Cities Index.
Agenda

Jurupa Valley City Council
March 7, 2024

Document
Agenda
Meeting
March 7, 2024
Body
Jurupa Valley City Council
Pages
5
Original file
22.0 MB
Text extracted from the city's file for reading and search. Open the original on www.jurupavalley.org. That file is the official record.

We were engaged by the City to perform this ag reed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to an d did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriation Limit Schedule. Accord ingly, we do not express such an opinion or conclusion. Had we performed addi tional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the informatio n and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

However, this report is a matter of public record, and its distribution is not limited.

Badawi & Associates, CPAs
Berkeley, California
February 26, 2024
2 City of Jurupa Valley
Appropriations Limit Schedule
For the year ended June 30, 2024
Amount Source
A. Appropriations limit for the year ended June 30, 2023 49,232,010$ Prior year schedule B. Calculation
factors:

1. Population increase %

0.9984 State Department of Finance

2. Inflation increase (deflation decrease)

1.0444 Consultant Report

3. Total adjustment factor %

1.0427 B1 * B2
C. Annual adjustment increase 2,103,633$ [(B3-1)*A)] D. Other adjustments:

Loss responsibility (-)
- N/A
Transfers to private (-)
- N/A
Transfers to fees (-)
- N/A
Assumed responsibility (+)
- N/A
E. Total adjustments 2,103,633 (C+D)
F. Appropriations limit for the year ended June 30, 2024 51,335,642$ (A+E) 3 City of Jurupa Valley
Notes to Appropriations Limit Schedule
For the fiscal year ended June 30, 2024

1. PURPOSE OF LIMITED PROCEDURES REVIEW
Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes.

Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to a limited procedures review in connection with the annual audit.

2. METHOD OF CALCULATION
Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-1987, adjusted for the inflation and population factors discussed in Notes 3 and 4 below.

3. INFLATION FACTORS
A California governmental agency may adjust its appropriations limit by either the annual percentage change in the 4
th quarter per capita personal income (whi ch percentage is supplied by the State Department of Finance), or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction . The factor adopted by the City of Jurupa Valley (City) for fiscal year 2024 represents the percentage growth in the State of California per capita personal income cost of living.

4. POPULATION FACTORS
A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction’s own population, or the annual percentage change in population in the County where the jurisdiction is lo cated. The factor adopted by the City for fiscal year 2024 represents the annual percentage change in population for the City.

5. OTHER ADJUSTMENTS
A California government agency may be required to ad just its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services, to, or from, another government agency or private entity. There were no adjustments made for fiscal year ended June 30, 2024. 4 City of Jurupa
Valley

Air Quality Management
District Fund

Jurupa Valley, California

Financial Statements and
Independent Auditor’s Reports
For the year ended June 30, 2023

City of Jurupa Valley
Air Quality Management District Fund
For the Year Ended June 30, 2023

Table of Contents

Page

Independent Auditor’s Report ................................................................................................................................. 1

Financial Statements:

Balance Sheet ......................................................................................................................................................... 5

Statement of Revenues, Expenditures and Changes in Fund Balances ........................................................ 6

Notes to Financial Statements ............................................................................................................................ 7

Required Supplementary Information:

Statement of Revenues, Expenditures and Changes
in Fund Balance – Budget to Actual .................................................................................................................. 9

Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of
Financial Statements Performed in Accordance
with Government Auditing Standards .............................................................................................................. 11

Report on Compliance and on Internal Control over
Compliance for Air Quality Management District Fund ............................................................................ 13

This page intentionally left blank

INDEPENDENT AUDITOR’S REPORT

To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Report on the Audit of the Financial Statements

Opinions

We have audited the financial statements of the Air Qua lity Management District Fund of the City of Jurupa Valley, California (City), as of and for the year ended June 30, 2023, and the related notes to the financial statements as listed in the table of contents.

In our opinion, the accompanying financial statements pres ent fairly, in all material respects, the respective financial position of the Air Quality Management District Fund of the City, as of June 30, 2023, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions

We conducted our audit in accordance with auditing st andards generally accepted in the United States of America (GAAS) and the standards applicab le to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States. Our responsibilit ies under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial St atements section of our report. We are required to be independent of the Air Quality Managem ent District Fund of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Responsibilities of Management for the Financial Statements

The City’s management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control re levant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is requ ired to evaluate whether there are conditions or events, considered in the aggregate, that raise subs tantial doubt about the Air Quality Management District Funds’ ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.

To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Page 2 ends

Auditor’s Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the financial stat ements as a whole are free from material misstatement, whether due to fraud or erro r, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assur ance but is not absolute assu rance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always de tect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, inte ntional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgmen t made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatemen t of the financial statements, whether due to fraud or error, and design and perform audit procedures re sponsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not fo r the purpose of expressing an opinion on the effectiveness of the Air Quality Management District Funds’ internal control. Accordingly, no such opinion is expressed.
 Evaluate the appropriateness of accounting polic ies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
 Conclude whether, in our judgment, there are conditio ns or events, considered in the aggregate, that raise substantial doubt about the Air Quality Management District Funds’ ability to continue as a going concern for a reasonable period of time.

We are required to communicate wi th those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit.

Required Supplementary Information

Accounting principles generally accepted in the United States of America require that the budgetary comparison schedule be presented to supplement the basic financial statements. Such in formation is the responsibility of management and, although not a part of the basic financ ial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which cons isted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s response to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial 2 To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Page 3 ends

statements. We do not express an opi nion or provide any assurance on the inform ation because the limi ted procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Management has omitted the management’s discussion and analysis that accounti ng principles generally accepted in the United States of America require to be presented to supplement the basic financial statements.

Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, econ omic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated February 26, 2024 on our consideration of the City’s internal control over financial reporting and on our te sts of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance.

Badawi & Associates, CPAs
Berkeley, California
February 26, 2024
3 This page intentionally left blank
4 City of Jurupa Valley
Air Quality Management District Fund
Balance Sheet
June 30, 2023
Air Quality
Management
District Fund
ASSETS
Cash and investments 385,991$
Receivables:

Intergovernmental receivable 35,147
Interest receivable 1,805
Total assets 422,943$

LIABILITIES AND FUND BALANCE
Liabilities:

Accounts payable -$
Accrued liabilities -
Total liabilities -
Fund balances:

Restricted for:

AQMD activities 422,943
Total fund balance 422,943
Total liabilities and fund balance 422,943$

See accompanying Notes to Financial Statements
5 City of Jurupa Valley
Air Quality Management District Fund
Statement of Revenues, Expenditures and Change in Fund Balance For the Year Ended June 30, 2023
Air Quality
Management
District Fund
REVENUES:

Intergovernmental 139,112$
Investment income (loss) 7,188
Total revenues 146,300
EXPENDITURES:

Community Development 248,874
Total expenditures 248,874
REVENUE OVER (UNDER) EXPENDITURES (102,574)
OTHER FINANCING SOURCES (USES):

Transfers out (15,066)
Total other financing sources (uses) (15,066)
Net change in fund balance (117,640)
FUND BALANCE:

Be
ginning of year 540,583
End of year 422,943$
See accompanying Notes to Financial Statements
6 City of Jurupa Valley
Air Quality Management District Fund
Required Supplementary Information
Statement of Revenues, Expenditures and Change in Fund Balance - Budget to Actual For the Year Ended June 30, 2023
Variance with
Final Budget
Actual Positive
Original Final Amounts (Ne gative)
REVENUES:

Intergovernmental 138,757$ 138,757$ 139,112$ 355$ Investment income (loss) 753 753 7,188 6,435
Total revenues 139,510 139,510 146,300 6,790 EXPENDITURES:

Community Development 312,260 312,260 248,874 63,386 Total expenditures 312,260 312,260 248,874 63,386 REVENUE OVER (UNDER) EXPENDITURES (172,750) (172,750) (102,574) 70,176 OTHER FINANCING SOURCES (USES):

Transfers out - - (15,066) (15,066)
Total other financing sources (uses) - - (15,066) (15,066) Net change in fund balance (172,750)$ (172,750)$ (117,640) 55,110$ FUND BALANCE:

Be
ginning of year 540,583
End of year 422,943$
Budgeted Amounts
7 This page intentionally left blank
8 City of Jurupa Valley
Air Quality Management District Fund
Notes to Financial Statements
For the Year Ended June 30, 2023

1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The accompanying financial statements present only th e Air Quality Management Dist rict Fund of the City of Jurupa Valley, California (City) and do not include any other funds of the City. The City's basic financial statements are available from the City's Finance Department at 8930 Limonite Avenue, Jurupa Valley, California 92509.

A. Basis of Accounting
The accompanying financial statements for the Air Qu ality Management District Fund of the City have been prepared on the modified accrual basis of a ccounting. Generally, revenues are recognized when they become "susceptible to accrual", that is, meas urable and available to finance expenditures of the current period. Revenues susceptible to accrual include motor vehicle fees and interest earnings on investments received within 60 days of year end. Expenditures are re cognized when the fund liability is incurred, if measurable.

B. Measurement Focus
The Air Quality Management District Fund is a ccounted for on a spending or "financial flow" measurement focus. This means that generally only current assets and current liabilities are included on the balance sheet. The statement of revenues, expenditures and changes in fund balance for the Air Quality Management District Fund generally presents increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in fund balance.

C. Air Quality Management District Fund
California Assembly Bill 2766 (SHER) authorizes air po llution control districts to levy fees on motor vehicles. Fees are to be used to reduce air pollution. Under this program, the Department of Motor Vehicles collects the fees and subvenes the amounts to the South Coast Air Quality Management District for vehicles registered in the South Coast District. Forty cents of every dollar subvened to SCAQMD is allocated to the cities and counties in the South Coast Air District proportionately based upon population. The amounts attributable to the City are maintained in a special revenue fund administered by the City.

D. Fund Balances
Fund balance is essentially the difference between th e assets and liabilities reported in a governmental fund. There are five separate components of fund bal ance, each of which identifies the extent to which the Air Quality Management District Fund is bound to honor constraints on the specific purposes for which amounts can be spent.

Non-spendable Fund Balance - This includes am ounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact.

