Agenda — Jurupa Valley City Council, July 6, 2023 (part 1 of 5)

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, July 6, 2023
Closed Session: 6:00 p.m.

Regular Meeting: 7:00 p.m.

City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member

2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS

B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to five matters of potential litigation. A point has been reached where, in the opinion of A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.

B. A member of the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.

C. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.

D. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.

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the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.

3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED

SESSION

4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. APPROVAL OF AGENDA

8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”

9. PUBLIC APPEARANCE/COMMENTS

10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

Persons wishing to address the City Council on subjects other than those listed on th e Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.

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11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS GENERAL ASSEMBLY MEETING OF JUNE 29,
2023

2. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF

GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
JUNE 30, 2023
B. COUNCIL MEMBER BRIAN BERKSON

1. UPDATE ON THE RIVERSIDE TRANSIT AGENCY MEETING OF
JUNE 22, 2023

2. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA

REGIONAL RAIL AUTHORITY BOARD OF DIRECTORS
MEETING OF JUNE 23, 2023

3. UPDATE ON THE RIVERS IDE COUNTY TRANSPORT ATION
COMMISSION – WESTERN RIVERSIDE COUNTY PR OGRAMS
AND PROJECTS COMMITTEE MEETING OF JUNE 26, 2023

4. UPDATE ON THE SOUTHERN CALIFORNIA ASSOCIATION OF

GOVERNMENTS TRANSPOR TATION COMMITTEE MEETING
OF JULY 6, 2023

12. CITY MANAGER’S UPDATE

13. APPROVAL OF MINUTES

A. JUNE 15, 2023 REGULAR MEETING

14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS

INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public

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online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.

B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$9,133,649.72

Requested Action: That the City Council ratify the check registers dated May 24 and June 1, 7, 15 and 22, 2023 as well as the payroll registers dated May 26, 31 and June 9, 2023.

C. NOTICE OF COMPLETION FOR CITYWIDE PAVEMENT

REHABILITATION, LIMONITE AVENUE FROM FELSPAR STREET TO

PEDLEY ROAD, JURUPA ROAD FROM AGATE STREET TO GALENA STREET, RUBIDOUX BOULEVARD FROM 29 TH STREET TO 30 TH STREET, AGATE STREET FROM JURUPA ROAD TO MISSION BOULEV ARD, CIP #21101, IN THE CITY OF JURUPA VALLEY

1. Requested Action: That the City Council accept the Citywide Pavement Rehabilitation Project, CIP #21101 and authorize the City Manager to execute the Notice of Completion; and

2. Authorize the City Clerk to file the Notice of Completion with the Riverside County Recorder; and

3. Authorize staff to release retention 35 days after filing the Notice of Completion.

D. RESOLUTION OF INTENTION TO ESTABLISH CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022 -001
(APPALOOSA SPRINGS) GENERALLY LOCATED WEST OF CLAY

STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
Requested Action: That the City Council adopt Resolution No. 2023-49, entitled:

A RESOLUTION OF INTENTION OF THE CITY COUNC IL OF THE

CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022 -001 (APPALOOSA

SPRINGS) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX

WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)

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E. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC

SAFETY, APPALOOSA SPRINGS) AND TO AUTHORIZE THE LEVY

OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS); GENERALLY LOCATED WEST OF

CLAY STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE AVENUE, TRACT NO. 37714
Requested Action: That the City Council adopt Resolution No. 2023-50, entitled:

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE

CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002
(PUBLIC SAFETY , APPALOOSA SPRINGS) AND TO AUTHORIZE

THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC

SAFETY, APPALOOSA SPRINGS)

F. APPROVAL OF TRACT MA P NO. 37640 EMERALD RIDGE SOUTH LOCATED WEST OF AVAL ON STREET, AND NORTH OF CA -60

FREEWAY, ACCEPTANCE OF OFFERS OF DEDICATION, APPROVAL

OF SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF

IMPROVEMENT BONDS

1. Requested Action: That the City Council approve Tract Map 37640 and accept the dedication as follows:

a. Accept the real property described as an easement for street and public utility purposes for Lots “A” through “C.”
b. Accept the real property described as an easement for public utility and ingress and egress purposes. The dedication is the northeasterly 5 ft. of lots 139,198,225 and 227.
c. Accept the real property described as a variable width easement for drainage purposes on lot 229.
d. Accept the real property described as an easement for public and storm drain purposes, access and appurtenances. The dedication is for a portion of Canal Street, lot 228 and lots L, N, P and R, shown as Easement “I.”

2. Authorize the Mayor and City Clerk to sign Tract Map 37640.

3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and

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4. Accept the surety bonds for construction of related off -site improvements and survey monumentation.

G. AMENDMENT NO. 5 TO THE AGREEMENT FOR PROFESSIONAL

SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY
OF JURUPA VALLEY FOR FY 2023-2024

Requested Action: That the City Council approve Amendment No. 5 to the Agreement for Professional Services by and between the County of Riverside and the City of Jurupa Valley for Fiscal Year 2023 -2024 and authorize the City Manager to execute the Amendment in substantially the form attached to the staff report and in such final form as approved by the City Attorney.

H. APPEAL NO. 23001: MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO. 37211 (TTM37211M1), A REQUEST TO MODIFY CONDITION NO. 3.15 REGARDING ELECTRICAL LINE UNDERGROUNDING

ALONG PACIFIC AVENUE AND DETERMINE THAT NO FURTHER

CEQA REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES
SECTION 15162(a) ; LOCATION: SOUTHEAST CORNER OF CANAL
STREET AND OPAL STREET (APNS: 177 -130-007 & 177 -142-018); (APPLICANT: SEQUANATA PARTNERS, LP)

Requested Action: That the City Council adopt Resolution No. 2023-44, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY RESCINDING THE PLANNING COMMISSION’S DECISION
TO DENY MINOR CHANGE NO. 1 TO TENTA TIVE TRACT MAP NO.
37211 (TTM37211M1) WHICH REQUESTED THE DELETION OF
CONDITIONS NOS. 1.12 AND 2.15 REGARDING ESTABLISHING A

CFD FOR LANDSCAPING AND WATER QUALITY MANAGEMENT
FEATURES, AND CONDITION NO. 3.15 REGARDING THE

UNDERGROUNDING OF UTILITY LINES ALONG PACIFIC AVENUE,

AND DETERMINING THAT NO FURTHER CEQA REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162(A)

I. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 1 TO TWO PROFESSIONAL SERVICES AGREEMENTS WITH RSG, INC. FOR

THE RIO VISTA SPECIFIC PLAN AND FOR THE DISTRICT AT

JURUPA VALLEY PROJECT
Requested Action: That the City Council authorize the City Manager to execute the First Amendment to two Agreements with RSG, Inc. for professional services for the (1) Rio Vista Specific Plan; and (2) The District at Jurupa Valley project entitled:

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1. FIRST AMENDMENT TO “AGREEMENT FOR CONSULTANT

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND
RSG, INC., FOR PROFESSIONAL SERVICES FOR THE RIO
VISTA SPECIFIC PLAN”; and

2. FIRST AMENDMENT TO “AGREEMENT FOR C ONSULTANT

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND
RSG, INC., FOR PROFESSIONAL SERVICES FOR THE
DISTRICT AT JURUPA VALLEY”
J. INITIATION OF AN AMENDMENT TO THE GENERAL PLAN LAND

USE MAP AND ZONING MAP AND FOR PROPERTY LOCATED AT
3883 WALLACE STREET
Requested Action: That the City Council initiate an amendment to the General Plan Land Use and Zoning Maps for a property located at 3883 Wallace Street.

15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER A RESOLUTION
APPROVING THE FISCAL YEAR 2023-2024 THROUGH FISCAL
YEAR 2027 -2028 CAPITAL IMPROVEMENT PROGRAM FOR

THE CITY OF JURUPA VALLEY

1. Requested Action: That the City Council conduct a public hearing and receive input, if any, on the City of Jurupa Valley’s proposed Fiscal Year 2023 -2024 through Fiscal Year 2027 -2028 Capital Improvement Program; and

2. Adopt Resolution No. 2023-51, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CA LIFORNIA, APPROVING THE

CAPITAL IMPROVEMENT PROGRAM FOR FISCAL
YEAR 2023-2024 THROUGH 2027-2028
B. PUBLIC HEARING TO ADOPT A RESOLUTION

AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INSTALLATION AGREEMENT WITH CLIMATEC, INC., TO

DEVELOP AN ENERGY CONSERVATION AND

INFRASTRUCTURE MODE RNIZATION PROGRAM

PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
4217.10 TO 4217.18 AND DETERMINATION OF EXEMPTION
UNDER CEQA GUIDELINES SECTION 15301 AND PUBLIC
RESOURCES CODE SECTION 21080.35

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Requested Action: That the City Council adopt Resolution No. 2023-52, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, MAKING FINDINGS REQUIRED BY
CALIFORNIA GOVERNMENT CODE SECTION 4217.12,

APPROVING THE IMPLEMENTATION OF THE ENERGY

CONSERVATION AND INFRASTRUCTURE MODERNIZATION

PROGRAM, THE IMPLEMENTATION AGREEMENT WITH

CLIMATEC LLC, AND FINDING THAT THESE ACTIONS ARE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE
SECTION 21080.35 AND SECTION 15301 OF THE CEQA

GUIDELINES
C. PUBLIC HEARING TO CONSIDER A RESOLUTION CONFIRMING THE

DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS ON ALL

LOTS AND PARCELS OF LAND THEREIN FOR JURUPA VALLEY
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89 -1
CONSOLIDATED (JV L&LMD NO. 89 -1-C) - CITYWIDE AND
APPROVAL OF ENGINEER’S REPORT

1. Requested Action: That the City Council open the public hearing and accept testimony, if any; and

2. That the City Council continue the public hearing to the next regularly scheduled City Council meeting on July 20, 2023.

D. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO. 22004 (ZCA22004) ADDING CHAPTER 4.15 AND AMENDMENTS TO
TITLE 9 (“PLANNING AND ZONING”) OF THE JURUPA VALLEY

MUNICIPAL CODE TO PROHIBIT SHORT-TERM RENTALS AND FIND

THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT

TO THE COMMON SENSE EXEMPTION, CEQA GUIDELINES
SECTION 15061(b)(3)

1. Requested Action: That the City Council conduct a public hearing, receive public testimony, and consider the two following alternatives:

1. Conduct a first reading and introdu ce Ordinance No. 2023 -10, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, ADDING CHAPTER

4.15 TO THE JURUPA VALLEY MUNICIPAL CODE

RELATING TO THE PROHIBITION OF SHORT -TERM

RENTALS AND THE REQUIREMENTS FOR HOME -

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SHARING BUSINESSES MAKING RELATED
AMENDMENTS TO CHAPTER 9.35, AND FINDING AN
EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3)
OF THE CEQA GUIDELINES; or

2. Adopt Resolution No. 2023-53, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY, CALIFORNIA, DENYING THE

PROPOSED ZONING CODE AMENDMENT TO PROHIBIT
SHORT-TERM RENTALS; AND FINDING AN EXEMPTION
FROM CEQA UNDER SECTION 15270(A) OF THE CEQA

GUIDELINES

17. COUNCIL BUSINESS

18. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

19. CITY ATTORNEY’S REPORT

20. COUNCIL MEMBER REPORTS AND COMMENTS

21. ADJOURNMENT
Adjourn to the Regular Meeting of July 20, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332-6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less t han 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.

Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.

AGENDA ITEM NO. 13.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
June 15, 2023

2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session items.

B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION. The City Council met in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to five matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.

3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED

SESSION
City Attorney Peter Thorson reported that Council Member Leslie Altamirano did not participate in the clos ed session as she had accepted a campaign contribution and asked the city attorney to look into how it may affect her participation in the closed session action. There were no reportable actions taken.

RETURN TO AGENDA

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Mayor Chris Barajas called the regular meeting to order at 7:27 p.m.

5. INVOCATION was given by Pastor Kyle Fegan, Beacon Hill Church.

6. PLEDGE OF ALLEGIANCE was led by Mayor Chris Barajas.

7. APPROVAL OF AGENDA
A motion was made by Council Member Brian Berkson, seconded by Mayor Pro Tem Guillermo Silva, to approve the Agenda.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

8. PRESENTATIONS
A. QUARTERLY UPDATE – HEALTHY JURUPA VALLEY
Jesus Gomez Manzo, Program Manager with Reach Out, gave a quarterly update on their activities and programs. He conveyed an invitation to the 10 th Year Anniversary Celebration of Healthy Jurupa Valley on Tuesday, June 27 th at Crestmore Manor from 9 to 11 a.m.

B. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF

COMMERCE
Donald Malloy, President, Jurupa Valley Chamber of Commerce, gave a quarterly update on the Chamber’s growth in membership, activities, networking meetings, and upcoming events.

Council Member Armando Carmona encouraged the Chamber to reach out to the City’s local Latino businesses. Council Member Carmona stated that he would be happy to help engage the City’s local businesses in this effort.

9. PUBLIC APPEARANCE/COMMENTS
Thomas Elder voiced various concerns about the following issues: 1) the status of the grade separation project at Van Buren Boulevard; 2) the illegal food vendors who are “destroying the local economy” and are not paying taxes; and 3) the increase in graffiti and gangs.

Colin Markovich, representing Assembly Member Sabrina Cervantes gave a legislative update. He announced that a series of local senior scam stopper workshops will be held throughout the community. The first workshop (presented in Spanish only) will be held Friday, June 23 rd at the Eddie Dee Smith Senior Center from 9 to 11:00 a.m. , the second workshop will be held Friday, June 23 rd from 3 to 5 p.m., at the Ysmael Villegas

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Community Center; and the third workshop will be held Saturday, June 24 th from 10 a.m. to 12 p.m. at the Corona Public Library.

10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Armando Carmona thanked all those who supported the walk -a-thon fundraiser last Saturday, which was organized to increase awareness about Type 1 Diabetes and to support Analie Soria, a six -year old student from Troth Elementary School . He noted that more than 100 individuals joined the walk-a-thon and they raised over $2,000.

He encouraged members of the community that have children with Type 1 Diabetes to get in touch with the Padre Foundation as they provide valuable resource s. He thanked Planning Commissioner Yesenia Villagomez and all those who came out to support the neighborhood cleanup on Bain Street last week. He discussed the importance of standing up to racist comments and hate.

Council Member Leslie Altamirano thanked Council Member Carmona for helping to increase awareness about Type 1 Diabetes in children as her own daughter was recently diagnosed with the disease. She echoed his comments about standing up to racism and hate.

Mayor Pro Tem Guillermo Silva echoed the previous comments about standing up to racism and hate. He thanked the Jurupa Area Recreation and Park District for hosting Mariachi Tecuala at Rancho Mira Loma Park as there was a great turnout and it was a great family friendly event. He conveyed Happy Father’s Day wishes.

11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. Mayor Chris Barajas gave an update on t he Joint meeting of the Western Riverside Council of Governments Executive Committee and Supporting Foundation meeting of June 5, 2023.

2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments Administration & Finance Committee meeting of June 14, 2023.

B. MAYOR PRO TEM GUILLERMO SILVA

1. Mayor Pro Tem Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of June 15, 2023.

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C. COUNCIL MEMBER LESLIE ALTAMIRANO

1. Council Member Leslie Altamirano gave an update on the Western Riverside County Regional Conservation Authority meeting of June 5, 2023.

D. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of June 8, 2023.

2. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance committee meeting of June 9, 2023.

3. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of June 14, 2023.

4. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Reduction Review Committee meeting of June 15, 2023.

12. CITY MANAGER’S UPDATE

City Manager Rod Butler reported that he, Mike Flad and Joe Perez had a working lu nch today with Colby Diuguid , General Manager of the Jurupa Area Recreation and Park District. Mr. Diuguid discussed the development of a long term parks and recreation master plan and their desire to get input from partner agencies, residents, business owners, and other interested parties. Mr. Diuguid will be forwarding an invitation to the Council to participate as a stakeholder on Wednesday, July 12, 2023.

13. APPROVAL OF MINUTES

A. JUNE 1, 2023 REGULAR MEETING
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Leslie Altamirano, to approve the Minutes of the June 1, 2023 regular meeting.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

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14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS

B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY ACCEPTING CERTAIN STREETS INTO THE CITY
MANTAINED STREET SYSTEM FOR TRACT MAP 36391 RIVERBEND
LOCATED ON 68 TH STREET BETWEEN PATS RANCH ROAD AND
DANA AVENUE (LENNAR HOMES OF CALIFORNIA, INC.)

1. Requested Action: That the City Council a dopt Resolution No. 2023 -40, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , CALIFORNIA, ACCEPTING CERTAIN

STREETS INTO THE CITY MAINTAINED STREET SYSTEM
(TRACT MAP 36391 RIVERBEND LOCATED ON 68 TH STREET

BETWEEN PATS RANCH ROAD AND DANA AVENUE )
PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806

2. Authorize the City Manager to record the Notice of Completion; and

3. Direct the City Engineer to release the Labor and Materials and Performance Bonds for the street improvements and the Monument Bond.

C. ADOPTION OF A RESOLUTION ESTABLISHING THE FISCAL YEAR 2023-24 APPROPRIATIONS LIMIT

Requested Action: That the City Council adopt Resolution No. 2023-41, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ESTABLISHING AN AMENDED APPROPRIATIONS LIMIT
FOR THE FISCAL YEAR 2023 -24 PURSUANT TO ARTICLE XIIIB OF

THE CALIFORNIA CONSTITUTION

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D. QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING
DECEMBER 31, 2022 AND MARCH 31, 2023 FOR FISCAL YEAR 2022/2023

Requested Action: That the City Council receive and file the quarterly investment reports for Fiscal Year 2022/2023 quarter ending December 31, 2022 and March 31, 2023.

