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HomeMy WebLinkAbout2013/03/20 - Agenda Packet - Special / Regular ••• . . city of AN C HO 6CAMON • 10500 Civic Center Drive 4- Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1st and 3rd Wednesdays 4- 7:00 P.M. MARCH 20, 2013 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements SPECIAL MEETING Council Chambers 6:00 P.M. REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Marc Steinorth Diane Williams CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman „ ,'�`►jd F s CITY CLERK Janice C. Reynolds ', ifci- INFORMATION FOR THE PUBLIC L .a.,,,.-R ficl G(ICAMONGA TO ADDRESS THE FIRE BOARD, AUTHORITY BOARD AND CITY COUNCIL The Fire Board,Authority Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board,Authority Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display audio or visual material,please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Authority Board or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items(with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" Item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS -Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter,the City's Public Library(-ies)and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST-Fire Board,Authority Board and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on- demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth(DSUCable Modem)or Low-bandwidth (Dial-up) Internet service. The Fire Board, Authority Board and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found @ www.cityofrc.us RIIf you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, • :• •, PUBLIC FINANCING AUTHORITY AND 1 CITY COUNCIL AGENDA CJ)CAMOr,G,, MARCH 20, 2013 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) ID. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM I D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE: NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA:, AND BOBBY BRETT, RANCHO BASEBALL, LLC) REGARDING LEASE TERMS - CITY D2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B)— CITY E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, - •. PUBLIC FINANCING AUTHORITY AND 2 • CITY COUNCIL AGENDA 4-1IO a AMONGA MARCH 20, 2013 G. SPECIAL MEETING OF THE CITY COUNCIL ONLY CALL TO ORDER - 6:00 P.M. COUNCIL CHAMBERS THE SPECIAL MEETING OF THE CITY COUNCIL WILL BE CALLED TO ORDER G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams H. ITEMS OF BUSINESS H1. Presentation of Certificates of Recognition to Pop Warner Football & Cheerleading A. Midget Panthers - Mount Baldy Conference Champions B. Midget Panther Cheer - 1S1" Place Mount Baldy Conference and 5TH Place in Regional Cheer Competition C. Pee Wee Wolverines - 2ND Place Mount Baldy Conference D. Pee Wee Bobcats - Mount Baldy Playoffs E. Jr. Pee Wee Wildcats Cheer - 2ND Place Mount Baldy Cheer Competition and 4TH Place in Regional Cheer Competition F. Mitey-Mites Stingrays Cheer- Participated in Pop Warner Nationals G. Mitey-Mites Stingrays - Pop Warner Nationals I. RECESS THE REGULAR CITY COUNCIL MEETING WILL CONVENE AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND • ' CITY COUNCIL AGENDA .aJtrrChO(JLAMONGA MARCH 20, 2013 q7PM J. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. J1. Pledge of Allegiance J2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams K. ANNOUNCEMENTS/PRESENTATIONS K1. Presentation of a Proclamation to RC Quakes Baseball declaring March 28, 2013 as "Dodger Day" in Rancho Cucamonga. L. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. FIRE PROTECTION DISTRICT, =��• PUBLIC FINANCING AUTHORITY AND 4 •_•• CITY COUNCIL AGENDA w• MARCH 20, 2013 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. M. CONSENT CALENDAR - FIRE PROTECTION DISTRICT Ml. Approval of Minutes: March 6, 2013(Regular Meeting) M2. Approval of Check Register dated February 27, 2013 through March 12, 2013 for the total 1 of$223,657.04. M3. Approval to receive and file current Investment Schedule as of February 28, 2013. 5 M4. Approval to adopt an annexation map showing Assessor Parcel Number 0227-732-01 9 (Robert & Heather Radford, owners), located at 13606 Jeremy Court, east of East Avenue and south of the 1-210 Freeway, which is proposed to be annexed into CFD 85-1. RESOLUTION NO. FD. 13-010 11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 13-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 M5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 13-1 (APN: 0227-732-01, Robert & Heather Radford, Owners), located at 13606 Jeremy 13 Court., east of East Avenue. and south of the 1-210 Freeway into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD. 13-011 15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 13-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 18141. ' FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 7 • '•. CITY COUNCIL AGENDA MARCH 20, 2013 03. Approval to receive and file current Investment Schedule as of February 28, 2013. 04. Accept landscape improvements for Tract 17651, located at the south side of Banyan Street, east of East Avenue, submitted by K. Hovnanian at Andalusia, LLC. RESOLUTION NO. 13-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17651 AND AUTHORIZING THE FILING FOR A NOTICE OF COMPLETION FOR THE WORK 05. Approval of a request from Run for the Wall for a waiver of fees and charges for local events associated with the 2013 Run to be held May 15, 2013. 06. Amendment to City Manager employment contract. 07. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, authorizing the City Manager to execute agreements with the California Department of Transportation for the City of Rancho Cucamonga Active Transportation Plan. (Added by Urgency) RESOLUTION NO. 13-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF RANCHO CUCAMONGA ACTIVE TRANSPORTATION PLAN PLEASE SEE THE STAFF REPORT FOLLOWOING PAGE P96 Aprvd 5-U. P. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. P1. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Cardenas Family Trust, Owner — APN 0201-043-64 - Annexation No. 88-13-1) located on the northeast side of Spector Court and Archibald Avenue to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 i:• .�. .* '* J CITY COUNCIL AGENDA MARCH 20, 2013 M6. Approval to adopt a new Resolution of Intention to Annex Territory referred to as 25 Annexation No. 11-2 (APNs: 1089-081-16, 17, 20 & 21, Water Mill Homes, Inc.). into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. 27 RESOLUTION NO. FD. 13-012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11-2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 IN. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY I N1. Approval of Minutes: March 6, 2013 (Regular Meeting) 0. CONSENT CALENDAR - CITY COUNCIL I 01. Approval of Minutes: March 6, 2013 (Regular Meeting) 02. Approval of Check Register dated February 27, 2013 through March 12, 2013 and payroll 37 ending March 12, 2013 for the total of$2,747,301.26. 03. Approval to receive and file current Investment Schedule as of February 28, 2013. 75 04. Accept landscape improvements for Tract 17651, located at the south side of Banyan 86 Street, east of East Avenue, submitted by K. Hovnanian at Andalusia, LLC. RESOLUTION NO. 13-029 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17651 AND AUTHORIZING THE FILING FOR A NOTICE OF COMPLETION FOR THE WORK 05. Approval of a request from Run for the Wall for a waiver of fees and charges for local 89 events associated with the 2013 Run to be held May 15, 2013_ 06. Amendment to City Manager employment contract. 94 FIRE PROTECTION DISTRICT, • =••• PUBLIC FINANCING AUTHORITY AND 6 ,:•CITY COUNCIL AGENDA MARCH 20, 2013 P. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. P1. Adoption of a Resolution making determinations regarding the proposed annexation of 97 territory (Cardenas Family Trust, Owner — APN 0201-043-64 - Annexation No. 88-13-1) located on the northeast side of Spector Court and Archibald Avenue to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD. 13-013 100 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 88-13-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY P2. Adoption of a Resolution making determinations regarding the proposed annexation of 107 territory (Randy & Julie Twist, Owners — APN 1043-151-22 - Annexation No. 88-13-2) located on the northeast corner of Banyan Street and Indigo Avenue to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. 110 RESOLUTION NO. FD. 13-014 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 88-13-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY 13%4 FIRE PROTECTION DISTRICT, " � • PUBLIC FINANCING AUTHORITY AND 7 L••-:,� CITY COUNCIL AGENDA MARCH 20, 2013 Q. ADMINISTRATIVE HEARING ITEMS CITY COUNCIL Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. 01. A Resolution granting consent to the City of Ontario to form the Greater Ontario Tourism 117 Marketing District. RESOLUTION NO. 13-027 127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT (GOTMD) Q2. Review of public engagement process results and initiation of next steps regarding options 129 to address the structural budget deficit In Landscape Maintenance District 2 (Victoria Neighborhood) R. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. R1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) S. IDENTIFICATION OF ITEMS FOR NEXT MEETING T. ADJOURNMENT I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 14, 2013, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. , , T'''‘. , Aliaa, „,,,re4 .0 ,A14t 0 1 uc 9 T J 0 Q m ' iii ,eNTER P jQ 28TH - 6:00 G /lkla INDIAN BN6 o AIIAVCO Ui' uin UAIINI n 2°v, 2013 DflCO(!$TCflDV INDIAN AN , BMANUEL E Proclamation WHEREAS, the City of Rancho Cucamonga, Rancho Cucamonga Quakes Baseball and the Los Angeles Dodgers have developed an outstanding partnership that has benefitted our community; and WHEREAS, the Rancho Cucamonga Quakes and the Los Angeles Dodgers have demonstrated their commitment to the Rancho Cucamonga community through their generous support of City programs and activities; and WHEREAS, the City council of the City of Rancho Cucamonga wishes to celebrate and support the Rancho Cucamonga Quakes Baseball versus the Los Angeles Dodgers Exhibition Game to be played on March 28, 2013 at 6::05 p.m. at the Epicenter in the City of Rancho Cucamonga. NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby proclaim March 28, 2013 as "Dodger Day" in the City of Rancho Cucamonga. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 28th day of March, 2013. March 6, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETINGS MINUTES A. CALL TO ORDER I The Rancho Cucamonga City Council and Fire Protection District held a closed session on Wednesday, March 6, 2013 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. . Also present were: John Gillison, City Manager; City Attorney James Markman, Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: Dl. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956. 8 FOR PROPERTY LOCATED AT 7391 EAST AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100- 771- 08; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA, AND PROPERTY OWNERS, RICHARD P. CHADO, DARLENE L. CHADO, AND ANTHONY C. CHADO AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.—CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100- 771- 01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA- AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY. – CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100- 771- 02; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/ LEWIS- FONTANA, A CALIFORNIA GENERAL PARTNERSHIP, AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY. - CITY * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting– March 6, 2013- Page 1 of 7 D4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) D5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — CITY OF RANCHO CUCAMONGA VS. CHARTER COMMUNICATIONS ENTERTAINMENT II, LLC, CASE NO. CIVRS1209807. — CITY D6. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE FIRE MANAGEMENT GROUP AND THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 227— FIRE D7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B)— CITY IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS __J No announcements were made. F. RECESS The closed session recessed at 6:30 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Vice President/Vice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Trang Huynh, Building & Safety Services Director; Mike Newcombe, Police Chief; Candyce Burnett, Planning Manager; Veronica Fincher, Animal Care and Services Director; Bill Wittkopf, Public Works Services Director; Fire Chief Mike Bell; Janice Reynolds, City Clerk; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Healthy RC Dining Presentation Ruben Brambilia, Healthy RC Kids Project Manager and Rajwinder Kaur, Healthy RC Intern. introduced the Healthy RC Dining participants. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — March 6, 2013- Page 2 of 7 I. PUBLIC COMMUNICATIONS I 11. Jennie Johnson indicated that she was present to raise awareness about the lack of resources for homeless youth. 12. Jim Heitman, representing the Rancho Cucamonga Chamber of Commerce, thanked the City and its leadership team for helping to foster a great local economy and a business friendly environment. He announced upcoming grand openings and a new member meet and greet on March 12, 2013 at Lucille's. 13. Kevin King was appalled when he attended a recent open house on the lack of dogs. He expressed a concern with housing one dog per kennel. Mr. King questioned why the City would turn away volunteer help. 14. Ondra Gilbertson spoke about her experiences at the Animal Care and Services Center, noting that volunteers are desperately needed. She indicated that no videos are being taken of the play groups, and stated that when she comes in half of the dogs in the facility have not been walked. 15. Dana Keithly noted that some dog beds had holes in them and some dogs did not even have beds. She wondered how the money from the Furry Friends Festival was being used. Ms. Keithly pointed out that the terminated volunteers were not costing the taxpayers any money. She noted that volunteer activities are now being done by staff or not at all. She recently contacted a local business and was told that the Center staff had told them that it didn't have the volunteer force to provide adoptions at their business. 16. Susan Keithly questioned the documents provided by the Center on the number of volunteers and the volunteer hours. She noted that there are only 80 active volunteers, not 150. Two volunteers had hours carried over from 2011. Volunteers are receiving recognition for time they did not work. Ms. Keithly noted that the Center is not thriving and stated that more dogs have been euthanized than ever before. 17. Jeff Widen spoke about the regulations in Chapter 17.68.060 of the Municipal Code relating to recreational vehicles. He questioned why code enforcement is not following the regulations but instead are using existing case law to ignore the Municipal Code. 18. Victor Muniz distributed a letter to the City Council, requesting an audited report of expenditures on Landscape Maintenance District No. 2 (LMD 2). He noted that the City's response to his previous request was unacceptable and indicated that he refused the documents that were provided. Mr. Muniz noted that he was disappointed with the misleading brochure that was recently mailed to the property owners. He indicated that he would meet with the Mayor to discuss actions that could be taken in LMD 2 but not to discuss a tax increase. 19. Terry Jacobs addressed Ms. Keithly's statements regarding her volunteer service. Ms. Jacobs provides foster care and began volunteering for the Animal Care and Services Center in 2006. She stated that she had a significant vested interest in how the funds are being used and stressed that all money donated to the Center goes to the Center. She was proud and thankful of the services that were provided to the community. 110. John Lyons referenced Mr. Muniz's statements and pointed out that the assessment is not a tax, but a fee for service. He spoke about his dog, Crunch, and his good relationship with the Animal Care and Services Center. Lastly, Mr. Lyons reported that the Sacred Heart Catholic Church will be hosting a 50th anniversary celebration for Rev. Fred Gaglia. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— March 6, 2013 - Page 3 of 7 J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: February 20, 2013 (Regular Meeting) J2. Approval of Check Register dated February 13, 2013 through February 26, 2013 for the total amount of$232,693.16. J3. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 12-7 and ordering the annexation of such property located on the southeast corner of Etiwanda Ave. and Miller Ave., to Community Facilities District No. 85-1 (Lennar Homes of CA, Owner—APN: 1100-131-01). RESOLUTION NO. FD 13-009 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO.12-7 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. IK. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: February 20, 2013 (Regular Meeting) MOTION: Moved by Williams, seconded by Alexander, to approve the minutes. Motion carried 5- 0. L. CONSENT CALENDAR - CITY COUNCIL City Manager Gillison pulled Item L12 from the agenda and stated that it would be continued to another meeting. L1. Approval of Minutes: February 20, 2013 (Regular Meeting) January 9, 2013 (Special Meeting) December 18, 2012 (Special Meeting) L2. Approval of Check Register dated February 13, 2013 through February 26, 2013 and payroll ending February 26, 2013 for the total amount of$6,026,779.98. L3. Accept the Citywide Street Name Sign Replacement — FY 11/12, Contract No. CO 12- 020, as complete; release the bonds, accept a maintenance bond; approve the Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention, and approve the final contract amount of$40,460.25. RESOLUTION NO. 13-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING THE CITYWIDE STREET NAME SIGN REPLACEMENT — FY 11/12 PROJECT, CONTRACT NO. 12-020 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L4. Approval to supplement Purchase Order No. 054290 in the Amount of $190,500, for a total of $236,500, for a contract with Sigmanet Inc. to provide temporary services to the Information Services Division. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— March 6, 2013 - Page 4 of 7 L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2012/13 Local Street Pavement Rehabilitation — Overlay of Various Streets, to be funded from Gas Tax RT 7360, Account No. 11743035650/1022174-0, and Proposition 42, Account No. 11903035650/1022190-0 for construction of said project. RESOLUTION NO. 13-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2012/13 LOCAL STREET PAVEMENT REHABILITATION — OVERLAY OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2012/13 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets, to be funded from Gas Tax RT 7360, Account No. 11743035650/1022174-0, and Proposition 42, Account No. 11903035650/1022190-0 for construction of said project. RESOLUTION NO. 13-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2012/13 LOCAL STREET PAVEMENT REHABILITATION — SLURRY SEAL OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L7. Accept the Hellman Avenue Master Plan Storm Drain and Street Improvements - Phase 2 (from Cucamonga Creek Channel to ±200' north of 8th Street) project, Contract No. 12- 042 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $7,390,146.50. RESOLUTION NO. 13-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HELLMAN AVENUE MASTER PLAN STORM DRAIN AND STREET IMPROVEMENTS - PHASE 2 (FROM CUCAMONGA CREEK CHANNEL TO ±200' NORTH OF 8TH STREET) PROJECT, CONTRACT NO. 12-042, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L8. Accept Improvements, release the faithful performance bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 18449, located on the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Richmond American Homes. RESOLUTION NO. 13-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18449 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L9. Accept the Solar Photovoltaic System installation at the Paul A. Biane Library at Victoria Gardens, Contract No. 12-081 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract Account of$77,361.15. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— March 6, 2013 - Page 5 of 7 RESOLUTION NO. 13-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SOLAR PHOTOVOLTAIC SYSTEM INSTALLATION AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS CONTRACT NO. 12-081 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L10. Approval of Amendment No. 1 to the Billboard Relocation Agreement (CO 09-179) between San Diego Outdoor Advertising Inc. dba General Outdoor Advertising and the City of Rancho Cucamonga. L11. Authorization to accept additional 2010 Homeland Security Grant Program Funding in the Amount of $33,675.00 into Acct. No. 1381000-4740 (Grant Income); authorization to award the purchase of one (1) 2013 F-150 Super Crew 4X4 Pickup Truck to Frontier Ford as per Request for Quote ("RFQ") #116044 in the Amount of$28,215.81; authorization to appropriate $33,675.00 into Acct. No. 1381701-5604 (Capital Outlay-Vehicle); and authorization for the transfer of the Pickup Truck to the County of San Bernardino to facilitate its use for Police Department Services. L12. A Resolution granting consent to the City of Ontario to form the Greater Ontario Tourism Marketing District. (Removed from the agenda and continued to another meeting) RESOLUTION NO. 13-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT (GOTMD) MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in 9 P the remaining re orts. Motion carried 5-0. M. CITY MANAGER'S STAFF REPORTS — CITY/FIRE The following items have no legal publication or posting requirements. M1. Presentation of the 2012 Department Statistics Report highlighting the Activities and Achievements of Each City Department. (Oral Report) Donna Finch, Management Analyst I, presented the staff report. M2. Animal Care and Adoption Center 2012 Annual Report. (Oral Report) Veronica Fincher, Animal Care and Services Director, and staff members presented the staff report. M3. Adoption of Resolution approving the City of Rancho Cucamonga's participation in the San Bernardino County Recycling Market Development Zone Program. RESOLUTION NO. 13-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CITY OF RANCHO CUCAMONGA'S PARTICIPATION IN THE SAN BERNARDINO COUNTY RECYCLING MARKET DEVELOPMENT ZONE * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting– March 6, 2013 - Page 6 of 7 Fabian Villenas, Principal Management Analyst, presented the staff report. MOTION: Moved by Alexander, seconded by Williams, to adopt Resolution No. 13-028. Motion carried 5-0. N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. N1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Steinorth read a letter from Jeri Lee thanking Chief Bell and the Fire Department for saving her life. Mayor Pro Tern Spagnolo indicated Frank is home recovering from his open heart surgery. He also thanked the Fire Department as he had needed their assistance recently. Mayor Pro Tern Spagnolo reported on several Omnitrans meetings in which the focus has been on improving Omnitran's image. Also, the Board is discussing the possibility of forming a transit authority. In response, Council Member Williams noted that she recently saw a bus on Base Line that was filled to capacity. Council Member Alexander commented on the testimony received on the Animal Care and Services Center. He hoped that both sides could work together to seek a better understanding. Mayor Michael reported on a recent San Bernardino Associated Governments (SANBAG) meeting. There is a call for applications for pedestrian/bicycle facility projects, considered and approved a Property Assessed Clean Energy (PACE) Program, and approval of an agreement to proceed with the Interstate 15/Base Line Road Interchange Improvements. 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified. P. ADJOURNMENT I After a moment of silence for Detective Jeremiah MacKay, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * * * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — March 6, 2013 - Page 7 of 7 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 2/27/2013 through 3/12/2013 • Check No. Check Date Vendor Name Amoum AP 00333680 2013/02/271 ALL CITIES TOOLS 306.72 AP 00333680 2013/02/271 ALL CITIES TOOLS 117.72 AP 00333680 2013/02/271 ALL CITIES TOOLS 59.40 AP 00333695 2013/02/27( BAUER COMPRESSORS 3,733.54 AP 00333700 2013/02/27 l BOUND TREE MEDICAL LLC. 470.58 AP 00333700 2013/02/271 BOUND TREE MEDICAL LLC. 313.72 AP 00333700 2013/02/27( BOUND TREE MEDICAL LLC. 342.00 AP 00333706 2013/02/27( CALPERS 6,555.00 AP 00333706 2013/02/27( CALPERS 209.00 AP 00333707 2013/02/27( CARQUEST AUTO PARTS 332.48 AP 00333707 2013/02/27( CARQUEST AUTO PARTS 163.76 AP 00333707 2013/02/27( CARQUEST AUTO PARTS 79.35 • AP 00333707 2013/02/27( CARQUEST AUTO PARTS 99.66 AP 00333709 2013/02/271 CENTER FOR PUBLIC SAFETY EXCELLENCE INC 650.00 AP 00333711 2013/02/271 CHIEF SUPPLY 176.89 AP 00333719 2013/02/27 ( COMPRESSED AIR SPECIALTIES 391.72 AP 00333721 2013/02/271 COUNSELING TEAM INTERNATIONAL,THE 500.00 AP 00333727 2013/02/27( DANIELS TIRE SERVICE 5,215.40 AP 00333727 2013/02/271 DANIELS TIRE SERVICE 2,568.78 AP 00333735 2013/02/27( EIGHTH AVENUE ENTERPRISE LLC 59.26 AP 00333737 2013/02/27( ESI ACQUISITIONS INC 4,950.00 AP 00333741 2013/02/27( FIREMASTER 1,586.40 AP 00333741 2013/02/27( FIREMASTER 180.00 AP 00333743 2013/02/27( FLEET SERVICES INC. • 69.73 AP 00333743 2013/02/27( FLEET SERVICES INC. 141.56 AP 00333745 2013/02/27 1 FRONTIER FORD 50,875.78 AP 00333745 2013/02/271 FRONTIER FORD 25,437.89 AP 00333751 2013/02/271 GOODYEAR TIRE&RUBBER COMPANY 1,452.70 AP 00333751 2013/02/271 GOODYEAR TIRE&RUBBER COMPANY 715.51 AP 00333751 2013/02/271 GOODYEAR TIRE&RUBBER COMPANY 6,927.65 AP 00333751 2013/02/271 GOODYEAR TIRE&RUBBER COMPANY 3,412,12 AP 00333755 2013/02/27 l GT ENGINEERING 225.00 AP 00333764 2013/02/27( HOYT LUMBER CO.,SM 16.51 AP 00333764 2013/02/27( HOYT LUMBER CO.,SM 13.68 AP 00333767 2013/02/27 l INLAND CARDIOLOGY 275.00 AP 00333776 2013/02/27( KAMAN INDUSTRIAL TECHNOLOGIES 97.91 AP 00333776 2013/02/271 KAMAN INDUSTRIAL TECHNOLOGIES 198.80 AP 00333777 2013/02/27( KME FIRE APPARATUS 1,371.51 AP 00333777 2013/02/27( KME FIRE APPARATUS 675.52 AP 00333782 2013/02/271 LIFE ASSIST INC 906.60 • AP 00333782 2013/02/271 LIFE ASSIST INC 143.13 AP 00333782 2013/02/271 LIFE ASSIST INC 307.36 AP 00333794 2013/02/271 NAPA AUTO PARTS 21.99 AP 00333796 2013/02/27( NOREEN,ERIC 100.00 AP 00333799 2013/02/271 OFFICE DEPOT 555.17 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 03/13/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 2/27/2013 through 3/12/2013 Check No. Check Date Vendor Name Amouni AP 00333799 2013/02/271 OFFICE DEPOT 5.25 AP 00333799 2013/02/27( OFFICE DEPOT 47.07 AP 00333799 2013/02/27( OFFICE DEPOT 135.70 AP 00333812 2013/02/27( PROBST,GARY 50.00 AP 00333815 2013/02/27( RAMBAUD,BRET 50.00 AP 00333815 2013/02/27( RAMBAUD, BRET 200.00 AP 00333823 2013/02/27 ( RODRIGUEZ INC, R Y 401.00 AP 00333823 2013/02/27( RODRIGUEZ INC, R Y 404.40 AP 00333827 2013/02/271 SAN BERNARDINO CTY TRAINING OFFICERS 50.00 AP 00333833 2013/02/271 SMART AND FINAL 125.34 AP 00333833 2013/02/27( SMART AND FINAL 53.14 Ap 00333834 2013/02/27( SO CALIF GAS COMPANY 241.34 AP 00333834 2013/02/27( SO CALIF GAS COMPANY 486.77 AP 00333834 2013/02/27( SO CALIF GAS COMPANY 376.39 AP 00333836 2013/02/27( SOUTH COAST AQMD 310.85 AP 00333836 2013/02/27( SOUTH COAST AQMD 115.56 AP 00333844 2013/02/27( SOUTHERN CALIFORNIA EDISON 1,213.69 AP 00333844 2013/02/27( SOUTHERN CALIFORNIA EDISON 62.89 AP 00333844 2013/02/271 SOUTHERN CALIFORNIA EDISON 127.70 AP 00333844 2013/02/271 SOUTHERN CALIFORNIA EDISON 674.21 AP 00333844 2013/02/271 SOUTHERN CALIFORNIA EDISON 1,301.69 • AP 00333867 2013/02/271 VERIZON CALIFORNIA 47.57 AP 00333867 2013/02/27( VERIZON CALIFORNIA 121.34 AP 00333867 2013/02/27( VERIZON CALIFORNIA 42.42 AP 00333867 2013/02/27( VERIZON CALIFORNIA 184.11 AP 00333867 2013/02/27( VERIZON CALIFORNIA 177.42 AP 00333867 2013/02/27( VERIZON CALIFORNIA 478.08 AP 00333867 2013/02/271 VERIZON CALIFORNIA 82.34 AP 00333873 2013/02/271 WAXIE SANITARY SUPPLY 605.25 AP 00333873 2013/02/271 WAXIE SANITARY SUPPLY 605.25 AP 00333873 2013/02/271 WAXIE SANITARY SUPPLY 201.75 AP 00333878 2013/02/271 WINZER CORPORATION 61.51 AP 00333883 2013/02/28( CUCAMONGA VALLEY WATER DISTRICT 142.26 AP 00333883 2013/02/28( CUCAMONGA VALLEY WATER DISTRICT 155,74 AP 00333884 2013/02/28 ( INTERSTATE BATTERIES 376.54 AP 00333884 2013/02/28 ( INTERSTATE BATTERIES 185.46 AP 00333885 2013/02/28 ( KONICA MINOLTA BUSINESS SOLUTIONS USA E 6.10 AP 00333885 2013/02/281 KONICA MINOLTA BUSINESS SOLUTIONS USA E 29.10 AP 00333888 2013/02/281 UNIFIRST UNIFORM SERVICE 62.76 AP 00333888 2013/02/281 UNIFIRST UNIFORM SERVICE 35.64 AP 00333888 2013/02/28( UNIFIRST UNIFORM SERVICE 35.22 AP 00333888 2013/02/28( UNIFIRST UNIFORM SERVICE 31.07 AP 00333888 2013/02/28 ( UNIFIRST UNIFORM SERVICE 27.07 AP 00333888 2013/02/28 ( UNIFIRST UNIFORM SERVICE 47.55 AP 00333888 2013/02/28( UNIFIRST UNIFORM SERVICE 87.30 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 03/13/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 2/27/2013 through 3/12/2013 Check No. Check Date Vendor Name Amouni AP 00333888 2013/02/28( UNIFIRST UNIFORM SERVICE 93.03 AP 00333888 2013/02/28 ( UNIFIRST UNIFORM SERVICE 53.58 AP 00333888 2013/02/28 ( UNIFIRST UNIFORM SERVICE 58.59 AP 00333888 2013/02/28 1 UNIFIRST UNIFORM SERVICE 62.76 AP 00333898 2013/03/061 AFSS 25.00 AP 00333900 2013/03/06 AHS RESCUE 13,964.70 AP 00333901 2013/03/061 ALL CITIES TOOLS 18.31 AP 00333918 2013/03/06( BOUND TREE MEDICAL LLC. 47.50 AP 00333932 2013/03/06( CARNES, SANDY 39.68 AP 00333933 2013/03/06( CARQUEST AUTO PARTS 121.59 AP 00333933 2013/03/06( CARQUEST AUTO PARTS 59.89 AP 00333939 2013/03/061 CONFIRE JPA 23,430.06 AP 00333939 2013/03/061 CONFIRE JPA 18,744.04 AP 00333939 2013/03/06 I CONFIRE JPA 4,686.01 AP 00333950 2013/03/061 DANIELS TIRE SERVICE 41.00 AP 00333964 2013/03/06( EMPLOYMENT DEVELOPMENT DEPT. 5,400.00 AP 00333973 2013/03/06( FIREMASTER 365.76 AP 00333974 2013/03/06( FLEET SERVICES INC. 295.97 AP 00333974 2013/03/06( FLEET SERVICES INC. 145.78 AP 00333975 2013/03/06( FLEETPRIDE 154.32 AP 00333975 2013/03/06( FLEETPRIDE 76.01 AP 00333975 2013/03/061 FLEETPRIDE 264.03 AP 00333975 2013/03/061 FLEETPRIDE 298.94 AP 00333975 2013/03/061 FLEETPRIDE 31.88 AP 00333998 2013/03/06 HOSE MAN INC 204.95 AP 00334004 2013/03/06 ISG INFRASYS 380.00 AP 00334004 2013/03/06( ISG INFRASYS 641.00 AP 00334015 2013/03/06( KME FIRE APPARATUS 292.08 AP 00334023 2013/03/06( LIFE ASSIST INC 360.00 AP 00334023 2013/03/06( LIFE ASSIST INC 1,331.60 AP 00334023 2013/03/061 LIFE ASSIST INC 60.80 AP 00334024 2013/03/061 LITTLE BEAR PRODUCTIONS 400.00 AP 00334041 2013/03/06 NAPA AUTO PARTS 68.94 AP 00334041 2013/03/06( NAPA AUTO PARTS 167.63 AP 00334051 2013/03/06( OFFICE DEPOT 210,32 AP 00334073 2013/03/06( RAYNE WATER CONDITIONING INC 26.25 AP 00334075 2013/03/06( RICHARDS WATSON AND GERSHON 1,109.12 AP 00334078 2013/03/06( RIVERSIDE COUNTY FIRE DEPT 230.00 AP 00334078 2013/03/061 RIVERSIDE COUNTY FIRE DEPT 230.00 AP 00334078 2013/03/061 RIVERSIDE COUNTY FIRE DEPT 230.00 AP 00334083 2013/03/06( SAFE-ENTRY TECHNICAL INC 43.95 AP 00334096 2013/03/061 SO CALIF GAS COMPANY 359.87 AP 00334096 2013/03/06( SO CALIF GAS COMPANY 241.12 AP 00334096 2013/03/06( SO CALIF GAS COMPANY 118.75 AP 00334096 2013/03/06( SO CALIF GAS COMPANY 306.34 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 03/13/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 2/27/2013 through 3/12/2013 Check No. Check Date Vendor Name Amount AP 00334096 2013/03/06( SO CALIF GAS COMPANY 136.62 AP 00334096 2013/03/06( SO CALIF GAS COMPANY 162.03 AP 00334096 2013/03/061 SO CALIF GAS COMPANY 193.47 AP 00334101 2013/03/061 SOUTHERN CALIFORNIA EDISON 502.29 AP 00334101 2013/03/061 SOUTHERN CALIFORNIA EDISON 1,172.49 AP 00334110 2013/03/061 TOLL,RICHARD 45.00 AP 00334123 2013/03/061 VAN GAALEN LOCK&KEY 363.56 AP 00334127 2013/03/061 VERIZON CALIFORNIA 21.30 AP 00334127 2013/03/061 VERIZON CALIFORNIA 128.60 AP 00334127 2013/03/061 VERIZON CALIFORNIA 123.44 AP 00334127 2013/03/061 VERIZON CALIFORNIA 480.07 AP 00334127 2013/03/06( VERIZON CALIFORNIA 480.07 AP 00334127 2013/03/061 VERIZON CALIFORNIA 67.62 AP 00334127 2013/03/061 VERIZON CALIFORNIA 41.15 AP 00334127 2013/03/061 VERIZON CALIFORNIA 41.15 AP 00334127 2013/03/061 VERIZON CALIFORNIA 480.07 AP 00334127 2013/03/061 VERIZON CALIFORNIA 47.56 AP 00334127 2013/03/061 VERIZON CALIFORNIA 21.31 AP 00334128 2013/03/061 VERIZON WIRELESS - LA 1,765.02 AP 00334128 2013/03/06( VERIZON WIRELESS-LA 117.31 AP 00334143 2013/03/06( WLC 3,250.00 AP 00334149 2013/03/06( ZBINDEN,JONATHAN 175.00 AP 00334149 2013/03/06( ZBINDEN,JONATHAN 269.99 AP 00334153 2013/03/071 AIRGAS USA LLC 20.07 AP 00334153 2013/03/071 AIRGAS USA LLC 1,048.19 AP 00334153 2013/03/071 AIRGAS USA LLC 193.17 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 203.45 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 187.57 AP 00334159 2013/03/071 DAISY WHEEL RIBBON CO INC 306.57 AP 00334161 2013/03/071 EMCOR SERVICE 351.00 AP 00334163 2013/03/071 GENERATOR SERVICES CO 1,165.50 AP 00334166 2013/03/07( INTERSTATE BA! 1 CRIES 263.12 AP 00334166 2013/03/07( INTERSTATE BATTERIES 534.21 AP 00334170 2013/03/07 ( LN CURTIS AND SONS 252.30 AP 00334172 2013/03/07 ( UNIFIRST UNIFORM SERVICE 62.76 AP 00334172 2013/03/071 UNIFIRST UNIFORM SERVICE 81.36 AP 00334172 2013/03/071 UNIFIRST UNIFORM SERVICE 46.08 AP 00334172 2013/03/071 UNIFIRST UNIFORM SERVICE 27.48 Total for Entity: 223,657.04 • User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 03/13/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 P5 CO, s > 00 ° N 0 warn c 0 N 0 a b N CO 0 a' Q ^ O rIC C C C �' 0 p .c LL E c O f > 8 N a n N W O LLi S U a m X E 0 !a 0 a 0 0 0 a u C f i m e C7I C m N 0 co 0 J co 0 a ID 7 CO CO c w- W O O O 0 O p' 8`L o O _ C Z' 0 O O U °E c 0) N L Ea .- w - Er L 0! 01 N g.O N - 00 to > N 0am C L. c N 0 O a X 00 O N N 0 d ^ a m 0 a a Q 0 . 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C a \ g / k | k , C j o to en & � § \ re ; ■ff§ tti II el- O. o �{ a.u co o to co NI 02 0 In 4 !| ° ° |( ( - \ ( ( 0 CO r / ;,2f , N cwaw \ t£ 7 o Z. 2 ;• at a C - ) t < o I t Id §| § § ) II k \ z ) 0 CC 0 EW # Ez ! k ! ! 2 . » 77 § ! = o k k 2 � ! ■ , — - 0 — CD C co 1 0 _ N ! o 7 / \ ! ■ ) CO els B co 0 CO 0 •IL 0 . P9 .), STAFF REPORT 'S RANCHO CUCAMONGA FIRE PROTECTION DISTRICT L� J RANCHO Date: March 20, 2013 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 0227-732-01 (ROBERT & HEATHER RADFORD, OWNERS), LOCATED AT 13606 JEREMY CT., EAST OF EAST AVE. AND SOUTH OF THE 1-210 FWY WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 13-1 showing property (located at 13606 Jeremy Ct.