Restricted Fund Balance - This includes amou nts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation.
9 City of Jurupa Valley
Air Quality Management District Fund
Notes to Financial Statements
For the Year Ended June 30, 2023

1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, Continued D. Fund Balances, Continued
Committed Fund Balance - This includes amounts that can be used only for the specific purposes determined by a formal action of the city council.

Assigned Fund Balance - This includes amounts that are designated by the city council for specific purposes.

Unassigned Fund Balance - This is the residual classification that includes all spendable amounts not contained in the other classifications.

E. Estimates
The preparation of financial statements in conformity with accounting principl es generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.

2. CASH AND INVESTMENTS
The Air Quality Management District Fund cash balance is pooled with the City's cash and investments in order to generate optimum interest income. Each fund 's share of the pooled cash account is separately accounted for, and investment income is allocated to all participating funds based on the relationship of their average daily cash balances to the total of the pooled cash and investments. Information regarding the authorized types of deposits and investments, the type of risks (i.e. credit, interest rate, custodial, etc.) and other disclosures associated with the City's pooled ca sh and investments is incl uded in the City's basic financial statements.
10 REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE

AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL

STATEMENTS PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United St ates, the financial statements of the Air Quality Management District Fund of the City of Jurupa Valley, California (City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, and have issued our report thereon dated February 26, 2024.

Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable po ssibility that a material mi sstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies , in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limit ed purpose described in the first paragraph of this section and was not designed to identify all deficien cies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Page 2 ends

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Air Quality Management District Funds’ financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the fi nancial statement. However, providing an opinion on compliance with those provisions was not an objective of our audit, an d accordingly, we do not express such an opinion.

The results of our tests disclosed no instances of no ncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integr al part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, California
February 26, 2024
12 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL

OVER COMPLIANCE FOR AIR QUALITY MANAGEMENT DISTRICT FUND Independent Auditor’s Report
To the Honorable Mayor and Membe
rs
of the City Council of the City of Jurupa Valley
Jurupa Valley, California
Report on Compliance for the Air Quality Management District Fund Opinion on Compliance for the Air Quality Management District Fund We have audited the Air Quality Management District Fund of the City of Jurupa Valley’s (City) compliance with the types of compliance requirements described in Assembly Bill 2766, Chapter 1705 (44220 through 44247) for the year ended June 30, 2023.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on its Air Quality Management District Fund for the year ended June 30, 2023.

Basis for Opinion on Air Quality Management District Fund We conducted our audit of compliance in accordance wi th auditing standards generally accepted in the United States of America (GAAS); the standard s applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States ( Government Auditing Standards); and Assembly Bill 2766, Chapter 1705 (44220 through 44247). Our responsibilities under those standards and are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the City’s Air Quality Management District Fund. Our audit does not provide a legal determination of the Air Quality Management District Fund’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the re quirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s Air Quality Management District Fund.

To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Page 2 ends

Auditor’s Responsibilities for the Audit of Compliance

Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, wh ether due to fraud or error, and express an opinion on the Air Quality Management District Fund’s compli ance based on our audit. Re asonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards , and Assembly Bill 2766, Chapter 1705 (44220 through 44247) will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepre sentations, or the override of internal control.

Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individua lly or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Air Quality Management District Fund’s compliance with the requirements of Assembly Bill 2766, Chapter 1705 (44220 through 44247).

In performing an audit in accordance with GAAS, Government Auditing Standards , and Assembly Bill 2766, Chapter 1705 (44220 through 44247), we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncomp liance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Air Quality Management District Fund’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
 Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Assembly Bill 2766, Chapter 1705 (44220 through 44247), but not for the purpose of expressing an opinion on the effectiveness of City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance

A deficiency in internal control over compliance exis ts when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, nonc ompliance with a type of compliance requirement of Assembly Bill 2766, Chapter 1705 (44220 through 44247) on a timely basis. A material weakness in internal control over compliance is a deficiency , or combination of deficiencies in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of Assembly Bill 2766, Chapter 1705 (44220 through 44247) will not be preven ted, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination 14 To the Honorable Mayor and Members
of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Page 3 ends

of deficiencies, in internal control over compliance wi th a type of compliance requirement of Assembly Bill 2766, Chapter 1705 (44220 through 44247) that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section abov e and was not designed to identify all deficiencies in internal control over compliance th at might be material weaknesses or si gnificant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined below. However, material weaknesses or significant de ficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of Assembly Bill 2766, Chapter 1705 (44220 through 44247). Accordingly, this report is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, California
February 26, 2024
15 City of
Jurupa Valley
SLFRF Award Examination
Jurupa Valley, California
Independent Accountants’ Reports on
Compliance
For the fiscal year ended June 30, 2023

Independent Accountant’s Report
To the Honorable Mayor and Members of the City Council
of the City of Jurupa Valley
Jurupa Valley, California
We have examined the City of Jurupa Valley, California’s (City) compliance with the compliance requirements “activities allowed or unallowed” and “allowable cost /cost principles” (the specified requirements) as described in Part IV “Requirements for an Alternative Compliance Examination Engagement for Recipients That Would Otherwise be Required to Undergo a Single Audit or Program- Specific Audit as a Result of Receiving SLFRF Awards” of the CSLFRF section of the 2023 OMB Compliance Supplement (referred to herein as “Requirement s for an Alternative CSLFRF Compliance Examination Engagement”) during the year ended June 30, 2023. Management of the City is responsible for the City’s compliance with the specified requirements. Our responsibility is to express an opinion on the City’s compliance with the specified requirements based on our examination.

Our examination was conducted in accordance with attestation standards established by the AICPA; the standards applicable to attestation engagements contained in Government Auditing Standards , issued by the Comptroller General of the United States; and in the “Requirements for an Alternative CSLFRF Compliance Examination Engagement.” Those standar ds and requirements require that we plan and perform the examination to obtain reasonable assurance about whether the City co mplied, in all material respects, with the specified requirements referenc ed above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures select ed depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion.

We are required to be independent and meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement.

Our examination does not provide a legal determi nation on the City’s compliance with specified requirements.

In our opinion, the City complied, in all material respects, with the specified requirements referenced above during the year ended June 30, 2023.
1 To the Honorable Mayor and Members of the City Council of the City of Jurupa Valley
Jurupa Valley, California

Page 2 ends

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards , we are required to report all deficiencies that are considered to be significant deficiencies or mate rial weaknesses in internal control; fraud, and noncompliance with provisions of laws, regulations, contracts, or grant agreements that have a material effect on the City’s compliance with the specified re quirements and any other in stances that warrant the attention of those charged with governance. We are also required to obtain and report the views of responsible officials concerning th e findings, conclusions, and recomme ndations, as well as any planned corrective actions. We performed our examination to express an opinion on the City’s compliance with the specified requirements and not for the purpose of ex pressing an opinion on the internal control over the specified requirements or on compliance and other matters; accordingly, we express no such opinions. The results of our tests disclosed no ma tters that are required to be reported under Government Auditing Standards.

Intended Purpose
The purpose of this examination report is sole ly to express an opinion on whether the City complied, in all material respects with the specified requirements referenced above during the year ended June 30, 2023. Accordingly, this report is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, California
February 26, 2024
2 Page | 1
$388,479120

STAFF REPORT
DATE: MARCH 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.F

APPROVAL OF THE SECOND AMENDMENT TO AGREEMENT WITH

RRM DESIGN FOR THE PREPARATION OF PERMIT-READY

ACCESSORY DWELLING UNIT PROJECT

RECOMMENDATION

1. That the City Council authorize the City Manager to execute the Second Amendment to the Agreement with RRM Design Group for the preparation of permit ready accessory dwelling unit (PRADU) plans; and

2. That the City Council authorize the Interim Finance Director to make any necessary budget adjustments.

BACKGROUND
On March 2, 2023, the City Council approved a contract with RRM Design Group in the amount of $111,039 to develop permit -ready plans for accessory dwelling units (ADUs).

The objective of the Permit Ready Accessory Dwelling Unit (PRADU) project is to promote the construction of ADUs by providing property owners with a range of alternative PRADU plans. These plans offer customizable options, allowing for variations in architectural style, exterior materials, and fenestration to align with individual owners' preferences .

Once the final PRADU plans are completed and made available to the public, they will significantly reduce costs for applicants who would otherwise need to prepare their own plans. Additionally, this will expedite the approval process for ADUs during the building plan check phase.

On December 7, 2023, the City Council made a first amendment to the RRM Design Group contract to prepare floor plans that are reversible to allow greater flexibility in siting an ADU on a property and to include a two-car detached garage option to the PRADU plan set. The cost for the expanded scope of services is $16,000, and the amendment brought the total contract to $134,539.

RETURN TO AGENDA

ATTACHMENT 1
Second Amendment to RRM Design Agreement

Page 1 of 4 ends

AMENDMENT NO. 2 TO

AGREEMENT FOR CONSULTANT SERVICES
This Amendment No. 2 (“Second Amendment”) to the March 2, 2023 Agreement for Consultant Services (“Agreement”) between the City of Jurupa Valley, a California municipal corporation (“City”), and RRM Design Group, a California Corporation ("Consultant") and is between City and Consultant.

RECITALS
A. City and Consultant entered into the Agreement for Consultant’s preparation of Permit Ready Accessory Dwelling Unit Plans.

B. City and Consultant desire to amend the Agreement to modify scope of services and the compensation amount.

The parties therefore agree as follows:

Section 1. Section 2 of the Agreement is hereby amended to read as follows:
“2. Services
Consultant shall perform the services and tasks described and set forth on pages 33-41 of Consultant’s Proposal dated November 10, 2022 , and attached hereto as Exhibit A, and the services and tasks described and set forth on page s 1 -3 of Consultant’s Proposal dated November 20, 2023, of Amendment No. 1 of Exhibit A-1, and the services and task described and set forth on page 1 of Consultant Proposal dated February 12, 2024 and attached hereto as Exhibit A-2, each exhibit incorporated herein as though set forth in full. Consultant shall complete the task within three months of the approval date of Amendment Number 2.