E. FIRST AMENDMENT TO THE AGREEMENT BETWE EN THE CITY

OF JURUPA VALLEY AND CIVICA LAW GROUP, A PC, FOR ON -
CALL LEGAL SERVICES – REMOVED FROM THE CON SENT

CALENDAR FOR FURTHER DISCUSSION

Requested Action: That the City Council approve the First Amendment to the Agreement between the City of Jurupa Valley and Civica Law Group, APC (CIVICA) formerly known as Silver and Wright LLP for On -Call Legal Services and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

F. AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE

COUNTY OF RIVERSIDE

Requested Action: That the City Council app rove the Agreement for Law Enforcement Services with the County of Riverside through the Sheriff’s Department for a term of five (5) years, and authorize the Mayor to execute the agreement on behalf of the City.

G. CONSIDERATION OF ANIMAL FIELD AND SHELTER SERVICES

AGREEMENT BETWEEN THE CITY AND THE COUNTY OF

RIVERSIDE

1. Requested Action: That the City Council approve the Agreement for Animal Field and Shelter Services between the City of Jurupa Valley and the County of Riverside; and

2. Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form submitted to the City Council.

H. APPROVAL OF THE SECOND AMENDMENT BETWEEN THE CITY OF JURUPA VALLEY AND ST C TRAFFIC, INC. FOR ON-CALL TRAFFIC

ENGINEERING SERVICES

Requested Action: That the City Council approve the Second Amendment to the Agreement between the City of Jurupa Valley and STC Traffic, Inc. for On -Call Traffic Engineering Services and authorize the City Manager to execute the amendment in substantially the form and format attached to the staff report as approved by the City Attorney.

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I. ADOPTION OF THE LIST OF PROJECTS FOR FISCAL YEAR 2023/2024 FUNDED BY SENATE BILL 1

Requested Action: That the City Council adopt Resolution No. 2023-42, entitled:

A RESOLUTION OF THE C ITY COUNCIL OF THE C ITY OF JURUPA

VALLEY, CALIFORNIA, ADOPTING A LIST OF P ROJECTS FOR
FISCAL YEAR 2023/24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

J. ACCEPTANCE OF GRANT OF EASEMENT FOR THE PURPOSE OF

ACCESS AND M AINTENANCE OF A STORM DRAIN LINE OVER

PRIVATE PROPERTY FOR THE APPALOOSA DEVELOPMENT (TR
37714) (FORESTAR (USA) REAL ESTATE GROUP INC.) ; NORTH OF

VAN BUREN BOULEVARD AND SOUTH OF THE UNION PACIFIC
RAILROAD, NW CORNER OF APN 163-400-046

1. Requested Action: That the City Council accept the offer of dedication of an easement for the purpose of accessing the storm drain line over private property, as described on the Grant of Easement (DED22 -006) attached to the staff report.

2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication for DED22-006.

K. AUTHORIZATION TO PARTICIPATE IN AND APPROVAL OF THE

AMENDED AND RESTATED JOINT POWERS AGREEMENT OF FIRE

RISK MANAGEMENT SERVICES (FORMERLY FDAC EMPLOYEE

BENEFITS AUTHORITY)

1. Requested Action: That the City Council adopt Resolution No. 2023 -43, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, AUTHORIZING PARTICIPATION IN AND

APPROVING THE AMENDED AND RESTATED JOINT

EXERCISE OF POWERS AGREEMENT OF T HE FIRE RISK

MANAGEMENT SERVICES JOINT POWERS AUTHORITY

2. Authorize the City Manager, or designee, to executive all documents pursuant to the proposed agreement, including the ability to make minor non-substantive changes.

L. INITIATION OF A GENERAL PLAN TECHNICAL AMENDMENT TO:
1) AMEND TABLE 2 -4 ‘SUMMARY OF GENERAL PLAN LAND USE
DESIGNATIONS’ TO ADD MINIMUM RESIDENTIAL DENSITIES; 2)

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AMEND TABLE 2 -5 ‘GENERAL PLAN LAND USE DESIGNATIONS
AND CONSISTENT ZONE DISTRICTS’ TO CORRECT
INACCURACIES; AND 3) MAKE OTHER MINOR EDITS AND
CORRECTIONS – REMOVED FROM THE CON SENT CALENDAR

FOR FURTHER DISCUSSION

Requested Action: That the City Council initiate a General Plan Technical Amendment to: 1) amend Table 2 -4 ‘Summary of General Plan Lan d Use Designations’ to add minimum residential densities; 2) amend Table 2 -5 ‘General Plan Land Use Designations and Consistent Zone Districts’ to correct inaccuracies; and 2) make other minor edits and corrections.

M. CONSIDERATION OF RESOLUTIONS REGARDIN G THE ANNUAL

ASSESSMENTS FOR CITY OF JURUPA VALLEY LA NDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1 CONSOLIDATED (JV L&LMD NO. 89-1-C) – CITYWIDE

1. Requested Action: That the City Council adopt Resolution No. 2023 -47, entitled:

A RESOLUTION OF THE CITY OF JURUPA VALLEY ORDERING
THE PREPARATION OF T HE ENGINEER’S REPORT

REGARDING PROPOSED A SSESSMENTS TO BE LEV IED AND
COLLECTED FOR FISCAL YEAR 2023- 24 WITHIN ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21 , 34, 61, 73, 78, 95 , 102, 106, 126, 128, 132, 137, 141, 142, 173, 182, A, C, E, F, G, I, K, L, M , N, O, P, S, T, U, W, X, Y, Z; DD, EE, FF, II AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39, 41, 62, 69, 86, 91, 93, 94, 102, 2-A, 2-B, 2-C, 2-D, 2-E, 2-F AND 2-G OF

CITY OF JURUPA VALLE Y LANDSCAP E AND LIGHTING
MAINTENANCE DISTRICT NO. 89 -1- CONSOLIDATED

PURSUANT TO THE LAND SCAPING AND LIGHTING ACT OF
1972

2. That the City Council adopt Resolution No. 2023-48, entitled:

A RESOLUTION OF THE CITY OF JURUPA VALLE Y

DECLARING ITS INTENT ION TO LEVY AND COLL ECT
ASSESSMENTS WITHIN ZONES 4, 5, 6, 7, 9, 14, 16, 17, 21, 34, 61, 73, 78, 95, 102, 106, 126, 128, 132, 137, 141, 142, 173, 182, A, C, E, F, G, I, K, L, M, N, O, P, S, T, U, W, X, Y, Z; DD, EE, FF, II AND STREET LIGHTING ZONES 5, 7, 15, 17, 19, 39, 41, 62, 69, 86, 91, 93, 94, 102, 2-A, 2-B, 2-C, 2-D, 2-E, 2 -F AND 2 -G OF THE CITY OF JURUPA

VALLEY LANDSCAPING A ND LIGHTING MAINTENA NCE
DISTRICT NO. 89 -1-CONSOLIDATED PURSUANT TO T HE
LANDSCAPING AND LIGH TING ACT OF 1972 FOR THE

MAINTENANCE AND SERV ICING OF LANDSCAPING , MULTI-

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PURPOSE TRAILS, FENC ING, FOSSIL FILTERS, BIO-SWALES,

GRAFFITI ABATEMENT, TRAFFIC SIGNALS, BRIDGE LIGHTS,
AND STREET LIGHTS FOR FISCAL YEAR 2023-24; AND GIVING

NOTICE OF AND SETTING THE TIME AND PLACE OF THE

PUBLIC HEARING ON TH E ANNUAL ASSESSMENT AND

ORDERING NOTICE OF T HE PUBLIC HEARING TO BE

PUBLISHED

A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Leslie Altamirano, to approve the Consent Calendar, with the exception of Items 14.E and 14.L , which were removed for further discussion.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

14.E FIRST AMENDMENT TO THE AGREEMENT BETWEE N THE CITY

OF JURUPA VALLEY AND CIVICA LAW GROUP, A PC, FOR ON -

CALL LEGAL SERVICES

Council Member Armando Carmona requested that Item 14.E be removed from the Consent Calendar for further discussion.

City Manager Rod Butler provided additional information and responded to Council’s comments.

Council Member Carmona suggested that the Council would be funding a firm outside the purview of the City Attorney’s Office and he would prefer that there be an amendment that the cases under this new law firm be under the purview of the City Attorney’s Office and that the expenses come out of the City Attorney’s Budget instead of Code Enforcement.

Further discussion followed.

A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Armando Carmona , as amended to approve the First Amendment to the Agreement between the City of Jurupa Valley and Civica Law Group, APC (CIVICA) formerly known as Silver and Wright LLP for On-Call Legal Services and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney ; and to keep the expenses under th e City Attorney’s budget as a separate line item.

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Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

14.L INITIATION OF A GENERAL PLAN TECHNICAL AMENDMENT TO:
1) AMEND TABLE 2 -4 ‘SUMMARY OF GENERAL PLAN LAND USE
DESIGNATIONS’ TO ADD MINIMUM RESIDENTIAL DENSITIES; 2)
AMEND TABLE 2 -5 ‘GENERAL PLAN LAND USE DESIGNATIONS
AND CONSISTENT ZONE DISTRICTS’ TO CORRECT
INACCURACIES; AND 3) MAKE OTHER MINOR EDITS AND

CORRECTIONS

Council Member Armando Carmona requested that Item 14.L be removed from the Consent Calendar for further discussion.

Joe Perez, Community Development Director, provided additional information and responded to Council’s comments.

Further discussion followed.

A motion was made by Council Member Brian Berkson , seconded by Council Member Leslie Altamirano , to initiate a General Plan Technical Amendment to: 1) amend Table 2 -4 ‘Summary of General Plan Land Use Designations’ to add minimum residential densities; 2) amend Table 2 -5 ‘General Plan Land Use Designations and Consistent Zone Districts’ to correct inaccuracies; and 2) make other minor edits and corrections.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

16. PUBLIC HEARING

A. PUBLIC HEARING TO CONSIDER APPEAL NO. 23001: MINOR
CHANGE NO. 1 TO TENTATIVE TRACT MAP NO. 37211 (TTM37211M1), A REQUEST TO MODIFY CONDITION NO. 3.15 REGARDING ELECTRICAL

LINE UNDERGROUNDING ALONG PACIFIC AVENUE AND DETERMINE

THAT NO FURTHER CEQA REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162(a); LOCATION: SOUTHEAST CORNER OF CANAL STREET AND OPAL STREET (APNS: 177 -130-007 & 177 -142- 018); (APPLICANT: SEQUANATA PARTNERS, LP)

Roberto Gonzales, Senior Planner , presented the staff report. Mr. G onzalez provided an overview of the project and the minor change request, which relates to the waiver of the undergrounding of the electrical lines due to the substantial amount of work and costs. Mr. Gonzalez reported that shortly after the Planning

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Commission denied the applicant’s request for the minor change, the applicant submitted an appeal to the City Council. Since this time, staff developed an undergounding alternative which would allow Pole 1 and Pole 2 to remain on the site, however, Pole 1.5 would be undergounded. In addition, the utility lines between poles 1 and 2 (240 linear square feet) must be undergounded. This prevents the more expensive work of undergrounding across SR 60. Mr.

Gonzalez noted that there is one caveat to the plan which r equires approval of Southern California Edison.

Further discussion followed.

Mayor Chris Barajas opened the public hearing.

Paul Onofer, representing Sequanata Partners ( applicant), spoke in support of staff’s recommendation. He offered to answer any questions.

There being no further comments, the public hearing was closed.

Mayor Chris Barajas commended the developer for funding a very expensive sound wall which will benefit not only the new residents, but the existing residents as well. The project was also conditioned to include a new sewer line if the existing residents choose to switch from septic to sewer.

Council Member Armando Carmona stated that he would vote no on the appeal, as he is opposed to lessening conditions for developers. He commen ded the Planning Commission for sustaining conditions that improve the quality of life for the community.

A motion was made by Council Member Brian Berkson, seconded by Council Member Leslie Altamirano , to approve the appeal to the Planning Commission decision and proceed with the implementation of the alternative remedy proposed by the staff. This alternative entails the specific requirement of undergrounding utilities exclusively along the frontage of the p roperty. As a result, staff will prepare a drafted resolution for the City Council's consideration at the upcoming regular meeting.

Ayes: L. Altamirano, C. Barajas, B. Berkson, G. Silva
Noes: A. Carmona

Absent: None

17. COUNCIL BUSINESS

A. RESOLUTION ADOPTING A BUDGET FOR FISCAL YEAR 2023-24

Connie Cardenas, Administrative Services Director, presented the staff report.

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Council Member Brian Berkson stated that last year he requested that funds be set aside for bus shelters. He questioned if this is included in this year’s budget.

City Manager Rod Butler clarified that staff plans to come back at a later time with some proposals on the costs, locations, and possible grant funding.

Council Member Berkson requested that a staff report be brought back within 60 days that includes concepts for bus shelters that would be placed throughout the city at the most prominent locations based on the total volume of riders that are either currently using, or are predicted to use a route.

Council Member Armando Carmona suggested that when the City’s budget is allocated to fund community events that members of the local community be encouraged to participate in the organization of the event and to provide input. He requested a n additional budget item to include pre -fab structure plans for barns, sheds, horse stalls and patio covers.

A motion was made by Council Member Leslie Altamirano , seconded by Mayor Pro Tem Guillermo Silva, to adopt Resolution No. 2023-45, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ADOPTING A BUDGET AND APPROVING
INITIAL APPROPRIATIONS FOR THE FISCAL YEAR JULY 1, 202 3 THROUGH JUNE 30, 2024
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

B. FISCAL YEAR 2022-23 YEAR-END BUDGET AMENDMENTS

Connie Cardenas, Administrative Services Director, presented the staff report.

Further discussion followed.

A motion was made by Council Member Leslie Altamirano, seconded by Council Member Brian Berkson , to approve Fiscal Year 2022 -23 Year-End Budget Amendments to the City’s Budget as presented in the exhibit to the staff report.

Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

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C. APPROVAL OF ESTABLISHMENT OF THE SALARY SCHEDULE FOR FISCAL YEAR 2023 -2024, INCLUDING THE 3% COST OF LIVING

ADJUSTMENT

Michael Flad, Assistant City Manager, presented the staff report.

A motion was made by Council Member Brian Berkson, seconded by Mayor Chris Barajas, to adopt Resolution No. 2023-46, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ESTABLISHING A CLASSIFICATION AND
COMPENSATION SALARY SCHEDULE INCLUDING THE 3% COLA
FOR THE FISCAL YEAR JULY 1, 2023 THROUGH JUNE 30, 2024
Ayes: L. Altamirano, C. Barajas, B. Berkson, A. Carmona, G. Silva Noes: None

Absent: None

18. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

Mayor Pro Tem Guillermo Silva requested an update on the Sky Country Landscape, Lighting, and Maintenance District.

19. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.

20. COUNCIL MEMBER REPORTS AND COMMENTS
Mayor Chris Barajas announced that Lieutenant Sean Vickers was promoted to oversee the Ben Clarke Training Center. He announced that the United Sikh Mission will be handing out personal pizzas to the first 500 people at their food pantry this Saturday at 7940 Mission Boulevard.

21. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 9:59 p.m.

The next meeting of the Jurupa Valley City Council will be held July 6, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

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Respectfully submitted,

____________________________
Victoria Wasko, CMC
City Clerk

Page | 1
120

STAFF REPORT
DATE: JULY 6, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 14.B
CHE

CK REGISTERS
RECO

MMENDATION
That
the City Council ratify the check registers dated May 24 and June 1, 7, 15 and 22, 2023 as well as the payroll registers dated May 26, 31 and June 9, 2023.

The C
ity Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2022- 23 Budget was adopted on June 1 6, 2022. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

ANAL
YSIS
All e
xpenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated June 7, 2023 includes an $18,578.88 and a $12,592.88 payment to Chase Card Services. The Statement, with purchase details, is attached herewith.

HER INFORMATION
N
one.

INANCIAL IMPACT
C
heck registers:
05 /24/23 $ 568,715.43
06/01/23 $ 350,781.15
06/07/23 $ 4,865,172.83
06/15/23 $ 768,668.94

RETURN TO AGENDA

Page | 1
S

TAFF REPORT
DAT
E: JULY 6, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.C
NO

TICE OF COMPLETION FOR CITYWIDE PAVEMENT

REHABILITATION, LIMONITE AVENUE FROM FELSPAR STREET

TO PEDLEY ROAD, JURUPA ROAD FROM AGATE STREET TO GALENA STREET, RUBIDOUX BOULEVARD FROM 29TH
STREET TO 30TH STREET, AGATE STREET FROM JURUPA
ROAD TO MISSION BOULEVARD, CIP #21101, IN THE CITY OF

JURUPA VALLEY
RECO

MMENDATION

1. That t
he City Council accept the Citywide Pavement Rehabilitation Project, CIP #21101 and authorize the City Manager to execute the Notice of Completion; and

2. Authorize the City Clerk to file the Notice of Completion with the Riverside County Recorder; and

3. Authorize staff to release retention 35 days after filing the Notice of Completion.

BACKGROUND
At its re gular meeting on August 18, 2022, the City Council approved the Fiscal Year 2022-2023 through Fiscal Year 2026- 2027 Capital Improvement Program (“CIP”). The 2021-2022 Citywide Pavement Rehabilitation, CIP #21101 was included in the previous five-year CIP and subsequently carried over to the most recently adopted CIP. The project scope consisted of grinding and overlaying the street, reconstructing curb and gutter, sidewalk, driveway approach, and paving with rubberized asphalt pavement. The project locations were Limonite Avenue from Felspar Street to Pedley Road, Jurupa Road from Agate Street to Galena Street, Agate Street from Jurupa Road to Mission Boulevard, and Rubidoux Boulevard from 29
th Street to 30th Street.

