIGURE 17.72.070.D. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE Road Right—of—Way Line or Edge of Driveway. o signs allowed i hatched area. E. Signs are prohibited on right-of-way immediately adjacent to city property, including but not limited to parks, community centers, city facilities or unimproved parcels. F. No more than one sign containing two display faces is permitted on each side of a public street on each city block. For purposes of this section, a city block shall be the street frontage located between roadway intersections, dead ends, cul- de-sacs, or a turn in the roadway alignment of 45 degrees or more. G. Signs which have become worn, faded, weathered, torn or dilapidated in any way shall be repaired or removed immediately by the owner or responsible party. H. Signs posted in the same location continuously for longer than 24 hours shall be limited to two periods of display per calendar year, provided that they may be posted for a maximum of 60 days at any one time and at least 60 days shall separate the conclusion of the first 60 -day term and the beginning of the second 60 -day term. Each sign shall be marked with the date the sign was posted. Signs posted on a daily basis shall be displayed for no more than 12 hours in each 24 hour period. Such signs shall be displayed for no more than 90 days per calendar year, whether consecutive or intermittent days. Signs advertising or promoting a particular event, including commercial and non- profit events and elections, shall be promptly removed no later than forty-eight (48) hours after the event's conclusion or, in the event it is cancelled, its cancellation. Signs that have not been removed within the required period shall be subject to immediate abatement by the City. Section 17.72.080 Commercial signs posted in the public right-of-way. A. Commercial signs shall conform to all provisions on Section 17.72.070 for size, manner and placement. Page 1163 B. A commercial entity with a permanent location and permitted, permanent sign shall not post any temporary commercial signs in the right-of-way within 200 feet of the perimeter of the parcel or structure, including a master -planned, contiguous shopping center, whichever is furthest, where the business is located. C. No more than twelve (12) signs, each containing no more than two display faces, shall be posted at any one time for each business. In the case of multiple business entities occupying the same premises, each separate business entity shall be permitted up to twelve (12) such signs. In the case of a single business entity occupying multiple locations, the business entity shall be permitted up to twelve (12) signs for each business location. D. Commercial signs that either falsely advertise a commercial event that is not occurring or advertise any illegal activity are prohibited. Section 17.72.90 Removal of signs from the public right-of-way and city property. A. Any sign found in violation of this chapter may be summarily removed by the City as a trespass and a public nuisance. If the sign includes contact information for the sign's owner, then the city will make reasonable effort to contact the owner with information on how and where to retrieve collected signs. Signs shall be held by the City for collection by the owner for a period of thirty (30) days. Any signs not collected by the owner after thirty (30) days shall be disposed of by the City. B. The City shall not be responsible nor make restitution for any sign posted in violation of this chapter, whether or not the sign is removed by City staff. C. The person or organization responsible for placing a sign in the right-of-way or city property shall assume all liability for damages to the sign or caused by the installation or display of the sign. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15305, minor alterations in land use, and section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Page 1164 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. 2018. 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 20th day of June, 2018, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 20185 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Page 1165 DATE: July 18, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Tamara T. Layne, Finance Director Michelle Cowles, Management Aide SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE FIRE DISTRICT GENERAL FUND FINAL BUDGET FOR FISCAL YEAR 2018/19. RECOMMENDATION: Staff recommends the Fire Board approve a Resolution adopting the General Fund Final Budget for FY 2018/19 for $41,624,660 which is a combination of $27,307,480 General Fund operational expenditures, $90 Fire Technology Fee Fund expenditures, and $14,317,090 Capital Reserve expenditures. BACKGROUND: The Health and Safety Code, commencing with Section 13890 et seq, requires that Fire Protection District: 1. adopt a preliminary budget; 2. publish notice regarding a public hearing for final budget adoption; and 3. on or before October 1 st of each year, the Board shall adopt its final budget. ANALYSIS: In compliance with the above requirements, the Fire District Board of Directors has: 1. conducted a public budget workshop on June 7, 2018, and adopted the preliminary budget on June 21, 2018; 2. published on two (2) occasions in the Inland Valley Daily Bulletin notices regarding the public hearing for consideration of final budget adoption; and 3. submitted a proposed resolution adopting the General Fund Final Budget during the Board meeting scheduled for July 18, 2018. The preliminary budget has been available for public inspection in accordance with the Health and Safety Code. FISCAL IMPACT: Page 1166 The actions taken by the Fire Board will establish the Rancho Cucamonga Fire Protection District's final spending plan for Fiscal Year 2018/19. COUNCIL GOAL(S) ADDRESSED: Delivery of vital fire and life safety services to residents, visitors, and businesses through an innovative combination of risk reduction and emergency response programs. ATTACHMENTS: Description ATTACHMENT 1 - Resolution Page 1167 ATTACHMENT 1 RESOLUTION NO. FD 18 -XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District adopted its General Fund Preliminary Budget on June 21, 2018, and made said preliminary budget available for inspection by interested taxpayers; and WHEREAS, the Board of Directors noticed a time and place for a public hearing regarding the preliminary budget; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District conducted said hearing in accordance with requirements set forth in the Health and Safety Code of the State of California. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby adopt the General Fund Final Budget for the District for Fiscal Year 2018/19 in the amount of $41,624,660, which is a combination of $27,307,480 General Fund operational expenditures, $90 Fire Technology Fee Fund expenditures, and $14,317,090 Fire Protection Capital Fund expenditures. The General Fund Final Budget is on file in the office of the Finance Director. PASSED, APPROVED, and ADOPTED this 18th day of July 2018. Page 1168 DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: Candyce Burnett, City Planner INITIATED BY: Mike Smith, Senior Planner SUBJECT: CONSIDERATION OF DEVELOPMENT AGREEMENT DRC2015-00118 - A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20, 0210-082-91 THROUGH 93. RELATED FILES: GENERAL PLAN AMENDMENT DRC2015-00114, SPECIFIC PLAN AMENDMENT DRC2015-00040, AND DEVELOPMENT CODE AMENDMENT DRC2015-00115. AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH NO. 20150410083) AND MITIGATION MONITORING REPORTING PROGRAM (MMRP) WAS REVIEWED AND CERTIFIED BY THE CITY COUNCIL ON MAY 18, 2016. SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROVIDES THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR A PREVIOUSLY CERTIFIED EIR OR FOR SUBSEQUENT PROJECTS WITHIN THE SCOPE OF A PRIOR EIR. THE DEVELOPMENT AGREEMENT IS A CONTRACT GOVERNING TIMELINES, TERMS, AND CONDITIONS REGARDING DEVELOPMENT OF EMPIRE LAKES/THE RESORT AND DOES NOT RAISE OR CREATE NEW ENVIRONMENTAL IMPACTS THAT WERE NOT PREVIOUSLY CONTEMPLATED IN THE EIR. RECOMMENDATION: Staff recommends the City Council adopt Ordinance No. --- approving Development Agreement DRC2015-00118 between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC by four-fifths vote by title only. BACKGROUND: The Planning Commission held a public hearing regarding the proposed Development Agreement on April 11, 2018. Staff made a revision to the text of one of the proposed Agreement's terms which required a review by Planning Commission before the proposed Amendment could be forwarded to the City Council for review and action. The Planning Commission held a public hearing to consider the revised text on June 27, 2018. Page 1169 The project site is a property of 160 -acres that was formerly developed with the privately owned and maintained Empire Lakes Golf Course located in the Empire Lakes Specific Plan (the "Specific Plan"). The Specific Plan has an overall area of 347 -acres and is generally bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The subject property is generally located at the center of the Specific Plan. Both the Specific Plan and the project site are bisected into south and north halves by 6th Street (Exhibits A and B). The existing land uses on and General Plan land use and zoning designations for the project site and the surrounding properties are as follows: The golf course was closed in mid -2016 following the approval by the City Council of an amendment to the General Plan (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amendments to the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115) on June 1, 2016. These amendments enabled SC Rancho Development Corp. to develop a new mixed use and transit -oriented project ("Empire Lakes/The Resort") hereafter referred to as "the Project". To date, the City has approved two (2) applications to subdivide the project site (related files: Tentative Tract Maps SUBTT20073 and SUBTT20105). The City is currently reviewing recently submitted proposals for development of the Project including a 296 -unit residential project (related files: Tentative Tract Map SUBTT20147 and Design Review DRC2017-00925). ANALYSIS: Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: 1. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. 2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. Page 1170 Land Use General Plan Zoning Site Vacant (former private golf Mixed Use Planning Area 11 course) North I ndustrial Logistics and Heavy Industrial Minimum I mpact/Heavy Manufacturing Buildings Industrial (MI/HI) District South Commercial Center Mixed Use — Ontario Center Specific Plan Ontario Mills3 (2254-SP)3 East Apartments, Offices, and Mixed Use Planning Areas 6, 8, 9 and 101 Metrolink Station Parking Lot West Industrial/Office Buildings, Mixed Use Planning Areas 2, 4, 5, and 111 General industrial (GI) District and Utility2 Facilities General Industrial 1 -Empire Lakes Specific Plan; 2 -Southern California Edison (SCE) and Cucamonga Valley Water District (CVWD); 3 -City of Ontario The golf course was closed in mid -2016 following the approval by the City Council of an amendment to the General Plan (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amendments to the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115) on June 1, 2016. These amendments enabled SC Rancho Development Corp. to develop a new mixed use and transit -oriented project ("Empire Lakes/The Resort") hereafter referred to as "the Project". To date, the City has approved two (2) applications to subdivide the project site (related files: Tentative Tract Maps SUBTT20073 and SUBTT20105). The City is currently reviewing recently submitted proposals for development of the Project including a 296 -unit residential project (related files: Tentative Tract Map SUBTT20147 and Design Review DRC2017-00925). ANALYSIS: Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: 1. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. 2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. Page 1170 I Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement (Attachment A of the Ordinance) for the Project will ensure that the above three goals are fulfilled. The Agreement includes the following major terms: • An initial term of 8 years, which will be extended for an additional 3 years only if the developer pulls buildings permits for at least 1,000 units within the project; • Vested rights to develop in accordance with existing planning regulations, including the Empire Lakes Specific Plan, during the agreement's term; • A requirement to dedicate land and contribute funding for a proposed Joint Use Public Facility. This facility is identified as a required mitigation in the Environmental Impact Report (EIR) to address the increase in demand for public services caused by the project. It will have a floor area of up to 25,000 square feet and will be located as shown on page B-1 of Attachment A of the Ordinance. It will be used by the City's Library Services and Community Services Departments, and the Police Department. There also will be space within the facility for ancillary use by the Public Works Department. As details about the dedication of land for its construction, the cost and funding for designing, constructing, and furnishing the facility, and its construction schedule are not described in the Specific Plan, this has been addressed in the Agreement. In sum, the developer must dedicate a roughly 1.75 -acre parcel of land to the City and contribute funding to the facility in the form of an up -front development impact fee that will be offset by certain other developments in the area that are expected to benefit from the facility; • A requirement to improve and maintain an approximately 1.3 -acre private park for future residents; and • A requirement that the developer participate in the City's public art program. These topics are discussed in Sections 6, 9, 10, 11, 12, and 13, respectively, on pages 1 through 14 of Attachment A of the Ordinance. Many of the remaining terms are typically included in Development Agreements entered into by the City. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. FISCAL IMPACT: The proposed Development Agreement will facilitate the development of the Project and assist in achieving the fiscal benefits that were discussed in the Staff Report for the associated amendments to the General Plan, Specific Plan, and Development Code that were approved by the City Council in May/June 2016. The annual revenue generated from, for example, property tax, sales tax, fees, and assessments, and the costs for government services including, for example, police, animal care, community Page 1171 development, public works, and other general government functions were analyzed in a fiscal impact analysis prepared in March 2016. Per that Staff Report, the annual revenues/costs in the calculations in the analysis were based on the Project when it was fully constructed and completed. The benefits include the project's contribution to Park District 85 (PD85), Landscape Maintenance District 1 (LMD1), and Street Lighting District 1 (SLD1). These benefits would not occur without implementation of the project. This substantial, additional revenue from the proposed project would reduce the need for General Fund contributions to these assessment districts. Other economic benefits were expected to accrue as a result of the Project. The EIR certified for the Project identifies the underserved and unmet housing needs in the region. The availability of new housing opportunity allows businesses to grow by providing additional housing for new and existing workers. Providing these housing opportunities in close proximity to the City's business and industrial core will facilitate an environment where individuals who work in the community will also reside in it, and support existing businesses. Due to the transit- and pedestrian -oriented approach of the project, environmental costs are lowered and a healthier environment is created. Furthermore, higher value industrial businesses are increasingly relying on being near a supply of housing for potential employees when determining new locations for their operations. The Project represents an opportunity to provide the needed housing in rental and price ranges that are affordable to early career workers. Also, an option is created for older residents looking to "downsize" and select a location which requires less driving to reach services. COUNCIL GOAL(S) ADDRESSED: The proposed Development Agreement will ensure that the Project, when completed, will contribute to the realization of several City Council goals. The General Plan discusses several land use policies including 1) planning for vibrant, pedestrian -friendly mixed use and high density residential areas at strategic infill locations along transit routes; 2) implementing land use patterns and policies that incorporate smart growth practices, including placement of higher densities near transit centers and along transit corridors; and 3) supporting housing opportunities for workers of all income ranges. The City Council has two goals, Goals A24 and A25 that are relevant to the Project. The objective of Goal A24 is "to address 1) mixed use, high density, transit oriented development (TOD), and 2) underperforming or underutilized areas." The objective of Goal A25 is "review the City's zoning districts and evaluate/investigate creating overlay districts or specific plan areas" that will create districts in order to revitalize underperforming or underutilized areas. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 -Aerial Map Attachment 3 - Minutes 4.11.18 Planning Commission Attachment 4 - Minutes 6.27.18 Planning Commission Attachment 5 - Planning Commission Resolution Attachment 6 - Draft Ordinance No. 934 Page 1172 7 i yµ ms" W OY'V GMGM C �r i�i±G eRiTwti on ..alp. 'WNEYARD , , AL µ.r n HIfHLATfDA1+E ur / rwaln. tliy' }`tynQQ -� . "it`s IpGxfufD FVE 'LIYWIII�M/fIIQYP SF.OrnN 7 rIKJIAN ; GF �[.. ± FTaFJW Yh,} { 7i r p (jf. 1���Q•,t, � •#ry�r Y P A: A! n ' r �_Irtl9n .4w !t 17 t1A(Aall % i y •a !e t/- YY� `P R I P . ■ -. 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SI Iry ' ?� — — ilk — �{ ., — s.ti ., • J. op ��~�I� `� 1 F. .— '�. i � f�'i �. r � ��{ it. - _.,�1.�ia�.w'-__'• 1 I!}S}S �r� kii 1A 11-2 is � �`*4fi X11' . ..� f `�'��_ k-�.�- Isi � ��. - _ t. ,.��. ^ �.}` �� f G�(�•� '� r9*9 !04-7�01 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mr. Perez said there were underground tanks and the removal of them was verified. There was a regulatory closure in 1998 but the DTSC determined no further assessment is necessary. Commissioner Munoz said the project is straightforward, looks good and will improve the area - he offered his support. Commissioner Wimberly concurred and offered congratulations to the applicant for working through the concerns. Commissioner Guglielmo concurred and said it is a good design and functional site. Commissioner Macias agreed that it is a good project. Moved by Macias, seconded by Wimberly, carried 5-0 to adopt the Mitigated Negative Declaration of environmental impacts and the Resolutions of Approval for Design Review DRC2017-00084 and Tree Removal Permit DRC2017-00800. D4. DEVELOPMENT AGREEMENT DRC2015-00118 - CITY OF RANCHO CUCAMONGA - A review of a proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs: 0209-272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015-00115. An Environmental Impact Report (EIR) (SCH No. 20150410083) and Mitigation Monitoring Reporting Program (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified EIR or for subsequent projects within the scope of a prior EIR. The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Empire Lakes/The Resort and does not raise or create new environmental impacts that were not previously contemplated in the EIR. This item will be forwarded to the City Council for final action. Page 7 of 10 Page 1175 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mike Smith, Senior Planner, gave the staff report and PowerPoint presentation (copy on file). Nick Ghirelli, Assistant City Attorney noted an option of a second, 3 -year extension if 1600 units are built. Chairman Oaxaca opened the public hearing. Bill Kennedy, representing the Lewis Development/SC Rancho Development Corp and Empire Lakes Holding Company, LLC said it has been about 2 years since the initial approval of the specific plan. He said they are happy with the agreement and accept the terms and conditions and asked for the Commission recommendation. Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Macias said it is a great project and he understands the agreement. Commissioner Wimberly concurred and offered a second. Commissioner Guglielmo had no additional comment. Commissioner concurred and said he fully supports it. Chairman Oaxaca agreed. Moved by Macias, seconded by Wimberly, carried 5-0 to adopt the Resolution Recommending Approval by the City Council for Development Agreement DRC2015-00118. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz reported he and Commissioner Guglielmo attended a successful training in Monterey. He said he is pleased that the City of Rancho Cucamonga helps to train hundreds of commissioners across the state. Chairman Oaxaca noted it was time well spent and thanked the City and staff for their support of the Commission. Page 8 of 10 Page 1176 JUNE 27, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 00681, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUED FROM JUNE 13, 2018. D6. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2017-00879 — ARCHIBALD OIL — A request to reduce on-site parking by 12.5% for the proposed request to establish retail sales in an existing 1,728 square foot vacant service station building, re- establish an existing 1,481 square foot canopy with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015- 00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, and Variance DRC2016-00831. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUED FROM JUNE 13, 2018 Chairman Oaxaca noted the request in the staff report for a continuance to July 11, 2018. He noted the public hearing is still open from the meeting of June 13, 2018. He invited any interested public to make comment at this time. Tom Grahn, Associate Planner gave a brief report noting comments have still not been received and staff recommends the applications be continued to July 11, 2018. Hearing and seeing no comment, he asked for a motion regarding the continuance request. Moved by Munoz, seconded by Wimberly, carried 5-0 to continue the applications to the regular meeting of July 11, 2018. D7. DEVELOPMENT AGREEMENT DRC2015-00118 - CITY OF RANCHO CUCAMONGA - A review of a proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs: 0209-272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. An Environmental Impact Report (EIR) (SCH No. 20150410083) and Mitigation Monitoring Reporting Program Page 4 of 7 Page 1177 JUNE 27, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified EIR or for subsequent projects within the scope of a prior EIR. The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Empire Lakes/The Resort and does not raise or create new environmental impacts that were not previously contemplated in the EIR. This item will be forwarded to the City Council for final action. Mike Smith, Senior Planner, gave the staff report and Powerpoint presentation (copy on file). He noted the agreement was previously presented to the Commission on April 11, 2018 and has a minor text revision. The revision ensures a minimum of floor area for non-residential commercial uses are developed within a specific timeframe. Chairman Oaxaca opened the public hearing. Seeing and hearing no comment, he closed the public hearing. Moved by Wimberly, seconded by Guglielmo, carried 5-0 to adopt the Resolution Recommending approval of Development Agreement DRC2018-00118 to be forwarded to the City Council for final action. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz reported that the proposition to revoke S81 and the Transportation bill was approved and will be on the November ballot. He said if the measure is approved it would eliminate the dollars that our city has been receiving from the state. Cities across California would lose the dollars that have been earmarked to fix our roads — not a good thing for cities. Chairman Oaxaca noted the proposition to split California into 3 pieces will also be on the ballot. COMMISSION ANNOUNCEMENTS: None Page 5of7 Page 1178 RESOLUTION NO. 18-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT DRC2015-00118, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKESITHE RESORT) IN PLANNING AREA 1 (PAI), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20, 0210-082-91 THROUGH 93. A. Recitals. 1. The City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC filed an application for Development Agreement DRC2015-00118 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On April 11, 2018, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date by adopting Resolution No. 18-17. Following that decision, staff determined additional text was needed in the agreement. The item was therefore re -advertised for a new public hearing to be conducted on June 27, 2018. 3. On June 27, 2018, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The 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 this Commission during the above -referenced public hearing on June 27, 2018, including written and oral staff reports_ together with public testimony, this Commission hereby specifically finds as follows: a. The application was originally reviewed by the Planning Commission during a public hearing on April 11, 2018. The Planning Commission made a recommendation of approval to the City Council by adopting Resolution No. 18-17. b. As there was no reference to any requirement or provision for non- residential development, e.g. commercial retail or office use, in the construction schedule of the Empire LakesfThe Resort project (hereafter referred to as "the Project"), to remedy this, the addition of new text to the draft Agreement is proposed that will ensure there is a minimum Page 1179 PLANNING COMMISSION RESOLUTION NO. 18-31 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA June 27, 2018 Page 2 amount of floor area dedicated to non-residential uses at the time the Joint Use Public Facility (JUPF) is constructed for the Project. C. The application applies to a property that was previously improved with the Empire Lakes Golf Course, a privately owned and operated 18 -hole golf course with an area of 160 acres. d. Development of the subject property (the "project site") is governed by the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan, the City's Development Code, and the City's General Plan. e. The Specific Plan, as it was originally approved in 1994, consisted of eleven (11) "Planning Areas" which are identified with Roman numerals, i.e. Planning Area IA/IB through X. The project site was within "Planning Area IA", "Planning Area IB", and (partly) "Planning Area III" of the Specific Plan. Following an amendment to the Specific Plan: the project site is now in "Planning Area 1 (PA1)". f. The overall area of the Specific Plan is 347 acres. The Specific Plan is bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSFIMetrolink rail line to the north. The project site is generally located at the center, and covers about 46%, of the Specific Plan. Both the Specific Plan and the golf course are bisected into north and south halves by 6th Street. g. To the east of the project site are multi -family residences within four (4) apartment complexes. Adjacent to the northeast corner of the project site are office buildings and the Rancho Cucamonga Metrolink station, To the west of the part of the project site located south of 6th Street is an office complex comprised of multiple tenants including Southern California Edison (SCE) and Inland Empire Health Plan (IEHP). To the west of the part of the project site located north of 6th Street are log isticslmanufacturing buildings. To the north of the project site, beyond the BNSFIMetrolink rail line, are additional log isticslmanufacturing buildings. To the south, on the opposite side of 4th Street, is vacant land within the City of Ontario. h. The zoning designations surrounding the Empire Lakes Specific Plan are as follows: north - Minimum Impact/Heavy Industrial (MI/HI) District; south - Ontario Center Specific Plan (2254 -SP) (in the City of Ontario); east - General Industrial (GI) District and Industrial Park (IP) District, and Industrial Park (IP) District, (Industrial Commercial Overlay District (ICOD)); and west - General Industrial (GI) District and Industrial Park (IP) District. i. Associated with the subject application are applications that were approved by the City Council to amend the General Plan (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amend the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115) on June 1, 2016. The purpose of those applications is to enable SC Rancho Development Corp. and Empire Lakes Holding Company, LLC to construct a new mixed use, transit -oriented, high density development project (the "overall project") within the project site; j. Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: Page 1180 PLANNING COMMISSION RESOLUTION NO. 18-31 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA June 27, 2018 Page 3 Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement, as originally reviewed by the Planning Commission on April 11, 2018 was being made and entered into for the Project to ensure that the above three goals are fulfilled. The new text that will be added to the proposed Development Agreement (Attachment A) for the Project will further ensure that the above three goals are fulfilled. The new text will be inserted in Section 11, Topic "D" on page 7 of the draft Agreement. This topic originally read as follows: "D. Construction Schedule. City shall commence construction of the JUPF within eighteen (18) months of Property Owners' irrevocable offer of dedication of the Parcel and full payment of the Outstanding Full Amount. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project." This topic, with new text in italics, will read as follows: "D. Construction Schedule. City shall commence construction of the JUPF within eighteen (18) months of Property Owners' irrevocable offer of dedication of the Parcel and full payment of the Outstanding Full Amount, provided that City has issued certificates of occupancy for, and commercial uses occupy, at least 22,500 square feet of non-residential building construction located south of 6th Street. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project." 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. Is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement enables the construction of the overall project within the project site consistent with the amendments to the General Plan, Empire Lakes Specific Plan, and Development Code (General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Page 1181 PLANNING COMMISSION RESOLUTION NO. 18-31 DEVELOPMENT AGREEMENT DRC201 5-00118 — CITY OF RANCHO CUCAMONGA June 27, 2018 Page 4 Development Code Amendment DRC2015-00115, respectively) and approved by the City Council in 2016. b. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement will increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. Will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement does not substantially change the overall project, does not introduce new or more severe environmental impacts that were not already analyzed in the Environmental Impact Report (EIR) (SCH No. 20150410083) that was certified by the City on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015- 00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. d. Will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the proposed Development Agreement, that substantial changes to the project or the circumstances surrounding the overall project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. Staff further finds that the overall project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to Page 1182 PLANNING COMMISSION RESOLUTION NO. 18-31 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA June 27, 2018 Page 5 reduce the impacts of the project to a level of less than significant. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. d. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the proposed Development Agreement. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council approve Development Agreement DRC2015-00118 as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JUNE 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyce BurrV6tt, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga. do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of June 2018, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Page 1183 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA P.O. BOX 807 RANCHO CUCAMONGA, CA 91729 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEE PER GOVERNMENT CODE SECTION 6103 DEVELOPMENT AGREEMENT NO. REGARDING THE EMPIRE LAKES SPECIFIC PLAN, RANCHO CUCAMONGA, CALIFORNIA This Development Agreement ("Agreement" or "Development Agreement") is made and entered into as of the "Effective Date" set forth herein, by and among SC Rancho Development Corp., a California corporation and Empire Lakes Holding Company, LLC, a Delaware Iimited liability company (each, a "Property Owner" and, collectively, "Property Owners") and the City of Rancho Cucamonga, a California municipal corporation ("City"). RECITALS 1. On May 18, 2016, the City Council of the City of Rancho Cucamonga ("Council") adopted Resolution No. 16-056, approving General Plan Amendment DRC2015-001I4, which amended the 2010 General Plan of the City of Rancho Cucamonga to allow a proposed mixed use, high density residentiallcommercial development on a site developed with the now -closed Empire Lakes Golf Course located north of Fourth Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Resolution No. 16-056 and all attachments and exhibits thereto are hereby incorporated by this reference. 2. On June 1, 2016, following second reading, the Council adopted Ordinance No. 888, adopting Specific Plan Amendment DRC2015-00040, which amended the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan (the "Specific Plan"), to allow and set forth the design and technical standards/guidelines for a proposed mixed use, high density residential'commercial development on a site currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Ordinance No. 888 and all attachments and exhibits thereto are hereby incorporated by this reference. 3. On June 1, 2016, following second reading, the Council adopted Ordinance No. 889, adopting Development Code Amendment DRC20I 5-00115, which amended the provisions of the Development Code of the City Rancho Cucamonga to allow a proposed mixed use, high density residential.'commercial development on a site currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, ATTACHMENT A Page 1184 and east of Utica/Cleveland Avenues. Ordinance No. 889 and all attachments and exhibits thereto are hereby incorporated by this reference. 