Section 2. Paragraph A of Section 4 of the Agreement is hereby amended to read as follows:
“A. City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth on page 41 of Exhibit A, page 3 of Exhibit A-1, based upon actual time spent on the above tasks. This amount shall not exceed one hundred and forty thousand five hundred and thirty -nine dollars ($140,539.00) for the total term of this Agreement unless additional payment is approved as provided in this Agreement.”
Section 3. Exhibit A-2 is hereby added to the Agreement to read as Exhibit A-2 of this Second Amendment.

Section 4. The person or persons executing this Second Amendment on behalf of Consultant warrants and represents that he or she has the authority to execute this

Page 2 of 4 ends

First Amendment on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

Section 5. Except as expressly modified or supplemented by this Second Amendment, all other provisions of the Agreement and First Amendment shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement and the First Amendment, the provisions of this Second Amendment shall control.
[SIGNATURE PAGE FOLLOWS]

Page 3 of 4 ends

The parties are signing this Second Amendment on the date stated in the introductory clause.

ATTEST:

By:

Victoria Wasko, CMC, City Clerk

CITY OF JURUPA VALLEY

By:

Rod Butler, City Manager

APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney

RRM DESIGN

By:

Erik P. Justesen, CEO

By:

Debra Rudd, CEO

Page 4 of 4 ends

EXHIBIT A-2

SCOPE OF SERVICES
(Attached)
Second Amendment
Scope of Services
Date: Febuary 12, 2024
Client:

City of Jurupa Valley
Attn: Jim Pechous
Project Name:

Jurupa Valley Pre-Approved ADUs
Project Number:
2955-01-CU22

DESCRIPTION OF WORK TO BE PERFORMED

STICK FRAMED ROOF STRUCTURAL DESIGN
The basis of the structural design is a premanufactured roof truss. However, after staff review of applicability to this project, an optional task is provided for a stick-framed roof system consisting of rafters, ridge beams, and ceiling beams.

Deliverables:
• Four (4) updated plan sets
Fixed Fee:
• $6,000
Exhibit A-2
Page | 1

STAFF REPORT
D
ATE: MARCH 7, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 11.G
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 2024 -001 (PUBLIC SAFETY, 11295 INLAND AVE) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -001 (PUBLIC SAFETY, 11295 INLAND AVE); GENERALY LOCATED AT THE WEST END OF

INLAND AVENUE

RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-12, 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 2024 -001 (PUBLIC SAFETY, 11295 INLAND

AVE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -001 (PUBLIC SAFETY, 11295 INLAND AVE)

BACKGROUND
The California State Legislature enacted the Mello-Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The legal property owner, An Bang Luo (Brothers LLC), requested that the City assist them in forming a district for the City to mitigate public safety impacts created by the new development within the 11295 Inland Ave project area.

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

RETURN TO AGENDA
Page | 2

proposed to be included within the district. The City has received the signed petition from the landowners.

The City of Jurupa Valley Community Facilities District No . PS 2024-001 (Public Safety, 11295 Inland Ave) (the “CFD”) boundary includes the area within a project area known as 11295 Inland Ave (Assessor Parcel Number 156-310-072). The subdivision proposes a 24,300 square foot freestanding industrial speculative building subject to the special tax. The CFD is comprised of approximately 1.12 taxable acres.

The CFD will set up a special tax to gener ally cover costs associated with providing law enforcement protection services, including but not limited to:
• The costs of contracting services.
• Equipment, vehicles and 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. • 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 to form the proposed CFD 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 formation of the proposed CFD to the landowners at special election to be conducted by mailed ballot.

The base year special tax was set in the following amount:

SPECIAL
TAX
Single Family Residential (Dwelling Unit) $220.00
Multifamily Residential (Dwelling Unit) $180.00
Commercial Retail Property (Building Square Feet) $0.126 Commercial Other Property (Building Square Feet) $0.094 Business Park Property (Building Square Feet) $0.084
Industrial Property (Building Square Feet) $0.044
Page | 3

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.

OTHER INFORMATION
A public hearing on this matter will take place on April 18, 2024 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. At base year the estimated maximum an nual assessment for CFDPS 2024-001 is expected to be $1,069.20, as summarized below:

APN Description Tax per Taxable
Unit
Square
Footage
FY24-25
Assessment
156-310-072 Industrial $ 0.044 24,300 $ 1,069.20

The property owners 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 **************************

-1-
RESOLUTION NO. 2024-12

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE

CITY OF JURUPA VALLEY, CALIFORNIA TO ESTABLISH CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024- 001 (PUBLIC SAFETY, 11295 INLAND AVE) AND TO AUTHORIZE THE

LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024 -001 (PUBLIC
SAFETY, 11295 INLAND AVE)

RECITALS:

WHEREAS, this City Council (the "City Council") o f 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 Council to establish a community facilities district and to levy special taxes within that district; and

WHEREAS, in accordance with the request set forth 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 placed 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 2024-001 (Public Safety, 11295 Inland Ave)" (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 of Community Facilities District No. PS 2024 -001 (Public Safety, 11295 Inland Ave)" (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 -2-
Map so endorsed in the 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.

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 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 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 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 Sp ecial 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," a ttached 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 furnis hing of Services within the District, and the proposed Rate and Method (the "Hearing") shall be held on April 18 th, 202 4, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Jurupa Valley, 8930 Limonite, J urupa Valley, California 92509. 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 pro posed 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 perform the study and prepare the report.
-3-

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 th e 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 otherwise 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 s ubdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the 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).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 7th day of March, 2024.

-4-
______________________________
Guillermo Silva
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. 202 4-12 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 7th day of March, 2024 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 7th day of March, 2024.

________________________________
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 and 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;  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

Incidental Expenses for the Special Tax shall be the following:

The cost of the Incidental Expenses shall be 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 purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any 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 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 2024-001 (PUBLIC SAFETY, 11295

INLAND AVE) OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

A Special Tax (al l 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. PS 2024-001 (Public Safety, 11295 Inland Ave ). The amount of Special Tax to be levied on a Parcel i n each Fisca l 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 Section s B., C., and D., be low. 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 fort h on such map or pla n. 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 o r reasonably estimated 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, whi ch 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 t he City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to co mpletion any foreclo sure as a result of delinquent Special Taxes.

“Administrator” means an offici al of th e Cit y, 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 1st 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 o r 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 ma p of the CFD which i ndicates 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 p urposes of this definition, "Buildin g Permit" shall not in clude any subsequent Building Permits issued or changed after the first issuance.

“Business Park Property” means Business Park land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“CFD” means Community Facilities District No. PS 2024-001 (Public Safety, 11295 Inland Ave) of the City of Jurupa Valley.

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

“Commercial Other Property” means all Commercial land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended , other than C ommercial Retail Property.

“Commercial Retail Property ” means Commercial Retail land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

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

Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Be rnardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fisca l Y ear. In the event this ind ex 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 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 1st 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 a n 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 con dominium 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 1 2 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 o rder 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 any environmental evaluations.

“Industrial Property” means Industrial land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“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 Multifamily Residential land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, and consisting 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.

“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 1st 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 offe red 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) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of th e actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Pr operty, (iii) Non-Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Non-Residential Property and (iv) 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 pub lic agency, provided, however, that any pr operty 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 impractical its utilizat ion for other than the purpose set forth in the easement.

“Residential Property” means all Parcels of Taxable Property as defined in the City of Jurupa Valley General Plan, 2017 or as amended with one or more residential Dwelling Units.

“Single Family Residential Property” means all Single Family land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, including condominiums, and excluding Multifamily Residential Property.

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

“Special Tax Req uirement” means for each Fisca l 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 res erve fund established in connection with the CF D, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the curre nt or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.

“Special Tax Services” means t he c ost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplie s, (i ii) the sala ries and benefits of City staf f that directly pr ovide law enforcement services, ( iv) City overhead costs associated with provid ing such services within the Distri ct, (v) all othe r services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenan ce and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.

“State” means the State of California.

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

“Taxable Unit ” means either a Dwelling Un it, Building Square Feet or an Acre, as shown in Table 1 or Table 2.

“Undeveloped Property ” means all Parcels of Taxable P roperty not classi fied as Developed Prop erty, 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 c lassified as eithe r D eveloped Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Sp ecial Taxe s in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Pa rcels of Residential Property shall furthe r 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 Parc el 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 Dwelling
Unit $ 220.00
2 Multifamily Residential Property Dwelling
Unit $ 180.00
3 Commercial Retail Property
Building
Square
Feet
$ 0.126

4 Commercial Other Property
Building
Square
Feet
$ 0.094
5 Business Park Property
Building
Square
Feet
$ 0.084
6 Industrial Property
Building
Square
Feet
$ 0.044

(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 th e Consumer Price Index w ith 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 D eveloped Property ma y 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 t o the site p lan 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
7 Residential Property Dwelling
Unit $ 100.00

8 Commercial Retail Property
Building
Square
Feet
$ 0.063
9 Commercial Other Property
Building
Square
Feet
$ 0.047
10 Business Park Property
Building
Square
Feet
$ 0.042
11 Industrial Property
Building
Square
Feet
$ 0.022

(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, 20 25, based on the percentage increase in the Consumer Price Index w ith 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 equal s the Special Tax Requir ement in ac cordance with the following steps:

First: The S pecial Tax shall be levied Proportionat ely on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum 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 forgo ing 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 become Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified a s Taxable Property and will c ontinue to be subject to Special Taxes accordingly.

F. MANNER OF COLLECTION

The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject t o the same p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different mann er if necessary to meet the fi nancial 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 wr itten appeal of the Special Ta x on his/her Parcel(s) with th e Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f 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 Spec ial Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Admin istrator deems nece ssary, and advise the appellant of i ts determination. If the Administrator agrees with the appe llant, the Administrator shall grant a credit to eliminate or reduce future Spe cial 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.

PROPOSED BOUNDARY OF

CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001
(PUBLIC SAFETY, 11295 INLAND AVE)

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
N
No Scale
600 B St #2000, San Diego, CA 92101 ◼ p: 619.236.1778 ext. 1261 ◼ www.WeAreHarris.com

CLERK'S MAP STATEMENT

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
JURUPA VALLEY THIS DAY OF , 2024.