RETURN TO AGENDA
Page | 2

The Notice Inviting Bids was published in June 2022 and the City received five bids at the end of the solicitation period. At its regular meeting on September 1, 2022, the City Council awarded the construction contract for 2021- 2022 Citywide Pavement Rehabilitation to Vance Corporation. Vance Corporation was the lowest responsive and responsible bidder with a bid in the amount of $2,078,482.50. The project was evaluated in accordance with the California Environmental Quality Act and determined to be exempt as it was a maintenance project.

ANALYSIS
Vance Corporation began construction on December 5, 2022 and completed the work in a satisfactory manner. There were no unknown or unforeseen conditions encountered that required any changes to the planned work.

City Public Works /Engineering Department Staff provided construction management services. Inspection services were performed by an engineering consultant, which included monitoring compliance with contract documents, temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project.

Executing and recording the Notice of Completion formally memorializes the project’s completion. If no liens are filed within 35 days of recording the Notice of Completion, City staff shall release retention for the project. Per the construction contract, retention is 5% of the total amount of each progress payment, which is withheld by the City until the project is complete.

FINANCIAL IMPACT
The original contract is $2,078,482.50 and the final contract amount is $1,892,606.15.

The change in the contract amount was due to quantity adjustments during construction.

The project was funded by the Road Maintenance and Rehabilitation Accounts (RMRA) SB1 and Measure “A” funds.

ALTERNATIVES

1. Do not approve the Notice of Completion.

2. Provide alternative direction to Staff.

************************ SIGNATURES ON FOLLOWING PAGE *************************

RECORDING REQUESTED

BY AND WHEN RECORDED
MAIL TO:

City Clerk
City of Jurupa Valley
8930 Limonite Ave.

Jurupa Valley CA, 92509
(For Recorder’s Use)

NOTICE OF COMPLETION
(Civil Code 3093 – Public Works)

NOTICE IS HEREBY GIVEN by the undersigned owner, a public entity of the State of California that a public work of improvement has been completed as follows:

Project title or description of work: Project (CIP 21101) Date of completion: June 14, 2023
Nature of owner: City/Public Entity
Interest or estate of owner: City of Jurupa Valley as public right-of-way Address of owner: 8930 Limonite Ave
Jurupa Valley, CA 92509

Name of contractor: VANCE CORPORATION
P.O. BOX 575
BEAUMONT, CA, 92223

Street address or legal description of site: Limonite Avenue from Felspar Street to Pedley Road, Jurupa Road from Agate Street to Galena Street, Rubidoux Boulevard from 29th Street to 30th Street, Agate Street from Jurupa Road to Mission Boulevard.

Signature of Director of Public Works/City Engineer

Paul Toor
Director of Public Works/City Engineer

Verification

I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct.

Executed at Jurupa Valley, California on this 6th of July, 2023.

By: Attest:

Rod B. Butler
City Manager
Victoria Wasko, CMC
City Clerk

Page | 1
S

TAFF REPORT
DAT
E: JULY 6, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.D

RESOLUTION OF INTENTION TO ESTABLISH CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022- 001
(APPALOOSA SPRINGS) GENERALLY LOCATED WEST OF CLAY

STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2023-49, entitled:

A RESO

LUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 20 22-001 ( APPALOOSA SPRINGS) AND TO

AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 20 22-001 (APPALOOSA

SPRINGS)
BAC

KGROUND
The S
tate legislature enacted the Mello- Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer , Jurupa Valley, LLC, a California corporation, requested that the City assist them in forming a district for the City to cover the costs associated with the maintenance of public improvements within the proposed district. Refer to the Rate and Method of Apportionment attachment for Special Tax Services, the special tax generally covers the following services:
• S
treetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Clay Street and interior street of Tract No. 37714 (Appaloosa Springs development) which are identified on the City approved Street Light Plans related to Tract No. 37714 Appaloosa Springs;

RETURN TO AGENDA
Page | 2

• The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City trails and fencing, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022- 001 for Clay Street CFD and for Interior Street CFD, including landscape within Clay Street median; • The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris; • The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714;
• The operation and maintenance cost of traffic signals at the intersections of Clay Street and Linares Avenue;
• The operation and maintenance cost and/or servicing of any of the foregoing; • Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundaries; and
• All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, repor ting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. • Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.
• Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

The development is proposed to include a total of 254 residential parcels. The CFD is comprised of approximately 25.84 taxable acres or residentially zoned land within 67.38 acres of land. Non-assessable area within the boundary includes lots held by H ome Owners Association (HOA), lots owned by public agencies (City of Jurupa Valley and JARPD), and open lots/conservation areas.

ANALYSIS

Approval of the attached Resolution is required under the Act to levy a special tax and fund certain services. The attached Resolution declares the City’s Council’s intention t o form the proposed CFD No. 2022-001 (Appaloosa Springs) and to authorize the levy of a Page | 3

special tax in accordance with an attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the initial step for forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the formation of the proposed CFD No. 2022-001 to the landowners at a special election to be conducted by mailed ballot.

The proposed district will have a M aximum Special Tax in the amount of $1 ,322.00 per taxable unit per year for single residential and multifamily residential parcels, and a Maximum Special Tax of $12,993.00 per acre for Non-Residential property. These rates will increase based on the percentage increase in the Consumer Price Index , for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.

A public hearing on this matter will take place on August 17, 2023, and at that time the Council will hear any testimony concerning the formation and take action to adopt the “Resolution of Formation.”

OTHER INFORMATION

The Mello-Roos Community Facilities Act of 1982 (the “Act”) authorizes the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received the signed petitions from all land owners.

FINANCIAL IMPACT

The individual property owners are responsible for the annual payments of special taxes.

The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller.

The property owners have posted a deposit with its application to form the CFD in order to cover City costs incurred in connection with the formation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by the CFD.

The City’s cost to administer the CFD annually will be reimbursed through the special taxes charged to property owners.

ALTERNATIVES

1. Take no action.

2. Provide staff with further direction.

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RESOLUTION NO. 2023-49

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE

CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA

SPRINGS) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX

WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)
RECITALS:

WHEREAS, this City Council (the “City Council”) of the City of Jurupa Valley (the “City”) has received a petition (the “Petition”) requesting the institution of proceedings , which is signed by the owner of the land proposed for inclusion in a proposed community facilities district (the “Owner”) and which meet the requirements of Sections 53318 a nd 53319 of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of Title 5 of the California Government Code (the “Act”); and
WHEREAS, the Act authorizes the City Council to establish a community facilities district and to levy special taxes within that district; and
WHEREAS, in accordance with the request set for th in the Petition, the City Council desires to undertake proceedings to establish a community facilities district pursuant to the Act to finance certain services which are in addition to services currently provided in the territory of the proposed district and are necessary to meet increased demands place d upon the City as a result of the development of such land;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY:

1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act.

2. Name of District. The name of the proposed community facilities district is "City of Jurupa Valley Community Facilities District No. 2022-001 (Appaloosa Springs) (the "District").

3. Boundaries of District . The exterior boundaries of the District are shown on the map now on file in the office of the City Clerk entitled “ Proposed Boundary - Community Facilities District No. 2022-001 (Appaloosa Springs)” (the “Map”).

The Map indicates by a boundary line, the extent of the territory included in the proposed District and shall govern for all details as to the extent of the District. On the original and one copy of the Map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of the Map in her office and, within fifteen days after the adoption of this Resolution, the City Clerk shall file a copy of the Map so endorsed in the records of the County Recorder, County of Riverside, State of California, and in any event -2-

this Map shall be filed no later than fifteen days before the public hearing specified in Section 6 below.

4. Services. The type of services proposed to be provided within the District and to be financed under the Act shall consist of those services set forth on Exhibit "A" (the " Services"), attached hereto and incorporated herein by reference. The Services are in addition to services currently provided in the District and are necessary to meet increased demands placed upon the City as a result of the development occurring in the District.

5. Special Tax.
a. Except where funds are otherwise available to pay for the Services, it is the intention of the City Council, commencing Fiscal Year 2024-2025, to levy annually in accordance with procedures contained in the Act a sp ecial tax (the "Special Tax") within the District sufficient to pay for the costs thereof, including incidental expenses. The types of incidental expenses proposed to be incurred are set forth in Exhibit “B.” The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collected, or in such other manner as may be provided by the City Council including, without limitation, direct billing of the affected property owner, and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applicable for ad valorem property taxes. In the first year in which the Special Tax is levied, the levy shall include a sum sufficient t o repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.
b. The proposed Rate and Method of Apportionment of the Special Tax (the “Rate and Method”) among parcels of real property in the D istrict, in sufficient detail to allow each resident or landowner within the proposed District to estimate the maximum amount such resident or owner will have to pay, is shown in Exhibit "C," attached hereto and incorporated herein by reference. The City Council hereby determines the Rate and Method set forth in Exhibit “C” to be reasonable.

6. Hearing. A public hearing on the establishment of the District, the extent of the District, the furnishing of Services within the District, and the proposed Rate an d Method (the "Hearing") shall be held on August 17, 2023, at 7:00 p.m., or as soon thereafter as practicable, at the City Council Chamber of the City of Jurupa Valley, 8930 Limonite, Jurupa Valley, California 9 2509. At the Hearing, any interest ed person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard.

7. Report. The Staff of the City is directed to study the proposed District and prepare for filing at the Hearing the repor t required by Section 53321.5 of the Act. The -3-

staff of the City may delegate to consultants of the City the duty to perform the study and prepare the report.

8. Advances. The City may accept advances of funds or work in -kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in -kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest.

9. Published Notice . The City Clerk is hereby directed to publish a notice of the Hearing ("Notice") pursuant to Section 6061 of the California Government Code in a newspaper of general circulation published in the area of the proposed District.

Such Notice shall be substantially in the form specified in Section 53222 of the Act.

Publication of the Notice shall be completed at least seven days prior to the date of the Hearing.

10. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least fifteen days prior to the date of the Hearing.

11. Voting. Should the City Council determine to form the District, a special election will be held within the District to authorize the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the District. Ballots for the special election may be distributed by mail with return postage prepaid or by personal service.

12. Exemptions from Special Tax . Except as may oth erwise be provided in Exhibit “C” hereto or by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Facilities and Services. In addition, reference is hereby made to Exhibit “C” for a description of other lands which shall be omitted from the levy of the Special Tax.

13. Election to Perform Work . Pursuant to 53329.5(c) of the Act, the City Council finds that, in its opinion, the public interest will not be served by allowing property owners in the District to enter into a contract pursuant to Section 53329.5(a) -4-

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 6th day of July, 2023.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

-5-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023-49 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 6th day of July, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 6th day of July, 2023.

Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
EXHIBIT "A"

DESCRIPTION OF SERVICES
Authorized Services for Special Tax A shall be the following:
 Streetlights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights located on Clay Street and interior street of Tract No. 37714 (Appaloosa Springs development) which are identified on the City approved Street Light Plans related to Tract No. 37714 Appaloosa Springs;  The maintenance of landscape and all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City t rails and fencing, monuments, lights, electricity, and related repair, replacement and inspection; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022-001 for Clay Street CFD and for Interior Street CFD, including landscape within Clay Street median;
 The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris;  The maintenance, administration and inspections of stormwater facilities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714;
 The operation and maintenance cost of traffic signals at the intersections of Clay Street and Linares Avenue;
 The operation and maintenance cost and/or servicing of any of the foregoing;  Litter and graffiti removal on soundwalls an d other amenities, plus normal painting as required within CFD boundaries; and
 All other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement.

Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working o rder, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.  Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.  Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

B-1

EXHIBIT "B"

INCIDENTAL EXPENSES

The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, Election costs, and charges and fees of the City other than those waived.

The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs of postin g and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.

C-1

EXHIBIT “C”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

(Please see attached)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)

OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

A Special Tax (all capitalized terms are defined in Section A., “Definitions, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022- 001 (Appaloosa Springs). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2024-2025, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acr eage means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.

“Act means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

“Administrative Expenses means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out its duties as the Administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

“Administrator means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

“Approved Property means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which
the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Assessor means the Assessor of the County.

“Assessor’s Parcel Map means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicabl e assessment roll.

“Base Year means the Fiscal Year ending June 30, 2025.

“Boundary Map means a recorded map of the CFD which indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes.

"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance.

“CFD means Community Facilities District No. 2022- 001 (Appaloosa Springs) of the City of Jurupa Valley.

“City means the City of Jurupa Valley, California

“Consumer Price Index means the Consumer Price Index published by the U.S.

Bureau of Labor St atistic for “All Urban Consumers in the Riverside -San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside -San Bernardino- Ontario Area.

“Council means the City Council of the City acting as the legislative body of the CFD.

“County means the County of Riverside, California.

“Developed Property means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1
st preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Dwelling Unit or “(D/U) means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Exempt Property means any Parcel which is exempt from Special Taxes pursuant to Section E., below.

“Final Map means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

“Fiscal Year means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

“Land Use Class means any of the classes listed in Table 1 of Section C. below.

“Maximum S pecial Tax means for each Parcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C., below, which may be levied on such Parcel in such Fiscal Year.

“Multifamily Residential Property means all Parcels of D eveloped Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

“Non-Residential Property means all Parcels of Develope d Property f or which a Building Permit was issued, permitting the construction of one or more non- residential structures.

“Parcel(s) means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for
which the Special Tax is being levied.

“Property Owner’s Association Property means all Parcels which have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub- association, prior to April 1 st preceding the
Fiscal Year in which the Special Tax is being levied.

“Proportionately means for Parcels of Taxable Property that are (i) Developed Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property.

“Public Property means all Parcels which, as of April 1 st preceding the Fiscal Year in
which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified accor ding to its use; or

(ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

“Residential Property means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

“Single Family Property means all Parcels of Residential Property, other than Multifamily Residential Property.

“Special Tax means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D to fund the Special Tax Requirement.

“Special Tax Requirement means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fi scal Year as determined by the City; (ii) fund the Special Tax Reserve Fund in an amount equal to the lesser of (a) 20% of the Special Tax Reserve Fund Requirement or (b) the amount needed to fund the Special Tax Reserve Fund up to the Special Tax Reserve Fund Requirement, (iii) pay Administrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax levy as determined by the Administrator.

“Special Tax Reserve Fund means a fund to be used for capital replacement and maintenance costs related to the Special Tax Services.

“Special Tax Reserve Fund Requirement means an amount up to 150% of the anticipated annual cost of Special Tax Services of $ 335,729 for the Base Year. The Special Tax Reserve Fund Requirement shall be increased annually, commencing July 1, 2025 , based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent ( 6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year.

“Special Tax Services means: (i) Streetlights maintenance including energy charges, operation, maintenance, and administrative cost s of streetlights located on Clay Street and interior street of Tract No. 37714 (Appaloosa Springs development) which are identified on the City approved Street Light Plans related to Tract No. 37714 A ppaloosa Springs; (ii) the maintenance of landscape and all landscaping mater ials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, sidewalks, City trails and fencing, monuments, lights, electricity, and related repair, replacement and inspect ion; as identified on the City approved CFD Landscape Plans for Tract No. 37714 CFD2022-001 for Clay Street CFD and for Interior Street CFD , including landscape within Clay Street median ; (iii) The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris; (iv) The maintenance, administration and inspections of stormwater facil ities and BMPs including open space area drains, catch basins, open space areas, and any other NPDES/WQMP/BMP related devices shown on the street improvement plans and WQMP for Tract No. 37714; (v) The operation and

maintenance cost of traffic signals at t he intersections of Clay Str eet and Linares Avenue; (vi) The operation and maintenance cost and/or servicing of any of the foregoing; (vii) litter and graffiti removal on soundwalls and other amenities, plus normal painting as required within CFD boundarie s; and (v) all other services necessary or useful for, or in connection with, the authorized services listed above, including, but not limited to, building a reserve fund for replacement. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies , erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of i nspection and maintenance, general contract administration, including phone calls and procurement of goods and services.

“State means the State of California.

“Taxable Property means all Parcels within the boundary of the CFD pursuant to the Boundary Map which are not exempt from the Special Tax pursuant to Section E., below.

“Taxable Unit means either a Dwelling Unit or an Acre, as shown in Table 1.

“Undeveloped Property means all Parcels of Taxable Property not classified as Developed Propert y, Approved Property, Public Property or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS

Each Fiscal Year, commencing with Fiscal Year 2024- 2025, all Parcels of Taxable Property shall be classified as either Developed Property, Appr oved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of De veloped Property shall further be classified as Residential Property or Non-Residential Property. Parcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. D eveloped Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below, in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1, below.

TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property D/U $ 1,322.00 2 Multifamily Residential Property D/U $ 1,322.00 3 Non-Residential Property Acre $ 12,993.00

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2025, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

(b) Multiple Land Use Classes

In some instances, a Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such Parcel shall be the sum of the Maximum Special Tax that can be levied for each Land Use Class located on that Parcel. For a Parcel that contains more than one Land Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the sit e pl an approved for s uch Parcel. The Administrator’s allocation to each Land Use Class shall be final.