4. For purposes of this Agreement, the proposed mixed use, high density residential/ commercial development as approved and defined by Resolution 16-056 and Ordinances 888 and 889 is referred to herein as the "Project," and Resolution 16-056 and Ordinances 888 and 889 are referred to collectively as the "Project Approvals." 5. As set forth in the Project Approvals, the Project requires the construction of a Joint Use Public Facility ("JUPF") of up to 25,000 square feet in floor area, including public parking spaces and secured parking spaces for City vehicles, to provide the City with office and programming space to address the increase in demand for public facilities to support police, library, public works and community services that will be caused by the Project. 6. California Government Code Section 65864, et seq. (the "Development Agreement Statute") authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. 7. City and Property Owners mutually desire to enter into this Development Agreement pursuant to the Development Agreement Statute and Section 17.22.060 of the Municipal Code in order to implement the Project, including but not limited to ensuring that the Property Owners donate the land required for the JUPF to the City, ensuring that the City receives timely and sufficient funds to allow the City to design, build, and furnish the JUPF, and providing a mechanism for Property Owners to be reimbursed funds they advance to City for the JUPF from certain development impact fees the City collects. 8. On '2018, City adopted its Ordinance No. (the "Ordinance"), thereby approving this Development Agreement among the City and Property Owners, which is effective as of _ , 2018. All of the requirements of the California Environmental Quality Act have been met with respect to the Project, Project Approvals and this Agreement, and this Agreement is consistent with the City's General Plan and the Specific Plan. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: Section 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "Adjustment Date" shall have the meaning ascribed to it in Section l I .B. "City" means the City of Rancho Cucamonga. "Community and Recreation Center DIF" means the Community and Recreation Center Impact Fee authorized and imposed pursuant to Chapter 3.52 of the Municipal Code, as it may be amended or superseded. 4177929v2 9488.12 2 11231-000f 2130434v1O.doc Page 1185 "Property Owner" means each of SC Rancho Development Corp., a California corporation and Empire Lakes Holding Company, LLC, a Delaware limited liability company. "Effective Date" shall mean the date that the Ordinance becomes effective. "Full Amount" shall have the meaning ascribed to it in Section 11 _B_ "Index" shall have the meaning ascribed to it in Section I I .B. "Library DIF" means the Library Impact Fee authorized and imposed pursuant to Chapter 3.56 of the Municipal Code, as it may be amended or superseded. "Municipal Code" means the Rancho Cucamonga Municipal Code, as amended from time to time. "Offset DIF" shall have the meaning ascribed to it in Section 11.C. "Ordinance" means Ordinance No. , which approved this Agreement. "Outstanding Full Amount" shall have the meaning ascribed to it in Section I I.B. "Parcel" shall have the meaning ascribed to it in Section I I.A. "Park Improvement DIF" means the Park Impact Fee for park improvements imposed pursuant to Chapter 3.68 of the Municipal Code, as it may be amended or superseded. "Park Land DIF" means the Park In -Lieu Fee for park land acquisition imposed pursuant to Chapter 3.68 of the Municipal Code, as it may be amended or superseded. "Police DIF" means the Police Impact Fee imposed pursuant to Chapter 3.64 of the Municipal Code, as it may be amended or superseded. "Project" means the proposed mixed use, high density residential/commercial development as approved and defined by Resolution 16-056 and Ordinances 888 and 889. "Service Area" means that area within the City located within approximately one mile surrounding the Subject Property and more particularly identified on the map and parcel listing in Exhibit C. "Subject Property" means the real property that is the subject of the Project Approvals and as legally described in Exhibit A to this Agreement. "Term" shall have the meaning ascribed to it in Section 6 below. Section 2. Recitals. The recitals are part of this Agreement and shall be enforceable as any other provision of this Agreement. Section 3. Interest of Property Owner. Each Property Owner warrants and represents that, as of the Effective Date, it has or will have legal title to or an equitable interest in a portion of the Subject Property, as specified for each Property Owner in Exhibit A hereto; that it has full legal #177929 Q 908812 3 11231-0001-2130434v 10.doc Page 1186 right to enter into this Agreement; and that the persons executing this Agreement on behalf ofeach Property Owner have been duly authorized to do so. Section 4. Binding Effect of Agreement. Property Owners hereby subject the Project and the Subject Property to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Property Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon each Property Owner's successors and assigns in title or interest to the Subject Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Subject Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. The City and Property Owners hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Subject Property by Property Owners and the future occupants of the Subject Property, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Section 5. Relationship of Parties. It is understood that the contractual relationship between City and Property Owners is such that City and each Property Owner are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever. Section 6. Term of Agreement. The initial term of this Agreement (the "Term") shall commence on the Effective Date and shall expire eight (8) years thereafter. The initial Term shall be automatically extended for an additional three (3) years if, prior to expiration of the initial Tenn, building permits have been issued for at least 1,000 dwelling units within the Project. If the Term has been so extended, it shall be automatically extended again for an additional three (3) years if, prior to expiration of the extended eleven -year Term, building permits have been issued for at least 1,600 dwelling units within the Project. (Reference in this Agreement to the "Term" shall mean the initial Term and as such Tenn may be automatically extended in accordance with this Section 6.) Section 7. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the City's and Property Owners' intent here to cure that deficiency by acknowledging and providing that Property Owners shall have the right (without obligation), subject to the provisions of this Development Agreement, to complete the Project in such order and at such rate and at such times as Property Owners deem appropriate within the exercise of their subjective business judgment. Section 8. If a Property Owner should sell, mortgage, hypothecate, assign, or transfer (collectively "transfer" in this Section) the Subject Property or any portion thereof to any person or entity at any time during the Tenn of this Agreement, such transfer shall be deemed to include # 177929 v2 9088.12 4 11231-0001'-2130434v10 doc Page 1187 an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Subject Property so transferred. Following not less than thirty (30) days prior, written notice to the City, the written assumption by the assignee of all of the obligations of Property Owner under this Agreement pursuant to any such transfer shall relieve Property Owner, without any act or concurrence by the City, of its Iegal duty to perform under this Agreement except to the extent that Property Owner is in default (subject to applicable notice and cure periods) with respect to any such obligations that accrued prior to the proposed transfer. Section 9. General Rights, Standards and Restrictions Pertaining to Development of the Project. The following specific rights and restrictions shall apply to the use of the Subject Property pursuant to this Development Agreement: A. Property Owners shall have the right to develop the Project on the Subject Property in accordance with the terms and conditions of the Project Approvals and this Agreement, and City shall have the right to control development of the Subject Property in accordance with the provisions of the Project Approvals and this Agreement. B. The type, density, intensity, configuration of uses allowed, size, and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, including, but not limited to landscaping, irrigation, sidewalk, and drive approaches, together with other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and this Agreement. C. The term of all tentative subdivision maps approved with respect to the Subject Property shall be extended for not Iess than the Term of the Development Agreement, as permitted by Government Code Section 66452.6. D. Each tentative map prepared for portions of the Subject Property comprised of any residential subdivision shall comply with the provisions of Government Code Section 66473.7. Section 10. Effect of City Regulations on Development of Project. Except as expressly provided in this Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Rancho Cucamonga Municipal Code and Development Code, in effect as of the Effective Date of this Development Agreement, shall apply to the construction and development of the Project and Subject Property. A. The provisions of this Section shall not preclude the application to the development of the Project and the Subject Property of those changes in City ordinances, regulations, plans, or specifications that are (i) specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions, (ii) required to ensure public safety and are made applicable throughout the City, or (iii) are required to ensure access under the Americans with Disabilities Act. In the event such changes prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. # 177929 Q 9088.12 11231-0001 i 130434v 10.doc Page 1188 B. Except as provided below, the payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be in the amounts in effect at the time application is made for such approvals or permits and such amounts may increase over time. However, the Community and Recreation Center DIF, Park Improvement DIF and Park Land DIF, Library DIF, Police DIF, and the public art requirements applicable to the Project pursuant to Chapter 17.124 of the Municipal Code and Ordinance No. 912 shall not increase during the Term of this Development Agreement. C. Prior to the issuance of the first building permit for the Project, Property Owners shall submit an analysis to the City documenting the traffic impact nexus of the Project's for -sale single-family detached units and condominium units relative to the "Residential Multi -Family Attached" product for the purpose of calculating development impact fee rates. This analysis shall indicate definitive parameters that would be used in making the determination of whether these units should be considered "Residential Multi -Family Attached" during the permitting phase for each development. If the City Council finds, based on its review of the aforementioned analysis, that the traffic impacts caused by single-family detached units and/or condominium units are similar to those caused by multi -family units, then the City will use the rate for "Residential Multi - Family Attached" units in calculating the development impact fees for those for -sale single-family detached units and/or condominium units addressed in the analysis. As to development impact fees other than Transportation, City shall rely on the previously adopted City of Rancho Cucamonga Development Impact Fee Study Report (Colgan Report) dated April 22, 2014 to make its determination as to the application of development impact fees to proposed development. D. City may apply to the Project any and all new health and safety regulations (e.g., fire, building, and seismic, plumbing, and electric codes) that become applicable to the City as a whole after the Effective Date. Section 11. Joint Use Public Facility A. Land Dedication. Property Owners will make an irrevocable offer of dedication to the City of approximately 1.75 net acres of land for the JUPF generally located within Planning Area N- 13 at the intersection of 7t1i Street and a future street expected to be named the "Resort Parkway," as shown on Exhibit B to this Agreement (the "Parcel"). City shall provide no additional consideration for the Parcel beyond the promises and covenants made in this Agreement. The City shall be responsible for all operations and maintenance costs of the JUPF. The offer of dedication shall occur by separate instrument within ninety (90) days after (i) Property Owners have completed full public street improvements adjacent to the Parcel, including but not limited to all wet and dry utilities within the street stubbed to the Parcel boundary that are customary for development of the Parcel or (ii) Property Owners have obtained a building permit for the 2,000`h residential dwelling unit within the Project, whichever occurs first. Prior to the offer of dedication of the Parcel, Property Owners shall remove excess soils from the Parcel to match the grade of the adjoining public streets. City shall be solely responsible for any over -excavation and re -compaction of the soils on the Parcel. If Property Owners fail to irrevocably offer to dedicate the Parcel as of the date required by this paragraph, Property Owners shall not seek and City shall not approve any further building permits for residential units in the Project until the irrevocable offer of dedication has occurred and the offer has been accepted by #177929v2 9486.12 b 11231-000112130434v 10 due Page 1189 the City Council, provided that the City shall also have available all remedies under law in connection with the Property Owners' failure to dedicate the Parcel, including specific performance. The City Council shall accept the irrevocable offer of dedication within sixty (60) days after the date the Property Owners have completed the public street improvements described above in this Section I LA and submitted the irrevocable offer of dedication to the City. B. Full Amount. The parties agree that the estimated cost of designing, building, and furnishing the JUPF as of the Effective Date is $11,000,000 (the "Full Amount"). Commencing on the one year anniversary of the Effective Date and each 12 months thereafter (each, an "Adjustment Date"), the Full Amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County (the "Index") for the twelve-month period ending in the month preceding the Adjustment Date. The annual adjustment of the Full Amount shall cease when Property Owners have completed the required work on and abutting the Parcel described in Section I LA, made the irrevocable offer of dedication of the Parcel, and paid the Outstanding Full Amount. For purposes of this Agreement, the "Outstanding Full Amount" shall mean the Full Amount, as adjusted each Adjustment Date, less (i) the amount of "Offset DIFs" (defined below) received by the City prior to payment of the Outstanding Full Amount and (ii) interest earnings on the funds deposited in the special fund described in Section I LC below, if the City elects to retain such funds in an interest-earning account, less reasonable costs related to the administration of the account. The "Offset DIFs" means (i) the amount for Police DIFs, Library DIFs, Community and Recreation Center DIFs paid within the Project and (ii) the amount of Police DIFs, Library DIFs, and Community and Recreation Center DIFs collected within the Service Area following the Effective Date. City shall diligently pursue the collection of all Offset DIFs within the Service Area. Commencing on the one year anniversary of the Effective Date and each 12 months thereafter, City shall provide Property Owners with a written statement of the number of building permits issued within the Service Area and the type and extent of the development for which such building permits were issued. In no case will the Offset DIFs exceed the Full Amount. C. Funding. The then current Outstanding Full Amount shall be paid by Property Owners concurrent with, or prior to, the issuance of a building permit for the 2,000`' residential dwelling unit within the Project. City shall deposit all payments of Offset DIFs within the Project and the payment of the Outstanding Full Amount made by Property Owners in a special fund from which disbursements may be made by the City solely for the design, construction, and furnishing of the JUPF. D. Construction Schedule. City shall commence construction of the JUPF within eighteen (18) months of Property Owners' irrevocable offer of dedication of the Parcel and full payment of the Outstanding Full Amount, provided that City has issued certificates of occupancy for, and commercial uses occupy, at least 22,500 square feet of non-residential building construction located south of 6" Street. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project. E. DIF Deposit. Property Owners' payment of the Outstanding Full Amount shall constitute a deposit against payment of all Police DIFs, Library DIFs and Community and Recreation Center DIFs for the remaining residential units within the Project and the remaining non-residential building construction within the Project that would otherwise be subject to such 4177929 v2 9088.12 7 11231.000112130434v I O.doc Page 1190 DIFs not to exceed a total of 3,450 residential units and 220,000 square feet of non-residential construction within the Project. At the time such deposit is exhausted, Property Owners shall be responsible for paying all DIFs for the remaining residential units and non-residential building construction or part thereof within the Project. Such deposit against payment of the Police DIFs, Library DIFs and Community and Recreation Center DIFs shall apply irrespective of the expiration or earlier termination of this Agreement. Such deposit, however, shall not be transferable for use outside the Project and shall not be available for reuse within the Project for a residential unit or non-residential construction on a parcel for which the deposit had been used previously. Section 12. Public Art. Property Owners agree to participate in the City's Public Art Program and comply with all requirements of Chapter 17.124 of the Municipal Code and Ordinance No. 912. Section 13. Recreation Facilities. A. Camp Improvements. Property Owners shall improve an approximately 1.30 -acre private park within Planning Area N-15 (the "Camp") with the development of Phase 2 of the Project (north of 6'h Street) and not later than the issuance of a building permit for the 2,000"' dwelling unit within the Project. B. Formation of Property Owners Association. Prior to issuance of the first building permit for the Project, Property Owners shall record a declaration of covenants, conditions and restrictions ("CC&Rs") for the Subject Property that forms a master property owners association (the "Association") and obligates the Association to maintain, among other things, the following improvements: (i) parkways (i.e., curb to right-of-way line); (ii) the non -vehicular portions of the roundabout (i.e. the center) areas along the public streets and roads; and (iii) the Camp in accordance with the requirements described in the following sub -section. The CC&Rs shall be in form and substance reasonably satisfactory to the City Attorney and, with respect to the above -referenced improvements, shall not be subject to amendment without the City's reasonable consent. C. Camp Maintenance. Lentil the Association becomes operational, Property Owners shall own the Camp and maintain the Camp in good condition and repair. Once the Association becomes operational, the Camp shall be deemed part of the Project's common area and shall be maintained by the Association. The costs of maintenance of the Camp shall be the responsibility of the Property Owners and the Association and the City shall bear no costs for such maintenance. Section 14. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Property Owner with the terms of this Agreement. Property Owner shall file an annual report with the City indicating information regarding compliance with the terms of this Agreement no later than January 7 for the previous calendar year, commencing January 7, 2019. Section 15. Indemnification and Legal Challenge. To the maximum extent permitted by law, each Property Owner must defend, indemnify, and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees ("Indemnitees") harmless from liability for damage and., -'or claims for damage for personal injuries, including death, and claims #177929 v2 9488 12 11231-0001,2130434 v 10 doc Page 1191 for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Property Owner's activities in connection with the development and/or construction of the Project, and which may arise from the direct or indirect operations of the Property Owner or those of the Property Owner's contractors, agents, tenants, employees or any other persons acting on Property Owner's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. Each Property Owner shall also defend, indemnify and hold the Indemnitees harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or related to the Property Owner's failure, or any of its contractor's failure, to pay prevailing wages pursuant to Labor Code Section 1720 et seq. in connection with construction of the Project and associated public and private improvements. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the Project including, without limitation, the City's General Plan, Zoning Ordinance, or any other supporting document relating to the Project, the applicable Property Owner must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge or take any position adverse to the Property Owner in connection with such third -party challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Property Owner may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. This Section shall survive the expiration or earlier termination of this Agreement. Section 16. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code § 65868, et seq., or successor provisions thereto. Section 17. Enforcement. In the event of a default under the provisions of this Agreement by a Property Owner, City shall give written notice to the Property Owner (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on the Property Owner, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Property Owner), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of the Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for #177029v2 9088.12 1 1231-000113 13043400.doc Page 1192 injunctive relief against any violation by the Property Owner of any provision of this Agreement, or apply for such other relief as may be appropriate. Section 18. Event of Default. A Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: A. If a material warranty, representation or statement made or furnished by the Property Owner to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; B. If finding and determination is made by City following an annual review pursuant to this Agreement, upon the basis of substantial evidence, that the Property Owner has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as provided by this Agreement; or C. A breach by the Property Owner of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in this Agreement. Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance by a Property Owner if on periodic review City does not enforce this Agreement. Nonperformance by a Property Owner shall not be excused because performance by the Property Owner of the obligations herein contained would be unprofitable, difficult, or expensive, or because of a failure of any third party or entity, other than City. Subject to the provisions of Section 19, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or a Property Owner of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney's fees in accordance with this Agreement, the City shall not be liable in damages to the Property Owners, or to any assignee, transferee, or any other person, and the Property Owners covenant on behalf of itself and its successors in interest not to sue for or claim any damages: A. For any breach of this Agreement; B. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; C. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or D. For any injury to or interference with the rights of the property owner, allegedly or actually arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any rights under this Agreement. # 177929 v2 9088.12 10 11231-0001 2130434v 1 O.doc Page 1193 The parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Property Owner's right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Property Owners' principal remedy shall lie in reformation of this Agreement Section 21. Rights of Lenders Under this Agreement. Should a Property Owner place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: A. Do any act or thing required of the Property Owner under this Agreement, or cure any default of the Property Owner under this Agreement within the time limits set forth in this Agreement, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Property Owner; B. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "a trust deed"); C. Transfer, convey or assign the title of the Property Owner to the Subject Property to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and D. Acquire and succeed to the interest of the Property Owner by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to consider such an amendment in good faith and in accordance with state and local law so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by the Property Owner hereunder. Section 22. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Property Owner to Lender (if known by City) simultaneously with such notice of default City gives to Property Owner and afford Lender the opportunity after receipt of service of the notice to: A. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; B. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or #177929v2 9088.12 11 1123 l -000 112 1 3 04 34 v 10.doc Page 1194 C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Section 23. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by a Property Owner by commencing proceedings to foreclose its encumbrance or lien on the Subject Property. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by the Property Owner unless: A. They are commenced within thirty (30) days after service on Property Owner (and on Lender if Lender's address is provided by notice to the City pursuant this Agreement) of the notice described hereinabove; B. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by the Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. Section 24. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To SC Rancho Development Corp.: To Empire Lakes Holding Company: 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California Attention: City Manager Section 25. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party #177929v2 9088.12 1 11231-000 1\2 1304 34v I O,doc Page 1195 shall be entitled to recover its costs and reasonable attorneys' fees and experts' fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court. Section 26. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. Section 27. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California. Section 28. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 24. Recordation. The City Clerk shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property Owners, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect. Section 30. Force Majeure. In the event that any party hereto shall be delayed or hindered or prevented from performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section 30. Section 31. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect. Section 32. Time of Essence. Time is of the essence in every provision hereof in which time is a factor. Section 33. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Property Owners. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Project Approvals are appropriate with respect to the implementation of this Agreement and the Project Approvals. If, when, and as it becomes necessary or appropriate to take implementing actions or make such changes, adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or clarifications through an operating memorandum ("Operating Memorandum") approved by the parties in writing which references this Section 33. Such Operating Memorandum shall not require public notices and hearings or an amendment to this Agreement unless it is required by Section 16 0177929 v2 9088 12 13 11231-0001\2130434v 10 doc Page 1196 above. The City Manager shall be authorized, after consultation with and approval of Property Owners, to determine whether a requested adjustment, clarification or implementing action (i) may be effectuated pursuant to this Section 33 and is consistent with the intent and purpose of this Agreement and the Project Approvals or (ii) is of the type that would constitute an amendment to this Agreement and thus would require compliance with the provisions of Section 16 above. The authority to enter into such Operating Memorandum is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Operating Memorandum hereunder without further City Council action. [Signature Page Follows] # 177929 v2 9088.12 14 1123 1-0001 L 130434v 1 O.doc Page 1197 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dated: ATTEST: Dennis L. Michael Mayor Janice C. Reynolds City Clerk Approved as to form: James L. Markman City Attorney # 177939 v3 9088.12 1123 1-0001\2 130434v 10 doc 15 SC RANCHO DEVELOPMENT CORP., a California corporation By: Name: Its: Authorized Agent EMPIRE LAKES HOLDING COMPANY, LLC, a Delaware limited liability company By: North Mountain Corporation, a California corporation, its Manager By: Name: Its: Authorized Agent Dated: Page 1198 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) #177929v2 9088.12 16 11231-000I\'2 1304340 0.doc Page 1199 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature #177929v2 9(}86.12 11231-000112130434v I O.doe (Seal) Page 1200 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, , (insert name and title of the officer) 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(ies), and that by his/herr`their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 41779290 9088.12 A- l 11231-0001--)130434y I O,doc Page 1201 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY A. PROPERTY OF SC RANCHO DEVELOPMENT CORP. PARCEL B OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 20I7-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL 12, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 12, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89=3148" EAST 609.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 8911'48" EAST 607.85 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 0c'05'22" EAST 384.51 FEET AND ALONG THE EASTERLY LINE OF SAID PARCEL 1 THE FOLLOWING EIGHT (8) COURSES: SOUTH 5020'33" WEST 599.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29036'46", AN ARC LENGTH OF 129.21 FEET; SOUTH 34057'19" WEST 893.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39030'42", AN ARC LENGTH OF 124.13 FEET; SOUTH 74028'00" WEST 207.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°44'26", AN ARC LENGTH OF 142.86 FEET; SOUTH 41043'34" WEST 449.75 FEET; SOUTH 0037'2I" WEST 154.21 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY, NORTH 89°22'39" WEST 40.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET; # 177929 Q 9088 12 A-2 11231-00011213043400.doc Page 1202 THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4-01-11", AN ARC LENGTH OF 23.78 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 0"3721" EAST 360.30 FEET; THENCE SOUTH 89°53'31" WEST 372.27 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. I995-0060621 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0006'32" WEST 738.67 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89°45'13" EAST 342.95 FEET; THENCE SOUTH 490 10'44" EAST 275.70 FEET; THENCE NORTH 40049'16" EAST 694.51 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°21'04", AN ARC LENGTH OF 422.55 FEET; THENCE NORTH 0028'12" EAST 695.14 FEET TO THE TRUE POINT OF BEGINNING. 4177929 v3 9088.12 A-3 1123 1-00012130434v ] O.doc Page 1203 B. PROPERTY OF EMPIRE LAKES HOLDING COMPANY PARCEL A: PARCEL 13 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 177, PAGES 90 THROUGH 96, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25, 1995 AS INSTRUMENT NO, 95-369354 OF OFFICIAL RECORDS. PARCEL B: PARCEL A OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL 12, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, AND ALL OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 400, RECORDED SEPTEMBER 18, 1997, AS INSTRUMENT NO. 97-0344260, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL "B", SAID POINT ALSO BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 89'53'28" WEST: THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90=3444", AN ARC LENGTH OF 37.94 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "B", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 8903148" EAST 303.28 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 406.25 FEET,- THENCE EET;THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°21'35", AN ARC LENGTH OF 45.09 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 406.25 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 6=4947" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°21'35", AN ARC LENGTH OF 45.09 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89"31'48" EAST 132.55 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL "B"; THENCE NORTH 0006'32" WEST 5.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 12; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89"31'48" EAST 60996 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 00°28'12" WEST 695.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40`21'04", AN ARC LENGTH OF 422.55 FEET; THENCE SOUTH 40049'16" WEST 694.51 FEET; 9 177929 v2 9088.12 A-4 1 1231-00011? 130434vI0.doc Page 1204 THENCE NORTH 49010'44" WEST 275.70 FEET; THENCE SOUTH 89045'13" WEST 342.95 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE NORTH 0006'32" WEST, ALONG SAID EASTERLY LINE, 1414.52 FEET, TO THE POINT OF BEGINNING. PARCEL C: PARCEL C OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, SAID POINT BEING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 1, NORTH 0'06'32" WEST 328.42 FEET; THENCE, LEAVING SAID WEST LINE, NORTH 89°53'31" EAST 372.27 FEET; THENCE SOUTH 0037'21" WEST 360.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 4038'32" WEST, SAID BEGINNING ALSO BEING A POINT ON THE NORTHERLY RIGHT- OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3w36'31", AN ARC LENGTH OF 21.35 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 8° 15'02" EAST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7'37'41", AN ARC LENGTH OF 45.13 FEET; THENCE NORTH 89022'39" WEST 281.79 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 41°41'31" WEST 29.75 FEET TO THE POINT OF BEGINNING; SAID LAND IS ALSO SHOWN AS PARCEL C, PURSUANT TO LOT LINE ADJUSTMENT NO. LLA2017- 00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 4177929v2 9088.12 A-5 11231-0001' 2130434v 10 doe Page 1205 EXHIBIT B LOCATION OF DEDICATED LAND 1�'i�'1 �_L FEM - -' M7 ♦n mn Ir I ..4, r�- .I fir_ � -a ♦ , � � LsJ� ut . c K,. I 5 L� r ]:! 