CITY CLERK OF THE CITY OF JURUPA VALLEY

CLERK'S MAP STATEMENT

I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP

OF THE PROPOSED BOUNDARY OF COMMUNITY
FACILITIES DISTRICT NO. PS 2024-001 (PUBLIC SAFETY,
11295 INLAND AVE), CITY OF JURUPA VALLEY, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AT A

REGULARLY SCHEDULED MEETING THEREOF, HELD ON
THE DAY OF , 2024
BY ITS RESOLUTION NO. .

CITY CLERK OF THE CITY OF JURUPA VALLEY

COUNTY RECORDER'S FILING STATEMENT
FILED THIS DAY OF , 2024
AT THE HOUR OF O'CLOCK .M. IN BOOK

OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF

THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.

PETER ALDANA

COUNTY RECORDER OF THE COUNTY OF RIVERSIDE
BY:

DEPUTY
FILE: THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS.

Special Tax Boundary
Parcel Boundary
Legend

VENTURE DRIVE
156-310-072

ASSESSOR PARCEL NUMBER LOCATED

WITHIN PROPOSED BOUNDARIES OF
CFD PS 2024-001 (PUBLIC SAFETY ,
11295 INLAND AVE) AS OF
FISCAL YEAR 2023-24
156-310-072

VENTURE DR

MANITOU CT

HOPKINS ST

ETIWANDA AVE

PROGRESS CIR

INLAND AVE

DE FOREST CIR

DULLES DRIVE

S WINEVILLE AVE

SPACE CENTER CT

IBERIA ST

UNIVERSE DR
Site

VICINITY MAP

NOT TO SCALE

Page | 1

STAFF REPORT
D
ATE: MARCH 7, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 11.H
A

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT N O. PS 2024 -002 (PUBLIC

SAFETY, RUBIDOUX COMMERCIAL) AND TO AUTHORIZE THE LEVY

OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-002 (PUBLIC SAFETY, RUBIDOUX COMMERCIAL); GENERALLY LOCATED NORTH EAST OF 20 TH ST

AND NORTH-WEST OF CATERPILLAR COURT

RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-13, 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 2024 -002 (PUBLIC SAFETY, RUBIDOUX

COMMERCIAL) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024- 002 (PUBLIC SAFETY, RUBIDOUX COMMERCIAL)

BACKGROUND
The California State Legislature enacted the Mello-Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The legal property owner, SIF II Caterpillar Industrial Park, LLC, requested that the City assist them in forming a district for the City to mitigate public safety impacts created by the new development within the Rubidoux Commercial project area.

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

RETURN TO AGENDA
Page | 2

proposed to be included within the district. The City has received the signed petition from the landowners.

The City of Jurupa Valley Community Facilities District No. PS 2024 -002 (Public Safety, Rubidoux Commercial) (the “CFD”) boundary includes the area within a project area known as Rubidoux Commercial. The project proposes 9 speculative industrial buildings totaling 257,579 square feet subject to the special tax . The CFD is comprised of approximately 11.23 taxable acres.

The CFD will set up a special tax to generally cover costs associated with providing law enforcement protection services, including but not limited to:
• The costs of contracting services.
• Equipment, vehicles and 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. • 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 to form the proposed CFD No. PS 2024- 002 (Public Safety, Rubidoux Commercial) 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 ini tial 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 to the landowners at special election to be conducted by mailed ballot.

The base year special tax was set in the following amount:

SPECIAL
TAX
Single Family Residential (Dwelling Unit) $220.00
Multifamily Residential (Dwelling Unit) $180.00
Commercial Retail Property (Building Square Feet) $0.126 Commercial Other Property (Building Square Feet) $0.094 Business Park Property (Building Square Feet) $0.084
Industrial Property (Building Square Feet) $0.044
Page | 3

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.

OTHER INFORMATION
A public hearing on this matter will take place on April 18, 2024 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. At base year the estimated maximum annual assessment f or CFDPS 2024-002 is expected to be $13,503.07. The assessment is based on the building type and square footage as approved and multiplied by the special rates as listed above.

The property owners 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 thr ough the special taxes charged to property owners.

The revenue and expense will be part of the City's FY 2024-2025 adopted budget and there are no additional fiscal impacts.

ALTERNATIVES

1. Take no action.

2. Provide staff with further direction.

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

-1-
RESOLUTION NO. 2024-13

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE

CITY OF JURUPA VALLEY, CALIFORNIA TO ESTABLISH CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024- 002 (PUBLIC SAFETY, RUBIDOUX COMMERCIAL ) AND TO

AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF
JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 - 002 (PUBLIC SAFETY, RUBIDOUX COMMERCIAL)

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 Council to establish a community facilities district and to levy special taxes within that district; and

WHEREAS, in accordance with the request set forth 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 placed 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 202 4-002 (Public Safety, Rubidoux Commercial)" (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 of Community Facilities District No. PS 2024-002 (Public Safety, Rubidoux Commercial)" (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 -2-
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.

4. Services. The type of services proposed to be provid ed 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 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 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 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 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 on April 18th, 2024, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Jurupa Valley, 8930 Limonite, Jurupa Valley, California 92509.

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 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 -3-
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 electio n may be distributed by mail with return postage prepaid or by personal service.

12. Exemptions from Special Tax. Except as may otherwise 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 Services. In addition, reference is hereby made to Exhibit "C" f or 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 7th day of March, 2024.

Guillermo Silva
Mayor

-4-
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. 2024-13 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 7th day of March, 2024 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 7th day of March, 2024.

Victoria Wasko, CMC
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 and 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;  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.
 Incidental Expenses

B-1
EXHIBIT “B”

INCIDENTAL EXPENSES

Incidental Expenses for the Special Tax shall be the following:

The cost of the Incidental Expenses shall be 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 purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the District: enginee ring 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 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 2024-002 (PUBLIC SAFETY,

RUBIDOUX COMMERCIAL) OF THE CITY OF JURUPA VALLEY, COUNTY OF

RIVERSIDE

STATE OF CALIFORNIA

A Special Tax (al l 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. PS 2024-002 (Public Safety, Rubidoux Commercial).

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 Section s B., C., and D., be low. 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 fort h on such map or pla n. 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 o r reasonably estimated 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, whi ch 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 t he City or designee thereof, or both, directly related to the CFD. Administrative Expenses shall al so include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to co mpletion any foreclo sure as a result of delinquent Special Taxes.

“Administrator” means an offici al of th e Cit y, 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 1st 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 o r 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 ma p of the CFD which i ndicates 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 p urposes of this definition, "Buildin g Permit" shall not in clude any subsequent Building Permits issued or changed after the first issuance.

“Business Park Property” means Business Park land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“CFD” means Community Facilities District No. PS 2024-002 (Public Safety, Rubidoux Commercial) of the City of Jurupa Valley.

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

“Commercial Other Property” means all Commercial land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended , other than C ommercial Retail Property.

“Commercial Retail Property ” means Commercial Retail land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

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

Bureau of Labor Statistic for “All Urban Consumers in the Riverside-San Be rnardino- Ontario Area, measured as of the month of April in the Calendar Year which ends in the previous Fisca l Y ear. In the event this ind ex 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 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 1st 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 a n 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 con dominium 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 1 2 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 o rder 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 any environmental evaluations.

“Industrial Property” means Industrial land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“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 Multifamily Residential land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, and consisting 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.

“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 1st 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 offe red 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) Single Family Property, that the rati o of t he actual Special Tax levy to Maximum Special Ta x is the same for all Parcels of Single Family Property, (ii) Multifamily Residential Property, that the ratio of th e actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Multifamily Residential Pr operty, (iii) Non-Residential Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Non-Residential Property and (iv) 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 pub lic agency, provided, however, that any pr operty 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 impractical its utilizat ion for other than the purpose set forth in the easement.

“Residential Property” means all Parcels of Taxable Property as defined in the City of Jurupa Valley General Plan, 2017 or as amended with one or more residential Dwelling Units.

“Single Family Residential Property” means all Single Family land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, including condominiums, and excluding Multifamily Residential Property.

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

“Special Tax Req uirement” means for each Fisca l 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 res erve fund established in connection with the CF D, (iii) pay Admin istrative Expenses; (iv) pay for the actual or anticipated shortfall due to Special Tax delinquencies in the curre nt or prior Fiscal Year; and (v) less a credit for funds available to reduce the annual Specia l Tax levy as determined by the Administrator.

“Special Tax Services” means t he c ost associat ed with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplie s, (i ii) the sala ries and benefits of City staf f that directly pr ovide law enforcement services, ( iv) City overhead costs associated with provid ing such services within the Distri ct, (v) all othe r services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement and maintenan ce and for a nticipated operating cost shortfa lls, and (vi ) Incidental Expenses.

“State” means the State of California.

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

“Taxable Unit ” means either a Dwelling Un it, Building Square Feet or an Acre, as shown in Table 1 or Table 2.

“Undeveloped Property ” means all Parcels of Taxable P roperty not classi fied as Developed Prop erty, 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 c lassified as eithe r D eveloped Property, Approved Property, Undeveloped Property, Public Property or Property Owner’s Association Property, and subject to the levy of Sp ecial Taxe s in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Pa rcels of Residential Property shall furthe r 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 Parc el 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 Dwelling
Unit $ 220.00
2 Multifamily Residential Property Dwelling
Unit $ 180.00
3 Commercial Retail Property
Building
Square
Feet
$ 0.126

4 Commercial Other Property
Building
Square
Feet
$ 0.094
5 Business Park Property
Building
Square
Feet
$ 0.084
6 Industrial Property
Building
Square
Feet
$ 0.044

(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 th e Consumer Price Index w ith 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 D eveloped Property ma y 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 t o the site p lan 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
7 Residential Property Dwelling
Unit $ 100.00

8 Commercial Retail Property
Building
Square
Feet
$ 0.063
9 Commercial Other Property
Building
Square
Feet
$ 0.047
10 Business Park Property
Building
Square
Feet
$ 0.042
11 Industrial Property
Building
Square
Feet
$ 0.022

(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, 20 25, based on the percentage increase in the Consumer Price Index w ith 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 equal s the Special Tax Requir ement in ac cordance with the following steps:

First: The S pecial Tax shall be levied Proportionat ely on each Parcel of Developed Property a t up to 100% of the applicable Ma ximum 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 forgo ing 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 become Public Property and/or Property Owner’s Association Property. Parcels which cannot be classified as Exempt will continue to be classified a s Taxable Property and will c ontinue to be subject to Special Taxes accordingly.