2. Approved Property

The Maximum Special Tax for each Parcel of Approved Property shall be equal to the product of the applicable Undeveloped Property Maximu m Special Tax per Acre times the Acreage of such Parcel; provided, however, for a Parcel of Approved Property that is expected to become Single Family Property as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated pursuant to Section C.1 as if such Parcel were already designated as Single Family Property.

The Maximum Special Tax for Approved Property shall be increased annually, commencing July 1, 2025, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

3. U ndeveloped Property

The Maximum Special Tax that may be levied and escalated for each Parcel classified as Undeveloped Property shall be $12,993 per Acre.

The Maximum Special Tax for Undeveloped Property shall be increased annually, commencing July 1, 2025 , based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the corresponding Maximum Special Tax in effect in the previous Fiscal Year.

4. Public Property and/or Property Owner’s Association Property

The Maximum Special Tax that may be levied and escalated for each Parcel classified as Public Property and/or Property Owner’s Association Property shall be $0.00 per Acre. There shall be no levy on Public Property and/or Property Owner’s Association Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2024- 2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Proper ty until the amount of Special Tax equals the Special Tax Requirement in accordance with the following steps:

First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement;

Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property.

Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of U ndeveloped Proper ty at up to 100% of the applicable Maximum Special Tax for Undeveloped Property.

Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Parcel of Residential Property for which a C ertificate of Occupancy has been issued be increased by more than ten percent (10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS

The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD.

F. MANNER OF COLLECTION

The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS

Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX

The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.

BOUNDARY MAPBOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS) q

VICINITY MAP

LIST OF ASSESSOR PARCEL NUMBERS
LOCATED WITHIN BOUNDARIES OF CFD NO.
2022-001 AS OF FISCAL YEAR 2022-2023

CITY OF JURUPA VALLEYCITY OF JURUPA VALLEY

COUNTY OF RIVERSIDE, STATE OF CALIFORNIACOUNTY OF RIVERSIDE, STATE OF CALIFORNIA

CFD BOUNDARY
¬

NOT TO SCALE

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS _________ DAY OF _______________________ 2023.

RECORDED THIS ___ DAY OF ___________ 2023 AT THE HOUR OF ___ O'CLOCK __ IN BOOK _________ OF MAPS OF ASSESSMEENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______ , IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

REFERENCE IS HEREBY MADE TO THE ASSESSOR MAPS OF THE COUNTY OF RIVERSIDE, FOR FISCAL YEAR 2022-2023 FOR AN EXACT DESCRIPTION OF THE LINES AND DIMENSIONS OF EACH LOT/PARCEL. ________________________________

CITY CLERK

CITY OF JURUPA VALLEY
________________________________

CITY CLERK

CITY OF JURUPA VALLEY
FEE ______ DOCUMENT NO. _______________.

PETER ALDANA, RIVESIDE COUNTY ASSESSOR-CLERK-RECORDER
BY: ________________________________
DEPUTY
PREPARED BY:
1260 Corona Pointe Court Suite 305
Corona, CA 92879-2013
855.900.4742
163-400-001
163-400-052

CLAY STREET
163-400-001
163-400-052

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS) OF THE CITY OF JURUPA VALLEY, RIVESIDE COUNTY, STATE

OF CALIFORNIA, WAS APPROVED BY THE CITY OF JURUPA VALLEY AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2023, BY ITS RESOLUTION NO. ___________.

CLAY STREET

PEDLEY ROAD

LIMONITE AVENUE

VAN BUREN BOULEVARD

JURUPA ROAD
SR-60

PEDLEY ROAD

PYRITE STREET

MISSION BOULEVARD

CAMINO REAL

PEDLEY ROAD
63RD STREET
163-400-001
163-400-052
DISTRICT NO. 2022-00 DISTRICT NO. 2022-00

CITY OF JURUPA VALLEYCITY OF JURUPA VALLEY

F RIVERSIDE, STATE OF CA F RIVERSIDE, STATE OF CA

16.84 AC

50.54 AC

LINARES AVENUE
U.P.R.R.

U.P.R.R.

BALDWIN AVENUE
SHEET 1 OF 1
Page | 1
S

TAFF REPORT
DATE: J ULY 6, 2023
TO
: HONORABLE CHRIS BARAJAS AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.E
RESO

LUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT N O. PS 2022 -002 ( PUBLIC

SAFETY, APPALOOSA SPRINGS ) AND TO AUTHORIZE THE LEVY

OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO . PS 2022- 002 ( PUBLIC SAFETY,
APPALOOSA SPRINGS) ; GENERALLY LOCATED WEST OF CLAY

STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
RECO

MMENDATION
1) That
the City Council adopt Resolution No. 2023-50, entitled:

A RESO

LUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO . PS 2022-002 (PUBLIC SAFETY, APPALOOSA

SPRINGS ) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO . PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS)
BAC

KGROUND
The S
tate legislature enacted the Mello- Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, DPFG, Inc., requested that the City assist them in forming a district for the City to mitigate public safety impacts created by the new developments within the Appaloosa Springs Specific Plan area.

The M
ello-Roos Community Facilities Act of 1982 (the “Act”) authorizes the initiation of the establishment of community facilities districts upon receipt by the City of a petition

RETURN TO AGENDA
Page | 2

requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received the signed petition from the land owners.

The CFD boundary includes the area within a proposed subdivision known as Tentative Tract Map No. 37714, Appaloosa Springs. The subdivision will provide 254 new single family detached dwelling units. The CFD area is comprised of approximately 25.84 taxable acres within 67.38 acres. Non assessable areas within the boundary of the CFD include lots owned by the City and public agencies (JARPD), lots held by H ome Owners Association (HOA), and open spaces/habitat areas.

The CFD will set up a special tax to generally cover cost associated with providing law enforcement protection services, including but not limited to:

• The costs of contracting services.
• Equipment, vehicles, supplies.
• The salaries and benefits of City staff that directly provide police protection services and other services as defined herein, respectively. • City overhead costs associated with providing such services within the District. • Services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls.

ANALYSIS

Approval of the attached Resolution is required under the Act to levy a special tax and fund certain services. The attached Resolution declares the City Council’s intention t o form the proposed CFD No. PS 2022- 002 (Public Safety, Appaloosa Springs ) and to authorize the levy of a special tax in accordance with the attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the initial step for forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the format ion of the propose d CFD No. PS 2022-002 to the landowners at special election to be conducted by mailed ballot.

The base year (FY2024-2025) special tax was set in the following amount:

TAX A
SFR (D/U) $220.00
MFR (D/U) $180.00
Approved Property $100.00

These rates will increase based on the percentage increase in the Consumer Price Index, for Riverside-San Bernardino-Ontario area, with a maximum annual increase of 6% and a minimum annual increase of 2 % of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petit ion representing their willingness to move forward.

Page | 3

OTHER INFORMATION

A public hearing on this matter will take place on August 17, 2023 or as soon thereafter and at that time the Council will hear any testimony concerning the formation and take action to adopt the “Resolution of Formation.”

FINANCIAL IMPACT

The individual property owners are responsible for the annual payments of special taxes.

The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller. The anticipated assessment at buildout at current condition is $55,880.

The property owner s posted a deposit with its application to form the CFD in order to cover City costs incurred in connection with the formation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by the CFD.

The City’s cost to administer the CFD annually will be reimbursed through the special taxes charged to property owners.

The revenue and expense will be part of the City’s FY2024- 2025 adopted budget and there are no additional fiscal impacts.

ALTERNATIVES

1. Take no action.

2. Provide staff with further direction.

**************************SIGNATURES ON FOLLOWING PAGE**************************

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RESOLUTION NO. 2023-50

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 (PUBLIC SAFETY,

APPALOOSA SPRINGS) AND TO AUTHORIZE THE LEVY OF A SPECIAL

TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2022-002 (PUBLIC SAFETY, APPALOOSA SPRINGS) RECITALS:

WHEREAS, this City Council (the “City Council”) of the City of Jurupa Valley (the “City”) has received a petition (the “Petition”) requesting the institution of proceedings, which is signed by the owner of the land proposed for inclusion in a proposed community facilities district (the “Owner”) and which meet the requirements of Sections 53318 and 53319 of the Mello-Roos Community Facilities Act of 1982, as amended , being Chapter 2.5 of Division 2 of Title 5 of the California Government Code (the “Act”); and
WHEREAS, the Act authorizes the City C ouncil to establish a community facilities district and to levy special taxes within that district; and
WHEREAS, in accordance with the request set for th in the Petition, the City Council desires to undertake proceedings to establish a community facilities district pursuant to the Act to finance certain services which are in addition to services currently provided in the territory of the proposed district and are necessary to meet increased demands place d upon the City as a result of the development of such land;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY:

1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act.

2. Name of District. The name of the proposed community facilities district is "City of Jurupa Valley Community Facilities District No. PS 2022 -002 (Public Safety, Appaloosa Springs)" (the "District").

3. Boundaries of District. The exterior boundaries of the District are shown on the map now on file in the office of the City Clerk entitled “Boundary Map - Community Facilities District No. PS 2022-002 (Public Safety, Appaloosa Springs)” (the “Map”).

The Map indicates by a boundary line, the extent of the territory included in the proposed District and shall govern for all details as to the extent of the District. On the original and one copy of the Map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of the Map in her office and, within fifteen days after the adoption of this Resolution, the City Clerk shall file a copy of the Map so endorsed in th e records of the County Recorder, County of Riverside, State of California, and in any event this Map shall be filed no later than fifteen days before the public hearing specified in Section 6 below.
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4. Services. The type of services proposed to be provided within the District and to be financed under the Act shall consist of those set forth on Exhibit "A" (the "Services"), attached hereto and incorporated herein by reference. The Services are in addition to services currently provided in the District and ar e necessary to meet increased demands placed upon the City as a result of the development occurring in the District.

5. Special Tax.
a. Except where funds are otherwise available to pay for the Services, it is the intention of the City Council, commencing Fisc al Year 2024-2025, to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") within the District sufficient to pay for the costs thereof, including incidental expenses. The types of incidental expenses proposed to be incurred are set forth in Exhibit “B.” The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collec ted, or in such other manner as may be provided by the City Council including, without limitation, direct billing of the affected property owner, and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applic able for ad valorem property taxes. In the first year in which the Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. b. The proposed Rate and Method of Apportionment of the Special Tax (the “Rate and Method”) among parcels of real property in the District, in sufficient detail to allow each resident or landowner within the proposed District to estimate the maximum amount such resident or owner will have to pay, is shown in Exhibit "C," attached hereto and incorporated herein by reference. The City Council hereby determines the Rate and Method set forth in Exhibit “C” to be reasonable.

6. Hearing. A public hearing on the establishment of the District, the extent of the District, the furnishing of Services within the District, and the proposed Rate and Method (the "Hearing") shall be held o n August 17, 2023, at 7:00 p.m., or as soon thereafter as practicable, at the City Council Chamber of the City of Jurupa Valley, 8930 Limonite , Jurupa Valley , California 9 2509. At the Hearing, any interested person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard.

7. Report. The Staff of the City is directed to study the proposed District and prepare for filing at the Hearing the report required by Section 53321.5 of the Act. The staff of the City may delegate to consultants of the City the duty to per form the study and prepare the report.

City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of t he funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest.

9. Published Notice. The City Clerk is hereby directed to publish a notice of the Hearing ("Notice") pursuant to Section 6061 of the California Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall be substa ntially in the form specified in Section 53222 of the Act.

Publication of the Notice shall be completed at least seven days prior to the date of the Hearing.

12. Exemptions from Special Tax. Except as may otherwise be provided in Exhibit “C” hereto or by law, all lands owned by an y public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services. In a ddition, reference is hereby made to Exhibit “C” for a description of other lands which shall be omitted from the levy of the Special Tax.

13. Election to Perform Work. Pursuant to 53329.5(c) of the Act, the City Council finds that, in its opinion, the public interest will not be served by allowing property owners in the District to enter into a contract pursuant to Section 53329.5(a) PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 6th day of July, 2023.

Chris Barajas
Mayor

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ATTEST:

Victoria Wasko, CMC
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2023-50 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 6th day of July, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 6th day of July, 2023 .

Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
EXHIBIT "A"

DESCRIPTION OF SERVICES
Authorized Services for the Special Tax shall be the following:

The cost associated with providing law enforcement services, including but not limited to:
 The costs of contracting services, equipment, vehicles, supplies;  The salaries and benefits of City staff that directly provide law enforcement services;
 City overhead costs associated with providing such services within the District; and  All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls.

B-1

EXHIBIT "B"

INCIDENTAL EXPENSES

The following incidental expenses are examples o f those that may be incurred in the formation of the District: engineering services, publishing, mailing and posting of notices, governmental notification and filing costs, Election costs, and charges and fees of the City other than those waived.

The follo wing incidental expenses are examples of those that may be incurred in each annual Special Tax levy: necessary consultant costs, costs of posting and collecting the special taxes, and administrative costs of the City related to each annual Special Tax levy.

C-1

EXHIBIT “C”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

(Please see attached)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 (PUBLIC SAFETY,

APPALOOSA SPRINGS ) OF THE CITY OF JURUPA VALLEY, COUNTY OF

RIVERSIDE

STATE OF CALIFORNIA

The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2024- 2025, shall be determined by the City Council of the City of Jurupa Valley, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set for th in Sections B ., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicabl e Final Map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan . The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by 43,560.

“Act” means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the S tate of California.

“Administrative Expenses” means all actual or reasonably es timated costs and expenses of the City that are chargeable or allocable to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include wit hout limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City or designee thereof or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or designee thereof, or both, directly related to the CFD. Administrati ve Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes.

“Administrator” means an offici al of the City, or d esignee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes.

“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which

the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Assessor” means the Assessor of the County.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number ” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.

“Base Year” means the Fiscal Year ending June 30, 2025.

“Boundary Map” means a recorded map of the CFD which indicates by a boundar y line the extent of the territory identified to be subject to the levy of Special Taxes.

"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. F or purposes of this definition, "Buildin g Permit" shall not in clude any subsequent Building Permits issued or changed after the first issuance.

“CFD” means Community Facilities District No. PS 2022 -002 (Public Safety, Appaloosa Springs) of the City of Jurupa Valley.

“City” means the City of Jurupa Valley, California.

“Consumer P rice Inde x” means the Consumer Price Index published by the U.S.

Bureau of Labor Statistic for “All Urban Consumers in the Riverside -San Bernardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index f or the Riverside -San Bernardino- Ontario Area.

“Council” means the City Council of th e City acting as the legislative body of the CFD.

“County” means the County of Riverside, California.

“Developed Property” means all Parcels of Taxable Property: ( i) that are included in a Final M ap that was recorded prior to January 1
st preceding the Fiscal Year in which
the Special Tax is being levied, and (ii) for which a Building Permit for new construction has been issued prior to April 1
st preceding the Fiscal Year in which the Special Tax is being levied.

“Dwelling Unit” or “(D/U) ” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Exempt Property” means any Parcel w hich is exempt from Special Taxes pursuant to Section E., below.

“Final Map” means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivis ion Map Act (California Government Code Section 66410 et seq.) or recordation of a condomini um plan pursuant t o California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

“Fiscal Year” means the 12 month period starting on July 1 of any calendar year and ending the following June 30.

“Incidental Expenses” means the costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purpos es of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.

“Land Use Class” means any of the classes listed in Table 1 of Section C. below.

“Maximum S pecial Tax ” means for each P arcel in each Fiscal Year, the greatest amount of Special Tax, determined in accordance with Section C, below, which may be levied on such Parcel in such Fiscal Year

“Multifamily Residential Property ” means all Parcels of Develo ped Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.

“Non-Residential Property ” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non- residential structures.

“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s P arcel Map with an assigned Assess or’s Parcel Number valid as of July 1 st for the Fiscal Year for
which the Special Tax is being levied.

“Property Owner’s Association Property ” means all Parcels which h ave been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, inclu ding any mas ter or sub- association, prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Proportionately” means for Parcels of Taxable Property that are (i) Sing le Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Single Family Property , (ii) Multifamily Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Property, and (iii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property.

“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for de dication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and class ified according to its use; or (ii) encumbered by an unmanned utility easement making imprac tical its utilizat ion for other than the purpose set forth in the easement.

“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.

“Single Family P roperty” means all Parcels of Residential Property, other than Multifamily Residential Property.

“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.

“Special Tax Requir ement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determi ned by the City; (ii) pay amount required to establish or replenish any reserv e fund established in connection with the CFD, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Special Tax l evy as determined by the Administrator.

“Special Tax Services” means t he cost associat ed with providing law enforcement services, including but not limited t o (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the salaries and benefits of City staf f that directly pr ovide law enforcement services, ( iv) City over head costs associated with providing such services within the District , (v) all other services necessary or useful for, or in connection with, the authorized serv ices listed above, including building a reserve fund for replacement and maintenance and for anticipated operating cost shortfalls , and (vi ) Incidental Expenses.

“State” means the State of California.

“Taxable Property” means all Parcels within the boundary of the CFD pursuant to the Boundary Map w hich are not exempt from the Special Tax pursuant to Section E., below.

“Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1.

“Undeveloped Property ” means all Parcels of Taxable P roperty not classi fied as Developed Property, Ap proved Property, Public P roperty or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS

Each Fi scal Year, commencing with Fiscal Year 2024- 2025, all Parcels of Taxable Property shall be classified as either D eveloped Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Develope d Property shall further be classified as Residential Property or Non-Residential Property. Pa rcels of Residential Property shall further be classified as Single Family Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C.1. (a) below , in any Fiscal Year for each Parcel classified as Developed Property shall be determined by reference to Table 1 below.