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Robert & Heather Radford, owners of certain property (APN 0227-732-01) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, at, Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 13-010 EXHIBIT 'A' - -- -P11 MARCH 2013 SHEET 1 OF 1 ANNEXATION MAP 13-1 OF COMMUNITY FACILITIES DISTRICT NO 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA 210-FWr FISHER DR 1) D FFISHER DR JEREMY CT p yS SMOKESTONEST E ASSESSOR PARCEL • NUMBER 0227-732-01 • • JEREMY CT I- 00 r CC w ® n 0 03 lit • • _- 1 Inch-135085979 leer NOTE:THIS ANNEXATION MAP SHALL GOVERN FOR ALL DETAILS AS TO THE EXTENT OF THE TERRITORY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILITIES DISTRICT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION FILED IN THE OFFICE OF THE SECRETARY OF THE RANCHO CUCAMONGA SIGNATURE: DATE' FIRE PROTECTION DISTRICT,CALIFORNIA.THIS DAY 2013 LEGAL DESCRIPTION: ASST SECRETARY ASSESSOR PARCEL NUMBER RANCHO CUCAMONGA FIRE PROTECTION DISTRICT • 0227-732-01 STATE OF CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF TRACT 15798 LOT 23 BOOK 274 PAGE 94 TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,WAS APPROVED BY THE BOARD OF DIRECTORS OF SUCH FIRE PROTECTION DISTRICT AT A REGULAR MEETING THEREOF.HELD ON THE DAY OF 2013.BY ITS RESOLUTION NO. SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS ANNEXATION MAP AMENDS THE BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO.85-1 OF THE RANCHO CUCAMONGA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS FIRE PROTECTION DISTRICT.COUNTY OF SAN BERNARDINO.STATE OF DAY OF ,2013,AT M.IN BOOK OF MAPS OF CALIFORNIA,PRIOR RECORDED ON AT BOOK OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS,AT THE REQUEST OF IN THE AMOUNT OF$ PAGE ,IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO,CALIFORNIA. DENNIS DRAEGER ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ASST.SECRETARY BY: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA DEPUTY RECORDER P11 RESOLUTION NO. FD 13-010 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 13-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 13-1 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P12 PASSED, APPROVED and ADOPTED this day of , 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _day of 2013. Executed this _day of 2013 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 13-010 - Page 2 of 2 P13 STAFF REPORT . RANCHO CUCAMONGA FIRE PROTECTION DISTRICT L;� J RANCHO Date: March 20, 2013 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXA01ON NO.13-1(APN:0227-732-01—ROBERT&HEATHER RADFORD,OWNERS) LOCATED AT 13606 JEREMY CT.,EAST OF EAST AVE AND SOUTH OF THE I-210 FWY INTO COMMUNITY FACILfIIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SET A TIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 13-1 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Robert & Heather Radford, owners of certain property (APN 0227-732-01) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for May 1, 2013 and (f) election requirements. P14 RESOLUTION OF INTENTION TO ANNEX MARCH 20,2013 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On May 1, 2013, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Resolution No FD 13-011 2. CFD 85-1 Map P15 RESOLUTION NO. FD 13-011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 13-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 13-1 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto,to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory,to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE,the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P16 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District,as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 13-011 - Page 2 of 9 P17 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"),which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory, to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 13-011 - Page 3 of 9 P18 • PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 1st DAY OF MAY 2013, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 13-011 - Page 4 of 9 P19 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 13-011 - Page 5 of 9 P20 PASSED, APPROVED and ADOPTED this day of , 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the_day of 2013. Executed this day of 2013, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No, 13-011 - Page 6 of 9 P21 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services(the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 13-011 - Page 7 of 9 P22 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 13-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 13-1 for Fiscal Year 2012-2013 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($154.78) Multi-Family 2 DU: 1.75 = ($154.78) 3 DU: 2.25 = ($154.78) 4 DU: 2.65 = ($154.78) 5-14 DU: 2.65 = ($154.78) + {.35 (TU-4) ($154.78)} 15-30 DU: 6.15 = ($154.78) + {.30 (TU-14) ($154.78)} 31-80 DU: 10.65 = ($154.78) + {.25 (TU-30) ($154.78)} 81 — up DU: 23.15 = ($154.78) + {.20 (TU-80) ($154.78)} Commercial ($154.78) per acre + $.084 per SF Industrial ($154.78) per acre + $.102 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2012 and each July 151 thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 13-011 - Page 8 of 9 P23 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or"utility release"from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 13-011 - Page 9 of 9 P24 1 CZ l _U) In I t+ N CO . M -- NW •� O o' a " U- co CZ ;4 C _ .l r� u) = Q i `� x J 0 .� ,,\ — � Q �� n m c'In co 1E V �0 0 i `m\ 1F 0 .� my epuemin X .. • ny epueM!Q3 C i a) i Q jii ' Ie Naaa° lea I I 0 ny�a�sayoo� ' Ay aa;sayooa r• i AV ua)1!II!W r-.._.._••_••_.._. i, ny ua)l!II!W i i i ny uaneH i 0 i = ny uaneH ■ i ny esoWJaH i - ny esowJaH i 441 Immi ny ple4!yoly Q. w_ II M - r ny Pleq!y3Jy • ■ r ny uewllaH I • I ' ■ " — ny uewllaH L ! w v ! 4. ny p eneu!A is ue!lawe3 ! il 1- inl .113511?€g'°Pilliegtli 1�.._.._. ��. _ .. ., ny anal g€ s a� 1••'• L_ J — L i i a : - E1 17 (n CCO 0 Q` m iii;;;Iii;:i, 73 C = a ipli liiii( ; ■ ; 24-41118 is P25 AQ-14 STAFF REPORT Tilts RANCHO CUCAMONGA FIRE PROTECTION DISTRICT L� J RANCHO Date: March 20, 2013 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT A NEW RESOLIflON OF INTEN'IlON TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.1 1-2(APNs:1089-81-16,17,20&21(WATER MILL HOMES, INC.)INTO COMMUNITY FACILITIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SETA TIME AND PLACE FOR A PUBUC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a new Resolution of Intention to Annex Territory referred to as Annexation No. 11-2 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND On October 5, 2011 the Board initialized formal annexation proceedings by adopting a resolution approving a boundary map and a Resolution of Intention and setting a public hearing date for November 16, 2011. Prior to the public hearing, staff was notified that Water Mill Homes had not received clear title to the referenced property (APNs 1089-081- 16, 17, 20 & 21) and therefore were not able to proceed in the annexation process. On March 6, 2013, staff was notified by Water Mill Homes that they had received clear title to the referenced property and requested that the annexation process be reinstated. In order to re-initiate formal annexation proceedings, the Fire Board is being asked to adopt a new Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for May 1, 2013 and (f) election requirements. P26 RESOLUTION OF IN 1 ENTION TO ANNEX MARCH 20, 2013 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owner is in support of the annexation procedure. On May 1, 2013, there will be a public hearing for public input/concerns on this matter. Respectfull submitt , Mike Bell Fire Chief Attachments 1. Resolution No. 13-012 2. CFD 85-1 Map P27 RESOLUTION NO. FD 13-012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11-2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 11-2 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto,to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory,to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE,the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P28 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body,a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 13-012 - Page 2 of 9 P29 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"),which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California,a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 13-012 - Page 3 of 9 P3O PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 1st DAY OF MAY 2013, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 13-012 - Page 4 of 9 P31 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. • • Resolution No. 13-012 - Page 5 of 9 P32 PASSED, APPROVED and ADOPTED this day of , 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the_day of 2013. Executed this day of 2013, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 13-012 - Page 6 of,9 P33 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services(the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 13-012 - Page 7 of 9 P34 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 11-2 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 11-2 for Fiscal Year 2012-2013 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($154.78) Multi-Family 2 DU: 1.75 = ($154.78) 3 DU: 2.25 = ($154.78) 4 DU: 2.65 = ($154.78) 5-14 DU: 2.65 = ($154.78) + {.35 (TU-4) ($154.78)} 15-30 DU: 6.15 = ($154.78) + {.30 (TU-14) ($154.78)} 31-80 DU: 10.65 = ($154.78) + {.25 (TU-30) ($154.78)} 81 — up DU: 23.15 = ($154.78) + {.20 (TU-80) ($154.78)} Commercial ($154.78) per acre + $.084 per SF Industrial ($154.78) per acre + $.102 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2012 and each July 151 thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 13-012 - Page 8 of 9 P35 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or"utility release"from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 13-012 - Page 9 of 9 P36 !i ' N a , tea � � � C cep 2 w:4113 N7 woc\il �� N +�}_ ny ti�ay� ) U U o I � ,�Niiim ti x \'\ a' _ J ti.r o Ilial CC CO ri O V O ! ¢ °o 0 j m 2 Oj ._.._. •._...:nb lSe3 .w C ! ,� •t . 16 i v Q. jny epuenn!�3 ny epuenn!o i ill . 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O E 2 ,f co N N 8 ,l 4Eiii8 7,-1 =z 2 2Pg EaE • ;••Zf 42a11/21 lIB ''•_ C) 88 .8.11!ei CITY OF RANCHO CUCAMONGA P37 Agenda Check Register 2/27/2013 through 3/12/2013 Check No. Check Date Vendor Name Amouni AP 00333677 2013/02/27 AGAPE EMPLOYMENT 306.90 AP 00333677 2013/02/27 AGAPE EMPLOYMENT 136.40 AP 00333677 2013/02/271 AGAPE EMPLOYMENT 558.39 AP 00333677 2013/02/271 AGAPE EMPLOYMENT 511.50 AP 00333677 2013/02/271 AGAPE EMPLOYMENT 601.01 AP 00333677 2013/02/27( AGAPE EMPLOYMENT 298.38 AP 00333677 2013/02/271 AGAPE EMPLOYMENT 511.50 AP 00333677 2013/02/27( AGAPE EMPLOYMENT 102.32 AP 00333677 2013/02/27( AGAPE EMPLOYMENT 289.85 AP 00333679 2013/02/271 AIRGAS SAFETY 109.96 AP 00333679 2013/02/27( AIRGAS SAFETY 34.14 AP 00333679 2013/02/271 AIRGAS SAFETY 117.96 AP 00333682 2013/02/271 ANIMAL CARE EQUIPMENT AND SERVICES(AC1 57.75 AP 00333682 2013/02/27( ANIMAL CARE EQUIPMENT AND SERVICES(AC1 7.43 AP 00333687 2013/02/27( ARNOLD FIELDS PANTING 60.00 AP 00333689 2013/02/27( ARROW TRAILER 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DISTRICT 36.80 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 95.60 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 95.60 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 115.82 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 123.14 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 934.72 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 2,779.17 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 83.67 AP 00334158 2013/03/07 1 CUCAMONGA VALLEY WATER DISTRICT 220.43 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 342.81 AP 00334158 2013/03/07 I CUCAMONGA VALLEY WATER DISTRICT 52.88 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 76.86 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 60.98 User: VLOPEZ-VERONICA LOPEZ Page: 36 Current Date: 03/13/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 • CITY OF RANCHO CUCAMONGA P73 Agenda Check Register 2/27/2013 through 3/12/2013 Check No. Check Date Vendor Name Amount AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 111.56 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 225.82 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 75.24 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 76.34 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 161.65 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 14.59 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 142.21 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 210.78 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 262.69 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 177.85 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 150.31 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 189.19 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 326.61 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 111.56 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 181.29 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 181.29 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 156.79 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 40.54 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 30.77 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 182.71 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 253.29 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 345.41 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 187.77 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 445.05 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 49.64 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 52.88 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 51.26 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 100.46 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 70.70 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 223.21 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 70.70 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 103.70 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 124.76 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 100.46 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 34.01 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 78.22 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 141.22 A? 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 269.06 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 156.79 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 280.34 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 360.45 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 44.78 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 528.57 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 43.16 AP 00334158 2013/03/07 ( CUCAMONGA VALLEY WATER DISTRICT 930.96 User: VLOPEZ-VERONICA LOPEZ Page: 37 Current Date: 03/13/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P74 Agenda Check Register 2/27/2013 through 3/12/2013 Check No. Check Date Vendor Name Amouni AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 821.92 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 78.48 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 88.20 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 1,540.45 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 162.82 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 380.38 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 308.54 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 56.12 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 285.98 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 899.00 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 1,421.97 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 128.00 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 110.18 AP 00334158 2013/03/071 CUCAMONGA VALLEY WATER DISTRICT 301.02 AP 00334158 2013/03/07( CUCAMONGA VALLEY WATER DISTRICT 338.39 AP 00334165 2013/03/07( HYDRO SCAPE PRODUCTS INC 50.12 AP 00334165 2013/03/07 l HYDRO SCAPE PRODUCTS INC 19.96 AP 00334165 2013/03/071 HYDRO SCAPE PRODUCTS INC 28.91 AP 00334165 2013/03/071 HYDRO SCAPE PRODUCTS INC 72.54 AP 00334165 2013/03/071 HYDRO SCAPE PRODUCTS INC 496.23 AP 00334166 2013/03/07( INTERSTATE BATTERIES 298.94 AP 00334166 2013/03/07( INTERSTATE BATTERIES -384.00 AP 00334167 2013/03/07( IRONMAN PARTS AND SERVICES 400.00 AP 00334168 2013/03/07( KONICA MINOLTA BUSINESS SOLUTIONS USA L 518.50 EP 00003194 2013/03/06( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 6,875.00 EP 00003194 2013/03/06( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,480.00 EP 00003195 2013/03/061 RCPFA 9,122.36 Total for Entity: 1,727,306.72 • User: VLOPEZ-VERONICA LOPEZ Page: 38 Current Date: 03/13/: Report: CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 P75 ® |I ) ) § § 6 ( » ; ` C ,mi ` f ; 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N ) # || § CO � , ! , t. k c ° i In ) | ca 0 • c . $ f o "6 0 c § er cc, 3 0 te P86 STAFF REPORT ENGINEERING DEPARTMENT I RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: ACCEPT LANDSCAPE IMPROVEMENTS FOR TRACT 17651 LOCATED AT THE SOUTH SIDE OF BANYAN STREET, EAST OF EAST AVENUE, SUBMITTED BY K. HOVNANIAN AT ANDALUSIA; LLC RECOMMENDATION The required landscape improvements for Tract. 17651 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 17651, located at the south side of Banyan Street, east of East Avenue, the applicant was required to complete public landscape improvements along Banyan Street. The landscape improvements have been completed. The subdivision has not competed all of the interior public street improvements so no bonds are being release at this time. Res pectf u lty,s u b m itte d, • '<Mark A. St er Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) P87 /% I 1It ,y I - - 22513111 ° 22610101 ,I--{ I � +l 22:13123 (-i' %��� � d - 1 -�,-.- �� I wn ;FF�. ,; 22513112 / T 1_� in Si,_ ...,.,_ —BanY 51 Banyan'S, .�— .99959999 - B Y 51-— - __ - _ -- I o if i o: o I-o ,g I { 2 I.N 1 ..1 •22610204 'ell i� � § ° I2 •�s 1 � � S F , o , I �I 1 P51 i,-6 -i - 1 1 :3 I 1N N N N h I J .. i 22218131 I _ .._ >�� L i »G1 D206 I 22610211 k1t1 �� { ° ",; `2 22610203 `14� � . ---, S 1' �. 22519105 N �'� • ., 22519117 ,t ' ' N I —�` ry• 1 . 1 ry 1 5y 1 ______________ 11'2,8 1 I N Voi: gi I $ N.- N' $ N i ry II.ry N- 22663j01 N N� � - r_) 62r!~� ._'-'y� a 226 a 1 7t � ~,.. 3'' 2251910,, i 22`215110 1 Y � ill N �, I 22611 X43 22610220•IW i ffff �.. e 8 o V '$ N_`� d� �y[2OJ i 2261020 1 i t - N ry M1 c N 1 .'1 21519, .. - _ r x .{ 7;,a3,0,1,11-it Vitt 05«1 m t .??.,3;.1r4'''''! [5 22219136 f 22519123 0 ko !!JTIJ 1 f" tiom- 4 4� 8 Go f4 N& i°1 2, t�4.. r 3 ,+yp� ` � '-P .,, _- {{1.1 L 1 1'1 : _ rty;o-<ai, "2' .4- ,, "tIZI.., 3':7'.7SSY",y, i'la�.T5,�°� 'i:?