F. MANNER OF COLLECTION

The Special Tax shall be collecte d in the same manner and at the same time as ordinary ad valorem property taxes and shall be su bject t o the same p enalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill t he Special Tax, may collect Special Taxes at a different time or in a different mann er if necessary to meet the fi nancial 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 wr itten appeal of the Special Ta x on his/her Parcel(s) with th e Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency o f 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 Spec ial Tax is in error. The Administrator shall review the appeal, meet wi th the appellant if the Admin istrator deems nece ssary, and advise the appellant of i ts determination. If the Administrator agrees with the appe llant, the Administrator shall grant a credit to eliminate or reduce future Spe cial 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.

PROPOSED BOUNDARY OFCITY OF JURUPA VALLEYCOMMUNITY FACILITIES DISTRICT NO. PS 2024-002(PUBLIC SAFETY, RUBIDOUX COMMERCIAL)COUNTY OF RIVERSIDE, STATE OF CALIFORNIA NNo Scale
600 B St #2000, San Diego, CA 92101 p: 619.236.1778 ext. 1261 www.WeAreHarris.com CLERK'S MAP STATEMENTFILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF JURUPA VALLEY THIS DAY OF , 2024.CITY CLERK OF THE CITY OF JURUPA VALLEYCLERK'S MAP STATEMENTI HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. PS 2024-002 (PUBLIC SAFETY, RUBIDOUX COMMERCIAL), CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE DAY OF , 2024 BY ITS RESOLUTION NO. .CITY CLERK OF THE CITY OF JURUPA VALLEYCOUNTY RECORDER'S FILING STATEMENTFILED THIS DAY OF , 2024 AT THE HOUR OF O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.PETER ALDANACOUNTY RECORDER OF THE COUNTY OF RIVERSIDEBY: DEPUTYFILE:THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS.

Special Tax BoundaryParcel BoundaryLegendASSESSOR PARCEL NUMBER LOCATED WITHIN PROPOSED BOUNDARIES OF CFD PS 2024-002 (PUBLIC SAFETY , RUBIDOUX COMMERCIAL) AS OFFISCAL YEAR 2023-24(1) 175-160-044 SiteVICINITY MAPNOT TO SCALE
(7) 175-160-058(2) 175-160-046(8) 175-160-060(3) 175-160-047(9) 175-160-061(4) 175-160-052(5) 175-160-053(6) 175-160-056 Page | 1
S

TAFF REPORT
DATE: MARCH 7, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 11.I

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY TO ESTABLISH CITY OF J URUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO . PS 2024- 006 (PUBLIC SAFETY, PM 37679) AND TO AUTHORIZE THE LEVY OF A SPECIAL

TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO . PS 2024- 006 ( PUBLIC SAFETY, PM 37679) ;

GENERALLY LOCATED AT THE NORTHWEST CORNER OF CANTU

GALLEANO RANCH ROAD AND PIER ENTERPRISES WAY
RE

COMMENDATION
1) T
hat the City Council adopt Resolution No. 2024-14, 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 2024-006 (PUBLIC SAFETY, PM 37679) AND

TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO . PS 2024-006 ( PUBLIC SAFETY, PM 37679)
B

ACKGROUND
T
he California State Legislature enacted the Mello-Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, Westates Holdings, LLC, 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 area shown on the attached boundary map.

RETURN TO AGENDA
Page | 2

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 petition from the landowners.

The CFD boundary includes the area within a proposed subdivision known as Parcel Map No. 37679, PM 37679. The zone would include 1 commercial retail assessable parcel, 1 light industrial assessable parcel, and zero non-assessable parcels. As of the day of this report, the CFD is comprised of approximately 133,415 square feet of taxable area.

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 2024-006 (PUBLIC SAFETY, PM 37679) 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 proposed CFD No. PS 2024-006 to the landowners at a special election to be conducted by mailed ballot.

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

SPECIAL
TAX
Single-Family Residential (Dwelling Unit) $220.00
Multifamily Residential (Dwelling Unit) $180.00
Commercial Retail Property (Building Square Feet) $0.126 Commercial Other Property (Building Square Feet) $0.094 Business Park Property (Building Square Feet) $0.084
Page | 3

Industrial Property (Building Square Feet) $0.044

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.

OTHER INFORMATION

A public hearing on this matter will take place on April 18, 2024 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. At base year the estimated maximum annual assessm ent for CFDPS 2024-006 is expected to be $6,758.30, as summarized below:

APN Description Tax per Taxable
Unit
Square
Footage
FY24-25
Assessment
160-040-053 Industrial $ 0.044 122,585 $ 5,393.70

160-040-052 Commercial Retail $ 0.126 10,830 $1,364.60

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**************************

-1-

RESOLUTION NO. 2024-14

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 2024-006 (PUBLIC
SAFETY, PM 37679) AND TO AUTHORIZE THE LEVY OF A SPECIAL

TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT No. PS 2024-006 (PUBLIC SAFETY, PM 37679)
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 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 placed 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 2024-006, (PUBLIC SAFETY, PM 37679)" (the "District").

3. Boundaries of District. The exterior boundaries of the District are shown on the map now on file i n the office of the City Clerk entitled “Boundary Map - Community Facilities District No . PS 2024-006 (PUBLIC SAFETY, PM 37679 )” (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 off ice 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 this Map shall be filed no later t han fifteen days before the public hearing specified in Section 6 below.
-2-

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 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 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 con tinuing 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 s hall 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 Dis trict, and the proposed Rate and Method (the "Hearing") shall be held on April 18 2024, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Jurupa Valley, 8930 Limonite, Jurupa Valley, California 92509. 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 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 -3-

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 wor k-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 accord ance 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 otherwise 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 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) PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 7th day of March, 2024.

Guillermo Silva
Mayor

-4-

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. 2024-14 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 7th day of March, 2024 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 7th day of March, 2024.

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 (i) the costs of contracting services, (ii) equipment, vehicles, supplies, (iii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, and (v) 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 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 any 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, governmenta l 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 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 2024-006 (PUBLIC SAFETY, PM 37679) 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. PS 2024-006 (Public Safety, PM 37679). 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 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 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 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 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 applicable assessment roll.

“Base Year” means the Fiscal Year ending June 30, 2024.

“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 is sued or changed after the first issuance.

“Business Park Property” means Business Park land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

“CFD” means Community Facilities District No. PS 2024-006 (Public Safety, PM 37679) of the City of Jurupa Valley.

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

“Commercial Other Property” means all Commercial land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, other than Commercial Retail Property.

“Commercial Retail Property” means Commercial Retail land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended. Taxation includes square footage of any canopy type construction.

“Consumer Price Index ” means the Consum er 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 for the Riverside -San Bernardino- Ontario Area.

“Council” means the City Council of the C ity 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 F iscal 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 r esidential 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 su bdivision of property by recordation of a n 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.

“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 purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of any environmental evaluations.

“Industrial Property” means Industrial land use as defined in the City of Jurupa Valley General Plan, 2017 or as amended.

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

“Maximum Special 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 Multifamily Residential land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, and consisting 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 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) Industrial Property, that the ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels of Industrial Property, (ii) Commercial Retail Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Commercial Retail Property, (iii) Single Family Residential Property , that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Single Family Residential Property, (iv) 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 Pr operty; (v) Commercial Other Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Commercial Other Property ; (vi) Business Park Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Business Park Property; (vii) 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 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 according 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 Taxable Property as defined in the City of Jurupa Valley General Plan, 2017 or as amended with one or more residential Dwelling Units.

“Single Family Residential Property” means all Single Family land uses as defined in the City of Jurupa Valley General Plan, 2017 or as amended, including condominiums , and excluding 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 Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Services for such Fiscal Year as determined by the City; (ii) pay amount required to establish or replenish any reserve fund established in connection with the CFD , (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 l evy as determined by the Administrator.

“Special Tax Services” means the cost associated with providing law enforcement services, including but not limited to (i) the cost s of contracting services, (ii) equipment, vehicles, supplies, (i ii) the salaries and benefits of City staff that directly provide law enforcement services, (iv) City overhead costs associated with providing such services within the District, (v ) 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, 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 which are not exempt from the Special Tax pursuant to Section E., below.

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

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

B. ASSIGNMENT TO LAND USE CLASS

Each Fiscal Year, commencing with Fiscal Year 202 4-2025, all Parcels of Taxable Property shall be classified as either Developed 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 Developed Property shall further be classified as Commercial Retail Property, Industrial Property, Single Family Residential Property, Multifamily Residential Property, Commercial Other Property, and Business Park Property . Approved Property refers to all other properties within the CFD boundaries that are neither Developed Property nor Public 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
Dwelling
Unit $ 220.00
2 Multifamily Residential Property
Dwelling
Unit $ 180.00
3 Commercial Retail Property
Building
Square Feet $ 0.126
4 Commercial Other Property
Building
Square Feet $ 0.094
5 Business Park Property
Building
Square Feet $ 0.084
6 Industrial Property
Building
Square Feet $ 0.044

(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, 202 5, 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 instanc es, 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 site plan approved for such Parcel. The A dministrator’s allocation to each Land Use Class shall be final.

2. Approved Property

The Maximum Special Tax that may be levied and escalated, as explained further in Section C. 2. (a) below, in any Fiscal Year for each Parcel 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
7 Residential Property
Dwelling
Unit $ 100.00
8 Commercial Retail Property
Building
Square Feet $ 0.063
9 Commercial Other Property
Building
Square Feet $ 0.047
10 Business Park Property
Building
Square Feet $ 0.042
11 Industrial Property
Building
Square Feet $ 0.022

(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 ( 3%) 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 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; 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 levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. Notwithstanding the forgoing sentence, no Special Tax shall 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 continue to be subject to Special Taxes accordingly.