TABLE 1
Maximum Special Tax Rates for Developed
Property for Fiscal Year 2024-2025

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
1 Single Family Residential Property
D/U
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00

(a) Increase in the Maximum Special Tax

On each July 1, following the Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2025 , based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

(b) Multiple Land Use Classes

Use Class, the Acreage of such Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such P arcel. The Administrator’s allocation to each Land Use Class shall be final.

2. Approved Property

The M aximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each P arcel classified as Approved Property shall be determined by reference to Table 2 below.

TABLE 2
Maximum Special Tax Rates for Approved
Property for Fiscal Year 2024-2025

Land
Use
Class
Description Taxable
Unit
Maximum
Special Tax per
Taxable Unit
3 Approved Property Lot $ 100.00

(a) Increase in the Maximum Special Tax

On each July 1, following t he Base Year, the Maximum Special Tax, identified in Table 1, above, shall be increased annually, commencing July 1, 2025 , based on the percentage inc rease in the Consumer Price I ndex with a maximum annua l increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. Undeveloped Property

No Special Tax shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2024- 2025 and for each following Fiscal Year, the Administrator shall levy the Special Tax on all Taxable Property until the amount of Special Tax equals the Special Tax Requir ement in accordance with the following steps:

First: The S pecial Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the Special Tax Requirement; and

Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levi ed

Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Spec ial Tax for Approved Proper ty. Notwithstanding the forgoing sentence, no Special Tax s hall be levied on Approved Property to fund items (ii) and (iii) of the Special Tax Requirement.

E. EXEMPTIONS

The CFD shall not levy Special Taxes on Public Property and Property Owner’s Association Property within the CFD . Exempt Property status will be assigned by the Administrator in the chronological order in which Parcels becomes Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified as Taxable Property, and will c ontinue to be subject to Special Taxes accordingly.

F. MANNER OF COLLECTION

G. APPEALS

Any taxpayer may file a wr itten appeal of the Special Tax on his/her Parcel(s) with the Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the payment due date establ ished when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of i ts determination. If the Administrator agrees with the appel lant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrat or shall in terpret this Rate a nd Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX

The Special Tax shall be levi ed annually in perpetuity unless terminated earlier by the City.

BOUNDARY MAPBOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2022-001 (APPALOOSA SPRINGS)COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 (APPALOOSA SPRINGS) q

VICINITY MAP

LIST OF ASSESSOR PARCEL NUMBERS
LOCATED WITHIN BOUNDARIES OF CFD NO.

PS 2022-001 AS OF FISCAL YEAR 2022-2023

CITY OF JURUPA VALLEYCITY OF JURUPA VALLEY

COUNTY OF RIVERSIDE, STATE OF CALIFORNIACOUNTY OF RIVERSIDE, STATE OF CALIFORNIA

CFD BOUNDARY
¬

NOT TO SCALE

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS _________ DAY OF _______________________ 2023.

CITY CLERK

CITY OF JURUPA VALLEY
________________________________

CITY CLERK

CITY OF JURUPA VALLEY
FEE ______ DOCUMENT NO. _______________.

CLAY STREET
163-400-001
163-400-052

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. PS 2022-002 (APPALOOSA SPRINGS) OF THE CITY OF JURUPA VALLEY, RIVESIDE COUNTY, STATE

OF CALIFORNIA, WAS APPROVED BY THE CITY OF JURUPA VALLEY AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2023, BY ITS RESOLUTION NO. ___________. 163-400-001
163-400-052

PEDLEY ROAD
63RD STREET

CLAY STREET

PEDLEY ROAD

LIMONITE AVENUE

VAN BUREN BOULEVARD

PEDLEY ROAD

CAMINO REAL

JURUPA ROAD

PYRITE STREET

MISSION BOULEVARD
SR-60
P
age | 1
S

TAFF REPORT
DAT
E: JULY 6, 2023
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 14.F
AP
PROVAL OF TRACT MAP NO. 37640 EMERALD R IDGE SOUTH
LOCATED WEST OF AVALON STREET, AND NORTH OF CA- 60

FREEWAY, ACCEPTANCE OF OFFERS OF DEDICATION,

APPROVAL OF SUBDIVISION AGREEMENTS, AND ACCEPTANCE

OF IMPROVEMENT BONDS

RECOMMENDATION
It is recommended that the City Council:

1. Approve Tract Map 37640 and accept the dedication as follows:
a. A
ccept the real property described as an easement for street and public utility purposes for Lots “A” through “C.”
b. Accept the real property described as an easement for public utility and ingress and egress purposes. The dedication is the northeasterly 5 ft. of lots 139,198,225 and 227.
c. Accept the real property described as a variable width easement for drainage purposes on lot 229.
d. Accept the real property described as an easement for public and storm drain purposes, access and appurtenances. The dedication is for a portion of Canal Street, lot 228 and l ots L, N, P and R, shown as Easement “I.”

2. A
uthorize the Mayor and City Clerk to sign Tract Map 37640.

3. Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreements; and

4. Accept the surety bonds for construction of related off -site improvements and survey monumentation.

RETURN TO AGENDA

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BACKGROUND
In 2017, the City Council approved the Emerald Ridge residential community (MA15072 & MA15148) which consisted of TTM36947 (Emerald Ridge North) and TTM36948 (Emerald Ridge South). The applicant further proposed changes to the previously approved TTM36948 (Emerald Ridge South) which then became (MA18141), Tentative Tract Map No. 37640 and was conditionally approved on February 13, 2019 by Planning Commission Resolution 2019-02-13-04. On March 7, 2019 the City Council approved the notice of decision which replaced the previously approved TTM36948 with TTM37640.

As part of the development conditions, the applicant is required provide street improvements that include the extension of Canal Street east to Avalon Street, as well as various street and drainage im provements on existing Canal Street, Canal Street extension, Avalon Street along the subdivision frontage, and 30 th Street.

Staff has reviewed Tract Map 37640 and finds that it is in substantial conformance with the approved Tentative Map. The City Attorney has reviewed and approved to form the Subdivision Agreements. This action approves the Tract Map, Subdivision Agreements, and accepts offers of dedication and the bonds related to the subdivision.

ANALYSIS
Pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Title 7, Tract Maps require City Council action for approval, denial, or modifications. Per the Subdivision Map Act Section 66474.1, a legislative body shall not deny approval of a Tract Map if it was previously approved a tentative tract map for the proposed subdivision and if it finds that the Tract Map is in substantial compliance with the previously approved tentative tract map. Staff recommends that the City Council approve Tract Map No. 37640 and accept the offers of dedication, relinquishment of access rights, the subdivision agreements, and bonds.

FINANCIAL IMPACT
The City will receive development fees and payments as part of the obligations defined in the Municipal Code.

ALTERNATIVES

1. Do not approve Agreement as recommended.

2. Provide alternate direction to staff.

**********************SIGNATURES ON FOLLOWING PAGE**********************

TRACT NO. 37640
VERTEX SURVEY, INC. OCTOBER 2021– – TRACT NO. 37640
EASEMENT NOTES:

NOTE:

VERTEX SURVEY, INC. OCTOBER 2021

KENWOOD PLACE

AVALON STREET

CANAL STREET

NORTH RIVERSIDE & JURUPA CANAL
SR-60 FREEWAY
30TH STREET
℄

NORTH RIVERSIDE & JURUPA CANAL

RUBIDOUX BOULEVARD TAOS DRIVE
LEGEND

ALTASTREET
TRACT NO. 37640
SURVEYOR'S NOTES:

NOTES:

NOTE: VERTEX SURVEY, INC. OCTOBER 2021

NORTH RIVERSIDE& JURUPA CANAL

CANAL STREET

NORTH RIVERSIDE& JURUPA CANAL

ALTASTREET

CANAL STREET

AVALON STREET

AVALON STREET
℄
℄
℄
SR-60 FREEWAY
CANALST.

REFERENCES:

MONUMENT NOTES:

BASIS OF BEARINGS:

TRACT NO. 37640
SURVEYOR'S NOTES: NOTE:

VERTEX SURVEY, INC. OCTOBER 2021 TRACT NO. 37640

VICINITY MAPVICINITY MAP
MISSION BLVD.RUBIDOUX BLVD.

NOTES:

VERTEX SURVEY, INC. OCTOBER 2021

AVALON STREETLC

MAPLE STREETLC

CURVE DATA

LINE DATA

CORBIN LANECL

CANAL STREET
LC LOT "B"
LOT "A"
LOT "F"
LOT "H"
LOT "G"

LINE DATA
CL
LOT "H"
MAPLE STREETCLLOT "F"
CL
LOT "G"
LOT "H"
CL

CORBINLANE

CORBINLANE
MAPLE STREETCLLOT "F"

CURVE DATA
TRACT NO. 37640
DETAIL "C"
DETAIL "D"
DETAIL "A"
DETAIL "B"
NOTES:

DETAIL "S"
DETAIL "AW"
VERTEX SURVEY, INC. OCTOBER 2021

CORBIN LANECL MAPLE STREET

AVALON STREETLC

LOCKWOOD ROADLC

CURVE DATA
LC

MAPLELC
STREET

LINE DATA
CANAL
STREET
LOT "E"
LOT "A"
LOT "B"
LOT "H"
LOT "D"
LOT "F"
LOT "E"LOT "I"
TRACT NO. 37640
DETAIL "F"
DETAIL "E"
NOTES:

VERTEX SURVEY, INC. OCTOBER 2021

MAPLE STREETLCJUNIPER PLACELC

CLBOWLINE
LANE

BOWLINE LANECL

ALTA DRIVECL

MEADOW PLACECL

LOCKWOOD ROADLC

CURVE DATA
CANAL
STREET

AVALON STREET
LC

AVALON STREETLC

AVALON STREET
LCLOT "E"
LOT "D"
LOT "F"
LOT "A"
LOT "E" LOT "C"

CANAL STREETLC
LOT "I"
LOT "J"
LOT "B"
LOT "K"
LOT "O"

LINE DATA

EASEMENT LINE DATA
TRACT NO. 37640
DETAIL "P"
NOTES:

VERTEX SURVEY, INC. OCTOBER 2021

MAHOGANY DRIVELC EDGEWATER PLACELC

AVALON STREETLC

OAK GROVE ROADLC

LC MEADOW PLACE
LOT "L"
LOT "N"
LOT "C"

CANAL STREETLC
LOT "O"
LOT "M"
TRACT NO. 37640
DETAIL "AA"
NOTES:

DETAIL "HH"
VERTEX SURVEY, INC. OCTOBER 2021

ORCHID DRIVECL
CL

POPPYVIEW ROADCLOAK GROVE ROADLC

MAHOGANY DRIVELC

EDGEWATER PLACELC

CL AVALON STREETLC
EDGEWATER PLACELCLOT "N"
LOT "M"
LOT "L"
LOT "P"
LOT "Q"
LOT "C"
LOT "E"
30THSTREETCANAL STREETLC
ROAD
LOT "R"POPPYVIEW
AVALON STREETLOT "C"
TRACT NO. 37640
DETAIL "EE"
NOTES:

DETAIL "JJ"
VERTEX SURVEY, INC. OCTOBER 2021

CLCORBIN LANE
LOT "H"
CL
LOT "E"LOCKWOODROAD LC
MAPLE
LOT "I"
LOT "F"

BOWLINELANE
STREET
CL

BOWLINE

BOWLINE LANE
LOT "J"
LANELOT "I"

LOCKWOOD ROAD
LOT "E"
TRACT NO. 37640
DETAIL "I"
DETAIL "J"
DETAIL "K" DETAIL "L"
DETAIL "N"
DETAIL "M"
DETAIL "G" DETAIL "H"
DETAIL "O"
NOTES:

CURVE DATA

LINE DATA
VERTEX SURVEY, INC. OCTOBER 2021 CL
LOT "J"
LOT "D"

BOWLINELANE

JUNIPER PLACE
CL
LOCKWOOD ROADLOT "E"
LOCKWOOD ROADLOT "E"
ALTA DRIVELOT "K"
LOT "F"
MEADOW PLACELOT "O"
LOCKWOOD ROADLOT "E"
LOT "N" MEADOW PLACE
CL
LC
LOT "O"
LOT "M"

OAK GROVEROAD
TRACT NO. 37640
DETAIL Q"
DETAIL "U"
DETAIL "KK"
DETAIL "R"
DETAIL "X" DETAIL "W"
DETAIL "T"
NOTES:

CURVE DATA
DETAIL "V"
DETAIL "FF"
CURVE DATACURVE DATA CONT.

VERTEX SURVEY, INC. OCTOBER 2021 LOT "O"
LOT "L"

MAHOGANY DRIVE

MEADOW PLACE
CL
LOT "L" LOT "P"POPPYVIEW ROAD

MAHOGANY DRIVE

EDGEWATER PLACE
ROADLOT "R"

POPPYVIEW
LOT "N"
ROAD
LOT "P"

POPPYVIEW
TRACT NO. 37640
DETAIL "Y"
DETAIL "BB"
DETAIL "AX" DETAIL "DD"
DETAIL "CC"
NOTES:

DETAIL "Z" DETAIL "II"

CURVE DATA
VERTEX SURVEY, INC. OCTOBER 2021 TRACT NO. 37640
NOTES:

DETAIL "MM" DETAIL "OO" DETAIL "NN" DETAIL "PP" DETAIL "QQ" DETAIL "SS" DETAIL "TT" DETAIL "UU" DETAIL "WW" DETAIL "XX"

CURVE DATA
DETAIL "YY" DETAIL "ZZ"

CURVE DATA
DETAIL "RR"
VERTEX SURVEY, INC. OCTOBER 2021 DETAIL "AZ"

CURVE DATA

LINE DATA

CURVE DATA

LINE DATA
TRACT NO. 37640 NOTES:

DETAIL "AB" DETAIL "AD" DETAIL "AC" DETAIL "AE" DETAIL "AF" DETAIL "AH" DETAIL "AJ" DETAIL "AI" DETAIL "AK" DETAIL "AL" DETAIL "AM" DETAIL "AN" DETAIL "AG"
VERTEX SURVEY, INC. OCTOBER 2021 DETAIL "AO"

CURVE DATA
DETAIL "AP"

CURVE DATA
TRACT NO. 37640 NOTES:

DETAIL "AR" DETAIL "AQ" DETAIL "AS" DETAIL "AT" DETAIL "BA" DETAIL "BD"
DETAIL "AU"
VERTEX SURVEY, INC. OCTOBER 2021

CURVE DATACURVE DATACURVE DATA
DETAIL "AV"

LINE DATA
DETAIL "AY"
DETAIL "BC"
TRACT NO. 37640
NOTES:

VERTEX SURVEY, INC. OCTOBER 2021 TRACT NO. 37640 NOTES:

VERTEX SURVEY, INC. OCTOBER 2021

AGREEMENT

FOR THE PLACEMENT OF SURVEY MONUMENTS
TR37640
This agreement, made and entered into as of , 2022 by and between the City of Jurupa Valley, County o( Riverside, State of California hereinafter called City and CenturyCommunities of California, LLC a Delaware limited liability company hereinafter called Subdivider.

WITNESSETH:

FIRST: Subdivider, for and in consideration of the approval by City of the final map of that certain land division known as Tract 37640 hereby agrees, at Subdivider's own cost and expense, to furnish all labor, equipment and materials necessary to set, within 24 months from the date this agreement is executed, in a good and workmanlike manner, all survey monuments and tie points and to Furnish to the City Engineer tie notes for said tract in accordance with the standards set forth in Chapter 7.20, including Section 7.20.100, of the Jurupa Valley Municipal Code and Section 8771 et seq. of the Business and Professions Code of the State of California.

Subdivider further agrees to pay, within 30 days of presentation to Subdivider of the final billing of any surveyor or engineer for work performed by him as provides for in Article 9 of Chapter 4, Division 2 of Title 7 of the Government Code of the State of California (commencing with Section 66495). Subdivider further agrees that if payment to the surveyor or engineer is not made within 30 days and the surveyor or engineer notifies City Engineer that he has not been paid for setting the final monuments, the City Council is authorized pursuant to Section 66497 of the Government Code, after providing Subdivider with an opportunity to present evidence as to whether or not the surveyor or engineer has been paid, to order that payment be made by City to the engineer or surveyor. If this occurs, the Subdivider shall, upon demand made by the City Engineer, and without proof of loss by City, reimburse City for any funds so expended.

Notwithstanding any other provisions herein, the determination of City as to whether the surveyor or engineer has been paid shall be conclusive on Subdivider, its surety, and all parties who may have an interest in the agreement or any portion thereof.All of the above required work shall be done under the inspection of, and to the satisfaction of, the City Engineer, and shall not be deemed complete until approved and accepted as complete by the City Engineer. The estimated cost of said work and improvements is the sum of Monument Bond Amount forty-eight thousand six hundred dollars ($48,600).

SECOND: Subdivider agrees to pay to City the actual cost of such inspections or the work and improvements as may be required by the City Engineer. Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the monuments, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's fees, and that, upon entry ofjudgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, 1 and all or said liabilities are assumed by Subdivider. Subdivider agrees to protect, defend, and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Subdivider, its agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement.

FOURTH: The Subdivider hereby grants to City, the Surety upon any bond, and to the agents, employees and contractors of either of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the monumentation. This permission shall terminate in the event that Subdivider or the Surety has completed work within the time specified or any extension thereof granted by the City. It is further agreed that Subdivider shall have control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow Subdivider to carry out this agreement.