�y 0-:ra k l �",,��,t 9_Z+ �1+�«44,,Pgr:t.c26102Pel0 r72610221r I 1 +:1,! I0IiUil 'I r 6 f.4^I' v 22513113 n�'YZ' + 141 w'3^�i X ' f t" ‘I: T Y '+ 0 17/e`-'1V9.11- 1 + d ).o-,- ,ur a 1225,910- e�w A '5,b iv4 ¢'k `4,114� 4 , f"+� 4� e- ' o >. '. .,r..,z11, 9th,�:.. - -,- ° ..'D.d. Vicinity Map TR 17651 & 18708 Not to scale N • w • B Printed: Mar 12,2012 s P88 RESOLUTION NO. 13-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17651 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 17651 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 13-029 - Page 1 P89 STAFF REPORT % COMMUNITY SERVICES DEPARTMENT LJ RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Daniel Schneider, Community Services Supervisor�r Subject: APPROVAL OF A REQUEST FROM RUN FOR THE WALL FOR A WAIVER OF FEES AND CHARGES FOR LOCAL EVENTS ASSOCIATED WITH THE 2013 RUN RECOMMENDATION: It is recommended that the City Council approve a request from Run for the Wall for a waiver of fees and charges for local events/activities associated with the Run which will take place on May 15, 2013 in Rancho Cucamonga. BACKGROUND: Run For The Wall (RFTW) was started in 1989 as an effort by James Gregory and Bill Evans. They were Vietnam Veterans who traveled across the United States on motorcycles, talking to local radio, TV, and newspapers about the fact that thousands of men and women were still unaccounted for from all of our wars. The RFTW, now a non- profit organization, continues this tradition every May. RFTW gets its message to the public across by riding through the United States to the Vietnam Wall in Washington, D.C. Their primary mission is to promote healing among all veterans and their families and friends. RFTW's goals are: ' • To guide the participants across America. • To educate future generations as to the importance of accountability in wartime actions emphasizing that no one should be left behind. ➢ To participate in Rolling Thunder in support of their demand for government accountability for Prisoners of War (POWs) and the Missing in Action (MIAs). For several years, Jim Frost, City Treasurer, coordinated the RFTW in Rancho Cucamonga. Last year and again this year, the effort is being spearheaded by Harry Steelman. On behalf of the RFTW organization, Mr. Steelman has sent a letter to the City requesting that the City Council waive all fees and associated support costs for the Run which will leave from Victoria Gardens in Rancho Cucamonga on May 15, 2013, to travel cross country to Washington, D.C. P90 APPROVAL OF A REQUEST FROM RUN FOR THE WALL FOR A WAIVER OF FEES AND PACaa 2 CHARGES FOR LOCAL EVENTS ASSOCIATED WITH THE 2013 RUN MARCH 20,2013 Since this year there is no formal contract between the City and RFTW, the City's Risk Management Coordinator is requesting that RFTW pull a Temporary Use Permit through the Planning Division so participating City departments can review/sign-off on the event and have a written permit in place of a contract. ANALYSIS: City staff has scheduled a meeting with Mr. Steelman regarding RFTW's request for support from the City through the City's Event Team Meeting format. RFTW is requesting the following as outlined below: • On Wednesday, May 15, 2013, RFTW participants will meet at Victoria Gardens in the parking lot adjacent to JC Penney's between 4:00 am and 8:00 am in anticipation of the start of their journey. Here, participants will receive a free breakfast and coffee donated through local merchants. The use of Victoria Gardens parking facilities has been approved by Forest City Management (see attached Agreement). At approximately 7:45 am and 8:00 am RFTW participants will exit the parking lot with assistance by the Rancho Cucamonga Police Department onto southbound Day Creek Blvd. where they will travel in tandem to south 1-15. The following is a list of specific resources that have been requested by the RFTW for this activity: > 3-man crew from Public Works between the hours of 6:00 am until 8:30 am; > Trash containers and approximately 100 cardboard waste containers and liners; > 2 deputies and 1 Supervisor from the Victoria Gardens Substation from 6:00 am until approximately 8:00 am; and > 5 Traffic Deputies and 2 Supervisors from 6:00 am until approximately 8:00 am. Public Works and Police have stated that their services can be provided for the RFTW events within their regular work schedules. • Similar to prior years, the RFTW is requesting, if possible, 600 City logo pins to distribute to RFTW participants. Staff is looking into the availability of the pins. Estimated costs of the logo pins if they are available and if the City approves the request is: $300. In order to ensure the safety of the participants in the local events/activities as well as the general public it is recommended that the City Council approve the request from the RFTW. RFTW will be providing the City with special event insurance for their event • naming the City of Rancho Cucamonga as additionally insured. A side benefit of their event is the fact that riders from across the United States will converge in Rancho Cucamonga in mid-May adding to the to the local economy and media coverage brought to the City. • P91 APPROVAL OF A REQUEST FROM RUN FOR THE WALL FOR A WAIVER OF FEES AND PAGE 3 CHARGES FOR LOCAL EVENTS ASSOCIATED WITH THE 2013 RUN MARCH 20,2013 FISCAL IMPACT: Should the City Council approve the waiver of fees and charges associated with the Run for the Wall event, the total amount waived would be $600. The RFTW would be required to provide the necessary insurance coverage for the full time frame of their event. Respectfully submitted, Nettie Nielsen Community Services Director Attachments 1:1COMMSERVICouncil&Boards\CityCouncil\StafReports12013 P92 POW - MIA Dedicated to Prisoners of War 6Z Missin g in Action I tuft nz,L. INA VG ride or those who can 't P.O. Box 14423, Odessa, Texas 79768 www.rftw.org 2013 Board of Mr. Daniel Schneider Directors Community Services Department City of Rancho Cucamonga President January 22, 2013 Ray McDowell Dear Mr. Schneider; Chairman John Barker As the logistical details for the 25th Run For The Wall fall into place across our country, your City council should be increasingly aware that the focal point of this massive effort Secretary/Treasurer will be Rancho Cucamonga and Victoria Gardens. Riders from across the country will Ken Hargrove converge here in May, adding to tourist revenues and media coverage brought to your city. Merchandise/ Purchasing On behalf of Run For The Wall, we request that the City of Rancho Cucamonga waive all Dave Gladwill facility rental fees, and associated support costs for our event. We will be providing our own special event insurance as necessary with the City continuing to be named as Operations Additional Insured. We will also secure a Business License in order that we might do &Training some minor retail business with our RFTW merchandise. We have done this for the past Harry Steelman couple of years. Public Relations/ As has been the case for the past several years, Run For The Wall is not requesting the use Communications of your Central Park Facility this year, however we truly appreciate your having offered Daryl Neil us the opportunity to hold dinners there in 2008 & 2009. We will also not be requesting the use of the east Epicenter parking lot as we will be requiring our safety escorts to Risk Manager/ receive their training prior to arriving in southern California. What we are requesting is as Purchasing follows: Ray McDowell Police support in traffic control to assist riders from the Victoria Gardens parking 2012 CR lot to Interstate 15 on Wednesday morning, May 15'2013. Coordinator Stan Handley Public Works support in setting up and removing trash containers on the morning of Wednesday, May 15th. They have performed spectacularly in the past, and 2012 SR when we failed to request their support, our trash bags proved inadequate for our Coordinator Laurie Clay needs. P93 ° lei , 3 LK I � J. L Mr. Schneider 1/24/13 Page 2 We will also be offering our riders an opportunity to visit the Riverside National Cemetery and Medal of Honor Memorial en mass. This will be on Tuesday Morning, May 14th. We did this last year with approximately 50-60 riders participating. While we have no way of determining just how many riders will go this year, we do expect record numbers in Rancho Cucamonga to celebrate our 25th anniversary. Jim Frost is leading this effort again this year. I have told our Board of Directors that I am providing the Sheriffs Dept an alert in case they might see the need to provide some protection as we leave the Hilton Garden Inn parking lot at about 9:30 am. We have not needed them in the past,however we do not want to unnecessarily inconvenience the citizens of your city. With a little bit of help we can be out of town in 10 minutes. Our Road Guards stand ready to assist. An additional request would be for the city to consider once again providing logo pins for registered participants. I've hesitated in making this request due to the obvious budgetary impacts in our current economy, but chose to repeat it because of the obvious good will and name recognition that they will provide to your city. If this is not possible, we will understand. Again,the Run For The Wall and its' riders are extremely appreciative and humbled by the hospitality that your fair city has shown us in the past. It is our hope that we can continue to build on this relationship in the future and enjoy the benefits that both entities realize from it. Our sincere thanks, Harry Steelman Director, Operations and Training Run For The Wall XXV (2013) 949-422-8325 (Cell) rftwattitude @gmail.com P94 STAFF REPORT y ADMINISTRATIVE SERVICES DEPARTMENT L;� RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council From: Lori Sassoon, Deputy City Manager/Administrative Services By: Chris Paxton, Human Resources Director of Subject: AMENDMENT TO CITY MANAGER EMPLOYMENT CONTRACT RECOMMENDATION Staff recommends the City Council approve the attached amendment to the employment agreement between the City Council of the City of Rancho Cucamonga and City Manager John Gillison. BACKGROUND The City Council on July 6, 2011 approved an employment contract with John Gillison to serve as City Manager with an effective date of September 1, 2011. That agreement provides for annual performance reviews with consideration for merit salary increases. City Councilmembers recently completed the annual evaluation of Mr. Gillison and now desire to increase his monthly salary by five percent (5%) as described in the attached amendment to the employment contract. In addition, Mr. Gillison's contract currently provides that he shall contribute one percent (1%) of the employer share of the PERS retirement contribution. At his request, Mr. Gillison desires to contribute an additional four percent (4%) toward the employer share of PERS contribution for a total contribution of five percent (5%). Upon Council approval these changes will take effect March 25, 2013. Attachment: 1. Amendment No. 3 to Employment Agreement P95 AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT This Amendment No. 3 is made and entered into and shall be effective as of March 25, 2013 by and between the CITY OF RANCHO CUCAMONGA, California, a municipal corporation, hereinafter called "the City", the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, and JOHN ROBERT GILLISON, hereinafter called"Employee." A. Recitals. (i) Effective September 1, 2011, City employed Employee as City's City Manager pursuant to the terms and conditions contained in an employment agreement ("the Agreement" hereinafter). (ii) Amendment No. 1 to the Agreement concerning contract termination was entered into as of March 7, 2012. (iii) Amendment No. 2 to the Agreement concerning the payment of Employee's P.E.R.S. rate was made as of July 1, 2012. (iv) The parties desire to again amend the Agreement to provide for Employee increasing his contribution to the costs of retirement. B. Amendment. NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 4 of the Agreement hereby is amended to read as follows: "4. Salary. Effective March 25, 2013, City shall pay Employee for the performance of Employee's duties as City Manager under this Agreement, a monthly salary of$20,940.00, less customary and legally required payroll deductions. Salary and/or benefit adjustments shall be considered by the City Council annually in conjunction with Employee's annual performance evaluation pursuant to paragraph 8 of this Agreement. Employee shall be eligible for regular annual merit increases in the same amount and manner as provided for other Executive Management employees in the City's Personnel Rules and Regulations and then effective Executive Management Memorandum of Understanding. In addition, Employee shall receive non-merit increases in the same amount and at the same time as that provided to other Executive Management employees. City shall not, at any time during the term of this Agreement, reduce Employee's salary or benefits unless such reduction is imposed across-the-board for all Executive Management employees of the City." -1- 11231-0001\1442439v1.doc - P96 2. Paragraph 5 hereby is amended to read as follows: "5. Benefits. Employee shall receive the same benefits, including leave accruals and cash out provisions, holidays and other benefits on the same terms and conditions as provided to other Executive Management employees, with the following exceptions: a. Deferred Compensation—City shall contribute 1% more than the highest amount provided to any other Executive Management employee into both employee's 401 plan and his 457 plan; and b. Commencing March 25, 2013, Employee shall pay five percentage points of the total percentage points paid as City's Employer P.E.R.S. rate." 3. Other than as expressly amended hereby,the Agreement, as heretofore amended, and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 as of the dates set forth below: CITY OF RANCHO CUCAMONGA Dated: By: L. Dennis Michael, Mayor ATTEST: City Clerk EMPLOYEE Dated: By: John Robert Gillison Approved as to form: James L. Markman City Attorney -2- 11231-0001\1442439v1.doc Item 07.,added by urgency-Consent Calendar,City Council-March 20,2013-Regarding eligible to receive Federal and/or State funding for certain transportation planning related plans,through the California Department of Transportation STAFF REPORT CITn MANAGER'S OFFICE L RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Erika S. Lewis-Huntley, Management Analyst II Subject: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF RANCHO CUCAMONGA ACTIVE TRANSPORTATION PLAN RECOMMENDATION Staff recommends that the City Council approve Resolution No. 13-031 authorizing the City Manager, or designee, to execute agreements with the California Department of Transportation for the City of Rancho Cucamonga Active Transportation Plan in the case that the Community-Based Transportation Planning grant is awarded. BACKGROUND/ANALYSIS Each year, the California Department of Transportation issues an invitation for grant applications for transportation planning projects that promote a balanced, comprehensive, multi-modal transportation system. Specifically, the Community-Based Transportation Planning(CBTP) program funds coordinated transportation and land use planning that promotes public engagement, livable communities, and a sustainable transportation system. The City of Rancho Cucamonga is committed to improving mobility, access, and safety and wishes to submit a grant application to the CBTP program for funds to develop an Active Transportation Plan. Grant applications are capped at $300,000, and require a 10 percent local match (maximum $30,000), of which a maximum of 2.5 percent may be in-kind services. A resolution adopted by the City Council authorizing the City Manager, or designee, to execute agreements with the California Department of Transportation is required as part of the 2013/2014 CBTP grant application. RESOLUTION NO. 13-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF RANCHO CUCAMONGA ACTIVE TRANSPORTATION PLAN WHEREAS, the City of Rancho Cucamonga is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and WHEREAS, a Fund Transfer Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs; and WHEREAS, the City of Rancho Cucamonga wishes to delegate authorization to execute these agreements and any amendments thereto; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga hereby authorizes the City Manager, or designee, to execute all Fund Transfer Agreements and any amendments thereto with the California Department of Transportation. PASSED, APPROVED, AND ADOPTED this 20th day of March 2013. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk P97 STAFF REPORT r RANCHO CUCAMONGA FIRE PROTECTION DISTRICT J- RANCHO Date: March 20, 2013 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY(CARDENAS FAMILY TRUST,OWNER-APN 0201-043-64— ANNEXATION NO.88-13-1)LOCATED ON THE NORTHEAST SIDE OF SPECTOR COURT AND ARCHIBALD AVETO AN EXISTING COMMUNfIY FACILITIES DISTRICT,CALLJNG A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALJFIED ELECTORS RECOMMENDATION Consideration of adoption of a Resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Cardenas Family Trust, Owner - Annexation No. 88-13-1) to existing Community Facilities District No. 88-1 ("CFD No. 88-1") and calling a special election for such purpose. BACKGROUND Cardenas Family Trust, property owner, has submitted a proposal to construct a 10,987 sq.ft. single family residence located on the northeast side of Spector Court and Archibald Ave., identified as Assessor's Parcel Number (APN) 0201-043-64 (the "Annexation Area") and is conditioned by the City and Fire District to annex into Community Facilities District (CFD) No. 88-1 in order to mitigate the development's impact upon fire protection services. On February 6, 2013, the Fire Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting Resolution No. FD 13-002 approving an Annexation Map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APN 0201-043-64 into the existing CFD No. 88-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on March 20, 2013. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on March 27, 2013 P98 ANNEXATION OF TERRITORY TO AN EXISTING CFI)NO. 88-1 PAGE 2 MARCH 20,2013 • Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 88-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. Cardenas Family Trust, property owner, is in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Cardenas Family Trust, owner of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 88-1. At the special election to be held on March 27, 2013, the landowner will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the Resolution declaring the election results and the annexation of the Annexation Area to CFD 88-1. If 2/3rds of the votes cast are in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectf ly submitted, // Mike Bell Fire Chief Attachments: 1. Annexation Map 2. Resolution No FD 13-013 3. CFD No. 88-1 Map • • ,, ) -P99 • SHEET I OF I SHEETS ANNEXATION MAP NO.29-13-)OF I PARCEL GROSS AREA STS ACRES COMMUNITY FACILITIES DISTRICT NO.88-1 • OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 60 D 60 COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA Si. JOSEPH E.BONAOIMAN&ASSOCIATES,INC. SCALE'1' = 60' NOVEMBER 2012 I I S I ni o I p20'/Ob�'p3 p20' Op3 A9 I 1 2� I ppN p4N 1 � I DJ PO I m°°I L°v d a • W • 2 W o .. Porn F Q LO g 424370 vott. ♦.n ACC 2 I APN 0201-043-64 Z — — ND - -J I 0 N O a I It O . Q 0 0 z u Q SPECTOR COURT H — op3,oa I I pz0\ A?'' RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION FILED IN THE OFFICE OF THE SECRETARY OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,CALIFORNIA,THIS DAY _ ASST.SECRETARY • RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE Of CALIFORNIA LEGAL DESCRIPTION I HERESY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF TERRITORY PROPOSED TORE ANNUED TO COMMUNITY FAClUT1ES DISTRICT NO.PSI OF THE RANCHO CUCAMONGA FIRE PROTECT/ON . PARCELS 263 OF PARCEL MAP No.5,IN THEUMNCOPpGTED DISTRICT.