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. Th e 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 MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PM37679)

CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFONRIA PORTION OF SECTION 18, T.2S, R.6W
160-040-053
160-040-052

VICINITY MAP

LIST OF ASSESSOR PARCEL NUMBERS

LOCATED WITHIN BOUNDARIES OF CFD
NO. PS 2024-006 AS OF FISCAL YEAR 2024-2025

CANTU GALLEANO RANCH ROAD
I-215CFD BOUNDARY

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS _________ DAY OF _______________________ 2024.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. PS 2024-006 ( ) OF THE C ITY OF JURUPA VALLEY, RIVESIDE COUNTY, STATE

OF CALIFORNIA, WAS APPROVED BY THE CITY OF JURUPA V ALLEY AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 202 4, BY ITS RESOLUTION NO. ___________.

RECORDED THIS ___ DAY OF ___________ 2024 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 2024-2025 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
¬

NOT TO SCALE
PREPARED BY:
1260 Corona Pointe Court Suite 305
Corona, CA 92879-2013
855.900.4742
163-040-053
163-040-052

PROJECT LOCATION

PIER ENTERPRISES WAY (PRIVATE ROAD)

CITY OF

EASTVALE
(PUBLIC SAFETY, PM 37679)

CANTU GALLEANO RANCH ROAD
163-040-053
163-040-052

BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. PS 2024-001 (PUBLIC SAFETY, PM 37679) 006

PIER ENTERPRISES WAY (PRIVATE ROAD)
P age | 1

STAFF REPORT
DATE: MARCH 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER

SUBJECT: AGENDA ITEM NO. 11.J

APPROVAL OF AGREEMENT BETWEEN WESTATES HOLDINGS, LLC

AND THE CITY OF JURUPA VALLEY FOR MAINTENANCE OF CITY
PARKWAYS FOR THE CANTU GAS PM 37679 PROJECT LOCATED AT

THE NORTHWEST CORNER OF CANTU GALLEANO RANCH ROAD AND

PIER ENTERPRISES WAY INTERSECTION

RECOMMENDATION

1. That the City Council approve the agreement between Westates Holdings, LLC and the City of Jurupa Valley for maintenance of parkways; and

2. Authorize the City Manager to execute the agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
Westates Holdings, L.L.C is the owner of the project known as Cantu Gas PM 37679 and property located at the northwest corner of Cantu Galleano Ranch Road and Pier Enterprises Way intersection. The owner was granted a Site Development Permit (SDP19029) to construct a carwash and drive-thru restaurant.

As part of the development approval, the owner is required to improve the City parkway area in front of their property along Cantu Galleano Ranch Road and enter into an agreement for the maintenance of the landscape and irrigation improvements. The owner is also responsible for the costs associated with such improvements.

AN
ALYSIS
In compliance with the conditions of approval, the owner has submitted to the City landscape improvement plans for the review and approval of the City Engineer and is now processing the maintenance agreement to fulfill their responsibilities.

RETURN TO AGENDA

Page | 2

The owner is separately and concurrently processing the annexation of his property (territory) into JV L&LMD Volume 1 as Zone AA. The annexation would provide the City a means to assess the property a special tax to be used for the maintenance and operation of the landscape and lighting improvements required for this project. The agreement outlines the owner’s responsibilities and the City’s expectations for the maintenance of the public improvements, and a dormancy clause for Zone AA. Zone AA would be approved but shall not be levied in any year, unless and until the City identifies that the improvements have not been maintained by the owner per the agreement.

Furthermore, the applicant is processing an annexation to JV L&LMD Volume 2 as Zone 2-H for the operation and related cost of the streetlights; the special tax associated with Zone 2-H will be assessed by the City.

The Owner is responsible for the improvement of the parkways pursuant to this Agreement and the conditions of approval of the Land Use Entitlements. The Owner will be responsible for maintenance of the landscaping, the irrigation system, and any related costs. It is noted there is no lender for the development under SDP19029, therefore the attached exhibits B & C in the maintenance agreement are left blank.

OTHER INFORMATION
The City Attorney has approved the Agreement as to form.

Previous Actions:
• On December 21st, 2024 the City initiated proceedings for the annexation of Zone AA into Jurupa Valley L&LMD 89-1-C.
• On March 7th, 2024 the City initiated proceedings for the annexation of Zone 2-H into Jurupa Valley L&LMD 89-1-C Volume 2.

FINANCIAL IMPACT

There is no impact to the General Fund with approval of this agreement.

ALTERNATIVES

1. Do not approve Agreement as recommended.

2. Provide alternate direction to staff.

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

Page | 1
120
S

TAFF REPORT
DATE: MARCH 7, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: MICHAEL PEREZ, MANAGEMENT AIDE
S
UBJECT: AGENDA ITEM NO. 11.K
P

URCHASE OF ONE FORD ELECTRIC UTILITY VEHICLE
RE

COMMENDATION

1. T
hat the City Council approve the purchase of one 2023 Ford Mustang Mach-E in the amount of $46,784.38 , utilizing funding from the Retail Theft Prevention Program; and

2. T
hat the City Council authorize the Interim Finance Director to make any necessary budget adjustments.

B

ACKGROUND
T
he State Budget Act of 2022 established the Organized Retail Theft Prevention Grant Program. This state program made funding available for governmental agencies to implement programs intended to prevent and respond to organized retail, motor vehicle, and cargo theft.

I
n September 2023, the City was informed that its application for $2,219,710 in funding for a proposed Retail Theft Prevention (RTP) Program was approved by the State. The City’s grant award included funding for a new all-electric vehicle to be used by the City’s RTP Manager, who is a full-time City employee, and other City staff supporting the RTP Program. The RTP Program is in the early implementation phase, which involves coordination with the Riverside County Sheriff’s Department.

AN
ALYSIS
O
n February 9, 2024, the City sent Requests for Proposals (RFPs) to three dealerships for an all-electric utility vehicle. A total of three bids were received, as summarized below.

RETURN TO AGENDA
Page | 2

• Citrus Ford $46,784.38
• Sunrise Ford $46,936.95
• Fritts Ford $49,686.71

Citrus Ford, located in Ontario, California, was the lowest responsive and responsible bidder for the vehicle. Their bid of $46,784.38 (see attached bid) includes all taxes, fees, and delivery charges. The vehicle will be available/delivered once the final transaction is complete.

FINANCIAL IMPACT

The purchase of the 2023 Ford Mustang Mach-E, in the amount of $46,784.38, is included in the State’s Organized Retail Theft Prevention Program Grant.

ALTERNATIVES

1. Recommended Action: That the City Council approve the purchase of one 2023 Ford Mustang Mach- E in the amount of $46,784.38 for the City’s State- funded Retail Theft Prevention Program.

2. Decline to approve the proposed vehicle purchase.

3. Defer action and request additional information.

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

CITY OF JURUPA VALLEY
2023 FORD MUSTANG MACH-E SELECT
VIN: 3FMTK1R41PMA90703
STOCK #: 23C904
2/9/2024 11:41 AM
This presentation is designed to provide an example of various finance options that may be available. Incentive programs, Rebates, Rates, Terms and Payments are estimates, subject to change and are impacted by individual credit history and subject to credit approval and program verification. Specific details will be provided when an alternative or alternatives are selected.

Finance Alternatives
Market Value 45,295.00
Discount Savings -2,000.00
Document Prep Fee 85.00
Tire/Battery Fee 8.75
Other Fee 33.00
Sales Tax 3,362.63
Total 46,784.38
Due On Delivery 0.00
Month Payment 46,784.381
Amount Financed 46,784.38

Model Number: K1R
Tax: 7.75 %CA 7.75% TAX

Taxes And Fees 3,489.38

APR (45 days to 1st pymt) 0.00 %

Vehicle Price 43,295.00
Deal Structure
On Approved Credit. Payments are an estimate and may vary among lending institutions. The final terms of your loan or lease may differ depending on credit history and the actual terms of the financial institutions acceptance. Tax rules and amounts may vary based upon State or Locality. Vehicle Price is before Taxes and/or applicable fees. Tax Profile: CA  7.75% Tax X
Customer Signature Date
© Copyright 2023 Guest Concepts, Inc. – All Rights Reserved

Page | 1
120

STAFF REPORT
D
ATE: MARCH 7, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
S
UBJECT: AGENDA ITEM NO. 13.A
P

UBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND
CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL CODE TO

CORRECT THE ALLOWED LAND USES FOR THE BUSINESS PARK
(B-P) ZONE AND MAKING A FINDING OF EXEMPTION UNDER CEQA

RECOMMENDATION

1. That the City Council conduct a public hearing, receive testimony, and conduct a first reading and introduce Ordinance No. 2024-07, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 9.112 OF THE JURUPA VALLEY MUNICIPAL CODE

AMENDING THE USES ALLOWED IN THE BUSINESS PARK ZONE AND

FINDING THE ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES

BACKGROUND
On December 2, 2021, the City Council adopted a Truck Intensive Use Urgency Ordinance to reduce truck impacts on the City and initiated a Zoning Code Amendment to the Business Park (B -P) Zone to make it more consistent with the General Plan and the goals of the Truck Intensive Use Ordinance.

At the May 25, 2022 Planning Commission hearing, the Planning Commission reviewed the recommended B -P zone code amendment to update the allowed land uses and development standards. Afterwards, the Planning Commission made a recommendation to approve the code amendment to the City Council.

On June 16, 2022, the City Council considered and approved the amendment to the B-P zone and introduced Ordinance 2022- 10. Then, on July 7, 2022, the City Council conducted the second reading of Ordinance No. 2022-10, and it took effect on August 7, 2022.

RETURN TO AGENDA
Page | 2

On December 15, 2022, the City Council adopted Ordinance No. 2022-24, amending the municipal code regarding automobile fueling station uses. This “ Automobile Fueling Station” Ordinance addressed various issues with gas stations in the C ity, such as their proliferation, impact on sensitive areas, and lack of regulatory standards. The Automobile Fueling Station Ordinance added a new requirement for a Conditional Use Permit (CUP) for automobile fueling stations (instead of a Site Development Permit) and new terms and development standards. However, due to an oversight, the Automobile Fueling Station Ordinance did not include Ordinance No. 2022- 10 amendments to the B -P zone. Thus, by the adoption of the Automobile Fueling Station Ordinance, the list of permitted uses in the B-P zone reverted back to their previous state.