'y i�'F IMS' MMMiM1hrM1lY� :4i -.1 LA r . SL FIT, Byrn ....... '-r.rrW rNw1r Lit FF LEWIS corm CONCEPTUAL SITE PLAN (11.22.17) IM me Resort R-1. Cu4, nmu.. CA -- -- Lewis Group of CompooWs -r 4177929 v2 9088.12 B-1 11231-00011213043400.doc Page 1206 EXHIBIT C SERVICE AREA PARCEL LISTING AND MAP Zone 1— Subject 0208-052-32 0208-053-26 Pro er 0208-052-33 0208-053-27 0209-272-20 0208-052-34 0208-053-28 0210-082-91 0208-052-35 0208-053-29 0210-082-92 0208-052-36 0208-053-30 0210-082-93 0208-052-37 0208-053-31 0208-052-38 0208-053-32 Zone 2 — Service Area 0208-052-39 0208-053-33 208-052-01 0208-052-40 0208-062-01 0208-052-02 0208-052-41 0208-062-02 0208-052-03 0208-052-42 0208-062-03 0208-052-04 0208-052-43 0208-062-04 0208-052-05 0208-052-73 0208-062-05 0208-052-06 0208-053-01 0208-062-06 0208-052-07 0208-053-02 0208-062-07 0208-052-08 0208-053-03 0208-062-08 0208-052-09 0208-053-04 0208-062-09 0208-052-10 0208-053-05 0208-062-10 0208-052-11 0208-053-06 0208-062-11 0208-052-12 0208-053-07 0208-062-12 0208-052-13 0208-053-08 0208-062-13 0208-052-14 0208-053-09 0208-062-14 0208-052-15 0208-053-10 0208-062-15 0208-052-16 0208-053-11 0208-062-16 0208-052-17 0208-053-12 0208-212-01 0208-052-I8 0208-053-13 0208-212-02 0208-052-19 p208-053-14 0208-212-03 0208-052-20 0208-053-15 0208-212-04 0208-052-21 0208-053-16 0208-212-05 0208-052-22 0208-053-17 0208-212-06 0208-052-23 0208-053-18 0208-212-07 0208-052-24 0208-053-19 0208-212-08 0208-052-25 0208-053-20 0208-212-09 0208-052-26 0208-053-21 0208-212-10 0208-052-27 0208-053-22 0208-212-11 0208-052-28 0208-053-23 0208-212-12 0208-052-29 0208-053-24 0208-212-13 0208-052-30 0208-053-25 0208-212-14 0208-052-31 a P7929 v2 9088.12 1[231-00012130434v[O.dn: C-1 Page 1207 0208-212-15 0208-212-58 0208-213-33 0208-212-16 0208-212-59 0208-213-34 0208-212-17 0208-212-60 0208-213-35 0208-212-18 0208-212-61 0208-213-36 0208-212-19 0208-212-62 0208-213-37 0208-212-20 0208-212-63 0208-213-38 0208-212-21 0208-212-64 0208-213-39 0208-212-22 0208-212-65 0208-213-40 0208-212-23 0208-212-66 0208-213-41 0208-212-24 0208-212-67 0208-213-42 0208-212-25 0208-212-68 0208-213-43 0208-212-26 0208-213-01 0208-213-44 0208-212-27 0208-213-02 0208-213-45 0208-212-28 0208-213-03 0208-213-46 0208-212-29 0208-213-04 0208-213-47 0208-212-30 0208-213-05 0208-213-48 0208-212-31 0208-213-06 0208-213-49 0208-212-32 0208-213-07 0208-213-50 0208-212-33 0208-213-08 0208-213-51 0208-212-34 0208-213-09 0208-213-52 0208-212-35 0208-213-10 0208-213-53 0208-212-36 0208-213-11 0208-213-54 0208-212-37 0208-213-12 0208-213-55 0208-212-38 0208-213-13 0208-213-56 0208-212-39 0208-213-14 0208-213-57 0208-212-40 0208-213-15 0208-213-58 0208.212-41 0208-213-16 0208-213-59 0208-212-42 0208-213-17 0208-213-60 0208-212-43 0208-213-18 0208-213-61 0208-212-44 0208-213-19 0208-213-62 0208-212-45 0208-213-20 0208-213-63 0208-212-46 0208-213-21 0208-213-64 0208-212-47 0208-213-22 0208-213-65 0208-212-48 0208-213-23 0208-213-66 0208-212-49 0208-213-24 0208-213-67 0208-212-50 0208-213-25 0208-213-68 0208-212-51 0208-213-26 0208-213-69 0208-212-52 0208-213-27 0208-213-70 0208-212-53 0208-213-28 0208-213-71 0208-212-54 0208-213-29 0208-213-72 0208-212-55 0208-213-30 0208-213-73 0208-212-56 0208-2I3-31 0208-213-74 0208-212-57 0208-213-32 0208-213-75 0177929 v2 9088.12 11231-0001 L 130434v I O.doc C-2 Page 1208 0208-213-76 0208-214-37 0208-214-80 0208-213-77 0208-214-38 0208-214-81 0208-213-78 0208-214-39 0208-214-82 0208-213-79 0208-214-40 0208-215-01 0208-213-80 0208-214-41 0208-215-02 0208-213-81 0208-214-42 0208-215-03 0208-213-82 0208-214-43 0208-215-04 0208-214-01 0208-214-44 0208-215-05 0208-214-02 0208-214-45 0208-215-06 0208-214-03 0208-214-46 0208-215-07 0208-214-04 0208-214-47 0208-215-08 0208-214-05 0208-214-48 0208-215-09 0208-214-06 0208-214-49 0208-215-10 0208-214-07 0208-214-50 0208-215-11 0208-214-08 0208-214-51 0208-215-12 0208-214-09 0208-214-52 0208-215-13 0208-214-10 0208-214-53 0208-215-14 0208-214-11 0208-214-54 0208-215-15 0208-214-12 0208-214-55 0208-215-16 0208-214-13 0208-214-56 0208-215-17 0208-214-14 0208-214-57 0208-215-18 0208-214-15 0208-214-58 0208-215-19 0208-214-16 0208-214-59 0208-215-20 0208-214-17 0208-214-60 0208-215-21 0208-214-18 0208-214-61 0208-215-22 0208-214-19 0208-214-62 0208-215-23 0208-214-20 0208-214-63 0208-215-24 0208-214-21 0208-214-64 0208-215-25 0208-214-22 0208-214-65 0208-215-26 0208-214-23 0208-214-66 0208-215-27 0208-214-24 0208-214-67 0208-215-28 0208-214-25 0208-214-68 0208-215-29 0208-214-26 0208-214-69 0208-215-30 0208-214-27 0208-214-70 0208-215-31 0208-214-28 0208-214-71 0208-215-32 0208-214-29 0208-214-72 0208-215-33 0208-214-30 0208-214-73 0208-215-34 0208-214-31 0208-214-74 0208-215-35 0208-214-32 0208-214-75 0208-215-36 0208-214-33 0208-214-76 0208-215-37 0208-214-34 0208-214-77 0208-215-38 0208-214-35 0208-214-78 0208-215-39 0208-214-36 0208-214-79 0208-215-40 4177929 v2 9088.12 11231-0001 \2 130434v10.doc C-3 Page 1209 0208-215-41 0208-216-04 0208-216-47 0208-215-42 0208-216-05 0208-216-48 0208-215-43 0208-216-06 0208-216-49 0208-215-44 0208-216-07 0208-216-50 0208-215-45 0208-216-08 0208-216-51 0208-215-46 0208-216-09 0208-216-52 0208-215-47 0208-216-10 0208-216-53 0208-215-48 0208-216-11 0208-216-54 0208-215-49 0208-216-12 0208-216-55 0208-215-50 0208-216-13 0208-216-56 0208-215-51 0208-216-14 0208-216-57 0208-215-52 0208-216-15 0208-216-58 0208-215-53 0208-216-16 0208-216-59 0208-215-54 0208-216-17 0208-216-60 0208-215-55 0208-216-18 0208-216-61 0208-215-56 0208-216-19 0208-216-62 0208-215-57 0208-216-20 0208-216-63 0208-215-58 0208-216-21 0208-216-64 0208-215-59 0208-216-22 0208-216-65 0208-215-60 0208-216-23 0208-216-66 0208-215-61 0208-216-24 0208-216-67 0208-215-62 0208-216-25 0208-216-68 0208-215-63 0208-216-26 0208-216-69 0208-215-64 0208-216-27 0208-216-70 0208-215-65 0208-216-28 0208-216-71 0208-215-66 0208-216-29 0208-216-72 0208-215-67 0208-2I6-30 0208-216-73 0208-215-68 0208-2I6-31 0208-216-74 0208-215-69 0208-216-32 0208-216-75 0208-215-70 0208-216-33 0208-216-76 0208-215-71 0208-216-34 0208-216-77 0208-215-72 0208-216-35 0208-216-78 0208-215-73 0208-216-36 0208-216-79 0208-215-74 0208-216-37 0208-216-80 0208-215-75 0208-216-38 0208-216-81 0208-215-76 0208-216-39 0208-216-82 0208-215-77 0208-216-40 0208-217-01 0208-215-78 0208-216-41 0208-217-02 0208-215-79 0208-216-42 0208-217-03 0208-215-80 0208-216-43 0208-217-04 0208-216-01 0208-216-44 0208-217-05 0208-216-02 0208-216-45 0208-217-06 0208-216-03 0208-216-46 0208-217-07 4177929v2 4088.12 11231-000112130434v I O.doc C-4 Page 1210 0208-217-08 0208-232-14 0208-354-02 0208-217-09 0208-321-31 0208-354-03 0208-217-10 0208-321-32 0208-354-04 0208-217-11 0208-321-33 0208-354-05 0208-217-12 0208-321-40 0208-354-06 0208-217-13 0208-331-08 0208-354-07 0208-217-14 0208-331-17 0208-354-08 0208-217-15 0208-331-22 0208-355-01 0208-217-16 0208-331-23 0208-355-02 0208-217-17 0208-331-40 0208-355-03 0208-217-18 0208-331-43 0208-355-04 0208-217-19 0208-331-44 0208-355-05 0208-217-20 0208-331-45 0208-355-08 0208-217-21 0208-331-47 0208-355-09 0208-217-22 0208-331-48 0208-355-16 0208-217-23 0208-341-12 0208-355-17 0208-222-02 0208-341-15 0208-355-18 0208-222-03 0208-341-16 0208-355-19 0208-222-04 0208-341-17 0208-355-20 0208-222-05 0208-341-18 0208-355-21 0208-222-06 0208-353-01 0208-355-23 0208-222-07 0208-353-02 0208-355-24 0208-222-08 0208-353-03 0208-355-28 0208-222-09 0208-353-04 0208-355-29 0208-222-10 0208-353-05 0208-355-30 0208-222-11 0208-353-06 0208-355-31 0208-222-12 0208-353-07 0208-355-32 0208-222-13 0208-353-08 0208-355-33 0208-222-14 0208-353-09 0208-355-34 0208-222-15 0208-353-10 0208-355-35 0208-232-01 0208-353-11 0208-355-36 0208-232-02 0208-353-12 0208-355-37 0208-232-03 0208-353-13 0208-355-38 0208-232-04 0208-353-15 0208.355-39 0208-232-05 0208-353-17 0208-355-40 0208-232-06 0208-353-18 0208-355-41 0208-232-07 0208-353-19 0208-355-42 0208-232.08 0208-353-20 0208-355-43 0208-232-09 0208-353-21 0208-355-44 0208-232-10 0208-353-23 0208-355-45 0208-232-11 0208-353-26 0208-355-47 0208-232-12 0208-353-27 0208-355-48 0208-232-13 0208-354-01 0208-355-49 N177929 v2 9088.12 11231-000112I30434vIO.doc C-5 Page 1211 0208-622-02 0208-943-16 0208-943-59 0208-622-05 0208-943-17 0208-943-60 0208-622-06 0208-943-18 0208-943-61 0208-622-07 0208-943-19 0208-943-62 0208-622-08 0208-943-20 0208-943-63 0208-622-09 0208-943-21 0208-943-64 0208-622-10 0208-943-22 0208-943-65 0208-622-11 0208-943-23 0208-943-66 0208-622-12 0208-943-24 0208-944-01 0208-622-13 0208-943-25 0208-944-02 0208-622-14 0208-943-26 0208-944-03 0208-622-15 0208-943-27 0208-944-04 0208-622-16 0208-943-28 0208-944-05 0208-622-17 0208-943-29 0208-944-06 0208-622-18 0208-943-30 0208-944-07 0208-622-19 0208-943-31 0208-944-08 0208-622-20 0208-943-32 0208-944-09 0208-622-21 0208-943-33 0208-944-10 0208-622-22 0208-943-34 0208-944-11 0208-622-23 0208-943-35 0208-944-12 0208-622-27 0208-943-36 0208-944-13 0208-622-28 0208-943-37 0208-944-14 0208-622-33 0208-943-38 0208-944-15 0208-622-34 0208-943-39 0208-944-16 0208-622-35 0208-943-40 0208-944-17 0208-622-36 0208-943-41 0208-944-18 0208-622-37 0208-943-42 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1077-891-75 1077-423-22 1077-891-33 1077-891-76 A 177929 Q 9088.12 11231-000112 130434v 10.doc C-23 Page 1229 1077-891-77 1077-901-38 1077-902-27 1077-891-78 1077-901-39 1077-902-28 1077-891-79 1077-901-40 1077-902-29 1077-891-80 1077-901-41 1077-902-30 1077-891-81 1077-901-42 1077-902-31 1077-891-82 1077-901-43 1077-902-32 1077-901-01 1077-901-44 1077-902-33 1077-901-02 1077-901-45 1077-902-34 1077-901-03 1077-901-46 1077-902-35 1077-901-04 1077-901-47 1077-902-36 1077-901-05 1077-901-48 1077-902-37 1077-901-06 1077-901-49 1077-902-38 1077-901-07 1077-901-50 1077-902-39 1077-901-08 1077-901-51 1077-902-40 1077-901-09 1077-901-52 1077-902-41 1077-901-10 1077-901-53 1077-902-42 1077-901-11 1077-901-54 1077-902-43 1077-901-12 1077-902-01 1077-902-44 1077-901-13 1077-902-02 1077-902-45 1077-901-14 1077-902-03 1077-902-46 1077-901-15 1077-902-04 1077-902-47 1077-901-16 1077-902-05 1077-902-48 1077-901-17 1077-902-06 1077-902-49 1077-901-18 1077-902-07 1077-902-50 1077-901-19 1077-902-08 1077-902-51 1077-901-20 1077-902-09 1077-902-52 1077-901-21 1077-902-10 1077-902-53 1077-901-22 1077-902-11 1077-902-54 1077-901-23 1077-902-12 1077-902-55 1077-901-24 1077-902-13 1077-902-56 1077-901-25 1077-902-14 1077-902-57 1077-901-26 1077-902-15 1077-902-58 1077-901-27 1077-902-16 1077-902-59 1077-901-28 1077-902-17 1077-902-60 1077-901-29 1077-902-18 1077-901-30 1077-902-19 1077-901-31 1077-902-20 1077-901-32 1077-902-21 1077-901-33 1077-902-22 1077-901-34 1077-902-23 1077-901-35 1077-902-24 1077-901-36 1077-902-25 1077-901-37 1077-902-26 #177424 v2 4085.12 11231-OQ0112130434v I O.doc C-24 Page 1230 �_ I ORDINANCE NO. --- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2015-00118, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20, 0210-082-91, THROUGH 93. A. Recitals. 1. The City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC filed an application for Development Agreement DRC2015-00118 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the Application." 2. On April 11, 2018, the Planning Commission 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 by adoption of their Resolution No. 18-17. 3. Following that decision, staff determined additional text was needed in the agreement. The item was therefore re -advertised for a new public hearing to be conducted on June 27, 2018. On that date, the Planning Commission conducted a duly noticed public hearing on the Application and concluded said hearing on that date by recommending approval to the City Council by adopting Resolution No. 18-31. 4. On July 18, 2018, the City Council conducted a duly noticed public hearing on the application and concluded the hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution 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: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. SECTION 2: Based upon the substantial evidence presented to this Council during the above -referenced public hearing on July 18, 2018, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The Application applies to a property that was previously improved with the Empire Lakes Golf Course, a privately owned and operated 18 -hole golf course with an area of 160 acres. Ordinance No. --- - Page 1 of 4 Page 1232 CITY COUNCIL ORDINANCE NO. --- DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA JULY 18, 2018 b. Development of the subject property (the "project site") is governed by the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan, the City's Development Code, and the City's General Plan. C. The Specific Plan, as it was originally approved in 1994, consisted of eleven (11) "Planning Areas" which are identified with Roman numerals, i.e. Planning Area IA/IB through X. The project site was within "Planning Area IA", "Planning Area IB", and (partly) "Planning Area III" of the Specific Plan. Following an amendment to the Specific Plan, the project site is now in "Planning Area 1 (PA1)". d. The overall area of the Specific Plan is 347 acres. The Specific Plan is bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The project site is generally located at the center, and covers about 46%, of the Specific Plan. Both the Specific Plan and the golf course are bisected into north and south halves by 6th Street. e. To the east of the project site are multi -family residences within four (4) apartment complexes. Adjacent to the northeast corner of the project site are office buildings and the Rancho Cucamonga Metrolink station. To the west of the part of the project site located south of 6th Street is an office complex comprised of multiple tenants including Southern California Edison (SCE) and Inland Empire Health Plan (IEHP). To the west of the part of the project site located north of 6th Street are logistics/manufacturing buildings. To the north of the project site, beyond the BNSF/Metrolink rail line, are additional logistics/manufacturing buildings. To the south, on the opposite side of 4th Street, is vacant land within the City of Ontario. f. The zoning designations surrounding the Empire Lakes Specific Plan are as follows: north - Minimum Impact/Heavy Industrial (MI/HI) District; south - Ontario Center Specific Plan (2254 -SP) (in the City of Ontario); east - General Industrial (GI) District and Industrial Park (IP) District, and Industrial Park (IP) District, (Industrial Commercial Overlay District (ICOD)); and west - General Industrial (GI) District and Industrial Park (IP) District. g. Associated with the subject application are applications that were approved by the City Council to amend the General Plan (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amend the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115) on June 1, 2016. The purpose of those applications is to enable SC Rancho Development Corp. and Empire Lakes Holding Company, LLC to construct a new mixed use, transit -oriented, high density development project (the "overall project") within the project site; h. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115; i. Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: Ordinance No. --- - Page 2 of 4 Page 1233 CITY COUNCIL ORDINANCE NO. --- DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA JULY 18, 2018 Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." j. The proposed Development Agreement is being made and entered into for the Project to ensure that the above three goals are fulfilled. The findings set forth in this Resolution reflect the independent judgment of the City Council. SECTION 3: Based upon the substantial evidence presented to the City Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement enables the construction of the overall project within the project site consistent with the amendments to the General Plan, Empire Lakes Specific Plan, and Development Code (General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115, respectively) and approved by the City Council in 2016. b. The Application is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement will increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. The Application will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement does not substantially change the overall project, does not introduce new or more severe environmental impacts that were not already analyzed in the Environmental Impact Report (EIR) (SCH No. 20150410083) that was certified by the City on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Ordinance No. --- - Page 3 of 4 Page 1234 CITY COUNCIL ORDINANCE NO. --- DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA JULY 18, 2018 d. The Application will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. SECTION 4: Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that no subsequent or supplemental environmental document is required in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the proposed Development Agreement, that substantial changes to the project or the circumstances surrounding the overall project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. Staff further finds that the overall project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. d. Based on these findings and all evidence in the record, the City Council concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the proposed Development Agreement. SECTION 5: On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby approves Development Agreement DRC2015-00118 as shown in Attachment A of this Ordinance. Ordinance No. --- - Page 4 of 4 Page 1235 CITY COUNCIL ORDINANCE NO. --- DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA JULY 18, 2018 The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2018. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA Ordinance No. --- - Page 5 of 4 Page 1236 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA P.O. BOX 807 RANCHO CUCAMONGA, CA 91729 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEE PER GOVERNMENT CODE SECTION 6103 DEVELOPMENT AGREEMENT NO. REGARDING THE EMPIRE LAKES SPECIFIC PLAN, RANCHO CUCAMONGA, CALIFORNIA This Development Agreement ("Agreement" or "Development Agreement") is made and entered into as of the "Effective Date" set forth herein, by and among SC Rancho Development Corp., a California corporation and Empire Lakes Holding Company, LLC, a Delaware limited liability company (each, a "Property Owner" and, collectively, "Property Owners") and the City of Rancho Cucamonga, a California municipal corporation ("City"). RECITALS 1. On May 18, 2016, the City Council of the City of Rancho Cucamonga ("Council") adopted Resolution No. 16-056, approving General Plan Amendment DRC2015-00114, which amended the 2010 General Plan of the City of Rancho Cucamonga to allow a proposed mixed use, high density residential/commercial development on a site developed with the now -closed Empire Lakes Golf Course located north of Fourth Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Resolution No. 16-056 and all attachments and exhibits thereto are hereby incorporated by this reference. 2. On June 1, 2016, following second reading, the Council adopted Ordinance No. 888, adopting Specific Plan Amendment DRC2015-00040, which amended the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan (the "Specific Plan"), to allow and set forth the design and technical standards/guidelines for a proposed mixed use, high density residential/commercial development on a site currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Ordinance No. 888 and all attachments and exhibits thereto are hereby incorporated by this reference. 3. On June 1, 2016, following second reading, the Council adopted Ordinance No. 889, adopting Development Code Amendment DRC2015-00115, which amended the provisions of the Development Code of the City Rancho Cucamonga to allow a proposed mixed use, high density residential/commercial development on a site currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, ATTACHMENT A #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc Page 1237 and east of Utica/Cleveland Avenues. Ordinance No. 889 and all attachments and exhibits thereto are hereby incorporated by this reference. 4. For purposes of this Agreement, the proposed mixed use, high density residential/commercial development as approved and defined by Resolution 16-056 and Ordinances 888 and 889 is referred to herein as the "Project," and Resolution 16-056 and Ordinances 888 and 889 are referred to collectively as the "Project Approvals." 5. As set forth in the Project Approvals, the Project requires the construction of a Joint Use Public Facility ("JUPF") of up to 25,000 square feet in floor area, including public parking spaces and secured parking spaces for City vehicles, to provide the City with office and programming space to address the increase in demand for public facilities to support police, library, public works and community services that will be caused by the Project. 6. California Government Code Section 65864, et seq. (the "Development Agreement Statute") authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. 7. City and Property Owners mutually desire to enter into this Development Agreement pursuant to the Development Agreement Statute and Section 17.22.060 of the Municipal Code in order to implement the Project, including but not limited to ensuring that the Property Owners donate the land required for the JUPF to the City, ensuring that the City receives timely and sufficient funds to allow the City to design, build, and furnish the JUPF, and providing a mechanism for Property Owners to be reimbursed funds they advance to City for the JUPF from certain development impact fees the City collects. 8. On , 2018, City adopted its Ordinance No. (the "Ordinance"), thereby approving this Development Agreement among the City and Property Owners, which is effective as of , 2018. All of the requirements of the California Environmental Quality Act have been met with respect to the Project, Project Approvals and this Agreement, and this Agreement is consistent with the City's General Plan and the Specific Plan. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: Section 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "Adjustment Date" shall have the meaning ascribed to it in Section 11.B. "City" means the City of Rancho Cucamonga. "Community and Recreation Center DIF" means the Community and Recreation Center Impact Fee authorized and imposed pursuant to Chapter 3.52 of the Municipal Code, as it may be amended or superseded. #177929v2 9088.12 2 1123 1-000 1 \2130434v 10. doc Page 1238 "Property Owner" means each of SC Rancho Development Corp., a California corporation and Empire Lakes Holding Company, LLC, a Delaware limited liability company. "Effective Date" shall mean the date that the Ordinance becomes effective. "Full Amount" shall have the meaning ascribed to it in Section I I.B. "Index" shall have the meaning ascribed to it in Section 11.B. "Library DIF" means the Library Impact Fee authorized and imposed pursuant to Chapter 3.56 of the Municipal Code, as it may be amended or superseded. "Municipal Code" means the Rancho Cucamonga Municipal Code, as amended from time to time. "Offset DIF" shall have the meaning ascribed to it in Section I I.C. "Ordinance" means Ordinance No. , which approved this Agreement. "Outstanding Full Amount" shall have the meaning ascribed to it in Section I I.B. "Parcel" shall have the meaning ascribed to it in Section I I.A. "Park Improvement DIF" means the Park Impact Fee for park improvements imposed pursuant to Chapter 3.68 of the Municipal Code, as it may be amended or superseded. "Park Land DIF" means the Park In -Lieu Fee for park land acquisition imposed pursuant to Chapter 3.68 of the Municipal Code, as it may be amended or superseded. "Police DIF" means the Police Impact Fee imposed pursuant to Chapter 3.64 of the Municipal Code, as it may be amended or superseded. "Project" means the proposed mixed use, high density residential/commercial development as approved and defined by Resolution 16-056 and Ordinances 888 and 889. "Service Area" means that area within the City located within approximately one mile surrounding the Subject Property and more particularly identified on the map and parcel listing in Exhibit C. "Subject Property" means the real property that is the subject of the Project Approvals and as legally described in Exhibit A to this Agreement. "Term" shall have the meaning ascribed to it in Section 6 below. Section 2. Recitals. The recitals are part of this Agreement and shall be enforceable as any other provision of this Agreement. Section 3. Interest of Property Owner. Each Property Owner warrants and represents that, as of the Effective Date, it has or will have legal title to or an equitable interest in a portion of the Subject Property, as specified for each Property Owner in Exhibit A hereto; that it has full legal #177929v2 9088.12 3 1123 1-000 1 \2130434v 10. doc Page 1239 right to enter into this Agreement; and that the persons executing this Agreement on behalf of each Property Owner have been duly authorized to do so. Section 4. Binding Effect of Agreement. Property Owners hereby subject the Project and the Subject Property to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Property Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon each Property Owner's successors and assigns in title or interest to the Subject Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Subject Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. The City and Property Owners hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Subject Property by Property Owners and the future occupants of the Subject Property, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Section 5. Relationship of Parties. It is understood that the contractual relationship between City and Property Owners is such that City and each Property Owner are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever. Section 6. Term of Agreement. The initial term of this Agreement (the "Term") shall commence on the Effective Date and shall expire eight (8) years thereafter. The initial Term shall be automatically extended for an additional three (3) years if, prior to expiration of the initial Term, building permits have been issued for at least 1,000 dwelling units within the Project. If the Term has been so extended, it shall be automatically extended again for an additional three (3) years if, prior to expiration of the extended eleven-year Term, building permits have been issued for at least 1,600 dwelling units within the Project. (Reference in this Agreement to the "Term" shall mean the initial Term and as such Term may be automatically extended in accordance with this Section 6.) Section 7. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the City's and Property Owners' intent here to cure that deficiency by acknowledging and providing that Property Owners shall have the right (without obligation), subject to the provisions of this Development Agreement, to complete the Project in such order and at such rate and at such times as Property Owners deem appropriate within the exercise of their subjective business judgment. Section 8. If a Property Owner should sell, mortgage, hypothecate, assign, or transfer (collectively "transfer" in this Section) the Subject Property or any portion thereof to any person or entity at any time during the Term of this Agreement, such transfer shall be deemed to include #177929v2 9088.12 4 1123 1-0001 \2130434v 10. doc Page 1240 an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Subject Property so transferred. Following not less than thirty (30) days prior, written notice to the City, the written assumption by the assignee of all of the obligations of Property Owner under this Agreement pursuant to any such transfer shall relieve Property Owner, without any act or concurrence by the City, of its legal duty to perform under this Agreement except to the extent that Property Owner is in default (subject to applicable notice and cure periods) with respect to any such obligations that accrued prior to the proposed transfer. Section 9. General Rights, Standards and Restrictions Pertaining to Development of the Project. The following specific rights and restrictions shall apply to the use of the Subject Property pursuant to this Development Agreement: A. Property Owners shall have the right to develop the Project on the Subject Property in accordance with the terms and conditions of the Project Approvals and this Agreement, and City shall have the right to control development of the Subject Property in accordance with the provisions of the Project Approvals and this Agreement. B. The type, density, intensity, configuration of uses allowed, size, and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, including, but not limited to landscaping, irrigation, sidewalk, and drive approaches, together with other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and this Agreement. C. The term of all tentative subdivision maps approved with respect to the Subject Property shall be extended for not less than the Term of the Development Agreement, as permitted by Government Code Section 66452.6. D. Each tentative map prepared for portions of the Subject Property comprised of any residential subdivision shall comply with the provisions of Government Code Section 66473.7. Section 10. Effect of City Regulations on Development of Project. Except as expressly provided in this Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Rancho Cucamonga Municipal Code and Development Code, in effect as of the Effective Date of this Development Agreement, shall apply to the construction and development of the Project and Subject Property. A. The provisions of this Section shall not preclude the application to the development of the Project and the Subject Property of those changes in City ordinances, regulations, plans, or specifications that are (i) specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions, (ii) required to ensure public safety and are made applicable throughout the City, or (iii) are required to ensure access under the Americans with Disabilities Act. In the event such changes prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. #177929v2 9088.12 5 1123 1-0001 \2130434v 10. doc Page 1241 B. Except as provided below, the payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be in the amounts in effect at the time application is made for such approvals or permits and such amounts may increase over time. However, the Community and Recreation Center DIF, Park Improvement DIF and Park Land DIF, Library DIF, Police DIF, and the public art requirements applicable to the Project pursuant to Chapter 17.124 of the Municipal Code and Ordinance No. 912 shall not increase during the Term of this Development Agreement. C. Prior to the issuance of the first building permit for the Project, Property Owners shall submit an analysis to the City documenting the traffic impact nexus of the Project's for -sale single-family detached units and condominium units relative to the "Residential Multi -Family Attached" product for the purpose of calculating development impact fee rates. This analysis shall indicate definitive parameters that would be used in making the determination of whether these units should be considered "Residential Multi -Family Attached" during the permitting phase for each development. If the City Council finds, based on its review of the aforementioned analysis, that the traffic impacts caused by single-family detached units and/or condominium units are similar to those caused by multi -family units, then the City will use the rate for "Residential Multi - Family Attached" units in calculating the development impact fees for those for -sale single-family detached units and/or condominium units addressed in the analysis. As to development impact fees other than Transportation, City shall rely on the previously adopted City of Rancho Cucamonga Development Impact Fee Study Report (Colgan Report) dated April 22, 2014 to make its determination as to the application of development impact fees to proposed development. D. City may apply to the Project any and all new health and safety regulations (e.g., fire, building, and seismic, plumbing, and electric codes) that become applicable to the City as a whole after the Effective Date. Section 11. Joint Use Public Facility A. Land Dedication. Property Owners will make an irrevocable offer of dedication to the City of approximately 1.75 net acres of land for the JUPF generally located within Planning Area N-13 at the intersection of 7th Street and a future street expected to be named the "Resort Parkway," as shown on Exhibit B to this Agreement (the "Parcel"). City shall provide no additional consideration for the Parcel beyond the promises and covenants made in this Agreement. The City shall be responsible for all operations and maintenance costs of the JUPF. The offer of dedication shall occur by separate instrument within ninety (90) days after (i) Property Owners have completed full public street improvements adjacent to the Parcel, including but not limited to all wet and dry utilities within the street stubbed to the Parcel boundary that are customary for development of the Parcel or (ii) Property Owners have obtained a building permit for the 2,0001h residential dwelling unit within the Project, whichever occurs first. Prior to the offer of dedication of the Parcel, Property Owners shall remove excess soils from the Parcel to match the grade of the adjoining public streets. City shall be solely responsible for any over -excavation and re -compaction of the soils on the Parcel. If Property Owners fail to irrevocably offer to dedicate the Parcel as of the date required by this paragraph, Property Owners shall not seek and City shall not approve any further building permits for residential units in the Project until the irrevocable offer of dedication has occurred and the offer has been accepted by #177929v2 9088.12 6 1123 1-000 1 \2130434v 10. doc Page 1242 the City Council, provided that the City shall also have available all remedies under law in connection with the Property Owners' failure to dedicate the Parcel, including specific performance. The City Council shall accept the irrevocable offer of dedication within sixty (60) days after the date the Property Owners have completed the public street improvements described above in this Section I LA and submitted the irrevocable offer of dedication to the City. B. Full Amount. The parties agree that the estimated cost of designing, building, and furnishing the JUPF as of the Effective Date is $11,000,000 (the "Full Amount"). Commencing on the one year anniversary of the Effective Date and each 12 months thereafter (each, an "Adjustment Date"), the Full Amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County (the "Index") for the twelve-month period ending in the month preceding the Adjustment Date. The annual adjustment of the Full Amount shall cease when Property Owners have completed the required work on and abutting the Parcel described in Section I LA, made the irrevocable offer of dedication of the Parcel, and paid the Outstanding Full Amount. For purposes of this Agreement, the "Outstanding Full Amount" shall mean the Full Amount, as adjusted each Adjustment Date, less (i) the amount of "Offset DIFs" (defined below) received by the City prior to payment of the Outstanding Full Amount and (ii) interest earnings on the funds deposited in the special fund described in Section I LC below, if the City elects to retain such funds in an interest-earning account, less reasonable costs related to the administration of the account. The "Offset DIFs" means (i) the amount for Police DIFs, Library DIFs, Community and Recreation Center DIFs paid within the Project and (ii) the amount of Police DIFs, Library DIFs, and Community and Recreation Center DIFs collected within the Service Area following the Effective Date. City shall diligently pursue the collection of all Offset DIFs within the Service Area. Commencing on the one year anniversary of the Effective Date and each 12 months thereafter, City shall provide Property Owners with a written statement of the number of building permits issued within the Service Area and the type and extent of the development for which such building permits were issued. In no case will the Offset DIFs exceed the Full Amount. C. Funding. The then current Outstanding Full Amount shall be paid by Property Owners concurrent with, or prior to, the issuance of a building permit for the 2,0001h residential dwelling unit within the Project. City shall deposit all payments of Offset DIFs within the Project and the payment of the Outstanding Full Amount made by Property Owners in a special fund from which disbursements may be made by the City solely for the design, construction, and furnishing of the JUPF. D. Construction Schedule. City shall commence construction of the JUPF within eighteen (18) months of Property Owners' irrevocable offer of dedication of the Parcel and full payment of the Outstanding Full Amount, provided that City has issued certificates of occupancy for, and commercial uses occupy, at least 22,500 square feet of non-residential building construction located south of 6th Street. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project. E. DIF Deposit. Property Owners' payment of the Outstanding Full Amount shall constitute a deposit against payment of all Police DIFs, Library DIFs and Community and Recreation Center DIFs for the remaining residential units within the Project and the remaining non-residential building construction within the Project that would otherwise be subject to such #177929v2 9088.12 7 1123 1-000 1 \2130434v 10. doc Page 1243 DIFs not to exceed a total of 3,450 residential units and 220,000 square feet of non-residential construction within the Project. At the time such deposit is exhausted, Property Owners shall be responsible for paying all DIFs for the remaining residential units and non-residential building construction or part thereof within the Project. Such deposit against payment of the Police D1Fs, Library DIFs and Community and Recreation Center DIFs shall apply irrespective of the expiration or earlier termination of this Agreement. Such deposit, however, shall not be transferable for use outside the Project and shall not be available for reuse within the Project for a residential unit or non-residential construction on a parcel for which the deposit had been used previously. Section 12. Public Art. Property Owners agree to participate in the City's Public Art Program and comply with all requirements of Chapter 17.124 of the Municipal Code and Ordinance No. 912. Section 13. Recreation Facilities. A. Camp Improvements. Property Owners shall improve an approximately 1.30 -acre private park within Planning Area N-15 (the "Camp") with the development of Phase 2 of the Project (north of 6ffi Street) and not later than the issuance of a building permit for the 2,000' dwelling unit within the Project. B. Formation of Property Owners Association. Prior to issuance of the first building permit for the Project, Property Owners shall record a declaration of covenants, conditions and restrictions ("CC&Rs") for the Subject Property that forms a master property owners association (the "Association") and obligates the Association to maintain, among other things, the following improvements: (i) parkways (i.e., curb to right-of-way line); (ii) the non -vehicular portions of the roundabout (i.e. the center) areas along the public streets and roads; and (iii) the Camp in accordance with the requirements described in the following sub -section. The CC&Rs shall be in form and substance reasonably satisfactory to the City Attorney and, with respect to the above -referenced improvements, shall not be subject to amendment without the City's reasonable consent. C. Camp Maintenance. Until the Association becomes operational, Property Owners shall own the Camp and maintain the Camp in good condition and repair. Once the Association becomes operational, the Camp shall be deemed part of the Project's common area and shall be maintained by the Association. The costs of maintenance of the Camp shall be the responsibility of the Property Owners and the Association and the City shall bear no costs for such maintenance. Section 14. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Property Owner with the terms of this Agreement. Property Owner shall file an annual report with the City indicating information regarding compliance with the terms of this Agreement no later than January 7 for the previous calendar year, commencing January 7, 2019. Section 15. Indemnification and Legal Challenge. To the maximum extent permitted by law, each Property Owner must defend, indemnify, and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees ("Indemnitees") harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims #177929v2 9088.12 8 1123 1-000 1 \2130434v 10. doc Page 1244 for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Property Owner's activities in connection with the development and/or construction of the Project, and which may arise from the direct or indirect operations of the Property Owner or those of the Property Owner's contractors, agents, tenants, employees or any other persons acting on Property Owner's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. Each Property Owner shall also defend, indemnify and hold the Indemnitees harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or related to the Property Owner's failure, or any of its contractor's failure, to pay prevailing wages pursuant to Labor Code Section 1720 et seq. in connection with construction of the Project and associated public and private improvements. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the Project including, without limitation, the City's General Plan, Zoning Ordinance, or any other supporting document relating to the Project, the applicable Property Owner must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge or take any position adverse to the Property Owner in connection with such third -party challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Property Owner may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. This Section shall survive the expiration or earlier termination of this Agreement. Section 16. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code § 65868, et seq., or successor provisions thereto. Section 17. Enforcement. In the event of a default under the provisions of this Agreement by a Property Owner, City shall give written notice to the Property Owner (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on the Property Owner, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Property Owner), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of the Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for #177929v2 9088.12 9 1123 1-000 1 \2130434v 10. doc Page 1245 injunctive relief against any violation by the Property Owner of any provision of this Agreement, or apply for such other relief as may be appropriate. Section 18. Event of Default. A Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: A. If a material warranty, representation or statement made or furnished by the Property Owner to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; B. If a finding and determination is made by City following an annual review pursuant to this Agreement, upon the basis of substantial evidence, that the Property Owner has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as provided by this Agreement; or C. A breach by the Property Owner of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in this Agreement. Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance by a Property Owner if on periodic review City does not enforce this Agreement. Nonperformance by a Property Owner shall not be excused because performance by the Property Owner of the obligations herein contained would be unprofitable, difficult, or expensive, or because of a failure of any third party or entity, other than City. Subject to the provisions of Section 19, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or a Property Owner of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney's fees in accordance with this Agreement, the City shall not be liable in damages to the Property Owners, or to any assignee, transferee, or any other person, and the Property Owners covenant on behalf of itself and its successors in interest not to sue for or claim any damages: A. For any breach of this Agreement; B. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; C. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or D. For any injury to or interference with the rights of the property owner, allegedly or actually arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any rights under this Agreement. #177929v2 9088.12 10 1123 1-000 1 \2130434v 10. doc Page 1246 The parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Property Owner's right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Property Owners' principal remedy shall lie in reformation of this Agreement Section 21. Rights of Lenders Under this Agreement. Should a Property Owner place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: A. Do any act or thing required of the Property Owner under this Agreement, or cure any default of the Property Owner under this Agreement within the time limits set forth in this Agreement, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Property Owner; B. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "a trust deed"); C. Transfer, convey or assign the title of the Property Owner to the Subject Property to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and D. Acquire and succeed to the interest of the Property Owner by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to consider such an amendment in good faith and in accordance with state and local law so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by the Property Owner hereunder. Section 22. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Property Owner to Lender (if known by City) simultaneously with such notice of default City gives to Property Owner and afford Lender the opportunity after receipt of service of the notice to: A. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; B. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or #177929v2 9088.12 11 1123 1-000 1 \2130434v 10. doc Page 1247 C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Section 23. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by a Property Owner by commencing proceedings to foreclose its encumbrance or lien on the Subject Property. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by the Property Owner unless: A. They are commenced within thirty (30) days after service on Property Owner (and on Lender if Lender's address is provided by notice to the City pursuant this Agreement) of the notice described hereinabove; B. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by the Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. Section 24. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To SC Rancho Development Corp.: 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman To Empire Lakes Holding Company: 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California Attention: City Manager Section 25. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party #177929v2 9088.12 12 1123 1-000 1 \2130434v 10. doc Page 1248 shall be entitled to recover its costs and reasonable attorneys' fees and experts' fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court. Section 26. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. Section 27. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California. Section 28. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 29. Recordation. The City Clerk shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property Owners, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect. Section 30. Force Majeure. In the event that any party hereto shall be delayed or hindered or prevented from performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section 30. Section 31. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect. Section 32. Time of Essence. Time is of the essence in every provision hereof in which time is a factor. Section 33. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Property Owners. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Project Approvals are appropriate with respect to the implementation of this Agreement and the Project Approvals. If, when, and as it becomes necessary or appropriate to take implementing actions or make such changes, adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or clarifications through an operating memorandum ("Operating Memorandum") approved by the parties in writing which references this Section 33. Such Operating Memorandum shall not require public notices and hearings or an amendment to this Agreement unless it is required by Section 16 #177929v2 9088.12 13 1123 1-000 1 \2130434v 10. doc Page 1249 above. The City Manager shall be authorized, after consultation with and approval of Property Owners, to determine whether a requested adjustment, clarification or implementing action (i) may be effectuated pursuant to this Section 33 and is consistent with the intent and purpose of this Agreement and the Project Approvals or (ii) is of the type that would constitute an amendment to this Agreement and thus would require compliance with the provisions of Section 16 above. The authority to enter into such Operating Memorandum is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Operating Memorandum hereunder without further City Council action. [Signature Page Follows] #177929v2 9088.12 14 1123 1-000 1 \2130434v 10. doc Page 1250 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dated: ATTEST: Dermis L. Michael Mayor Janice C. Reynolds City Clerk Approved as to form: James L. Markman City Attorney #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc 15 SC RANCHO DEVELOPMENT CORP., a California corporation By: Name: Its: Authorized Agent EMPIRE LAKES HOLDING COMPANY, LLC, a Delaware limited liability company By: North Mountain Corporation, a California corporation, its Manager By: Name: Its: Authorized Agent Dated: Page 1251 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature #177929v2 9088.12 16 1123 1-000 1 \2130434v 10. doc (Seal) Page 1252 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, , (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc (Seal) Page 1253 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, (insert name and title of the officer) 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature #177929v2 9088.12 A -I 1123 1-000 1 \2130434v 10. doc (Seal) Page 1254 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY A. PROPERTY OF SC RANCHO DEVELOPMENT CORP. PARCEL B OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL 12, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 12, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 609.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 607.85 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 0005'22" EAST 384.51 FEET AND ALONG THE EASTERLY LINE OF SAID PARCEL I THE FOLLOWING EIGHT (8) COURSES: SOUTH 5020'33" WEST 599.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°36'46", AN ARC LENGTH OF 129.21 FEET; SOUTH 34057'19" WEST 893.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°30'42", AN ARC LENGTH OF 124.13 FEET; SOUTH 74028'00" WEST 207.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°44'26", AN ARC LENGTH OF 142.86 FEET; SOUTH 41043'34" WEST 449.75 FEET; SOUTH 0037'21" WEST 154.21 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY, NORTH 89°22'39" WEST 40.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET; #177929v2 9088.12 A-2 1 1 23 1-000 1 \2130434v 10. doc Page 1255 THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4°01' 11 ", AN ARC LENGTH OF 23.78 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 0°37'21" EAST 360.30 FEET; THENCE SOUTH 89°53'31" WEST 372.27 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0006'32" WEST 738.67 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89045'13" EAST 342.95 FEET; THENCE SOUTH 49010'44" EAST 275.70 FEET; THENCE NORTH 40049'16" EAST 694.51 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°21'04", AN ARC LENGTH OF 422.55 FEET; THENCE NORTH 0028'12" EAST 695.14 FEET TO THE TRUE POINT OF BEGINNING. #177929v2 9088.12 A-3 11231-0001 \2130434v 10. doc Page 1256 B. PROPERTY OF EMPIRE LAKES HOLDING COMPANY PARCEL A: PARCEL 13 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 177, PAGES 90 THROUGH 96, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25, 1995 AS INSTRUMENT NO. 95-369354 OF OFFICIAL RECORDS. PARCEL B: PARCEL A OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL 12, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, AND ALL OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 400, RECORDED SEPTEMBER 18, 1997, AS INSTRUMENT NO. 97-0344260, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL "B", SAID POINT ALSO BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 89053'28" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°34'44", AN ARC LENGTH OF 37.94 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "B", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 303.28 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 406.25 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6021'35", AN ARC LENGTH OF 45.09 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 406.25 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 6°49'47" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°21'35", AN ARC LENGTH OF 45.09 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 132.55 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL "B"; THENCE NORTH 0006'32" WEST 5.