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA.WAS APPROVED BY THE BOARD OF TERRITORY OF SAN BERNADINO COUNTY.STATE OF CAUFORMA, DIRECTORS OF SUCH FIRE PROTECTOR DISTRICT AT A REGULAR MEETING THEREOF.HELD CXTHE AS PER MAP RECORDED IN 0001(I OF PARCEL SAPS.PAGE R IN MY 37 .BY ITS RESOLUNIXI NO TDB ANNESATONMAP THE OFFICE OF THE RECORDER CF SAID COUNTY. AMENDS THE BOUNDARY MAP FORCCMMUNITY FACILITIES DISTRICT NO MI OF THE RANCHO APN 0251043-64 CUCAMONGA FIRE PROTECTION DISTRICT,COUNTY OF SAN BERNARDINO,STATE CF CAUFORMA,PRIOR RECORDED ON AT BOON OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT.AT PAGE_,IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO CALIFORNIA ASST.SECRETARY RANCHO CUCAMONGA FIRE PROTECTOR DISTRICT STATE OF CALIFORNIA • SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE ru T' THS AAP HAAY OF TILED UNDER COCLMENTNVMOER .•• THIS_OAYO AT PAGE .AT THE MIN BOOK OF EREOVEST IN THE AMOUNT OF DENNIS OUEGER ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO RA Deputy bmNH • P100 RESOLUTION NO. FD 13-013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 88-13-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS,the BOARD OF DIRECTORS(the"Board of Directors")of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT(the"Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District,the extent of the territory to be annexed (the"Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half(1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve(12)persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to.submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety(90)days preceding the close of the public hearing and, consequently,the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P101 C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 88-13-1 of Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. • SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A . general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A"which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for Resolution No. FD 13-013 - Page 2 of 6 P102 ad valorem taxes; however, as applicable,this Board of Directors may, by resolution,establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 27th day of MARCH 2013, and said election shall be a special election to be conducted by the Secretary (hereinafter"Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition,the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on"Annexation Map No. 88-13-1 of Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the"Annexation Map") pursuant to the rate and method of apportionment of special taxes(the"Special Tax Formula")set forth in Resolution No. FD 12-043 to finance fire suppression and protection services and administrative expenses? Resolution No. FD 13-013 - Page 3 of 6 P103 SECTION 9. VOTE The appropriate mark placed in the voting square after the word"YES"shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots,tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Resolution No. FD 13-013 - Page 4 of 6 P104 PASSED, APPROVED, AND ADOPTED this day of 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2013. Executed this day of 2013 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 13-013 - Page 5 of 6 P105 EXHIBIT "A" RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 SPECIAL TAX LEVY FISCAL YEAR 2012/13 SPECIAL TAX LEVY TAXING CLASSIFICATION FISCAL YEAR 2011/12 1. DEVELOPED PROPERTY A. Residential Class I $463.24 (more than 3590 SF) B. Residential Class II $356.94 (3077 to 3589 SF) C. Residential Class III $284.09 (2564 to 3076 SF) D. Residential Class IV $248.26 (2308 to 2563 SF) E. Residential Class V $214.97 (2051 to 2307 SF) F. Residential Class VI $195.79 (1795 to 2050 SF) G. Residential Class VII $176.58 (less than 1795 SF) Commercial/Industrial Property $712.77 per acre or $0.064 per square foot or building area, whichever is greater. 2. APPROVED PROPERTY $200.00 per lot or parcel 3. VACANT PROPERTY $10.00 per acre SF = Square Feet Resolution No. FD 13-013 - Page 6 of 6 I''I U 6 co M m- oo . ' 0a 03 E ob w N ›i..#a Z Cl) Q 0 ! . = C c 1 C V O o • 1 ny Anay3 r: 1. ini _ \IA i CD Ii —1 Ns 0 in . a) fi r ►�- _ J m — Co r O ' .. LL Q 1n`d lSe3 (n t .„.„„ Iny epU .,,, ._.._.._»_.i ny epuem ! J i i ��. i i i i C i lEk.-_--.41. AV Ja;sayooj - L_ ! j ny Japayoo8 t ) ( ----r— i i ny uaVII! --{ !ny uayll!W tio . ! i 1 ny uaneH • • I � my uaneH i i i Ay 411114/H i ` —I !ny esowiaH AV pleg!yo ` `�. any PleglyoJy ! ny UewllaH i !n uew II a H doe-.. u) t oo • co t v o i ny p eIau!n 3S uellawe3 ! X I F i j•• t?• i 4141:10 �.._.._: �' ....nun'''. » .._.._.._'i ny anal 11110/f10 {o O ¢- 1 11'E Li.cc 1: 1.1 C m :1E4; IRIE:1 CO v =I g. 4 Z FFgg & s ¢¢..;.6 lead� • y P107 ,.vim STAFF REPORT ! r RANCHO CUCAMONGA FIRE PRO IECTION DISTRICT -' J LINO RANCHO Date: March 20, 2013 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Analyst II Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY(RANDY&JULIE TWIST,OWNERS-APN 1043-151-22— ANNEXATION NO.I38:13-2)LOCATED ON THE NORTHEAST CORNER OF BANYAN ST.AND INDIGO AVETO AN EXISTING COMMUNITY FACILITIES DISTRICT,CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUAIJFIED ELECTORS RECOMMENDATION Consideration of adoption of a Resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Randy & Julie Twist, Owners -Annexation No. 88-13-2) to existing Community Facilities District No. 88-1 ("CFD No. 88-1") and calling a special election for such purpose. BACKGROUND Randy & Julie Twist, property owners, have submitted a proposal to construct a 640 sq.ft. second dwelling unit located on the northeast corner of Banyan St. and Indigo Ave., identified as Assessor's Parcel Number (APN) 1043-151-22 (the "Annexation Area") and is conditioned by the City and Fire District to annex into Community Facilities District (CFD) No. 88-1 in order to mitigate the development's impact upon fire protection services. On February 6, 2013, the Fire Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting Resolution No. FD 13-004 approving an Annexation Map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APN 1043-151-22 into the existing CFD No. 88-1. This Resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on March 20, 2013. Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on March 27, 2013 P108 ANNEXATION OF TERRITORY TO AN EXISTING CFD NO. 88-1 PAGE 2 MARCH 20,2013 • Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 88-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. Randy & Julie Twist, property owners, are in full support of the annexation of the property being annexed. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Randy & Julie Twist, owners of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 88-1. At the special election to be held on March 27, 2013, the landowner will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the Resolution declaring the election results and the annexation of the Annexation Area to CFD 88-1. If 2/3rds of the votes cast are in favor of the levy of the special tax, the Board may declare the property to be annexed. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectful submitt , ike Bell Fire Chief Attachments: 1. Annexation Map 2. Resolution No FD 13-014 3. CFD No. 88-1 Map P109 JANUARY 2013 SHEET 1 OF 1 ANNEXATION MAP 88-13-2 OF COMMUNITY FACILITIES DISTRICT NO 88-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA \ \ / �\ /\ _ \____s/ \ I > ASSESSOR - W PARCEL \� 0 NUMBER II 1 2 0 1043-151-22 a BANYAN ST can — 0 r _ 1 Inch•2J8095 feet • NOTE:THIS ANNEXATION MAP SHALL GOVERN FOR ALL DETAILS AS TO THE EXTENT OF THE TERRITORY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILITIES DISTRICT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION SIGNATURE: DATE: FILED IN THE OFFICE OF THE SECRETARY OF THE RANCHO CUCAMONGA MARK STEUER FIRE PROTECTION DISTRICT,CALIFORNIA.THIS DAY 2013 CITY ENGINEER LEGAL DESCRIPTION: • ASST..SECRETARY ASSESSOR PARCEL NUMBER . RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 1043-151-22 STATE OF CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF TRACT 9223 LOT 41 TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.88-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION •DISTRICT,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,WAS APPROVED BY THE BOARD OF DIRECTORS OF SUCH FIRE PROTECTION DISTRICT AT A REGULAR MEETING THEREOF,HELD ON . THE DAY OF - 2013,BY ITS RESOLUTION NO. SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS ANNEXATION MAP AMENDS THE BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO.88-1 OF THE RANCHO CUCAMONGA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS FIRE PROTECTION DISTRICT,COUNTY OF SAN BERNARDINO.STATE OF DAY OF ,2013,AT M.IN BOOK OF MAPS OF CALIFORNIA.PRIOR RECORDED ON AT BOOK ' OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS,AT THE REQUEST OF IN THE AMOUNT OF S PAGE ,IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO,CALIFORNIA. DENNIS DRAEGER ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ASST.SECRETARY BY: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA DEPUTY RECORDER P110 RESOLUTION NO. FD 13-014 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 88-13-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS,the BOARD OF DIRECTORS(the"Board of Directors")of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT(the"Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District,the extent of the territory to be annexed (the"Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half(1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve(12)persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P111 C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 88-13-2 of Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A"which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for Resolution No. FD 13-014 - Page 2 of 6 P112 ad valorem taxes; however, as applicable, this Board of Directors may, by resolution,establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 27th day of MARCH 2013, and said election shall be a special election to be conducted by the Secretary (hereinafter"Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on"Annexation Map No. 88-13-2 of Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the"Annexation Map") pursuant to the rate and method of apportionment of special taxes (the"Special Tax Formula")set forth in Resolution No. FD 12-043 to finance fire suppression and protection services and administrative expenses? Resolution No. FD 13-014 - Page 3 of 6 P113 SECTION 9. VOTE The appropriate mark placed in the voting square after the word"YES"shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO"in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Resolution No. FD 13-014 - Page 4 of 6 P114 PASSED, APPROVED, AND ADOPTED this day of 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the day of 2013. Executed this day of 2013 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 13-014 - Page 5 of 6 P115 EXHIBIT "A" RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 SPECIAL TAX LEVY FISCAL YEAR 2012/13 SPECIAL TAX LEVY TAXING CLASSIFICATION FISCAL YEAR 2011/12 1. DEVELOPED PROPERTY A. Residential Class I $463.24 (more than 3590 SF) B. Residential Class II $356.94 (3077 to 3589 SF) C. Residential Class III $284.09 (2564 to 3076 SF) D. Residential Class IV $248.26 (2308 to 2563 SF) E. Residential Class V $214.97 (2051 to 2307 SF) F. Residential Class VI $195.79 (1795 to 2050 SF) G. Residential Class VII $176.58 (less than 1795 SF) Commercial/Industrial Property $712.77 per acre or$0.064 per square foot or building area, whichever is greater. 2. APPROVED PROPERTY $200.00 per lot or parcel 3. VACANT PROPERTY $10.00 per acre SF = Square Feet Resolution No. FD 13-014 - Page 6 of 6 PM 16 N N M g CO e— � CO 0k t 0 M o0 •~ Od' Zi o0 c u_ .� = O N \ U U o • ''��I AVAJJ913 ul k z \`� C o ', ! �1� c Ir • � 1E$ o 1 00 .' w Q Vii. --- - ---.-._.—. _ ._. 1 LIL. ^b lse3 in; j • L_ l� AV epueM!i i ny epUeMg3 1 1 p ■ gig ! . V AV J.,..,„0,, 1 AV Japayooei 1'—. i i AV uai{!II!W �••_«_••_.._..... - li =ny ua�!II!W to . • i i 1 ny uaneH i • I! ;Ay uaneH MI I I ^d P H ! 1 !ny esou�aaH i • rj i end pleqyab^t pleqU0It i I. _. • AV uewllaH i A �..�� nb+ uewllaH cn iCO co r' c g i AV pJe/(au!A 1S ue!lauaeo ! X ! N ! 8 �'¢FS°t C ••r-� ! sw di_ nE ! Q 4..-. r.•� F s E 5 u• L.%••_• --\\: ��.•0 c m �« (A Av 8A le iit! .°$1 9U�. �• L J = 3 §'W' 14ei4 I.•..• ..�•.�..�•. Q) yt„ 2 o0 _,3! 4 1 F i� L...... 2 e, $ age co N oo Q ``I :?'ktl$ w C m Li. i�p8g,£yla : >+ # 0 a � Fd;°a ili as < I m W� 11111; a Oil= i-$c S'2< Oi Pg 8111 a 11 NOTE:Speaker Card(s)for this Item follow Public Communication cards and correspondence P117 STAFF REPORT ..*97131- CITY MANAGER'S OFFICE RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Linda Daniels, Assistant City Manager By: Flavio Nunez, Management Analyst I/Planning Subject: A RESOLUTION GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT Recommended Action Approve of a Resolution of the City of Rancho Cucamonga granting consent to the City of Ontario to form the Greater Ontario Tourism Marketing District (GOTMD) which will include the hotels located in the cities of Rancho Cucamonga and Ontario. Background The City of Ontario recently began proceedings to form the Greater Ontario Tourism Marketing District (GOTMD). The proposed GOTMD was requested by the Ontario Convention and Visitors Bureau (OCVB) in conjunction with hotels from both Ontario and Rancho Cucamonga. The purpose of forming the GOTMD is to stimulate and grow the tourism and hospitality market in the area by where a self-assessment of 2% on the cost of qualifying hotel stays will pay for the sales and marketing activities of the District, On February 19, 2013 the City of Ontario approved a resolution requesting consent from the City of Rancho Cucamonga to participate in the creation of the GOTMD (Please see Exhibit A). Analysis The creation of the GOTMD is possible pursuant to the Property and Business Improvement District Law of 1994 (Law). The city limits of both cities will be the boundary of the proposed district (Please see Exhibit B). The Law requires Ontario, as the lead agency, to obtain the consent of Rancho Cucamonga in order for the city boundaries to be included in the formation of the GOTMD. The goal is for the GOTMD to market the areas unique assets such as the Ontario International Airport, the Convention Center, Victoria Gardens, the Cultural Center, and the many recreation opportunities and historic sites in order to promote tourism in the region which in turn supports and benefits the hotel industry significantly. Following approval of the Resolution, the OCVB and hotels will prepare a Management District Plan (MDP). The MDP will define the purpose and goals of the GOTMD, an initial budget, as well as the make-up of the Board that will oversee the tourism and marketing operations. The draft MDP identifies a Board composition that will include 1 representative from a Rancho Cucamonga hotel, 2 from Ontario hotels, 1 from the City of Ontario and 1 City of Ontario designee. The GOTMD will operate.for 5 years and at the end of that time it will expire unless it is renewed. The MDP is proposed to include a requirement that in year 4 the hotels and the cities evaluate the GOTMD and MDP and determine if it should continue and whether any changes should be made to the MDP. It • P117 STAFF REPORT (440 CITY MANAGER'S OFFICE bilge RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Linda Daniels, Assistant City Manager By: Flavio Nunez, Management Analyst I/Planning Subject: A RESOLUTION GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT Recommended Action Approve of a Resolution of the City of Rancho Cucamonga granting consent to the City of Ontario to form the Greater Ontario Tourism Marketing District (GOTMD) which will include the hotels located in the cities of Rancho Cucamonga and Ontario. Background The City of Ontario recently began proceedings to form the Greater Ontario Tourism Marketing District (GOTMD). The proposed GOTMD was requested by the Ontario Convention and Visitors Bureau (OCVB) in conjunction with hotels from both Ontario and Rancho Cucamonga. • The purpose of forming the GOTMD is to stimulate and grow the tourism and hospitality market in the area by where a self-assessment of 2% on the cost of qualifying hotel stays will pay for the sales and marketing activities of the District. On February 19, 2013 the City of Ontario approved a resolution requesting consent from the City of Rancho Cucamonga to participate in the creation of the GOTMD (Please see Exhibit A). Analysis The creation of the GOTMD is possible pursuant to the Property and Business Improvement District Law of 1994 (Law). The city limits of both cities will be the boundary of the proposed district (Please see Exhibit B). The Law requires Ontario, as the lead agency, to obtain the consent of Rancho Cucamonga in order for the city boundaries to be included in the formation of the GOTMD. The goal is for the GOTMD to market the areas unique assets such as the Ontario International Airport, the Convention Center, Victoria Gardens, the Cultural Center, and the many recreation opportunities and historic sites in order to promote tourism in the region which in turn supports and benefits the hotel industry significantly. Following approval of the Resolution, the OCVB and