ANALYSIS
To rectify the unintended changes, the purpose of this amendment is to readopt the list of permitted uses in the Business Park Zone and reflect amendments to the B -P zone from the Automobile Fueling Station Ordinance (requirement of a CUP and changing the term). Attachment 2 provides redline changes to the Business Park Zone that revert the permitted uses back to their original state and includes the requirement for a Conditional Use Permit for automobile fueling stations. The list of permitted uses for the B-P zone are shown below:

Permitted uses with approval of a Site Development Permit

1. Ambulance, taxi, and/or limousine dispatch facility.

2. Antennas and telecommunications facilities.

3. Automobile services-repair and maintenance

4. Bakery - Wholesale

5. Banks, Financial Institutions and ATMs.

6. Childcare Services.

7. Civic Uses – government, public safety, community center, cultural center and similar.

8. Commercial food kitchens, ghost kitchens, catering services, or commissary (without outdoor storage of commercial vehicles including food trucks).

9. Commercial amusement and recreational facilities.

10. Conference, convention, or banquet facilities.

11. Contractor business completely within a building without outdoor storage of equipment or fleet of vehicles.

12. Copying, printing, and publishing services.

13. Equipment sales and rental – excluding heavy vehicles and equipment, including cranes, boom lifts, earthmovers, dozers, loaders, excavators, and similar vehicles and equipment.

14. Health and fitness facilities.

15. Laboratory – medical, analytical, research, testing.

Page | 3

16. Maintenance services for infrastructure improvements including road, sewer, water and similar.

17. Manufacturing light – manufacturing operations with associated activities that take place within a wholly enclosed building. Examples of manufacturing light include home accessories, furniture, cabinetry, sporting equipment, toys, food, clothing and accessories, footwear, handmade Artisan craft, instruments, computers, electronic devices and similar.

18. Media producing – broadcast studios.

19. Medical services clinic, office, outpatient services, and urgent care.

20. Office - administrative, corporate, and professional.

21. Personal care services — nails, skin, hair care services, hair removal services, make-up salons, and similar uses.

22. Repair services—Electronic equipment, large appliances, etc.

23. Research and development, technology center.

24. Restaurants or food establishments excluding drive-thru, alcohol beverage sales, and live entertainment (examples: full -service restaurants, cafeterias, buffets, sandwich, coffee, ice cream and similar establishments).

25. Retail or warehouse stores 45,000 square feet or less gross floor area.

26. Schools- college, universities, vocational, specialized training, instruction, sports and recreation instruction, education support services (tutorial services).

27. Social service organizations.

28. Studio—Art, dance, martial arts, music, photography and similar.

29. Transit stops, stations, terminals.

30. Utilities - gas, electric, sewer and similar.

31. Veterinary clinics, animal hospitals, which may include ancillary indoor boarding.

Permitted Uses with approval of a Conditional Use Permit

1. Alcoholic beverage sales for on- premises consumption with restaurants/food establishments, microbreweries, brew pubs, craft breweries hotels, and conference, convention, and banquet facilities and off -premise sales for microbreweries and general retail uses pursuant to Section 9.240.490.

2. Auto, pickup truck, motorcycle, boat and RV sales, rental and repair. Any repairs and associated activities shall be within a wholly enclosed building.

3. Automobile fueling stations not including the concurrent sale of beer and wine for off-premises consumption, and excluding truck stops/travel centers.

4. Commercial food kitchens, ghost kitchens, catering services, or commissary (with commercial vehicles or food trucks pursuant to Section 6.20.120.

5. Hotel, motel, extended stay hotel.

ATTACHMENT 1
Ordinance, Amending the Business Park Land Use

-1-
12774-0007\2922296v1.doc

ORDINANCE NO. 2024-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, AMENDING
SECTION 9.112.020 OF THE JURUPA VALLEY

MUNICIPAL CODE PERTAINING TO PERMITTED USES

IN THE BUSINESS PARK ZONE , AND MAKING A

FINDING THE ORDINANCE IS EXEMPT FROM CEQA

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

Section 1. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the December 21, 2021 regular City Council meeting, the City Council adopted a Truck Intensive Use Urgency Ordinance to reduce truck impacts on the City. In addition, the City Council initiated a Zoning Code Amendment to the Business Park (B-P) Zone to make it more consistent with the General Plan and the goals of the Truck Intensive Use Ordinance. (b) At the May 25, 2022 Planning Commission hearing, the Planning Commission reviewed the proposed Business Park zone amendment to update the allo wed land uses and development standards and recommended approval to the City Council (“Code Amendments”). On July 7, 2022-10, the City Council adopted Ordinance No. 2022-10, and it took effect on August 7, 2022.
(c) On December 1, 2022, the City Council approved a Gas Station Ordinance, which modified review requirements for gas stations to require a conditional use permit instead of a site development permit. The Business Park Zone, which originally permitted gas stations with a site development permit, was subject to the amendments outlined in the Gas Station Ordinance.

However, due to an oversight, the Gas Station Ordinance inadvertently altered the land use regulations of the pre-existing Business Park zoning, effectively undoing the changes implemented by Ordinance 2022-10. This unintentionally resulted in reverting the Business Park Land Uses back to their previous state, nullifying the amendments made by Ordinance No. 2022-10. (d) On March 8, 2024, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Code Amendment, at which time all persons interested in the Code Amendment had the opportunity and did address the City Council on these matters.

Following the receipt of public testimony the City Council closed the p ublic hearing and duly considered the written and oral testimony received.
(e) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. California Environmental Quality Act Findings . The proposed Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City ’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Code

-2-
12774-0007\2922296v1.doc

Amendment, amending the definition of educational facilities, will have a significant effect on the environment. The proposed Code Amendment amends the Business Park zone to make revisions that were previously made by Ordinance No. 2022 -10 and the environmental impacts were analyzed by Or dinance No. 2022 -10. The City Council has reviewed the administrative record concerning the proposed Code Amendment and the proposed CEQA exemption, and based on its own independent judgment, finds that the Code Amendment set forth in this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City ’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).

Section 3. General Plan Consistency Finding . The City Council hereby finds, as required by the Jurupa Valle y Ordinances and applicable state law, that the proposed Code Amendment should be adopted because the proposed Code Amendment is consistent with the City of Jurupa Valley General Plan. The General Plan Goal for the Business Park (BP) land use designation states that: “The Business Park land use designation allows for employee intensive uses, including research and development, technology centers, corporate and support office uses, “clean” industry, and supporting retail uses. Floor area ratios range from 0. 25 to 0.6. The Code Amendment includes land uses that are employment generators such as research and development, technology centers, corporate offices and “clean” industry.

Section 4. Section 9.112.020 (Permitted Uses) of Chapter 9.112 (B-P Zone (Business Park) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to read as follows:
“Sec. 9.112.020. Uses permitted.

A. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1) Ambulance, taxi, and/or limousine dispatch facility. (2) Antennas and telecommunications facilities.
(3) Automobile services-repair and maintenance
(4) Bakery - Wholesale
(5) Banks, Financial Institutions and ATMs.
(6) Childcare Services.
(7) Civic Uses – government, public safety, community center, cultural center and similar. (8) Commercial food kitchens, ghost kitchens, catering services, or commissary (without outdoor storage of commercial vehicles including food trucks). (9) Commercial amusement and recreational facilities.
(10) Conference, convention, or banquet facilities.
(11) Contractor business completely within a building without outdoor storage of equipment or fleet of vehicles.
(12) Copying, printing, and publishing services.
(13) Equipment sales and rental – excluding heavy vehicles and equipment, including cranes, boom lifts, earthmovers, dozers, loaders, excavators, and similar vehicles and equipment. (14) Health, and fitness facilities.
(15) Laboratory – medical, analytical, research, testing. (16) Maintenance services for infrastructure improvements including road, sewer, water and similar.

-3-
12774-0007\2922296v1.doc

(17) Manufacturing light – manufacturing operations with associated activities that take place within a wholly enclosed building. Examples of manufacturing light include home accessories, furniture, cabinetry, sporting equipment, toys, food, clothing and accessories, footwear, handmade Artisan craft, instruments, computers, electronic devices and similar. (18) Media producing – broadcast studios.
(19) Medical services clinic, office, outpatient services, and urgent care. (20) Office - administrative, corporate, and professional. (21) Personal care services— nails, skin, hair care services, hair removal services, make-up salons, and similar uses.
(22) Repair services—Electronic equipment, large appliances, etc. (23) Research and development, technology center.
(24) Restaurants or food establishments excluding drive-thru, alcohol beverage sales, and live entertainment (examples: full-service restaurants, cafeterias, buffets, sandwich, coffee, ice cream and similar establishments).
(25) Retail or warehouse stores 45,000 square feet or less gross floor area. (26) Schools- college, universities, vocational, specialized training, instruction, sports and recreation instruction, education support services (tutorial services). (27) Social service organizations.
28) Studio—Art, dance, martial arts, music, photography and similar. etc. (29) Transit stops, stations, terminals.
(30) Utilities - gas, electric, sewer and similar.
(31) Veterinary clinics, animal hospitals, which may include ancillary indoor boarding.

B. The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:
(1) Alcoholic beverage sales for on-premises consumption with restaurants/food establishments, microbreweries, brew pubs, craft breweries hotels, and conference, convention, and banquet facilities and off-premise sales for microbreweries and general retail uses pursuant to Section 9.240.490.
(2) Auto, pickup truck, motorcycle, boat and RV sales, rental and repair. Any repairs and associated activities shall be within a wholly enclosed building. (3) Automobile fueling stations not including the concurrent sale of beer and wine for off- premises consumption, and excluding truck stops/travel centers. (4) Commercial food kitchens, ghost kitchens, catering services, or commissary (with commercial vehicles or food trucks pursuant to Section 6.20.120. (5) Hotel, motel, extended stay hotel.
(6) Heliports.
(7) Hospital.
(8) Microbrewery, brew pub, craft brewery, distilleries, or wineries pursuant to Section

9.240.490.
(9) Retail or Warehouse stores—Greater than forty-five thousand (45,000) square feet gross floor area.
(10) Truck service and repair within a wholly enclosed building (utility, small commercial trucks or tractor trailer)

-4-
12774-0007\2922296v1.doc

C. Uses not listed. Any use that is not specifically listed in subsections A. and B. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

D. Legally established uses. It is the intent of the City Council that a legally established pre- existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section 9.240.080 that is not specifically listed in subsections A. and B. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.” Section 5. If any section or provisio n of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof t o be published and posted in the manner required by law
Section 7. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 21st day of March, 2024.