FIFTH: Subdivider agrees to file with City prior to the date this contract is executed, an acceptable and sufficient improvement security in an amount not less than the estimated cost of the work, as above specified, for the faithful performance of the terms and conditions of this agreement, and for the payment of the amount of the improvement security to the City for the benefit of any surveyor or engineer who has not been paid by the Subdivider, as provided for by Section 66495 et seq. of the Government Code of the State of California. Subdivider agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Subdivider fails to take such action as is necessary to comply with said notice, Subdivider shall be in default of this agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Subdivider of the insufficiency of the security or the amount of the bonds or both.

SIXTH: If Subdivider neglects, refuses, or Tails to prosecute the work as to insure its completion within the time specifies, or within such extensions of time which have been granted by City, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Subdivider shall be in default of this agreement. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Subdivider in such agreement, but said termination shall not affect or terminate any of the rights of City as against Subdivider or its Surety then existing or which thereafter accrue because or such default. The determination of the City Engineer of the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider, its Surety, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure of the Subdivider to commence construction shall not relieve the Subdivider or surety from completion of the improvements required by this agreement.

SEVENTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be granted, from time to time, by City, either at its own option, or upon request of Subdivider, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Subdivider further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement, including any 2 extensions of time as may be granted therein.

EIGHTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term or provision held to be invalid.

NINTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

C§
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Subdivider
Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
TENTH: General.

A. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of a party warrants and represents that he or she has the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder.

B. Time. Time is or the essence of this Agreement.

C. Applicable Law/\/enue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and underthelawsoftheStateofCalifornia. ThevenueofanylegalactionrelatingtothisAgreement shall be in the Superior Court of California or u.s. District Court, as applicable, with jurisdiction over the County of Riverside.

D. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations and shall require its contractors and subcontractors to comply with all such laws and regulations. The City, and its officers, employees and agents, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this subsection.

E. Independent Advice of Legal Counsel. Each party acknowledges that it had retained independent legal counsel of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and is entering into this Agreement after such review.

F. Validity of Agreement. All parties agree that this Agreement is legal, valid and binding
G. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators.
3 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF CORPORATION OR

A DULY AUTHORIZED CORPORATE RESOLUTION SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A DULY

AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY AUTHORIZED

DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDMDER MUST BE ACKNOWLEDGED BY A NOT ARY PUBLIC.
"CITY"

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
valida of that document.

State of California
County of Orange
On August 23, 2022 before me, Devin Broderick, a Notary Public (insert name and title of the officer)
personally appeared Brian Taylor and Kyle Naccarato
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
CITY OF JURUPA VALLEY, a Municipal corporation
Chris Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk

APPROVED
tor of Public Works/City Engineer

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/1/"11
Revised: 2/23/22
5 SUBDMSION AGREEMENT

FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
TRACT N0. 37640
This agreement, made and entered as of by and between the City of Jurupa Valley, State of California, hereinafier called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinafter called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer, employee or consultant of City be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer, employee, or agent thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, and all or said liabilities are assume by Subdivider. Subdivider agrees to protect, defend, and hold harmless City and 1 the officers, employees and consultants thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Subdivider, its agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement.

FOURTH: The Subdivider hereby grants to City, or any agent or employee of City, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Subdivider has completed work within the time specified or any extension thereof granted by the City and the work has been accepted by the City.

FIFTH: The Subdivider shall provide, or cause to be provided, adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Subdivider shall protect all persons from such hazardous or dangerous conditions by use of traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Subdivider, its agents and employees, shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining ful[ information with respect to the progress and manner of work.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and notice of such default shall be served upon Subdivider. City shall have the power, on recommendation of the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure of Subdivider to commence construction shall not relief the Subdivider or surety From completion of the improvements required by this agreement.

EIGHTH: Subdivider agrees to file with City prior to the date this agreement is executed, a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by and subject to the requirements of Jurupa Valley Municipal Code Section 7.65.010. Subdivider agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bond, or both, within ten (10) day after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Subdivider fails to take such action as is necessary to comply with said notice; Subdivider shall be in default of this agreement.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be 2 granted, from time to time, by City Engineer, either at his or her own option, or upon request of Subdivider, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Subdivider further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement including any extensions of time as may be granted therein.

TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of the agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

C%
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Attention: City Engineer
Subdivider
Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
Attention: Wendy Lewis
TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: To the extent required by Labor Code Section 1720, Subdivider and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with or available from the City Clerk. Copies may be obtained at cost at the City Clerk's office of Jurupa Valley.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1 775, 1776, "1777.Ei, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, far each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any coritractor or subcontractor under him or her, in violation of the provisions of this agreement FOURTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are Fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvement. 3 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

C. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this Agreement shall be in the Superior Court of California or u.s. District Court, as applicable, with jurisdiction over the County of Riverside.

D. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance or its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations and shall require its contractors and subcontractors to comply with all such laws and regulations. The City, and its officers, employees and agents, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this subsection.

E. Independent Advice of Legal Counsel. Each party acknowledges that it had retained independent legal counsel or its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and is entering into this Agreement affer such review.

SIGNATURES ON SUCCEEDING PAGES
4 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
Century Communities of California, LLC, a Delaware limited liability company FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

OF CORPORATION
THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDMDER MUST BE ACKNOWLEDGED BY A NOT ARY PUBLIC.
5 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
valida of that document.

State of California
County of Orange
On August 23, 2022 before me, Devin Broderick, a Notary Public (insert name and title of the officer)
personallyappeared Brian Taylor and Kyle Naccarato
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
"CITY"
CITY OF JURUPA VALLEY, a Municipal corporation
Chris Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk
APPROVED:

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/1/11
Revised: 7/7/21
6 SUBDMSION AGREEMENT

FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS
TRACT N0. 37640
This agreement, made and entered as of by and between the City of Jurupa Valley, State of California, hereinafter called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinaffer called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

FIRST: Subdivider, for and in consideration of the approval by City of the final map of that certain land division known as TRACT 37640, 1P21-009, hereby agrees, at Subdivider's own cost and expense, to construct or cause to have constructed, with twenty four (24) months from the date this agreement is executed, in a good and workmanlike manner, road and drainage improvements, complete with all necessary curb, gutter, sidewalks, street lights, pavement, storm drain pipes, and catch basins to the satisfactory operation of said systems, with all pipe laid at such a depth as to provide a full thirty-six inch (36") minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, all in accordance with those plans and specifications which have been approved by both the Riverside County Flood Control and Water Conservation District and the City Engineer, and are on file in the office of the City Engineer. Said approved plans and specifications are hereby made a part of this agreement as fully as though set forth herein. All of the above required work shall be done under the inspection of, and to the satisfaction of, the City Engineer, and shall not be deemed complete until approved and accepted as complete by the City. Subdivider further agrees to maintain the above required improvements for a period of one year following acceptance by the City and during this one year period to repair or replace to the satisfaction of the City Engineer any defective work or labor done or defective materials furnished. Subdivider further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of three million one hundred forty-two thousand dollars $3,142,000.

SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonabie expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer, employee or consultant of City be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer, employee, or agent thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, and all or said liabilities are assume by Subdivider. Subdivider agrees to protect, defend, and hold harmless City and the officers, employees and consultants thereof from all loss, liability or claim because of, or arising out 1 of the acts or omissions of Subdivider, its agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and notice of such default shall be served upon Subdivider. City shall have the power, on recommendation of the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure of Subdivider to commence construction shall not relief the Subdivider or surety from completion of the improvements required by this agreement.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be granted, from time to time, by City Engineer, either at his or her own option, or upon request of 2 Subdivider, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Subdivider further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement including any extensions of time as may be granted therein.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

C
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Attention: City Engineer
Subdivider
Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
Attention: Wendy Lewis
TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: To the extent required by Labor Code Section 1720, Subdivider and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate For holiday and overtime work in this locality for each craff, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with or available from the City Clerk. Copies may be obtained at cost at the City Clerk's office of Jurupa Valley.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1 775, 1776, "1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of fiffy dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any contractor or subcontractor under him or her, in violation of the provisions or this agreement FOURTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvement. 3 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

SIGNATURES ON SUCCEEDING PAGES
4 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
Century Communities of California, LLC, a Delaware limited liability company FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF CORPORATION OR A DULY AUTHORiZED CORPORATE RESOLUTION SHOWiNG AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

OF CORPORATION
THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDIVIDER MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC.
5 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
valida of that document.

State of California
County of Orange
before me, Devin Broderick, a Notary Public
(insert name and title of the officer)
personally appeared Brian Taylor and Kyle Naccarato
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. )EVIN !lROOEtll(K Signature (Seal)
"CITY"
CITY OF JURUPA VALLEY, a Municipal corporation
Chris Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk
APPROVED:

Engineer/Director of Public Works

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/1/11
Revised: 7/7/21

SUBDMSION AGREEMENT

FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
TRACT N0. 37640
This agreement, made and entered as of by and between the City of Jurupa Valley, State of California, hereinafter called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinafter called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

FIRST: Subdivider, for and in consideration of the approval by City of the final map of that certain land division known as TRACT 37640, 1P21-009, hereby agrees, at Subdivider's own cost and expense, to construct or cause to have constructed, with twenty four (24) months from the date this agreement is executed, in a good and workmanlike manner, a sewer system, complete with all necessary pipes, connections, and appurtenances necessary to the satisfactory operation of said systems, and further, to extend main or mains from the existing system maintained and operated by Rubidoux Community Services District (RCSD) to connect with the system described above with all pipe laid at such a depth as shown on the RCSD approved sewer improvement plan From the top of the pipe to street grade, unless otherwise specified by the RCSD District Engineer, all in accordance with those plans and specifications which have been approved by both the County Health Director and the City Engineer, and are on file in the office of RCSD. Said approved plans and specifications are hereby made a part of this agreement as fully as though set forth herein. All of the above required work shall be done under the inspection of, and to the satisTaction of, RCSD, and shall not be deemed complete until approved and accepted as complete by RCSD. Subdivider further agrees to maintain the above required improvements for a period of one year following acceptance by the City and RCSD and during this one year period to repair or replace to the satisfaction of the City Engineer and the RCSD District Engineer any defective work or labor done or defective materials furnished. Subdivider further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of four hundred eighty-three thousand dollars $483,000.

SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Subdivider Further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

FIFTH: The Subdivider shall provide, or cause to be provided, adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Subdivider shall protect all persons From such hazardous or dangerous conditions by use or traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Subdivider, its agents and employees, shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full information with respect to the progress and manner of work.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and notice of such default shall be served upon Subdivider. City shall have the power, on recommendation of the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The Failure of Subdivider to commence construction shall not relief the Subdivider or surety from completion of the improvements required by this agreement.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Attention: City Engineer
Subdivider
Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
Attention: Wendy Lewis
TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: To the extent required by Labor Code Section 1720, Subdivider and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department or Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with or available from the City Clerk. Copies may be obtained at cost at the City Clerk's office of Jurupa Valley.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, I 775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of '1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated pre,vailing rates for any work done under this contract, by 5im or by any contractor or subcontractor under him or her, in violation of the provisions of this agreement FOURTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvement. 3 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

SIGNATURES ON SUCCEEDING PAGES
4 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
Century Communities of California, LLC, a Delaware limited liability company Authorized Signef
FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF CORPORATiON OR A DULY AUTHORIZED CORPORATE RESOLUTION SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

OF CORPORATION
THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDMDER MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC.
5 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
valida of that document.

State of California
County of Orange
On August 23, 2022 before me, Devin Broderick, a Notary Public (insert name and title of the officer)
personallyappeared Brian Taylor and Kyle Naccarato
who proved to me on the basis or satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
"CITY"
CITY OF JURUPA VALLEY, a Municipal corporation
Chris Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk
APPROVED:
ngineer

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/1/!1
Revised: 7/7/21

SUBDMSION AGREEMENT

FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
TRACT N0. 37640
This agreement, made and entered as of II I bv and between the City of Jurupa Valley, State of California, hereinafter called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinafter called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

All of the above required work shall be done under the inspection of, and to the satisfaction of, RCSD, and shall not be deemed complete until approved and accepted as complete by RCSD. Subdivider further agrees to maintain the above required improvements for a period of one year following acceptance by the City and RCSD and during this one year period to repair or replace to the satisfaction of the City Engineer and the RCSD District Engineer any defective work or labor done or defective materials furnished. Subdivider further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is thesumot dollars§
SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer, employee or consultant of City be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer, employee, or agent thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, and all or said liabilities are assume by Subdivider. Subdivider agrees to protect, defend, and hold harmless City and 1 the officers, employees and consultants thereof from all loss, liability, or claim because of, or arising out of the acts or omissions of Subdivider, its agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement.

F)FTH: The Subdivider shall provide, or cause to be provided, adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance oT the works of improvement. The Subdivider shall protect all persons from such hazardous or dangerous conditions by use of traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Subdivider, its agents and employees, shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full information with respect to the progress and manner of work.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or Tails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and notice of such default shall be served upon Subdivider. City shall have the power, on recommendation of the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure of Subdivider to commence construction shall not relief the Subdivider or surety from completion of the improvements required by this agreement.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Attention: City Engineer
Subdivider
Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
Attention: Wendy Lewis
TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver oF any term or conditions of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: To the extent required by Labor Code Section 1720, Subdivider and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair For construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with or available from the City Clerk. Copies may be obtained at cost at the City Clerk's office of Jurupa Valley.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, '1777.5, "1777.ei, and 1813 of the Labor Code. Pursuant to the provisions of "1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of fiffy dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any contractor or subcontractor under him or her, in violation of the provisions of this agreement FOURTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvement. 3 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

C. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State or California. The venue of any legal action relating to this Agreement shall be in the Superior Court of California or u.s. District Court, as applicable, with jurisdiction over the County oF Riverside.

SIGNATURES ON SUCCEEDING PAGES
4 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
Century Communities of California, LLC, a Delaware limited liability company Namea ?iomM
Vice -President V
FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF CORPORATiON OR A DULY AUTHORIZED CORPORATE RESOLUTION SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

OF CORPORATION
THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDMDER MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC.
5 CALIFORNIA NOT ARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Catifornia
County of Orange
On DeCember 2i2021 before me,' leW'S' nOla' pub"C (name and title of officer), personally appeared Thomas ,i Hildebrandt and Kyle Naccarato, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
!-1 ou,-,,Jkl%IsJLl,I(II,1111!l:,,%o.,A&MyJNc000tJammr0ymJIPaEWSunSLlbgpOAeLIInlrE,eWl,.SoIlc2uOSn2ac,,t61,tJlyfml3oO,1Jnl912aOJ2 k! (Seal)
Page I of I
"CITY"
CITY OF JURUPA VALLEY, a Municipal corporation
Lorena Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk
APPROVED:
aul
E ineer

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/1/11
Revised: 7/7/21
SUBDMSION AGREEfVIENT

FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS
TRACT N0. 37640
This agreement, made and entered as or l % by and between the City of Jurupa Valley, State of California, hereinaffer called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinaffer called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

FIRST: Subdivider, for and in consideration of the approval by City of the final map of that certain land division known as , hereby agrees, at Subdivider's own cost and expense, to construct or cause to have constructed, with twenty four (24) months from the date this agreement is executed, in a good and workmanlike manner, road and drainage improvements, complete with all necessary curb, gutter, sidewalks, street lights, pavement, storm drain pipes, and catch basins to the satisfactory operation of said systems, with all pipe laid at such a depth as to provide a full thirty-six inch (36") minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, all in accordance with those plans and specifications which have been approved by both the Riverside County Flood Control and Water Conservation District and the City Engineer, and are on file in the office of the City Engineer. Said approved plans and specifications are hereby made a part of this agreement as fully as though set forth herein. All of the above required work shall be done under the inspection of, and to the satisfaction of, the City Engineer, and shall not be deemed complete until approved and accepted as complete by the City. Subdivider further agrees to maintain the above required improvements for a period of one year following acceptance by the City and during this one year period to repair or replace to the satisfaction of the City Engineer any defective work or labor done or defective materials furnished. Subdivider further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is thesumot dnllars .

SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's Fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer, employee or consultant of City be liable or responsible for any accident, loss or damage happening or occurring to the works specffied in this agreement prior to the completion and acceptance thereof, nor shall City or any officer, employee, or agent thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, and all or said liabilities are assume by Subdivider. Subdivider agrees to protect, defend, and hold harmless City and the officers, employees and consultants thereof from all loss, liability or claim because of, or arising out 1 of the acts or omissions of Subdivider, its agents and employees, in the performance or this agreement or arising out of the use of any patent or patented article in the performance of this agreement.

SIXTH: Subdivider, its agents and employees, shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining Full information with respect to the progress and manner of work.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or Tails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and notice of such default shall be served upon Subdivider. City shall have the power, on recommendation or the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure or Subdivider to commence construction shall not relief the Subdivider or surety from completion of the improvements required by this agreement.

EIGHTH: Subdivider agrees to file with City prior to the date this agreement is executed, a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by and subject to the requirements of Jurupa Valley Municipal Code Section 7.65.010. Subdivider agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bond, or both, within ten (10) day affer being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Subdivider fails to take such action as is necessary to comp(y with said notice; Subdivider shalJ be.in default of this agreement.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be granted, from time to time, by City Engineer, either at his or her own option, or upon request of 2 Subdivider, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Subdivider further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement including any extensions of time as may be granted therein.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Attention: City Engineer
Subdivider
Century Communities or California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
Attention: Wendy Lewis
TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, '1777.5, I 777.ei, and I 8'13 of the Labor Code. Pursuant to the provisions of I 775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of fiffy dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any contractor or subcontractor under him or her, in violation of the provisions of this agreement FOURTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance or, and any damage to such improvement. 3 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

F. Validity of Agreement. All parties agree that this Agreement is legal, valid and binding G. Binding on Successors. This Agreement shall be binding on and inure to the bene'fit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators.