hotels will prepare a Management District Plan (MDP). The MDP will define the purpose and goals of the GOTMD, an initial budget, as well as the make-up of the Board that will oversee the tourism and marketing operations. The draft MDP identifies a Board composition that will include 1 representative from a Rancho Cucamonga hotel, 2 from Ontario hotels, 1 from the City of Ontario and 1 City of Ontario designee. The GOTMD will operate.for 5 years and at the end of that time it will expire unless it is renewed. The MDP is proposed to include a requirement that in year 4 the hotels and the cities evaluate the GOTMD and MDP and determine if it should continue and whether any changes should be made to the MDP. It • P118 A RESOLUTION GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM'I'l IE GREATER ONTARIO PAGE 2 TOURISM MARKETING DISTRICT • MARC1120,2013 • will also be possible at that time to adjust the boundaries to include other local jurisdictions should that be determined to be of benefit and if interest is expressed. The estimated annual revenue from the 2% self assessment is projected to generate $200,000 from hotel stays in Rancho Cucamonga and $2 million from hotel stays in Ontario, for a total of $2.2 million annually. Once the City adopts the Resolution consenting to the formation of the GOTMD a petition drive will begin which will ask hotels with fifty (50) or more rooms if they approve of the self assessment, the formation of the GOTMD and the MDP. Currently there are 8 qualifying hotels in Rancho Cucamonga (aloft, Holiday Inn Express, Courtyard by Marriott, Homewood Suites by Hilton, Marriott TownePlace Suites, Hilton Garden Inn, Sheraton Four Points, and Best Western Heritage Inn) and 35 qualifying hotels in Ontario. Should additional hotels be built in Rancho Cucamonga that consists of 50 rooms or more, they will automatically be included in the GOTMD for the time that remains in the initial 5 years. A simple majority approval from the hotels in Rancho Cucamonga and,Ontario, based on rooms, is needed to proceed with the formation of the GOTMD. Should the result be a majority vote in support of the formation of the GOTMD, a final public hearing will be held by the City of Ontario in order to adopt a final resolution for the formation. The creation of a tourism and marketing district is very common in cities where there is a large concentration of hotels which see the value of collective marketing to attract overnight stays. Also, the majority of the Board will be comprised of hotels to help insure that the marketing of the area will be for the benefit of attracting visitors and overnight stays. The attached Resolution consents to the inclusion of the boundaries of the City, and its 8 qualifying hotels, in the jurisdictional boundaries of the GOTMD. There are no further actions by the Rancho Cucamonga City Council once the Resolution of consent is adopted. Should the GOTMD be formed, the City will be responsible for collecting the assessment on a monthly basis and transmitting the assessment to the GOTMD. An administration fee of 1% of the value of the assessment generated from Rancho Cucamonga hotels is allowed to be kept by the City to help offset the cost of collecting and remitting the payment. Respectfully submitted, p Linda Daniels Assistant City Manager Attachments: Exhibit A — Resolution No. 2013-008 of the City of Ontario Exhibit B — Proposed District Boundary Map Exhibit C — City of Rancho Cucamonga Resolution • P119 Exhibit A Resolution No. 2013-008 of the City of Ontario P120 Page 1 of 3 RESOLUTION NO. 2013-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REQUESTING CONSENT OF THE CITY OF RANCHO CUCAMONGA TO CREATE THE GREATER ONTARIO TOURISM MARKETING DISTRICT. WHEREAS, the City Council of the City of Ontario desires to begin proceedings to form the Greater Ontario Tourism Marketing District ("GOTMD"); and WHEREAS, certain tourism business owners have requested that the City Council (the "Council") of the City of Ontario (the "City") create the GOTMD; and WHEREAS, a portion of the territory proposed to be included in the GOTMD lies within the boundaries of the City of Rancho Cucamonga ("Rancho Cucamonga"), as shown on the map attached hereto as "Exhibit A" and incorporated herein by such attachment; and WHEREAS, the area of Rancho Cucamonga which lies within the boundaries of the proposed GOTMD will, in the opinion of the City Council of the City of Ontario, be benefited by the improvements and activities, and the purpose sought to be accomplished by the work can best be accomplished be a single comprehensive scheme of work. NOW, THEREFORE, be it resolved by the City Council of the City of Ontario that: SECTION 1. The above recitals are true and correct. SECTION 2. Consent of the City of Rancho Cucamonga, through its City Council, is hereby requested to create the GOTMD, and to grant to the City Council of Ontario jurisdiction for all the purposes in connection with creation and operation of the proposed GOTMD. SECTION 3. The City Clerk is hereby directed to transmit a certified copy of this resolution to the City Clerk of the City of Rancho Cucamonga. The City Clerk of the City of Ontario shall certify as to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 19th day of February 2013. UL . LEON, AY R P121 Resolution No. 2013-008 Page 2 of 3 ATTEST: 2..cfr 1" t..v Mb,E. WIR �S, C, CITY CLERK APPROVED AS TO LEGAL FORM: VITAS [LEWIS. DVISO S SPECIAL COUNSEL P122 Resolution No. 2013-008 Page 3 of 3 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) CITY OF ONTARIO I, MARY E. WIRTES, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2013-008 was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held February 19, 2013 by the following roll call vote, to wit: AYES: MAYOR/COUNCIL MEMBERS: LEON, BOWMAN, WAPNER, DORST-PORADA AND AVILA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 10-LMARY E. WIRTES, MMC, CITY LERK (SEAL) The foregoing is the original of Resolution No. 2013-008 duly passed and adopted by the Ontario City Council at their regular meeting held February 19, 2013. MARY E. WIRES, MMC, CITY ERK (SEAL) P123 EXHIBIT A DISTRICT BOUNDARY MAP r t t y', Q i AFC E{tf��C2 19 r uSt , �tcair�uck y; t'i F\tiybh4Lr�Eex i 66 a eke n Rk°4 iii} - , * ", inE cs ' ,� N„ $ i : 4 r?,�, ;7•''(1.1.N < �ubt4 •.,c S ,a-F F t yw�v"4 •tiP ,fi� �' aka S n Q:p 2 iP�,S� i a(�i ty y' ,V �V.; x 5, l�^W\ 9t.s'y2 t � t i} Ala s..a� au6 sz ,Y k r2;: YSl�$ 1��y gb*�M Jcr$Y )t 2,}� a" 1 S M`he- i 2 a .4�a� a s 61b.,�k'g y`v ,e4 L , n 0 CII 4.. 6 P CIVITAS °Q ,.,,..® .o..<oM P124 Exhibit B District Boundary Map P125 DISTRICT BOUNDARY MAP City of Rancho Cucamonga (85) City of ty Ontario m 4 • ♦ C I� I TA S ••v� WWW CIV T SORS Cou 1 P126 Exhibit C City of Rancho Cucamonga Resolution P127 RESOLUTION NO. 13-027 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT (GOTMD) WHEREAS, the City of Ontario is beginning the process to form the Greater Ontario Tourism Marketing District (GOTMD) pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., to promote tourism and the lodging businesses in Ontario and Rancho Cucamonga; and WHEREAS, a portion of the territory proposed to be included in the GOTMD lies within the boundaries of the City of Rancho Cucamonga (the "City"), as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment; and WHEREAS, the area of the City which lies within the boundaries of the proposed GOTMD will, in the opinion of the City Council, be benefited by the activities, and the purpose sought to be accomplished by the work can best be accomplished be a single comprehensive scheme of work; and WHEREAS, the City Council of the City of Ontario has requested consent to form the OTMD in the City of Rancho Cucamonga with adoption of Ontario City Council Resolution No. , dated February 19, 2013; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, that: Section 1: The above recitals are true and correct. Section 2: The City Council consents to the City of Ontario forming the GOTMD, which District shall include the City of Rancho Cucamonga. Section 3: The Clerk of the City Council is hereby directed to transmit a certified copy of this Resolution to the Clerk of the City of Ontario City Council. Section 4: This Resolution is effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rancho Cucamonga, State of California, held on this_day of , 2013 by the following vote: AYES: NOES: 1 P128 ABSENT: ABSTAIN: Mayor (SEAL) ATTEST: Clerk of the City Council 2 NOTE:See Public Communication correspondence following speaker cards regarding item Q2.—City Council Meeting—March 20,2013 NOTE:Speaker Card(s)for this Item follow Public Communication cards and correspondence P129 iftbces STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT 14 J RANCHO Date: March 20, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative ServicesVj William Wittkopf, Public Works Services Directorfi Subject: REVIEW OF PUBLIC ENGAGEMENT PROCESS RESULTS AND INITIATION OF NEXT STEPS REGARDING OPTIONS TO ADDRESS THE STRUCTURAL BUDGET DEFICIT IN LANDSCAPE MAINTENANCE DISTRICT 2 (VICTORIA NEIGHBORHOOD) RECOMMENDATION It is recommended that the City Council consider the community feedback received through the public engagement process, and take one of the following actions: • Direct staff to proceed with the maintenance reductions, including discontinuing watering of 1.5 million square feet of turf in medians, paseos, and parks in the Victoria neighborhood to address the structural budget deficit in Landscape Maintenance District 2 (Victoria Neighborhood); OR • Adopt Resolution 13-030, a Resolution of the City Council of the City of Rancho Cucamonga, California, initiating proceedings for a proposed increase in assessments for Landscape Maintenance District No. 2 (Victoria neighborhood), the levy of annual assessments therein, and ordering the preparation of an assessment Engineer's Report. BACKGROUND/ANAYLSIS The structural deficit in Landscape Maintenance District 2 has been an important community concern for a couple of years. This District maintains 8 million square feet of community amenities such as medians, paseos, and greenbelt/common areas throughout the Victoria neighborhood. It also funds the maintenance and upkeep of the six community parks in this neighborhood — Windrows, Kenyon, Ellena, Victoria Arbors, Victoria Groves, and Vintage parks — including their sports fields, restrooms, playgrounds, picnic shelters, and grassy play areas. Assessments collected from the nearly 5,800 single-family homes, 1,100 condos and multifamily units, and other commercial and vacant parcels in the neighborhood are used to pay for these amenities. Assessment rates, however, have remained unchanged since 1993, and the revenue available is no longer sufficient to cover the annual expenses to maintain the parks and other green spaces. • For more detailed background regarding the District, its financial condition, and ongoing strategies to manage costs, please see the attached memo from Public Works Service Director Bill Wittkopf dated December 6, 2012 (Attachment A). P130 Next Steps Regarding LMD 2 March 20, 2013 At the City Council's community meeting in July 2012, Public Works Services presented its plans to reduce expenses in the District by approximately $300,000 and balance the District budget. The plan would require turning off the water to 1.5 million square feet of grass throughout the District and letting the grass die in place until primarily dirt remains. At that well-attended meeting, many residents spoke to share their opinions, with the majority asking the City to first share this information with the neighborhood and get feedback before moving ahead with the maintenance reductions. In light of this feedback, the City Council directed staff to conduct a grass-roots community engagement process to determine resident's preferences for either maintenance cuts or an increase in annual assessment rates. The current report and City Council presentation represent the culmination of that grass-roots engagement process to communicate factual information concerning LMD 2's financial situation with residents in the Victoria neighborhood, and ask for their feedback regarding priorities for landscape maintenance, and their preference for either maintenance cuts or an assessment rate increase. Summary of Community Engagement Process Following preparatory work in Fall 2012, the public engagement process began in earnest in early January. Working with an advisory firm that has expertise in communications, a team of staff from Public Works and Special Districts began an intensive effort to share information with residents and gather their feedback in a variety of ways: • A webpage was created at www.citvofrc.us/LMD2 to serve as the focal point for information and activity. A button was created on the City website's main page that leads to this page. • Posters and announcements regarding the issue and website were placed at both libraries, Animal Center, Senior Center, Community Center, and City Hall. Posters were also provided to the Little League District for use at parent meetings and sign-up days. • Electronic announcements were placed on both electronic reader boards and on the electronic board at the Playhouse, as well as RCTV. • An FAQ sheet was created and available on the website, city remote sites, and at various meetings. • A PowerPoint presentation was developed that provided key information and served as the starting point for discussion and questions. This presentation was made at more than 20 meetings: Grapeland /Etiwanda Strathmore Home Owners Parks and Recreation Intermediate Safe Routes to Association Board Commission School Committee Musser Middle School Safe Sports Advisory Committee Senior Advisory Committee Routes to School Committee Community Foundation Board Library Board of Trustees Library Foundation Board PlanninQCommission Rancho Cucamonga Rotary Chamber of Commerce Board West End Real Estate School Superintendents City Hall employees/City Yard Professionals (WEREP) Quarterly Meeting employees Citizen Corp Advisory Council Victoria Groves neighborhood Windrows neighborhood meeting meeting Endter home Citizen's Blue Ribbon Advisory City Council Committee 2 P131 Next Steps Regarding LMD 2 March 20, 2013 • An informational mailer was sent to all 7,000 properties in the District. This first mailer contained a postcard survey on community landscaping priorities. The same survey was available on the website and distributed at each community meeting. Approximately 850 of these surveys were returned. Mailers were also provided to residents that volunteered to walk door-to-door and distribute the information in person. Another 4,000 mailers were distributed through these volunteer efforts. • A Citizen's Blue Ribbon Advisory Committee was formed to advise the staff and outreach team. The Committee consisted of Victoria neighborhood residents and others from various stakeholder groups, including seniors, sports groups, business, and real estate. The Committee met three times during this process. • Letters and emails were sent to community leaders to provide them with information and the FAQ sheet. • Volunteers and staff hosted a booth at the Heritage Farmer's Market at Victoria Gardens during the entire month of February. At the booth, volunteers shared information with interested residents and provided them with survey forms to fill out on the spot. • A second informational mailer was sent in late February, sharing the results of the postcard survey and answering common questions that had been raised. Several members of the Blue Ribbon Citizen's Advisory Committee provided significant volunteer effort to share information, hosting meetings of their own and inviting staff to make presentations at those meetings. These same individuals also walked the neighborhoods and volunteered at the Farmer's Market at indicated above. The feedback gathered from residents throughout this process has been very informative. First, it is clear that residents value the parks and other green spaces in the Victoria neighborhood, and wish to see them well-maintained. The majority of those returning surveys marked safety lighting, upkeep of parkway areas, and cleaning up trash as their top priorities among the various maintenance activities. Residents also expect and want to verify that the City has been diligent to manage costs wherever possible. Many residents voiced concerns about ongoing water rate increases, and the need to use drought tolerant landscaping wherever possible. It is also interesting to note that many residents were not aware that their community parks were maintained with District (LMD 2) funds. Attachment B provides a summary of some of the most commonly- asked questions, and their corresponding responses. Preliminary Assessment Engineering and Rate Calculations While this extensive outreach effort was under way, staff was also working with assessment district engineers to determine, in the event the outreach indicated people were so inclined, the potential rate increase that would be needed to avoid turning off water to the turf, and restore maintenance service to the "A" level. In 2011, the amount of the needed increase had been calculated at $38 per single-family residence. As the Council learned at a recent study session regarding special districts, these Districts are formed and administered in accordance with the State Constitution (Proposition 218) and various case law determinations. Much of that assessment engineering work is in determining the amount of "special benefit" that properties in the district receive from the improvements such as parks and green spaces. Any "general benefit", which means benefit to those driving through or visiting the area, cannot be paid for by the assessment revenues; they must be funded from other sources. 