_____________________________
Guillermo Silva
Mayor

-5-
12774-0007\2922296v1.doc

ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2024 -07 was regularly introduced at a regular meeting of the City Council held on the 7th day of March, 2024 and thereafter at a regular meeting held on the 21st day of March, 2024, it was duly passed and adopted by the following vote of the City Council:

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 21st day of March, 2024

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

ATTACHMENT 2
Redline changes to the Business Park zone

Title 9 - PLANNING AND ZONING
CHAPTER 9.112. B-P ZONE (BUSINESS PARK)

Jurupa Valley, California, Municipal Code Created: 2023-12-12 09:28:13 [EST] ( Supp. No. 18)

Page 1 of 5 ends

CHAPTER 9.112. B-P ZONE (BUSINESS PARK)
Sec. 9.112.010. Purpose and application.

The B-P Zone is intended to provide for research and development, light manufacturing, business sales and services and other business-supporting commercial uses. It is not intended to include general warehousing, distribution, shipping, or logistics. The B-P Zone implements and is consistent with the business park land use category of the General Plan.
( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2022-10 , § 4, 7-7-2022) Sec. 9.112.020. Uses permitted.

A. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section 9.240.330:
(1) Ambulance, taxi, and/or limousine dispatch facility. (2) Antennas and telecommunications facilities.
(3) Commercial recreation facility—Indoor.
(4) Conference facilities.
(5) Convenience market.
(3) Automobile services-repair and maintenance
(4) Bakery - Wholesale
(5) Banks, Financial Institutions and ATMs.
(6) Childcare Services.
(7) Civic Uses – government, public safety, community center, cultural center and similar. (8) Commercial food kitchens, ghost kitchens, catering services, or commissary (without outdoor storage of commercial vehicles including food trucks).
(9) Commercial amusement and recreational facilities. (10) Conference, convention, or banquet facilities.
(11) Contractor business completely within a building without outdoor storage of equipment or fleet of vehicles.
(12) Copying, printing, and publishing services.
(613) Equipment sales and rental – excluding heavy vehicles and equipment, including cranes, boom lifts, earthmovers, dozers, loaders, excavators, and similar vehicles and equipment. (7) Fitness/health facility.
(14) Health, and fitness facilities.
(15) Laboratory – medical, analytical, research, testing.

Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

Page 2 of 5 ends

(8)(16) Maintenance services for infrastructure improvements including road, sewer, water and similar. (17) Manufacturing light – manufacturing operations with associated activities that take place within a wholly enclosed building. Examples of manufacturing light include home accessories, furniture, cabinetry, sporting equipment, toys, food, clothing and accessories, footwear, handmade Artisan craft, instruments, computers, electronic devices and similar. (18) Media producing – broadcast studios.
(9)(19) Medical services Cclinic, office, outpatient services, and urgent care. (10)(20) Office-supporting retail- administrative, corporate, and professional. (11) Parking lots and structures.
(12)(21) Personal care services—N nails, beauty salon, barber skin, hair care services, hair removal services, make-up salons, and similar uses.
(13)(22) Repair services—Electronic equipment, large appliances, etc. (23) Research and development, technology center.
(24) Restaurants or food establishments excluding drive-thru, alcohol beverage sales, and live entertainment (examples: full-service restaurants, cafeterias, buffets, sandwich, coffee, ice cream and similar establishments).
(25) Retail or warehouse stores 45,000 square feet or less gross floor area. (26) Schools- college, universities, vocational, specialized training, instruction, sports and recreation instruction, education support services (tutorial services). (27) Social service organizations.
(14) Warehouse stores—Forty-five thousand (45,000) square feet or less gross floor area. (15) Work/live units.
(16) Vehicle services—Repair and maintenance.
(17)(28) Studio—Art, dance, martial arts, music, photography and similar. etc. (29) Transit stops, stations, terminals.
(30) Utilities - gas, electric, sewer and similar.
(31) Veterinary clinics, animal hospitals, which may include ancillary indoor boarding.

B. The following uses are permitted provided a conditional use permit has been granted pursuant to Section

9.240.280:
. The following uses are permitted provided a conditional use permit has been granted pursuant to Section [9.240.280]:
(1) Alcoholic beverage sales for on-premise consumption with restaurants/food establishments, microbreweries, brew pubs, craft breweries hotels, and conference, convention, and banquet facilities and off-premise sales for microbreweries and general retail uses pursuant to Section [9.240.490].

Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

Page 3 of 5 ends

(1)(2) Auto, pickup truck, motorcycle, boat and RV sales, rental and repair. Repairs and associated activities within a wholly enclosed building.
(2)(3) Automobile fueling stations not including the concurrent sale of beer and wine for off -premises consumption, and excluding truck stops/travel centers.
(3) Bar/tavern pursuant to Section 9.240.490.
(4) Furniture and fixtures manufacturing, cabinet shop. (3) Commercial food kitchens, ghost kitchens, catering services, or commissary (with commercial vehicles or food trucks pursuant to Section [6.20.120].
(5) Hotel, motel, extended stay hotel.
(6) Heliports.
(7) Hospital.
(8) Mortuary, funeral home.
(9) Public safety facilities (police, fire, EMT, etc.)
(12)(8) Microbrewery, brew pub, craft brewery, distilleries, wineries pursuant to Section [9.240.490]. (9) Retail or Warehouse stores—Greater than forty-five thousand (45,000) square feet gross floor area. (10) Truck service and repair within a wholly enclosed building (utility, small commercial trucks or tractor trailer)
(11) Alcoholic beverage sales for off-premise consumption with convenience stores and automobile service stations, and restaurants, hotels, extended stay hotels, and conference facilities with alcohol beverage sales for on-premises consumption pursuant to Section 9.240.490.

C. Uses not listed. Any use that is not specifically listed in subsections A. and B. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

D. Legally established uses. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a chang e of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section 9.240.080 that is not specifically listed in subsections A. and B. shall be considered a permitted or conditionally permitt ed use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017 -14 adopting the 2017 General Plan. The expansion of significant modification of such a pre -existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre -existing use. ( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021; Ord. No. 2021-21 , §§ 15—18, 11-4-2021; Ord. No. 2021-29 , § 11, 12-16-2021; Ord. No. 2022-10 , § 4, 7-7-2022; Ord. No. 2022-24 , § 8, 12-15-2022)

Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

Page 4 of 5 ends

Sec. 9.112.030. Development standards.

The following shall be the standards of development in the B-P Zone:
(1) Lot size. The minimum lot size shall be one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780)) square feet with a minimum average lot width of one hundred (100) feet, minimum average lot depth of one hundred (100) feet and minimum lot frontage width of fifty (50) feet. (2) Floor area ration (FAR). The building floor area ration shall be a minimum of .25 FAR and a maximum of .6 FAR.
(3) Height. The maximum height of all structures, including buildings, shall be thirty -five (35) feet at each setback line. Any portion of a structure that exceeds thirty-five (35) feet in height shall be set back from each setback line not less than two (2) feet for each one (1) foot in height that is in excess of thirty-five (35) feet. All buildings and structures shall not exceed fifty (50) feet in height. (4) Landscaping. A minimum eighteen (18) percent of the net area of the site (exclusive of right -of-way) shall be landscaped and maintained, and automatic irrigation shall be installed. (5) Street setbacks. A minimum twenty-five (25) foot setback shall be required on any street. A minimum fifteen (15) foot strip adjacent to the street line shall be landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setb ack may be used for off- street automobile parking, driveways, or landscaping. Screen walls are prohibited in the street setback area.
(6) Side yard setbacks. The minimum side yard setback shall equal not less than ten (10) feet for the two (2) side lot areas combined.
(7) Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. (8) Other setbacks. A minimum one hundred (100) foot setback shall be required on any boundary where the business park property abuts a residential or commercially zoned property. A minimum of twenty (20) feet of the setback shall be landscaped. The other setback area may al so be used for trails, bicycle, motorcycle and automobile parking, trash/recycling enclosure, driveways or landscaping. Block walls or other fencing may be required.
(9) Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping.

They shall be located in such a manner as to minimize noise or odor nuisance. Block walls or other fencing may be required.
(10) Perimeter screen walls. Perimeter screen walls are prohibited in the street setback area. A fully landscaped area shall be provided in front of a perimeter screen wall adjacent to any street. The minimum height of a perimeter screen wall shall be eight (8) feet. All screen walls shall be decorative masonry block walls and include an anti-graffiti coating or equivalent measures to prevent graffiti. (11) Security Fence. Barbed wire, concertina and similar fence are prohibited. (12) Outside storage. Outside storage as described in Section 9.10.950 shall not exceed twenty (20) percent of the site and shall be completely screened from public view by a combination of buildings, decorative masonry block walls, berms and landscaping. Outside storage areas shall be prohibited within the twenty-five (25) feet street setback.
(13) Parking. Parking shall be provided as required by Section 9.240.120. (14) Utilities. All new utilities shall be underground.

Created: 2023-12-12 09:28:13 [EST]
( Supp. No. 18)

Page 5 of 5 ends

(15) Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from public view. (16) Signs. All signs shall be in conformance with Chapter 9.245 and be maintained in safe and presentable condition at all times including repainting, replacement of parts, and other maintenance activities (17) Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property. (18) Maintenance. All properties, buildings, outside storage areas, landscaping, walls, trash enclosures, accessory structures, signs, and overall grounds shall be maintained in a safe and presentable condition at all times including repainting, replacement of parts or structures, cleaning, and other maintenance activities.
(19) Architecture. Business park development shall be constructed with high-quality architecture designed to enhance and be architecturally compatible with its surroundings. Exemplary architecture, landscaping, sign and site plan design shall be provided within designated s cenic highways or public view corridors.
( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2022-10 , § 4, 7-7-2022)

← All documents from this meeting