SIGNATURES ON SUCCEEDING PAGES
4 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
Century Communities of California, LLC, a Delaware limited liability company FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF CORPORATION OR A DULY AUTHORIZED CORPORATE RESOLUTiON SHOWiNG AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHiPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

OF CORPORATION
THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDIVIDER MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC.
5 CALIFORNIA NOT ARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California
County of Orange
On December 21, 2021 before me, W. Lewis, notary public (na me and title of officer), personally appeared Thomas J Hildebrandt and Kyle Naccarato, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
4,@- W. LEWIS
4' My Co;m'. E'x'pire's 6-c; 31, 2022 ?
(Seal)
Page I of I
"CITY"
CITY OF JURLIPA VALLEY, a Municipal corporation
Lorena Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk
APPROVED:

Pau
ngineer/Director of Public Works

APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/'1/11
Revised: 7/7/21

SUBDMSION AGREEMENT

FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
TRACT N0. 37640
This agreement, made and entered as or 1. N by and between the City of Jurupa Valley, State of Calijornia, hereinafter called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinafter called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

FIRST: Subdivider, for and in consideration of the approval by City of the final map of that certain land division known as , hereby agrees, at Subdivider's own cost and expense, to construct or cause to have constructed, with twenty four (24) months from the date this agreement is executed, in a good and workmanlike manner, a sewer system, complete' with all necessary pipes, connections, and appurtenances necessary to the satisfactory operation of said systems, and further, to extend main or mains from the existing system maintained and operated by Rubidoux Community Services District (RCSD) to connect with the system described above with all pipe laid at such a depth as shown on the RCSD approved sewer improvement plan from the top of the pipe to street grade, unless otherwise specified by the RCSD District Engineer, all in accordance with those plans and specifications which have been approved by both the County Health Director and the City Engineer, and are on file in the office of RCSD. Said approved plans and specifications are hereby made a part of this agreement as fully as though set forth herein. All of the above required work shall be done under the inspection of, and to the satisfaction of, RCSD, and shall not be deemed complete until approved and accepted as complete by RCSD. Subdivider further agrees to maintain the above required improvements for a period of one year following acceptance by the City and RCSD and during this one year period to repair or replace to the satisfaction of the City Engineer and the RCSD District Engineer any defective work or labor done or defective materials furnished. Subdivider further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of dollars SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer, employee or consultant of City be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer, employee, or agent thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, and all or said liabilities are assume by Subdivider. Subdivider agrees to protect, defend, and hold harm!ess City and 1 the officers, employees and consultants thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Subdivider, its agents and employees, in the performance oT this agreement or arising out or the use of any patent or patented article in the performance of this agreement.

FOURTH: The Subdivider hereby grants to City, or any agent or employee of City, the irrevocable permission to enter upon the lands oT the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Subdivider has completed work within the time specified or any extension thereof granted by the City and the work has been accepted by the City.

SIXTH: Subdivider, its agents and employees, shall give notice to the City Engineer at least 48 hours before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full information with respect to the progress and manner of work.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer, or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and notice of such default shali be served upon Subdivider. City shall have the power, on recommendation of the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure of Subdivider to commence construction shall not relief the Subdivider or surety from completion of the improvements required by this agreement.

EIGHTH: Subdivider agrees to file with City prior to the date this agreement is executed, a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by and subject to the requirements of Jurupa Valley Municipal Code Section 7.65.0"lO. Subdivider agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bond, or both, within ten (10) day after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Subdivider fails to take such action as is necessary to comply with said notice; Subdivider shall be in default of this agreement.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be 2 granted, from time to time,by City Engineer, either at his or her own option, or upon request of Subdivider, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Subdivider further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement including any extensions of time as may be granted therein.

TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of the agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as iT the agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

THIRTEENTH: To the extent required by Labor Code Section 1720, Subdivider and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craff, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with or available from the City Clerk. Copies may be obtained at cost at the City Clerk's office of Jurupa Valley.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1 775, 1776, 1 777.Ei, 1777.6, and 'I 813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of Fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates For any work done under this contract, by him or by any contractor or subcontractor under him or her, in violation of the provisions of this agreement FOLJRTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvement. 3 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

C. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action re!ating to this Agreement shall be in the Superior Court of California or u.s. District Court, as applicable, with jurisdiction over the County or Riverside.

SIGNATURES ON SUCCEEDING PAGES
4 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDMDER
Century Communities of California, LLC, a Delaware limited liability company Vice -President
FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF

CORPORATION OR A DULY AUTHORIZED CORPORATE RESOLUTION SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

State or California
County of Orange
On DeCember 212021 before me, w leW'S' nOla' public (name and title of officer), personally appeared Thomas J Hildebrandt and Kyle Naccarato, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature lnA3>
:;" *""'J""""""o"":""""""":y zcNcoo0miammr0ymar'PaESwunsxjgp'WP'%ioellin'rEcecW#So'u2coSnlac6kl""f'yf'30o'rl"'n9i2ao'22 ::a' (Seal)
Page I of 1
"CITY"
CITY OF JURUPA VALLEY, a Municipal corporation
Lorena Barajas
Mayor
ATTEST:

Vicki Wasko, CMC
City Clerk
APPROVED:

V//
APPROVE[) AS TO FORM
Peter M. Thorson
City Attorney
Original: 7/1/"11
Revised: 7/7/21
6 1

SUBDIVISION AGREEMENT

FOR THE CONSTRUCTION OF RCFCD RELATED DRAINAGE IMPROVEMENTS TRACT NO. 37640

This agreement, made and entered as of by and between the City of Jurupa Valley, State of California, hereinafter called City, and Century Communities of California, LLC, a Delaware limited liability company, hereinafter called Subdivider.

In consideration of the mutual promises, consideration and land use entitlements approved for the Tract, the parties hereto agree as follows:

FIRST: Subdivider, for and in consideration of the approval by City of the final map of that certain land division known as TRACT 37640, IP21-009, hereby agrees, at Subdivider’s own cost and expense, to construct or cause to have constructed, with twenty four ( 24) months from the date this agreement is executed, in a good and workmanlike manner, road and drainage improvements , complete with all necessary curb, gutter, sidewalks, street lights, pavement, storm drain pipes, and catch basins to the satisfactory operation of said system s, with all pipe laid at such a depth as to provide a full thirty -six inch (36”) minimum cover from the top of the pipe to street grade, unless otherwise specified by the City Engineer, all in accordance with those plans and specifications which have been appro ved by both the Riverside County Flood Control and Water Conservation District and the City Engineer, and are on file in the office of the City Engineer. Said approved plans and specifications are hereby made a part of this agreement as fully as though set forth herein. All of the above required work shall be done under the inspection of, and to the sa tisfaction of, the City Engineer, and shall not be deemed complete until approved and accepted as complete by the City. Subdivider further agrees to maintain the above required improvements for a period of one year following acceptance by the City and dur ing this one year period to repair or replace to the satisfaction of the City Engineer any defective work or labor done or defective materials furnished. Subdivider further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of seven hundred eighty-three thousand dollars $783,000.

SECOND: Subdivider agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer . Subdivider further agrees that, if suit is brought upon this agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Subdivider, including reasonable attorney’s fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer, employee or consultant of City b e liable or responsible for any accident, loss or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall C ity or any officer, employee, or agent thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of the work, and all or said liabilities are assume by Subdivider. Subdivider agrees to protect, defend, and hold harmless City and the officers, employees and consultants thereof from all loss, liability or claim because of, or arising out 2 of the acts or omissions of Subdivider, its agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement.

FIFTH: The Subdivider shall provide, or cause to be provided, adequate notice and warning to the traveling public of each and eve ry hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Subdivider shall protect all persons from such hazardous or dang erous conditions by use of traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Subdivider, its agents and employees, shall give notice to the City Engineer at least 48 ho urs before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full information with respect to the progress and manner of work.

SEVENTH: If Subdivider, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City Engineer , or if Subdivider violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications. Subdivider shall be in default of this agreement and noti ce of such default shall be served upon Subdivider. City shall have the power, on recommendation of the City Engineer to terminate all rights of Subdivider because of such default. The determination by the City Engineer the question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Subdivider and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under law. The failure o f Subdivider to commence construction shal l not relief the Subdivider or surety from completion of the improvements required by this agreement.

EIGHTH: Subdivider agrees to file with City prior to the date this agreement is executed, a good and sufficient improvement security in an amount not less than the estimated cost of th e work and improvements for the faithful performance of the terms and conditions of this agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by and subject to the requirements of Jurupa Valley Municipal Code Section 7.65.010. Subdivider agrees to renew each and every said bon d or bonds with good and sufficient sureties or increase the amount of said bond, or both, within ten (10) day after being notified by the City Engineer that the sureties or amounts ar e insufficient. Notwithstanding any oth er provisions herein, if Subdivider fails to take such action as is necessary to comply with said notice; Subdivider shall be in default of this agreement.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement, extensions of time may be granted, from time to time, by City Engineer , either at his or her own option, or upon request of 3 Subdivider, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on such bonds. Subdivider further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement including any extensions of time as may be granted therein.

ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City Subdivider
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA 92509
Attention: City Engineer
Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, CA 92660
Attention: Justin Brewer
TWELFTH: This Agreement contains the entire agreement of the parties as to the matters set forth herein. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.

THIRTEENTH: To the extent required by Labor Code Section 1720, Subdivider and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor C ode of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with or available from the City Clerk. Copies may be obtained at cost at the City Clerk's office of Jurupa Valley.

Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion ther eof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any contractor or subcontractor under him or her, in violation of the provisions of this agreement FOURTEENTH: Until such time as the Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully co mpleted and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvement. 4 FIFTEENTH: Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in City.

SIXTEENTH: General.

B. Time. Time is of the essence of this Agreement.

C. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this A greement shall be in the Superior Court of California or U.S. District Court, as applicable, with jurisdiction over the County of Riverside.

D. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal Laws and regu lations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations and shall require its contr actors and subcontractors to comply with all such laws and regulations. The City, and its officers, employees and agents, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this subsection.

E. Independent Advice of Legal Counsel. Each party acknowledges that it had retained independent legal counsel of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its c ounsel and is entering into this Agreement after such review.

************************** SIGNATURES ON SUCCEEDING PAGE S ************************** 5 IN WITNESS WHEREOF, this Agreement has been duly approved and executed on behalf of the parties as of the date first written above.

SUBDIVIDER
Century Communities of California, LLC, a Delaware limited liability company

____________________________________
Name:

President

_____________________________________
Name:

Secretary
FOR A CORPORATIONS: SIGNATURE OF PRESIDENT AND SECRETARY OF

CORPORATION OR A DULY AUTHORIZED CORPORATE RESOLUTION SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF OF CORPORATION IS REQUIRED.

FOR LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND SIMILAR LEGAL ENTITIES: A

DULY AUTHORIZED RESOLUTION OF THE BUSINESS ENTITY OR OTHER DULY

AUTHORIZED DOCUMENT SHOWING AUTHORITY OF PERSONS TO SIGN ON BEHALF

OF CORPORATION
THREE ORIGINALS OF AGREEMENT ARE REQUIRED; SIGNATURES OF SUBDIVIDER MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC.

6 “CITY”
CITY OF JURUPA VALLEY, a Municipal corporation

________________________________________
Chris Barajas
Mayor

ATTEST:

________________________________________
Vicki Wasko, CMC
City Clerk

APPROVED:

________________________________________
Paul Toor
City Engineer/Director of Public Works

APPROVED AS TO FORM

________________________________________
Peter M. Thorson
City Attorney

Original: 7/1/11
Revised: 7/7/21
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STAFF REPORT
DATE: JULY 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.G
AMENDMENT NO. 5 TO THE AGREEMENT FOR PROFESSIONAL

SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY
OF JURUPA VALLEY FOR FY 2023-2024

RECOMMENDATION
1) That the City Council approve Amendment No. 5 to the Agreement for Professional Services by and between the County of Riverside and the City of Jurupa Valley for Fiscal Year 20 23-2024 and authorize the City Manager to execute the A mendment in substantially the form attached and in such final form as approved by the City Attorney.

BACKGROUND
On July 7, 2018, the City entered into a professional services agreement (“Agreement”) with the County of Riverside (“County”) to provide various services. These services included roadway maintenance, drainage maintenance, special event support, engineering services, surveying, traffic signal maintenance, and other services as requested by the City.

Since 2018, the Agreement has been extended each year by mutual agreement between the City and the County.

ANALYIS
As the City continues to develop and bring services in-house, the City has had to rely less on the County to provide the aforementioned professional services. While the City is no longer utilizing most of the professional services, the City still relies on the County for traffic signal maintenance. Traffic signal maintenance services are critical and the County has consistently provided the necessary services. The County provides the service on a

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time and materials basis. The hourly billing rates for Fiscal Year 2023-24 are incorporated herein as Exhibit B-4 of the proposed Amendment No. 5.

OTHER INFORMATION

Previous Actions:
1) Initial Agreement was entered into on June 7, 2018 for Fiscal Year 2018-19 2) Amendment No. 1 was entered into on July 18, 2019 for Fiscal Year 2019-2020 3) Amendment No. 2 was entered into on June 18, 2020 for Fiscal Year 2020-2021 4) Amendment No. 3 was entered into on June 17, 2021 for Fiscal Year 2021-2022 5) Amendment No. 4 was entered into on July 7, 2022 for Fiscal Year 2022-2023

FINANCIAL IMPACT

The rates included in Amendment No. 5 are notably lower than Fiscal Year 2022-23 rates.

For the provision of traffic signal maintenance services , the proposed City budget for Fiscal Year 2023-24 includes a budget amount of $375,000. Finance Department Account No. 200 -2000-54146 (Gas Tax) is established and funded annually for this necessary ope ration and maintenance purpose. A dditionally, when traffic signal maintenance and inspection services are needed as a result of new development within the City, the charges for these services are recouped from the development and are not charged to the City.

For all other services , a specific scope and a corresponding fee will be requested on a task-by-task basis as provided in Section 3 of the Agr eement. The services included in the agreement are only provided as requested by the City and the City is not obligated to request any services. The necessary monies and source of funds for any requested tasks will be identified at the time the scope of t he task is prepared. Task requests which exceed the City Manager’s signature authority will be presented to the City Council for approval.

ALTERNATIVES

1. Do not approve Amendment No. 5 to the Agreement with County of Riverside

2. Provide alternate direction to staff.

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27 AMENDMENT NO. 5

TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE COUNTY OF

RIVERSIDE AND THE CITY OF JURUPA VALLEY

THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR PROFESSIONAL SERVICES (HEREINAFTER “AMENDMENT NO. 5”) IS MADE AND ENTERED INTO EFFECTIVE AS OF JULY 1, 2023, BY AND BETWEEN THE COUNTY OF RIVERSIDE, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, (HEREINAFTER THE "COUNTY"), AND THE CITY OF JURUPA VALLEY, A MUNICIPAL CORPORATION, (HEREINAFTER THE “CITY”).

RECITALS
A. COUNTY and CITY have entered in an agreement entitled "AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF JURUPA VALLEY" that is dated June 26, 2018 (Agenda Item 3.61) (hereinafter the "Agreement") amended on July 23, 2019 (Agenda Item 3.68), June 30, 2020 (Agenda Item

3.38), March 29, 2022 (Agenda Item 3.23), and further amended on December 13, 2022 (Agenda Item 3.45). The Agreement provides the terms and conditions, statement of services and budget for the performance of professional services related to Roadway Maintenance Services, Roadway Drainage Maintenance Services, Special Event Support Services, Traffic Signal Maintenance Services, Engineering Services, Survey Services, and other Services requested by the CITY that are typically provided by the Transportation Department and agreed to by COUNTY.

B. The parties desire to amend the Agreement to extend the term from June 30, 2023 to June 30, 2024 pursuant to Section 29 of the Agreement.
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2. For FY 23/24, COUNTY shall only provide Traffic Signal Maintenance Services as described in Attachment A-1 to the Agreement.

3. Attachment 8-4 of the Agreement is deleted and replaced in its entirety by Attachment B-5, attached hereto.

4. CITY shall pay COUNTY for all such services, including staff-to-staff consultations, at the hourly rates set forth in Attachment 8-5 to this Amendment.

5. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement and Amendment 5 shall remain in full force and effect between the parties hereto.