3 P132 Next Steps Regarding LMD 2 March 20, 2013 While in the past the law permitted districts to be 100% special benefit, that is no longer the case for new or modified districts. This new rule has some implications for a potential election in LMD 2. Based on the preliminary engineering work, the assessment engineer has determined that eight percent (8%) of the District's improvements are providing "general benefit". That means that of the District's potential $3.5 million budget for FY 13/14 service at the "A" level, the General Fund or other sources will need to contribute 8%, or $301,400, to the LMD 2 Fund. This is a new cost to the General Fund should a ballot measure move forward and be approved by the property owners. If the measure does not move forward, the District remains as it is today, with no required General Fund contribution. Taking into account these new legal requirements, as well as the projected budget necessary for FY 13/14 with service at the "A" level, the potential assessment rates for the District are only slightly higher than projected in 2011. In the chart below, the second, slightly higher potential rate includes an additional $100,000 to provide for an accelerated investment in drought-tolerant landscaping. In that scenario, the amount of contribution required for the 8% "general benefit" component increases to $310,100 from the General Fund. The potential rates would be as follows: Potential Rate with Current Drought-Tolerant Rate Potential Rate Landscaping Single family residential $422/unit $462/unit $475/unit Change +$40 increase + $53 increase Condominium $422/unit $340/unit $350/unit Change ($82 decrease) ($72 decrease) Multi-Family $422/unit $323/unit $333/unit Change ($99 decrease) ($89 decrease) Commercial/industrial $844/acre $2,185/acre $2,247/acre Other (Church, School, Fire Station) n/a $126/acre $126/acre Undeveloped (vacant) $105/acre $92/acre $95/acre Note: The reductions in condo and multifamily rates are a function of how, under current law, the assessment engineer is required to spread the special benefits of the district across these types of parcels. This is a change from how the original rates were calculated in 1993,prior to the passage of Proposition 218. A potential rate increase would also include the ability for the City Council to consider annual rate adjustments in the future, up to the amount of CPI or 3%, whichever is less. This does not permit "automatic" rate increases; any increases must be based on increases in actual costs for 4 P133 Next Steps Regarding LMD 2 March 20, 2013 maintenance, as documented in an annual Engineer's Report and approved by the City Council at a public hearing. As has proven the case in other LMD's and special districts, the City has been very cautious and conservative in considering rate increases. In many cases, there have not been annual increases. In other cases, rate increases have been below the maximum amount permitted. Community Survey Results The culmination of these educational efforts was the telephone survey of Victoria neighborhood residents. The survey was conducted by EMC Research with the goal of providing the City Council with statistically-valid data regarding the perspectives of residents in the District. A sample size of 300 residents was selected, which provided a validity rate of +1- 5%. The survey measured general awareness of the District and its purposes, as well as resident perspectives on the possible maintenance cuts and assessment rate increase. Residents were also asked about their support for or opposition to the potential rate increases in the amounts noted above. The survey began on March 1 and continued through March 10. As of this writing, EMC Research is concluding the analysis and tabulating its detailed results. In summary, the survey shows that a majority of residents support the assessment rate increase, indicating that the assessment rate increase of $40 per year is a viable option. While residents show support for the use of drought tolerant landscaping, they generally desire that this be incorporated as part of the City's ongoing operational plans for the District. The firm will present the complete results as part of the staff presentation at the March 20 meeting. NEXT STEPS A detailed presentation will be made at the March 20 meeting that summarizes the public engagement effort, provides input from resident volunteers, and presents the results of the public opinion survey. At this point, Landscape Maintenance District 2 is at an important crossroads. Despite lowering maintenance to the "B" level and reducing costs where possible, the district has been depleting its reserves by approximately $220,000 annually. Although the District can continue to deplete its reserves for several more years until it reaches a tipping point fiscally, it would be prudent to resolve this matter in the near future, because all options up for discussion require time and effort to implement before the end result is achieved. After considering the results of the public engagement process and public input, it is recommended that the Council take one of two actions: Option 1: Proceed with maintenance reductions, including discontinuing watering of 1.5 million square feet of turf in medians, paseos, and parks in the Victoria neighborhood. While this action would undoubtedly have a detrimental impact on the appearance and character of the community, it is necessary to achieve the expenditure savings needed to balance the budget in LMD 2 at current assessment rates. If approved, staff would turn off irrigation to the turf, cap the irrigation heads, and allow the turf to naturally decline. While the turf will go fallow, the remaining landscape material such as shrubs and small trees will remain in place. This dying turf areas will have a minimal level of maintenance, including mowing to keep any grass or weeds from becoming overgrown, and trash removal once every two weeks. This process will begin immediately so as to achieve the maximum cost savings 5 P134 Next Steps Regarding LMD 2 March 20, 2013 possible. The total annual savings in reduced contractual service and water costs is estimated to be approximately $300,000. This action would allow the District to continue operations for 2-4 years at the current assessment amounts. In future years, additional maintenance reductions will be required as other costs increase while the assessment amount remains flat. Option 2: Move ahead with the ballot measure, and Adopt Resolution 13-030, a resolution initiating proceedings for a proposed increase in assessments for Landscape Maintenance District No. 2, the levy of annual assessments therein, and ordering the preparation of an assessment Engineer's Report. If the Council selects this option, adoption of the resolution directs staff to initiate the assessment ballot proceedings. This will be followed by the Resolution of Intention at the April 17 City Council meeting, which begins the 45 day mail ballot time period. Ballots would be mailed to each property owner of record, along with information regarding the proposed assessments. Ballots would be opened and tabulated at a public hearing on June 5. Each returned ballot is weighted according to the amount of the assessment to be levied on the property. The assessment increase is approved, unless the ballots received in opposition outweigh the ballots received in support. If the measure is approved, the revised budget for "A" level of service can be incorporated into the preliminary FY 13/14 budget and the new assessments placed on the FY 13/14 tax roll. If it fails, the budget can be revised to incorporate the maintenance cuts and balance the District's FY 13/14 budget through that means. The cost for the ballot measure is estimated at approximately $18,000 for assessment engineering, printing, mailing, and tabulation services. The cost for public information consulting services would be $20,000. Those services are important to ensure that residents are aware and informed concerning the ballot measure and mail ballot process. Given the results of the survey and overall resident feedback, it is recommended that the Council approve Option 2. 6 • Attachment A Q4, 35 MEMORANDUM PUBLIC WORKS SERVICES DEPARTMENT RANCHO CUCAMONGA Date: December 6, 2012 To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Maintenance Superintendent Subject: BACKGROUND ON LMD 2 AND MAINTENANCE CONTRACTS The formation of Landscape Maintenance Districts (LMDs) was an integral part of the City's early years of development following incorporation. The original purpose of LMDs was to ensure common landscape areas would remain beautified as property changed hands and thereby enhance property values. They also create an accountability structure for maintaining the common landscape areas that does not rely on the efforts of individual residents for maintenance. In addition, they provide a means of funding for these areas that is not part of the City's General Fund and is not paid for by property owners who did not live in the LMDs. LMD No. 2 was initiated by the original property owner(s) who developed the [then] vacant land, in conjunction with the City of Rancho Cucamonga, as part of the development process (see attachment A, LMD 2 Boundary Map). BACKGROUND General LMD 2 History LMD 2 was first formed in 1982. At the time of formation it consisted of 737 dwelling units and 1,280 acres of vacant land. Subsequently, as development took place, the LMD expanded to its present day size of 5,795 single-family residential parcels, 525 condominiums, 589 multi-family units, a church, a fire station, 45.16 acres of commercial property and 19.72 acres of vacant property. Currently within the boundaries of LMD 2 there are 6 parks totaling 43 acres of improved area. There is over 6 million square feet of common area parkways, paseos, medians and community trails. Such a vast area of landscape area requires significant infrastructure. As an example, within LMD 2 there are 105 irrigation controllers, 1,900 irrigation valves and approximately 45,600 spray heads. City wide, all landscaped parkways, median islands, and street trees are contract maintained at competitively bid prices that are reviewed and re-bid on a regular basis. LMD 2 was rebid in 2010 and then again in 2011. The rate is less on a per square foot basis for the contract than what most homeowners pay for gardening services, and takes advantage of the economies of scale inherent in large contracts of this type. In addition, park maintenance is performed with a combination of full and part time City staff, contract maintenance staff, and supervised Work Release personnel (at no pay). Volunteers and people with disabilities are also utilized where opportunities arise. Staff has looked at full contract maintenance or moving all services in-house, and neither alternative provides the same combination of services levels and cost efficiency as this combined methodology. Many years ago, the City went to computerized irrigation systems that measure the evapo-transpiration of water from the plants and only irrigates to the extent necessary to maintain the plant material. The City has a continual maintenance and inspection program for irrigation to adjust, repair and replace CITY COUNCIL MEMO P136 ' LANDSCAPE MAINTENANCE DISTRICT(LMD) NO. 2 UPDATE DECEMBER 6,2012 PAGE 2 OF 4 equipment that fails due to normal usage or as a result of vandalism. Low-cost, high-quality parts and materials are utilized and conservation measures are continuously being implemented. In addition, staff reviews the utility billings on a regular basis and works with the utility providers to ensure the City is being charged the most efficient and economical rate possible within the constraints of the service provided. The last time assessment rates within LMD No. 2 were increased was 1993-19 years ago. At that time the rates were increased by the City Council due to water rate increases and increased landscape areas to maintain. When the assessment rates were last increased, Proposition 218, "The Right to Vote on Taxes Act" did not yet exist. Approved by the voters of California in 1996, Proposition 218 now prohibits increases in taxes, including assessment rates, without submitting the proposed increases to the property owners within the affected LMD in an assessment ballot procedure. The current assessment rates are as follows: Single family dwellings, condos, and multi-family units: $422 per unit Non-residential/commercial property: $844 per acre Vacant land: $105 per acre The operating budget for LMD 2 totals $3,102,300 for FY 12-13. The projected revenue for the district is $2,880,640, leaving a budget shortfall of $221,660: Revenue vs. Expenditures Projected Revenue for FY 12/13 $2,880,640 Projected Expenditures for FY 12/13 – $3,102,300 Projected Shortfall for FY 12/13 -$ 221,660 Because LMD No. 2 was developed prior to the passing of Proposition 218 in 1996, it did not contain automatic annual consumer price index adjustments, as do most LMDs developed after 1996. Prior to Proposition 218, changes in assessments to cover increased costs for utilities, labor or materials were approved, when needed, by the City Council during the annual budget process. Post-Proposition 218, any changes in assessments to cover increased costs may only be approved by the property owners within a specific LMD through a Proposition 218 assessment ballot procedure. In May 2009, several LMDs in the City had their public right-of-way improvements adjusted to a lower level of maintenance in order to live within the revenue collected in those districts, including LMD 2. These districts were, and some still are, experiencing flat or declining revenues due to delinquencies, and increasing expenses in utilities and other fixed costs, such that the original assessments are no longer sufficient to fully cover all costs at an "A" level of maintenance. As a result of these reductions, staff received considerable feedback from the community regarding their expectations for maintenance in significantly greater detail than had ever been received previously. The most common issues communicated centered on the frequency of weed abatement, shrub pruning, including the frequency and method employed, and finally vine control. Using this information and staff's experience in landscape maintenance, a detailed audit of the existing landscape maintenance specifications was conducted with the intent of finding opportunities to amend the current work practices that would allow the specifications to reflect the overall general needs of each LMD and also meet the clearer desires of the community at large. This audit resulted in significant modifications to the bid specifications used in the selection of our private maintenance contractors. .• P137 CITY COUNCIL MEMO LANDSCAPE MAINTENANCE DISTRICT(LMD) NO. 2 UPDATE DECEMBER 6,2012 PAGE 3 of:4 These modifications included reworking the service levels and frequencies of maintenance in the A — C maintenance level categories and the elimination of the D and F service levels. In October 2010, staff utilized the new bid specifications in a bid process. The combination of the new specification and a very competitive bid market resulted in what appeared to be a favorable bid result. Spectrum Care Landscape and Irrigation Management (Spectrum), a new vendor, submitted the apparent lowest, responsive and responsible bid for an "A" level of service. As such, in October 2010, the maintenance levels for LMD's 1, 2, and 4-R were returned to an "A" level of service. Public Works staff met with Spectrum to ensure that they could provide this service at the actual bid amount. Commensurate with the abovementioned change in service levels, staff received approval from the City Council to begin a Proposition 218 Assessment Ballot process, including outreach to the LMD 2 community to provide the residents with factual information concerning their LMD, its finances, maintenance and the relationship between finances and maintenance. Multiple mailings and community meetings within LMD 2 were conducted during the months of March and April 2011. On June 1, 2011, the City Council approved the mailing of assessment ballots and notices of the public hearing and assessment ballot proceedings to the property owners of record in LMD 2. The proposed measure would have increased current assessments for most properties, and included a CPI adjustment with a cap in order to maintain the improvements at their historic service levels. The balloting period was open for approximately 45 days, and at a public hearing on July 20, 2011, the City Council took final testimony on the proposed replacement assessment district and new assessment rate. When the mail ballots received were tabulated, there was a majority protest, and therefore the revised assessment did not pass. With this action, however, the original underlying LMD, and thus the original (19 year old) assessment, remained in place. Staff was directed to return in October 2011 with a report discussing the options available to adjust the expenditures to remain within annual revenues collected. In October 2011, staff returned to City Council with cost saving measures that included: • Reducing landscape maintenance from an "A" level of service to a "B" level of service. • Eliminating new projects such as cobble upgrades, mulch replacement and plant material replacement, and reducing treatment of eucalyptus trees for Redgum Lerp Pysllid. • Reducing Park operations and maintenance budget. • Reducing ball field maintenance. These cost saving measures were approved and implemented. Additionally, that same month and just one year after being awarded the contract, Spectrum Care notified the City that due to financial hardship, they were no longer able to provide service for LMDs 1, 2, 4-R and 5 and they desired to terminate service as quickly as possible. After receiving this notification, Public Works and Purchasing staff initiated a new bid process for landscape maintenance services. Staff utilized the same specifications for landscape maintenance that were first used in October 2010. In March 2012, staff brought to the City Council an update on the bid process. The RFP resulted in some increased contract costs for LMD 2, as each proposal received was higher than the existing base contract bid amount of Spectrum, which had clearly not been sustainable. With this new RFP, staff recommended LMD 2 remain at a "B" level of service, and utilize a small portion of the LMD 2 reserves to offset the remaining structural budget deficit, which was the difference between the revenue collected and the actual contract costs. While the use of reserves in this manner is unsustainable in the long run, the alternative was equally problematic. Bringing service levels in