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 12; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 609.96 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 00028'12" WEST 695.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40021'04", AN ARC LENGTH OF 422.55 FEET; THENCE SOUTH 40049'16" WEST 694.51 FEET; #177929v2 9088.12 A-4 1 1 23 1-000 1 \2130434v 10. doc Page 1257 THENCE NORTH 490 10'44" WEST 275.70 FEET; THENCE SOUTH 89°45'13" WEST 342.95 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE NORTH 0006'32" WEST, ALONG SAID EASTERLY LINE, 1414.52 FEET, TO THE POINT OF BEGINNING. PARCEL C: PARCEL C OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, SAID POINT BEING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 1, NORTH 0006'32" WEST 328.42 FEET; THENCE, LEAVING SAID WEST LINE, NORTH 89°53'31" EAST 372.27 FEET; THENCE SOUTH 0037'21" WEST 360.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 4038'32" WEST, SAID BEGINNING ALSO BEING A POINT ON THE NORTHERLY RIGHT- OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3°36'31", AN ARC LENGTH OF 21.35 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 8°15'02" EAST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7°37'41", AN ARC LENGTH OF 45.13 FEET; THENCE NORTH 89022'39" WEST 281.79 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 41°41'31" WEST 29.75 FEET TO THE POINT OF BEGINNING; SAID LAND IS ALSO SHOWN AS PARCEL C, PURSUANT TO LOT LINE ADJUSTMENT NO. LLA2017- 00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. #177929v2 9088.12 A-5 1 1 23 1-000 1 \2130434v 10. doc Page 1258 EXHIBIT B LOCATION OF DEDICATED LAND n�ta�SS e�oedam 9-19 rMar. NMI 1� I Wt, d rs, fig�.�-�� ��' � r� .ef ���• JIIWI JA Cl �nnx[I Petlestr an •~ t Ian �ryp 1 Ss� _j � Popmiral Petlen I'�' fnhneGio�rin I f� nwr VN \ Pote�l�a�eede�t[la�/ cpnnenlon lNp.l LEWIS CORP CONCEPTUAL SITE PLAN (1 1.22.17) A.The Resort R—h. Cucamonga, CA -- -•— ••- Lewis Group of Companies #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc Page 1259 EXHIBIT C SERVICE AREA PARCEL LISTING AND MAP Zone 1— Subiect 0208-052-32 0208-053-26 Property 0208-052-33 0208-053-27 0209-272-20 0208-052-34 0208-053-28 0210-082-91 0208-052-35 0208-053-29 0210-082-92 0208-052-36 0208-053-30 0210-082-93 0208-052-37 0208-053-31 0208-052-38 0208-053-32 Zone 2 — Service Area 0208-052-39 0208-053-33 208-052-01 0208-052-40 0208-062-01 0208-052-02 0208-052-41 0208-062-02 0208-052-03 0208-052-42 0208-062-03 0208-052-04 0208-052-43 0208-062-04 0208-052-05 0208-052-73 0208-062-05 0208-052-06 0208-053-01 0208-062-06 0208-052-07 0208-053-02 0208-062-07 0208-052-08 0208-053-03 0208-062-08 0208-052-09 0208-053-04 0208-062-09 0208-052-10 0208-053-05 0208-062-10 0208-052-11 0208-053-06 0208-062-11 0208-052-12 0208-053-07 0208-062-12 0208-052-13 0208-053-08 0208-062-13 0208-052-14 0208-053-09 0208-062-14 0208-052-15 0208-053-10 0208-062-15 0208-052-16 0208-053-11 0208-062-16 0208-052-17 0208-053-12 0208-212-01 0208-052-18 0208-053-13 0208-212-02 0208-052-19 0208-053-14 0208-212-03 0208-052-20 0208-053-15 0208-212-04 0208-052-21 0208-053-16 0208-212-05 0208-052-22 0208-053-17 0208-212-06 0208-052-23 0208-053-18 0208-212-07 0208-052-24 0208-053-19 0208-212-08 0208-052-25 0208-053-20 0208-212-09 0208-052-26 0208-053-21 0208-212-10 0208-052-27 0208-053-22 0208-212-11 0208-052-28 0208-053-23 0208-212-12 0208-052-29 0208-053-24 0208-212-13 0208-052-30 0208-053-25 0208-212-14 0208-052-31 #177929v2 9088.12 1123 1-000 1 \2130434v10.doc C-1 Page 1260 0208-212-15 0208-212-58 0208-213-33 0208-212-16 0208-212-59 0208-213-34 0208-212-17 0208-212-60 0208-213-35 0208-212-18 0208-212-61 0208-213-36 0208-212-19 0208-212-62 0208-213-37 0208-212-20 0208-212-63 0208-213-38 0208-212-21 0208-212-64 0208-213-39 0208-212-22 0208-212-65 0208-213-40 0208-212-23 0208-212-66 0208-213-41 0208-212-24 0208-212-67 0208-213-42 0208-212-25 0208-212-68 0208-213-43 0208-212-26 0208-213-01 0208-213-44 0208-212-27 0208-213-02 0208-213-45 0208-212-28 0208-213-03 0208-213-46 0208-212-29 0208-213-04 0208-213-47 0208-212-30 0208-213-05 0208-213-48 0208-212-31 0208-213-06 0208-213-49 0208-212-32 0208-213-07 0208-213-50 0208-212-33 0208-213-08 0208-213-51 0208-212-34 0208-213-09 0208-213-52 0208-212-35 0208-213-10 0208-213-53 0208-212-36 0208-213-11 0208-213-54 0208-212-37 0208-213-12 0208-213-55 0208-212-38 0208-213-13 0208-213-56 0208-212-39 0208-213-14 0208-213-57 0208-212-40 0208-213-15 0208-213-58 0208-212-41 0208-213-16 0208-213-59 0208-212-42 0208-213-17 0208-213-60 0208-212-43 0208-213-18 0208-213-61 0208-212-44 0208-213-19 0208-213-62 0208-212-45 0208-213-20 0208-213-63 0208-212-46 0208-213-21 0208-213-64 0208-212-47 0208-213-22 0208-213-65 0208-212-48 0208-213-23 0208-213-66 0208-212-49 0208-213-24 0208-213-67 0208-212-50 0208-213-25 0208-213-68 0208-212-51 0208-213-26 0208-213-69 0208-212-52 0208-213-27 0208-213-70 0208-212-53 0208-213-28 0208-213-71 0208-212-54 0208-213-29 0208-213-72 0208-212-55 0208-213-30 0208-213-73 0208-212-56 0208-213-31 0208-213-74 0208-212-57 0208-213-32 0208-213-75 #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc C-2 Page 1261 0208-213-76 0208-214-37 0208-214-80 0208-213-77 0208-214-38 0208-214-81 0208-213-78 0208-214-39 0208-214-82 0208-213-79 0208-214-40 0208-215-01 0208-213-80 0208-214-41 0208-215-02 0208-213-81 0208-214-42 0208-215-03 0208-213-82 0208-214-43 0208-215-04 0208-214-01 0208-214-44 0208-215-05 0208-214-02 0208-214-45 0208-215-06 0208-214-03 0208-214-46 0208-215-07 0208-214-04 0208-214-47 0208-215-08 0208-214-05 0208-214-48 0208-215-09 0208-214-06 0208-214-49 0208-215-10 0208-214-07 0208-214-50 0208-215-11 0208-214-08 0208-214-51 0208-215-12 0208-214-09 0208-214-52 0208-215-13 0208-214-10 0208-214-53 0208-215-14 0208-214-11 0208-214-54 0208-215-15 0208-214-12 0208-214-55 0208-215-16 0208-214-13 0208-214-56 0208-215-17 0208-214-14 0208-214-57 0208-215-18 0208-214-15 0208-214-58 0208-215-19 0208-214-16 0208-214-59 0208-215-20 0208-214-17 0208-214-60 0208-215-21 0208-214-18 0208-214-61 0208-215-22 0208-214-19 0208-214-62 0208-215-23 0208-214-20 0208-214-63 0208-215-24 0208-214-21 0208-214-64 0208-215-25 0208-214-22 0208-214-65 0208-215-26 0208-214-23 0208-214-66 0208-215-27 0208-214-24 0208-214-67 0208-215-28 0208-214-25 0208-214-68 0208-215-29 0208-214-26 0208-214-69 0208-215-30 0208-214-27 0208-214-70 0208-215-31 0208-214-28 0208-214-71 0208-215-32 0208-214-29 0208-214-72 0208-215-33 0208-214-30 0208-214-73 0208-215-34 0208-214-31 0208-214-74 0208-215-35 0208-214-32 0208-214-75 0208-215-36 0208-214-33 0208-214-76 0208-215-37 0208-214-34 0208-214-77 0208-215-38 0208-214-35 0208-214-78 0208-215-39 0208-214-36 0208-214-79 0208-215-40 #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc C-3 Page 1262 0208-215-41 0208-216-04 0208-216-47 0208-215-42 0208-216-05 0208-216-48 0208-215-43 0208-216-06 0208-216-49 0208-215-44 0208-216-07 0208-216-50 0208-215-45 0208-216-08 0208-216-51 0208-215-46 0208-216-09 0208-216-52 0208-215-47 0208-216-10 0208-216-53 0208-215-48 0208-216-11 0208-216-54 0208-215-49 0208-216-12 0208-216-55 0208-215-50 0208-216-13 0208-216-56 0208-215-51 0208-216-14 0208-216-57 0208-215-52 0208-216-15 0208-216-58 0208-215-53 0208-216-16 0208-216-59 0208-215-54 0208-216-17 0208-216-60 0208-215-55 0208-216-18 0208-216-61 0208-215-56 0208-216-19 0208-216-62 0208-215-57 0208-216-20 0208-216-63 0208-215-58 0208-216-21 0208-216-64 0208-215-59 0208-216-22 0208-216-65 0208-215-60 0208-216-23 0208-216-66 0208-215-61 0208-216-24 0208-216-67 0208-215-62 0208-216-25 0208-216-68 0208-215-63 0208-216-26 0208-216-69 0208-215-64 0208-216-27 0208-216-70 0208-215-65 0208-216-28 0208-216-71 0208-215-66 0208-216-29 0208-216-72 0208-215-67 0208-216-30 0208-216-73 0208-215-68 0208-216-31 0208-216-74 0208-215-69 0208-216-32 0208-216-75 0208-215-70 0208-216-33 0208-216-76 0208-215-71 0208-216-34 0208-216-77 0208-215-72 0208-216-35 0208-216-78 0208-215-73 0208-216-36 0208-216-79 0208-215-74 0208-216-37 0208-216-80 0208-215-75 0208-216-38 0208-216-81 0208-215-76 0208-216-39 0208-216-82 0208-215-77 0208-216-40 0208-217-01 0208-215-78 0208-216-41 0208-217-02 0208-215-79 0208-216-42 0208-217-03 0208-215-80 0208-216-43 0208-217-04 0208-216-01 0208-216-44 0208-217-05 0208-216-02 0208-216-45 0208-217-06 0208-216-03 0208-216-46 0208-217-07 #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc Page 1263 0208-217-08 0208-232-14 0208-354-02 0208-217-09 0208-321-31 0208-354-03 0208-217-10 0208-321-32 0208-354-04 0208-217-11 0208-321-33 0208-354-05 0208-217-12 0208-321-40 0208-354-06 0208-217-13 0208-331-08 0208-354-07 0208-217-14 0208-331-17 0208-354-08 0208-217-15 0208-331-22 0208-355-01 0208-217-16 0208-331-23 0208-355-02 0208-217-17 0208-331-40 0208-355-03 0208-217-18 0208-331-43 0208-355-04 0208-217-19 0208-331-44 0208-355-05 0208-217-20 0208-331-45 0208-355-08 0208-217-21 0208-331-47 0208-355-09 0208-217-22 0208-331-48 0208-355-16 0208-217-23 0208-341-12 0208-355-17 0208-222-02 0208-341-15 0208-355-18 0208-222-03 0208-341-16 0208-355-19 0208-222-04 0208-341-17 0208-355-20 0208-222-05 0208-341-18 0208-355-21 0208-222-06 0208-353-01 0208-355-23 0208-222-07 0208-353-02 0208-355-24 0208-222-08 0208-353-03 0208-355-28 0208-222-09 0208-353-04 0208-355-29 0208-222-10 0208-353-05 0208-355-30 0208-222-11 0208-353-06 0208-355-31 0208-222-12 0208-353-07 0208-355-32 0208-222-13 0208-353-08 0208-355-33 0208-222-14 0208-353-09 0208-355-34 0208-222-15 0208-353-10 0208-355-35 0208-232-01 0208-353-11 0208-355-36 0208-232-02 0208-353-12 0208-355-37 0208-232-03 0208-353-13 0208-355-38 0208-232-04 0208-353-15 0208-355-39 0208-232-05 0208-353-17 0208-355-40 0208-232-06 0208-353-18 0208-355-41 0208-232-07 0208-353-19 0208-355-42 0208-232-08 0208-353-20 0208-355-43 0208-232-09 0208-353-21 0208-355-44 0208-232-10 0208-353-23 0208-355-45 0208-232-11 0208-353-26 0208-355-47 0208-232-12 0208-353-27 0208-355-48 0208-232-13 0208-354-01 0208-355-49 #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc C-5 Page 1264 0208-622-02 0208-943-16 0208-943-59 0208-622-05 0208-943-17 0208-943-60 0208-622-06 0208-943-18 0208-943-61 0208-622-07 0208-943-19 0208-943-62 0208-622-08 0208-943-20 0208-943-63 0208-622-09 0208-943-21 0208-943-64 0208-622-10 0208-943-22 0208-943-65 0208-622-11 0208-943-23 0208-943-66 0208-622-12 0208-943-24 0208-944-01 0208-622-13 0208-943-25 0208-944-02 0208-622-14 0208-943-26 0208-944-03 0208-622-15 0208-943-27 0208-944-04 0208-622-16 0208-943-28 0208-944-05 0208-622-17 0208-943-29 0208-944-06 0208-622-18 0208-943-30 0208-944-07 0208-622-19 0208-943-31 0208-944-08 0208-622-20 0208-943-32 0208-944-09 0208-622-21 0208-943-33 0208-944-10 0208-622-22 0208-943-34 0208-944-11 0208-622-23 0208-943-35 0208-944-12 0208-622-27 0208-943-36 0208-944-13 0208-622-28 0208-943-37 0208-944-14 0208-622-33 0208-943-38 0208-944-15 0208-622-34 0208-943-39 0208-944-16 0208-622-35 0208-943-40 0208-944-17 0208-622-36 0208-943-41 0208-944-18 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1077-901-19 1077-902-08 1077-902-51 1077-901-20 1077-902-09 1077-902-52 1077-901-21 1077-902-10 1077-902-53 1077-901-22 1077-902-11 1077-902-54 1077-901-23 1077-902-12 1077-902-55 1077-901-24 1077-902-13 1077-902-56 1077-901-25 1077-902-14 1077-902-57 1077-901-26 1077-902-15 1077-902-58 1077-901-27 1077-902-16 1077-902-59 1077-901-28 1077-902-17 1077-902-60 1077-901-29 1077-902-18 1077-901-30 1077-902-19 1077-901-31 1077-902-20 1077-901-32 1077-902-21 1077-901-33 1077-902-22 1077-901-34 1077-902-23 1077-901-35 1077-902-24 1077-901-36 1077-902-25 1077-901-37 1077-902-26 #177929v2 9088.12 1123 1-000 1 \2130434v 10. doc C-24 Page 1283 #177929v2 9088.12 C-25 1123 1-0001 \2130434v 10. doc Page 1284 City Council July 18, 2018 Empire Lakes/The Resort Development Agreement DRC2015-00118 City of Rancho Cucamonga Project Description A proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1) pill—BNSEVMetrolink-Rall Line w = _ _. F - 11i[k - :H Empire Lakes 4 acia Street Specific Plan'. 7th Street - . s th Str.eet = 6th Street 41 a� LZI ;� �•'1 - _ Emp ire Lakes Specific Plan —+ 'S3`r 'Yt M - ..:g I 4th�treet ...' .:� -—_�: _..,� ���: 7_7. 4#h Street= �tfeet REC. 5-A4 RBC. S 2W CL "0 CL VN 8-21 VN w 4H.• \\� �j 1416�IlriC VN rbh street Urban Plaza :} 6th street 16t� sout 31 't. .rlM1`rfl ,�� R.....• Via•. I*. &.2D2D i'. 41 i.l RI�CeGyP9 Lego rd _ { J ' -� �-- r, �n wti �- Metrolink Son Bernardino Line j BN F#Metrolink.-Rail Line- - Mbaed Uee {MU1 Poc C Park Urhon Nel�borhood {UN) ' Metrolink L *i1M r X19 rat .. Rancho Cucamonga J 4 I �: 5 hMJ J f✓41 NN N.12 $Ca Clan * k' L I LLI 1 � {18 AG 3W C5LLWt -bet arnt �.v '41 •,N-11 deh Street F 7 = MU �O 1 yj CL auu�iwc W" to �tfeet REC. 5-A4 RBC. S 2W CL "0 CL VN 8-21 VN w 4H.• \\� �j 1416�IlriC VN rbh street Urban Plaza :} 6th street 16t� sout 31 i*. y7 r'L-0 R� 't. e &.2D2D i'. 41 i.l RI�CeGyP9 Lego rd _ . -. •• • . ..F : , .1 r J - Mbaed Uee {MU1 Urhon Nel�borhood {UN) x. *i1M r X19 y .. acreI-NIAg(cU Alingo NeghborhoodNN) _pk ,: — hMJ J Reereohlon (RBC) K . .1�.00wrt =MU orerloy -bet � �.v '41 deh Street 7 i*. y7 r'L-0 R� Development Agreements - Purpose Development Agreements have been determined to be beneficial to the public in thatthey: 1. Increase certainty in the approval of development projects which prevents waste of resources, reduces costs to the consumer, and encourages investment and commitment to comprehensive planning; Development Agreements - Purpose Development Agreements determined to be beneficial thatthey: have been to the public in 2. Provide assurance to the applicant for an approved development project that the applicant may proceed with the project in accordance with existing policies, rules and regulations; Development Agreements - Purpose Development determined to thatthey: Agreements have been be beneficial to the public in 3. Enable the City to plan for and finance public facilities which removes impediment to the development of housing. an new Development Agreement - Major Terms • Term of 8 years with an extension of an additional 3 years if the develODer obtains building permits for at least 1,000 dwelling units; • Requirement to contribute funding Use Public Facility; dedicate land fora proposed and Joint Development Agreement - Major Terms • Requirement to improve and maintain a 1.3 -acre private park; • Requirement that the developer participate in the City's public art program. Review Background - Planning Commission • The Commission reviewed the proposed Development Agreement on April 11, 2018; • The Commission reviewed a revision to the proposed Agreement on June 27, 2018; • The Commission recommends to the City Council the approval of the proposed Agreement City Council Public Hearing Notifications • Newspaper advertising; • Project site posted; • Notices mailed to owners of property located within 660 feet of the project site; • No comments have been response to these notifications. received in Environmental Assessment • Pursuant to the California Environmental Quality Act, the City certified an Environmental Impact Report (EIR) on May 18, 2016 in connection with the City's approvals of General Plan Amendment DRC2015-00114) Specific Plan Amendment DRC2015-000407 and Development Code Amendment DRC2015- 00115. Environmental Assessment No subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project: a) If no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) If no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts Environmental Assessment c) If no new important information shows the project will have new or more severe impacts than previously considered; and d) If no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Conclusion Staff recommends that the City Council adopt Ordinance No. 934 approving Development Agreement DRC2015-00118 between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC by four-fifths vote by title only. DATE: July 18, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: CONSIDERATION OF THE PUBLIC WORKS SUBCOMMITTEE'S RECOMMENDATION REGARDING APPOINTMENTS TO THE WEST -SIDE DISTRICTS CITIZENS' OVERSIGHT COMMITTEE. RECOMMENDATION: Staff recommends the City Council approve the Public Works Subcommittee's recommendation to reappoint David DeMauro and appoint Denise Garzaro 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 new West -Side Committee was tasked with reviewing the annual financial audits in LIVID 1, PD 85, and SLD 2. ANALYSIS: Two vacancies on the West -side Citizens' Oversight Committee were created as the terms for Joey Cataura and David DeMauro ended in spring 2018. To fill those vacancies, 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, including Mr. DeMauro's request for reappointment. Mr. Cataura did not wish to continue to serve on the Committee. On June 20, 2018, the Public Works Subcommittee (Mayor Michael and Councilmember Williams) interviewed the applicants, and unanimously recommended that David DeMauro be reappointed, and that Denise Garzaro be appointed to the Committee. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: Page 1285