IN WITNESS HEREOF, the parties hereto have caused this Amendment to the Agreement to be duly executed this day and year first written above.
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APPROVALS
COUNTY Approvals
APPROVED AS TO FORM:

County Counsel
Dated: -------- ---
Danielle Maland, Deputy County Counsel
County of Riverside
APPROVED BY BOARD OF SUPERVISORS:

Dated: -------- ----
Kevin Jeffries, Chair
Riverside County Board of Supervisors
ATTEST:

CLERK OF THE BOARD:

By:-----------
Kimberly Rector
(SEAL)
3 CITY Approvals
APPROVED AS TO FORM:

Dated: -------- ---
Peter Thorson, City Attorney
City of Jurupa Valley
APPROVED BY CITY COUNCIL:

Dated: -------- ---
Rod Butler, City Manager
City of Jurupa Valley
ATTEST:

CITY CLERK:

By:------------
Victoria Wasko, CMC
ATTACHMENT B-5
HOURLY RATES FOR PROFESSIONAL SERVICES From July 01, 2023 to June 30, 2024 4 County of Riverside
Transportation Department and Survey Department
Personnel Rates by Position
Effective 7-1-2023
Position Job CodeDeptID Hrly Rate
ADMIN SVCS ANALYST II 74106 31301 Transportation Department / Engineering $105.80 ADMIN SVCS OFFICER 74213 31301 Transportation Department / Engineering $137.24 AGENCY PROGRAM ADMINISTRATOR 73999 31301 Transportation Department / Engineering $151.76 ASSOC CIVIL ENGINEER 76424 31301 Transportation Department / Engineering $148.38 ASSOC ENGINEER 76423 31301 Transportation Department / Engineering $153.08 ASSOC TRANSPORTATION PLANNER 74829 31301 Transportation Department / Engineering $152.78 ASST CIVIL ENGINEER 76422 31301 Transportation Department / Engineering $145.17 ASST ENGINEER 76421 31301 Transportation Department / Engineering $137.64 CONTRACTS & GRANTS ANALYST 74293 31301 Transportation Department / Engineering $127.36 ENGINEERING AIDE 97421 31301 Transportation Department / Engineering $77.36 ENGINEERING DIVISION MANAGER 76452 31301 Transportation Department / Engineering $229.51 ENGINEERING PROJECT MGR 76419 31301 Transportation Department / Engineering $216.63 ENGINEERING TECH I 97431 31301 Transportation Department / Engineering $100.80 ENGINEERING TECH II 97432 31301 Transportation Department / Engineering $112.05 ENV COMPLIANCE INSPECTOR II 33225 31301 Transportation Department / Engineering $114.45 ENVIRONMENTAL PROJECT MANAGER 74810 31301 Transportation Department / Engineering $199.93 EXECUTIVE ASSISTANT I 14005 31301 Transportation Department / Engineering $80.81 EXECUTIVE ASSISTANT II 14006 31301 Transportation Department / Engineering $91.69 GIS SENIOR ANALYST 77106 31301 Transportation Department / Engineering $119.53 JUNIOR ENGINEER 76420 31301 Transportation Department / Engineering $123.07 LANDSCAPE PLANS EXAMINER II 33207 31301 Transportation Department / Engineering $145.17 OFFICE ASSISTANT III 13866 31301 Transportation Department / Engineering $68.45 PRINCIPAL CONST INSPECTOR 97413 31301 Transportation Department / Engineering $158.36 PRINCIPAL ENG TECH 97434 31301 Transportation Department / Engineering $160.36 PUBLIC INFORMATION SPECIALIST 74233 31301 Transportation Department / Engineering $127.07 REAL PROPERTY AGENT II 74918 31301 Transportation Department / Engineering $98.01 SR ADMINISTRATIVE SVCS ANALYST 77623 31301 Transportation Department / Engineering $113.45 SR CIVIL ENGINEER 76425 31301 Transportation Department / Engineering $184.42 SR ENG TECH 97433 31301 Transportation Department / Engineering $129.85 SR REAL PROPERTY AGENT 74921 31301 Transportation Department / Engineering $127.75 SR TRANSPORTATION PLANNER 74831 31301 Transportation Department / Engineering $175.75 TECHNICAL ENGINEERING UNIT SPV 97435 31301 Transportation Department / Engineering $172.71 TRANSPORTATION DIVISION MGR-EC 74812 31301 Transportation Department / Engineering $229.51 ASST DISTRICT ROAD MAINT SUPV 66561 31301 Transportation Department/ Highway Operations $113.30 ASST TRAFFIC SIGNAL SUPV 97384 31301 Transportation Department/ Highway Operations $146.93 BRIDGE CREW WORKER 66501 31301 Transportation Department/ Highway Operations $87.34 COOK 54431 31301 Transportation Department/ Highway Operations $63.91 CREW LEAD WORKER 66502 31301 Transportation Department/ Highway Operations $94.07 DISTRICT ROAD MAINTENANCE SUPV 66509 31301 Transportation Department/ Highway Operations $119.53 EQUIPMENT OPERATOR I 66511 31301 Transportation Department/ Highway Operations $86.91 EQUIPMENT OPERATOR II 66512 31301 Transportation Department/ Highway Operations $94.02 EXECUTIVE SECRETARY 13929 31301 Transportation Department/ Highway Operations $101.58 HIGHWAY MAINT SUPERINTENDENT 66524 31301 Transportation Department/ Highway Operations $162.57 HIGHWAY OPS SUPERINTENDENT 66526 31301 Transportation Department/ Highway Operations $204.90 LABORER 62202 31301 Transportation Department/ Highway Operations $64.64 LEAD BRIDGE CREW WORKER 66504 31301 Transportation Department/ Highway Operations $97.14 LEAD TRAFFIC CONTROL PAINTER 66582 31301 Transportation Department/ Highway Operations $100.26 LEAD TREE TRIMMER 66592 31301 Transportation Department/ Highway Operations $95.09 MAINTENANCE & CONST WRKR 66529 31301 Transportation Department/ Highway Operations $76.48 OFFICE ASSISTANT III 13866 31301 Transportation Department/ Highway Operations $68.45 SIGN MAKER 66580 31301 Transportation Department/ Highway Operations $95.58 SR EQUIPMENT OPERATOR 66513 31301 Transportation Department/ Highway Operations $101.55 SR TRAFFIC SIGNAL TECHNICIAN 97382 31301 Transportation Department/ Highway Operations $137.92 Position

TECHNICAL ENGINEERING UNIT SPV 97435 31301 Transportation Department/ Highway Operations $172.71 TRAFFIC CONTROL PAINTER 66581 31301 Transportation Department/ Highway Operations $93.09 TRAFFIC SIGNAL SUPERVISOR 97383 31301 Transportation Department/ Highway Operations $155.13 TRAFFIC SIGNAL TECH 97381 31301 Transportation Department/ Highway Operations $128.00 TRANSPORTATION WAREHSE WKR I 15823 31301 Transportation Department/ Highway Operations $72.58 TRANSPORTATION WAREHSE WKR II 15822 31301 Transportation Department/ Highway Operations $89.27 TREE TRIMMER 66591 31301 Transportation Department/ Highway Operations $85.93 TRUCK & TRAILER DRIVER 66516 31301 Transportation Department/ Highway Operations $91.58 Department of Surveyor
COUNTY SURVEYOR 76487 31302 Survey Department $217.58
ENGINEERING AIDE 97421 31302 Survey Department $73.33
ENGINEERING TECH I 97431 31302 Survey Department $95.56 ENGINEERING TECH II 97432 31302 Survey Department $106.23 EXECUTIVE ASSISTANT 14005 31302 Survey Department $76.61 PRINCIPAL ENG TECH 97434 31302 Survey Department $152.03 PRINCIPAL ENG TECH - PLS/PE 97438 31302 Survey Department $160.40 SR ENG TECH 97433 31302 Survey Department $123.10
SR ENG TECH - PLS/PE 97437 31302 Survey Department $129.82 SR LAND SURVEYOR 76484 31302 Survey Department $169.22
SUPV LAND SURVEYOR 76403 31302 Survey Department $179.57 SURVEY PROJECT MANAGER 76486 31302 Survey Department $205.37

STAFF REPORT
DATE: JULY 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.H
APPEAL NO. 23001: MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO. 37211 (TTM37211M1), A REQUEST TO MODIFY CONDITION NO. 3.15 REGARDING ELECTRICAL LINE UNDERGROUNDING

ALONG PACIFIC AVENUE AND DETERMINE THAT NO FURTHER

RECOMMENDATION
1) That the City Council adopt Resolution No. 2023-44, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY RESCINDING THE PLANNING COMMISSION’S DECISION TO DENY MINOR CHANGE NO. 1 TO TENTATIVE TRACT MAP NO. 37211 (TTM37211M1) WHICH REQUESTED THE DELETION OF CONDITIONS NOS. 1.12 AND 2.15

REGARDING ESTABLISHING A CFD FOR LANDSCAPING AND WATER
QUALITY MANAGEMENT FEATURES, AND CONDITION NO. 3.15

REGARDING THE UNDERGROUNDING OF UTILITY LINES ALONG PACIFIC

AVENUE, AND DETERMINING THAT NO FURTHER CEQA REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162(A)

BACKGROUND
On March 8, 2021, the Planning Commission passed Resolution No. PC -2023-03, denying TTM37211M1 and upholding Engineering Condition Nos. 1.12, 2.15, and 3.15.

The Applicant appealed the Planning Commission's decision to the City Council, specifically seeking to modify Condition No. 3.15, which concerns the undergrounding of utility poles. The Applicant did not appeal the Planning Commission ’s denial of modifications to Condition Nos. 1.12 and 2.15.

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On June 15, 2023, the request to modify Condition No. 3.15 was considered by the City Council. After conducting a public hearing, the City Council d irected staff to prepare a resolution allowing modifications to Condition No. 3.15.

CITY COUNCIL DELIBERATION
During the June 15, 2023 meeting, the City Council made a decision regarding the undergrounding requirement (Condition No. 3.15) that differed from the Planning Commission's decision. The Council approved an alternative approach which allows for the preservation of utility poles 1 and 2 (See Exhibit No. 1 below), while mandating the undergrounding of the utility pole and lines in between.

The City Council made the following revision to Condition No. 3.15:

Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground except as set forth below. in accordance with Riverside County Ordinances 460 and 461, as adopted by the City. The Project Proponent is responsible for coordinating the work with the serving utilit y company. This requirement applies to underground existing overhead electrical lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site including services that originate from poles on the far side of the street. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. Written proof confirming initiation of the design of utility improvements or relocations, i ssued by the utility company, shall be submitted to the Engineering Department for verification purposes.

Notwithstanding the undergrounding requirement, at Developer ’s election Pole 1 and 2 can remain in place, unless Southern California Edison requires that Pole 2 be removed. Pole 1.5 shall be removed. The utility lines between Poles 1 and 2 must be placed underground. If Southern California Edison requires Pole 2 to be removed, then the utility lines between Pole 1 and 3 will need to be placed underground.

EXHIBIT NO. 1 - PACIFIC AVENUE UTILITIES

ATTACHMENTS NO. 1
City Council Resolution

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RESOLUTION NO. 2023-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY RESCINDING THE PLANNING
COMMISSION’S DECISION TO DENY MINOR CHANGE
NO. 1 TO TENTATIVE TRACT MAP NO. 37211
(TTM37211M1) WHICH REQUESTED THE DELETION OF
CONDITIONS NO S. 1.12 AND 2.15 REGARDING

ESTABLISHING A CFD FOR LANDSCAPING AND WATER

QUALITY MANAGEMENT FEATURES, AND CONDITION
NO. 3.15 REGARDING THE UNDERGROUNDING OF

UTILITY LINES ALONG PACIFIC AVENUE, AND

DETERMINING TH AT NO FURTHER CEQA REVIEW IS

REQUIRED PURSUANT TO CEQA GUIDELINES SECTION
15162

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:

Section 1. Project. Sequanata Partners, LP (the “Applicant) applied for Minor Change No. 1 to Tentative Tract Map No. 37211 (Master Plan Application No. 20117) to modify Engineering Department Conditions of Approval to no longer comply with Condition Nos. 1.12,

2.15, and 3.15 regarding the formation of , or annexation into, a Community Facilities District (CFD) for the maintenance of landscaping and the operation and maintenance of post-construction water quality management feature s and facilities (BMPs) and t he undergrounding of certain electric service lines (the “Project”).

Section 2. Appeal. On March 8, 2023, the Planning Commission considered the Project at a duly n oticed public hearing. At the conclusion of the meeting, the Planning Commission adopted Resolution No. PC -2023-03 denying the Project. The Applicant subsequently appealed the Planning Commission’s decision to deny the Applicant’s request to modify condition 3.15 to allow the Applicant to maintain above ground electric service lines. The Applicant did not appeal the Planning Commission’s decision to retain the CFD conditions 1.12 and 2.15 as outlined below.

Section 3. Minor Changes to Tentative Tract Map Authority. (a) On March 21, 2019, the City Council initially approved Tentative Tract Map No. 37211 and Change of Zone No. 17003 (known collectively as MA17099). TTM No. 37211 approved a Schedule “A” subdivision of the 10.4 -acre property into 48 singl e-family residential lots with a minimum lot size of 6,000 square feet; two (2) water quality basin lots (Lots A and B) and three (3) letter street lots (A -C). Additionally, the project included the approval of CZ17003 to change the zoning classification of the project site from R-1 (One-Family Dwellings) to R-4 (Planned Residential).
(b) The City Council originally appro ved Tentative Tract Map No. 37211 on March 21, 2019.

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(c) The Applicant filed an application for the Minor Change No. 1 to Tentative Tract Map No. 37211 (TTM37211M1) on July 21, 2020.
(d) Minor Change No. 1 to Tentative Tract Map No. 37211 (TTM37211M1) sought to delete Engineering Department’s Condition of Approval Nos. 1.12 and 2.15 which read as follows:

1.12. The owner will be required to form a Community Facilities District (CFD) for landscape maintenance.

2.15. The Developer shall initiate the formation of, or annexation to, if one already exists, a Community Facilities District (CFD) for the operation and maintenance of post -construction water quality management features and facilities (BMPs).

The Applicant is no longer seeking to delete Condition Nos. 1.12 and 2.15 and, therefore, these conditions shall remain as is.

(e) The Applicant is seeking to modify Condition 3.15 which reads as follows:

3.15. Electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground per Riverside County Ordinances 460 and 461, as adopted by the City. The Project Proponent is responsible for coordinat ing the work with the serving utility company. This requirement applies to underground existing overhead electrical lines, which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site, including services that originate from poles on the far side of the street. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. Written proof confirming the initiation of the design of utility improvements or relocations issued by the utility company shall be submitted to the Engineering Department for verification purposes.

Specifically, the Applicant seeks to modify this condition to leave the highest electrical lines that traverse the 60 freeway above ground while undergrounding the lower electrical lines.

(f) Section 7.15.210 of Chapter 7.15 of the Jurupa Valley Municipal Code provides the procedure for a minor change to a previously approved tentative map. (g) Pursuant to Section 7.15.210, any request for approval of a minor change to a previously approved tentative map must be filed with the Planning Department. The Planning Director must make a recommendation to the body having jurisdiction over the underlying map and notice a publi c hearing in accordance with Section 7.15.130 of the Jurupa Valley Municipal Code unless the underlying map did not previously require a hearing. The Planning Commission may decide the matter when it appears on the agenda, or it may continue the matter with or without the consent of the land divider. The decision of the Planning Commission shall be final unless the

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decision is appealed to the City Council. The approval by the Planning Commission of a minor change shall not affect the time period within which the land divider must prepare and file the final map.
(h) Section 7.15.200(B) provides that proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map except those procedures that are not applicable. Section 7.15.180 states that a tentative map shall be denied if it does not meet all requirements of this title, or if any of the following findings are made:
1) That the proposed land division is not consistent with applicable general and specific plans;
2) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans;
3) That the site of the proposed land division is not physically suitable for the type of development;
4) That the site of the proposed land division is not physically suitable for the proposed density of the development;
5) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems; 7) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be s ubstantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction; 8) Notwithstanding subsection (5) of this section, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.), that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

Section 4. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA No. 20117 was processed, including, but not limited to public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances.

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(b) On February 22 , 2023 , the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 20117, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony , the Planning Commi ssion closed the public hearing and provided direction to staff to prepare a resolution to deny the Project. (c) On March 8, 2021, the Planning Commission adopted Resolution No. PC - 2023-03 denying the Project and upholding Engineering Condition Nos. 1.12, 2.15 and 3.15. The Applicant subsequently appealed the Planning Commission’s decision to deny the modification to Condition No. 3.15. The Applicant did not appeal the Planning Commission’s decision to uphold Condition Nos. 1.12 and 2.15.
(d) On June 15, 2023, the City Council held a duly noticed public hearing on MA No. 20117, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing and provided d irection to staff to prepare a resolution to allow some modifications to Condition No. 3.15 as set forth below. (e) All legal preconditions to the adoption of this Resolution have occurred.

Section 5. California Environmental Quality Act Findings . The City Council of the City of Jurupa Valley hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) On March 21, 2019, the City adopted a Mitigated Negative Declaration (MND) for the project in compliance with CEQA. The proposed Minor Change No. 1 to Tentative Tract Map No. 37211 (TTM37211M1) is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15162. The City has prepared a Previous Environmental Document Review analysis attached as Exhibit “A”. The City Council has reviewed the administrative record, and based on its own independent judgment, finds that no further environmental review is required pursuant to CEQA Guidelines Section 15162.
(b) The proposed Minor Change No. 1 to Tentative Tract Map No. 37211 (TTM37211M1) has been evaluated against the previous analysis in the MND, to ensure that the requested modifications do not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified previously. It has been determined that the analyses and the conclusions in the MND remain valid and that the project currently under review is “within the scope” pursuant to CEQA Guidelines Section 15162 (a) (c) The custodian of records for the MND prepared for Tentative Tract Map No. 37211 and the Previous Environmental Document Review Determination, and all other materials that constitute the record of proceedings upon which the City Council’s action is based, is the Community Development Departme nt of the City of Jurupa Valley. Those documents are available for public review in the Community Development Department at 8930 Limonite Avenue, Jurupa Valley, California 92509.

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Jurupa Valley City CouncilJuly 6, 2023

Jurupa Valley City Council
July 6, 2023