line with the revenue would have required LMD 2 be taken from the "B" level of maintenance to a "C" level of maintenance, along with additional reductions in service, P138 CITY COUNCIL MEMO LANDSCAPE MAINTENANCE DISTRICT(LMD) NO. 2 UPDATE DECEMBER 6,2012 PAGE 4 OF 4 which would have resulted in a drastic change in the appearance and service levels without an opportunity for advance notification to the residents, as the City has previously committed to providing. Therefore staff recommended the short term use of fund balance in an effort to preserve the aesthetic appearance of the LMD for as long as possible. The use of fund balance is not a long term sustainable practice. It is imperative that the City maintain a minimum fund balance equal to no less than six months of operating costs. The assessment revenues are collected by San Bernardino County and remitted to the City twice yearly, in January and May, following the December and April property tax payments. LMD 2 revenues are spent throughout the fiscal year by the Public Works Services Department in its role as steward of the improvements constructed and maintained within the LMD. The need to maintain the improvements throughout the fiscal year requires an appropriate fund balance allowing the City to maintain regular payments for the expenses incurred between revenue collection periods. UPCOMING PUBLIC ENGAGEMENT PROCESS On July 12, 2012, staff brought a series of recommendations to the City Council to address the structural budget deficit in LMD 2. Option one was the decommissioning of 1.5 million square feet of turf to reduce expenditures by $300,000 and bring the expenses in live with revenues, at least for the immediate future. The second option was to establish a decommissioning pilot program and conduct a community engagement process to determine if property owners would prefer an approximate $38 annual increase to avoid decommissioning. After significant discussion and public comment, the City Council approved the public engagement process without a pilot program for decommissioning. Preparatory work on the engagement effort has been underway since that time. Beginning at the first of the year, the City will conduct a very focused and extensive effort to engage the community in a discussion regarding the fiscal realities of LMD 2, the possible implementation of decommissioning throughout the district, and the option to preserve maintenance at an "A" level if a modest assessment increase is approved. This additional educational effort will allow property owners to make a fully informed decision regarding the options available. In order to facilitate meaningful community participation in the process, staff will be drawing on the expertise of a firm that will help conduct the community engagement process, as well as assist in the development of educational materials and mailers. While public meetings have been reasonably well-attended in the past, a new and more intensive approach was recommended in order to better reach all property owners with information and options for consideration. At the end of February, a statistically-valid survey will be conducted of property owner views regarding the implementation of service reductions as compared to an assessment rate increase. Although an exact assessment increase that may be needed has not been determined, staff anticipates that the calculation will be complete by the start of the engagement process in January. The results of the property owner survey will be presented to the City Council in March for review and discussion regarding next steps. If the community supports a potential adjustment to assessment rates in LMD 2, the City Council can initiate the Prop 218 process in the spring of 2013 for a possible rate adjustment in FY 13-14. If the community does not support a potential rate adjustment, turf decommissioning and other service reductions can proceed, with the knowledge that the community made an informed, educated, and reasoned decision before decommissioning was implemented. WW:DR:jau Attachment: LMD 2 Boundary Map . N J 139 C.) 'i N lfto E T c k...) —I (.1:1) Lr) CD Q y O U O I, Cr) ry ) N 43 l� t. c., ..-- --.4i _I , CZ ir) z y..... \\., , _.ci.) \.� c I N CC RI m o Q? I 'any ISeA in Q. 1 L r� V 1ny epuenng� _- ! ` 1 ,ny epuenn! 3 � 1 .., 0 i 4 . . irir:i,v, u::: , (13 3a >aaia ea 1 I no, Lidoil ., AV Ja1sa430e ny ialsayooa Q I / ;Ay uGNIIIIVII j _.--- s ny ua)f!II!W1 Co co i 4. -I—' I Illr I ny uaneHi a AV UGABH 1 ny esow�aHT r4`'; , ny esowJaH ny plecul rd 1 ny Pleq!Uoiy 1 / 1 1 —ny uewllaH AV uewllaH 1 1 L v 1 -AV p eAau!A IS ue!Iaweo i 1 011;0_ �� X3 ; `030>4 1 f✓' ;3 ' gUJ f t ,L� n c 1s,ss' 1d AV GA0.10 L 4r" N O L ia5 5' g24! (0 O Q 11 rgSi- , CC c CO L.L -si!-, 5=ti ' '.0 _ 7E Ws 34r 66YY�a FGt11.07, 15] P140 Attachment B FAQ ABOUT DISTRICT 2 What is Landscape Maintenance District 2? Landscape Maintenance District 2 funds landscape services in our area to maintain the safety and character of our neighborhoods, schools, and parks in the Victoria neighborhood. The District maintains almost 8 million square feet of landscaped areas located throughout our neighborhood's streets, parks, community trails, paseos, and medians. Funds also maintain lighting along paseos and in our area's six parks, including park restrooms, for safety and evening use. What services are provided to the Victoria neighborhood by the District? Care for landscaping includes weekly mowing and edging of grass areas, weed abatement and trash and debris pick-up. Trees and shrubs are pruned and fertilized for health and safety. Grass areas are fertilized and aerated and irrigation systems are maintained. Dead and dying plants are replaced when necessary to improve the appearance and health of neighborhood landscaped areas. Six parks are maintained through Landscape Maintenance District 2, including caring for landscaping and sports fields, and upkeep of park restrooms and picnic areas. Safety lighting is also maintained along all paseos and in parks. - What is the current issue in Landscape Assessment District 2? The District has been in place in the Victoria neighborhood since 1982, and the assessment rates have remained the same since 1993. The City has done everything it can to maintain and even increase the efficiency of our landscaping and lighting services. Nevertheless, over the past twenty years the costs of energy, water, materials, and labor needed to preserve our neighborhood landscaping have continued to rise. Costs for water have increased by 146%, electricity by 15%, fuel by 367%, and contract maintenance costs by 41%. The District simply does not have the funds to keep up with increasing costs without eliminating or reducing landscaping along our streets and paseos, and reducing maintenance in our parks. What are current lighting and landscape needs in Landscape Maintenance District 2? Without additional funds, we can no longer adequately maintain landscaping along our streets, paseos and in parks throughout Landscape Maintenance District 2. We will no longer be able to water 1.5 million square feet of grassy areas along streets and paseos, and grass will die. Eventually, mostly dirt will remain, severely impacting the character of our community. Eliminating these grassy areas is only the first step needed to cut costs. Overall maintenance throughout the District will also be reduced to a basic level, including eliminating all fertilizing; reducing trash pickup to every two weeks and weed removal to four times per year; and trimming vines and shrubs just once or twice a year. What's the alternative plan? How would additional funds support our landscape and lighting needs? Additional funds would maintain and improve local landscaping and lighting, including: 1 P141 • Prevent the elimination of grassy areas along local streets and paseos, keeping the character of our neighborhood and helping to maintain property values • Maintain and repair lighting along paseos and in parks for neighborhood safety • Improve maintenance services to maintain appearance and health of landscaped areas located throughout our neighborhood's streets, parks, community trails, paseos, and medians. • Explore more drought tolerant landscaping for the area MANAGING COSTS Can't the City re-bid its maintenance contracts and get better pricing? The City has worked proactively over the last 2-3 years to lower its contract costs. In October 2010, maintenance services in the District were competitively bid, and a new contractor began providing services at the "A" level. One year later, that contractor was unable to continue to provide the service, and the contract was rebid again, with a new vendor selected in March 2012. Current service remains at the "B" level. Even at this reduced service level, there is a structural budget deficit that remains in the District, and reserves are being depleted to fund basic maintenance. What has the city done to control employee costs? The City has been working over the last several years to review employee compensation and make prudent adjustments. For example, in 2011 the City Council reduced pension formulas for new employees, and increased new employee contributions towards pension costs. In 2013, pension contributions will be increased for all city employees. In addition to pension reforms, all city employees, including executives, have been subject to mandatory unpaid furloughs since 2010, and salary ranges have not been increased since 2009 and will remain frozen through June 2014. The City has also eliminated over 70 vacant positions since 2009, and last year laid off 19 full and part-time personnel as a result of the elimination of redevelopment by the state. The City should work with the Water District to reduce the costs of water, since the City is a major customer. The cost of water is an important issue in the District, with roughly 25% of the total budget allocated to the purchase of water. The Cucamonga Valley Water District (CVWD) purchases water from wholesale suppliers, and in turn supplies water to our City. As a water buyer, the District is subject to the same cost increases as other water agencies, and those cost increases are ultimately passed on to all customers. The District also operates under certain laws (Proposition 218 and Proposition 26) that govern how water rates are set. The City works closely with CVWD to implement conservation strategies wherever possible. Can we use recycled water to reduce costs? One of the many cost-cutting measures being used in the District is to use recycled water wherever possible. Where recycled water lines are available from Cucamonga Valley Water District, it is being used to irrigate our landscaping. Right now this means that one (1) park and five (5) landscaping sites 2 P142 totaling 480,000 square feet are using this water.This not only saves approximately 26 million gallons of drinking water per year, but provides a cost savings of 25% compared to the cost of drinking water. As the Water District provides more recycled water through its system, we will begin to use it wherever possible. However, this savings will not be enough to close the budget gap in District 2. Do sports leagues pay for use of the fields in Victoria neighborhood parks? Our playing fields provide positive, safe recreational and physical fitness opportunities to more than 20,000 children in our community each year. The Community Services Department schedules sports fields for league use, and no fee is charged for this scheduling service. Last year, our sports leagues began making voluntary contributions toward sports field maintenance. No other fees for field use are currently collected in the District. Can we use more drought-tolerant landscaping? Converting some of the existing turf areas to drought-tolerant landscaping is an effective strategy to reduce the growth of costs over time. However, funds are needed to make this conversion. In this District, with 8 million square feet of landscaped area to maintain, this would be a major project. If residents approve an assessment rate increase, these projects could be done over time to slow the rate of cost growth as water rates rise. However, the use of drought-tolerant landscaping will not provide enough cost savings to avoid the proposed maintenance cuts. MANAGING THE DISTRICT How is the District's money handled? Any funds generated by Landscape Maintenance District 2 are deposited into a separate fund that, by law, can only be spent on maintaining or improving our local neighborhood and park landscaping. Annual independent audits are published for public review.The budgets for the District and annual audit results are always available on the City's web site at www.cityofrc.us. How would property owners vote on a new rate? State law requires that a mail ballot process be used to see if a majority of property owners disagree with any proposed rate increase. This is known as a "majority protest" procedure. The City will mail a ballot to each property owner, and each property owner (not necessarily a voter) can return their ballot by mail or hand deliver it to the City Clerk. Each ballot is weighted in an amount equal to their proportionate share of the total assessment. If the total ballot weight received in opposition is greater than the ballot weight in favor,the new rate does not pass.The old rate would remain in place. Can the mail ballot ask property owners to choose from two or more options for a rate increase? No. California law requires that the mail ballot state a single assessment amount and ask if the property owner supports or opposes that amount. Why is the potential assessment rate for apartments and condo's lower than the rate for single-family homes? 3 P143 District rates are calculated for different types of parcels based on the special benefit that is provided to those parcels by the District. The rules about how these are done were changed by Proposition 218 in 1996, which was passed after the District was formed. If the assessment rate is changed, the new rates will be determined using these more recent rules. The answer to the question is long and complicated, but the short answer is that the law allocates special benefit to apartments and condos differently. While it seems unusual,the City cannot charge these types of units more than the law allows. • 4 P144 RESOLUTION NO. 13-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED INCREASE IN ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 2, THE LEVY OF ANNUAL ASSESSMENTS THEREIN, AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT. WHEREAS, on September 1, 1982 by Resolution No. 82-157, the City Council of the City of Rancho Cucamonga ("City"), State of California, under the Landscaping and Lighting Act of 1972 ("1972 Act") (California Streets and Highways Code section 22500 et seq.) established Landscape Maintenance District known and designated as "Landscape Maintenance District No. 2", (hereafter referred to as "the District"); and WHEREAS, the costs of servicing and maintaining the landscape improvements within the District have increased and the existing assessments levied therein are insufficient to service and maintain the landscape improvements at their current level; and WHEREAS, the City Council has determined it is appropriate to provide property owners within the District whose property is subject to the levy of assessments the opportunity to indicate their support for or opposition to the increase of assessments within the District and provide for ongoing adjustments to the assessments for inflation; and WHEREAS,.the City Council has retained NBS for the purpose of assisting with the proposed increase in assessments to be levied and to prepare and file a report with the City Clerk in accordance with the 1972 Act, Article XIIID, section 4 of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218") (California Government Code section 53750 et seq.), (the 1972 Act, Article XIIID, and Proposition 218 are collectively referred to as the "Assessment Law"); and WHEREAS, if the levy of the proposed increase in assessments within the District are not approved by the property owners, the existing District and assessments shall remain in place and the City may continue to adjust services to match the revenues provided by the existing District assessments; and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, DOES HEREBY RESOLVE as follows: 1. The City Council hereby proposes to increase assessments and to levy assessments within the District to pay for increased costs to service and maintain improvements within the District and to authorize annual adjustments for inflation to pay for future increases in the costs of servicing and maintaining the improvements. 2. The improvements located in and serviced and maintained by the District generally include: the landscaping and associated landscape lighting and irrigation systems installed along the roadways, medians, and community trails; sidewalks; and 6 neighborhood parks (Ellena Park, Kenyon Park, Victoria Arbors Park, Victoria Groves Park, Vintage Park, and Windrows Park) that are of direct and special benefit to the parcels within the District. These improvements are located within the street public rights-of-ways and dedicated public easements which are within the boundaries of the District. All maintenance and service items will be described in further detail in the Engineer's Report. 3. The District is located in the City of Rancho Cucamonga. The boundaries of the District are generally described as that area located south of the 1-210 Freeway, west of Etiwanda Avenue, southwest of the 1-15 Freeway and east of Haven Avenue, also known as the Victoria Planned Community. The District is designated by the name of"Landscape Maintenance District No. 2". P145 4. The City Council hereby orders NBS to prepare and file with the City Clerk an Engineer's Report concerning the proposed increase in assessments and annual adjustments for inflation within the District, which will take effect for Fiscal Year 2013/14 and subsequent years, if approved by the property owners, in accordance with the requirements of the Assessment Law. APPROVED and ADOPTED this day of 2013. L. Dennis Michael, Mayor City of Rancho Cucamonga, California ATTEST: Janice C. 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