Agenda — Jurupa Valley City Council, September 19, 2024 (part 1 of 2)

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, September 19, 2024
Study Session: 6:00 p.m.

Regular Meeting: 7:00 p.m.

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

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

2. STUDY SESSION

A. REVIEW OF NEW CITY BRANDING CAMPAIGN

Requested Action: That the City Council receive a presentation on the new City Branding Campaign and provide further input and direction.

A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.

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

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

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

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3. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member

4. INVOCATION

5. PLEDGE OF ALLEGIANCE

6. APPROVAL OF AGENDA

7. PRESENTATIONS

8. PUBLIC APPEARANCE/COMMENTS

9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
A. MAYOR GUILLERMO SILVA

1. UPDATE ON THE NORTHWEST MOSQUITO A ND VECTOR
CONTROL DISTRICT MEETING OF SEPTEMBER 19, 2024
B. MAYOR PRO TEM BRIAN BERKSON

1. UPDATE ON THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION MEETING OF SEPTEMBER 11, 2024

2. UPDATE ON THE NORTHWEST TRANSPORTATION NOW
COALITION MEETING OF SEPTEMBER 12, 2024

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

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3. UPDATE ON THE METROL INK / SOUTHERN CALIF ORNIA

REGIONAL RAIL AUTHOR ITY BOARD OF DIRECTO RS
MEETING OF SEPTEMBER 13, 2024

4. UPDATE ON THE MOBILE SOURCE AIR POLLUTION

REDUCTION REVIEW COMMITTEE MEETING OF
SEPTEMBER 19, 2024
C. COUNCIL MEMBER CHRIS BARAJAS

1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF

GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
SEPTEMBER 9, 2024

2. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & FINANCE
COMMITTEE MEETING OF SEPTEMBER 11, 2024

10. CITY MANAGER’S UPDATE

A. AB 1234 REPORT

11. APPROVAL OF MINUTES

A. SEPTEMBER 5, 2024 ADJOURNED REGULAR MEETING

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

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA

Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.

COUNCIL MEMBERS MAY REMOVE ITEMS FROM TH E CONSENT

CALENDAR FOR DISCUSSION, OR TO ASK QUESTIONS, OR MAKE A

COMMENT ON THE ITEM
If a Council Member wishes to vote “no” or “abstain” on a Consent Calendar item but does not wish to discuss, ask questions or make a comment, the Council Member may state that they wish to vote “no” or “abstain” on the item and the

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minutes and certification of the vote will show that the Council Member voted “no” or “abstain.”
B. ORDINANCE NO. 2024-17

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-17, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAP ACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2024-1 (THE DISTRICT - CITY) OF THE CITY OF JURUPA VALLEY

AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE

DISTRICT

C. ORDINANCE NO. 2024-18

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-18, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2024-2 (THE DISTRICT - FACILITIES) OF THE CITY OF JURUPA

VALLEY AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN

THE DISTRICT

D. ORDINANCE NO. 2024-20

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-20, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTICT NO. PS 2024 -007 (PUBLIC SAFETY, TROY

COURT) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
E. ORDINANCE NO. 2024-22
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-22, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JU RUPA VALLEY COMMUNITY

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FACILITIES DISTICT NO. PS 2022-003 (PUBLIC SAFETY, SEQUANOTA

HEIGHTS) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
F. ORDINANCE NO. 2024-23
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-23, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THAT CERTAIN “DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY,

CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY

COMPANY, RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED

LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY”

G. AGREEMENT WITH SOUTHERN CALIFORNIA EDISON (SCE) TO

REPLACE HIGH PRESSURE SODIUM VAPOR STREET LIGHTS WITH

LIGHT-EMITTING DIODE (LED) STREET LIGHTS CITYWIDE

1. Requested Action: That the City Council a pprove an LS -1 Option E authorization with Southern California Edison (SCE) to replace high pressure sodium vapor (HPSV) street lights with light-emitting diode (LED) street lights; and

2. Authorize the City Manager or his designee to sign the Authorization as shown as Attachment A to the staff report.

H. REQUEST FOR TWO SERVICE WORK TRUCKS

Requested Action: That the City Council approve the purchase of two (2) 2024 Ford F -250 Service Truck s for the Public Works Department from Fritts Ford, Riverside, in the amount of $104,292.84.

I. 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 -003 (PUBLIC

SAFETY, MISSION VILLAGE) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -003 (PUBLIC SAFETY, MISSION VILLAGE); GENERALLY LOCATED AT THE SOUTHEAST CORNER

OF MISSION BOULEVARD AND STOBBS WAY
Requested Action: That the City Council adopt Resolution No. 2024-104, entitled:

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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 -003 (PUBLIC

SAFETY, MISSION VILLAGE) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024 -003 (PUBLIC SAFETY, MISSION

VILLAGE)

J. APPROVAL OF AGREEMENT WITH REACH OUT FOR FY 2024 -25

FUNDING

Requested Action: That the City Council approve the annual agreement between the City of Jurupa Valley and Reach Out for an amount not to exceed $30,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

K. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND PATH OF LIFE MINISTRIES, INC. FOR

ADMINISTRATION OF THE CRISIS STABILIZATION HOUSING

PROGRAM

Requested Action: That the City Council approve the Agreement by and between the City of Jurupa Valley and Path of Life Ministries, Inc. for administration of the Crisis Stabilization Units for an amount not to exceed $72,000 and authorize the City Manage r to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

L. COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE

PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL

EMERGENCY SERVICES FOR THE CITY OF JURUPA VALLEY

Requested Action: That the City Council enter into a Cooperative Agreement with the County of Riverside for the provision of Fire Protection/Prevention/Rescue/Fire Marshal and Medical Emergency Services to the City of Jurupa Valley under the current Revenue Neutrality Agreement, and authorize the Mayor to sign the cooperative agreement.

M. INITIATION OF A CITY -WIDE CODE AMENDMENT TO AMEND AND

UPDATE REGULATIONS FOR SUBDIVISION PROJECTS AND

DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) Requested Action: That the City Council initiate a code amendment to the Municipal Code to amend regulations for subdivision projects.

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N. INITIATION OF CODE AMENDMENTS TO THE CITY’S MUNICIPAL CODE TO UPDATE CHAPTERS 9.240 GENERAL PROVISIONS AND

9.300 DENSITY BONUS TO INCLUDE REQUIRED FINDINGS AND

APPROVAL PROCESSES RELATED TO SUPPORTIVE HOUSING

DEVELOPMENT AND APPROVAL AUTHORITIES RELATED TO

DENSITY BONUS PROJECTS
Requested Action: That the Ci ty Council initiate an amendment to the General Provisions chapter to include requirements related to supportive housing development as well as an amendment to the Density Bonus chapter related to the review process.

13. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

14. PUBLIC HEARINGS

A. PUBLIC HEARING REGARDING SUBMISSION OF THE 2023 -2024

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT

1. Requested Action: That the City Council conduct the public hearing, receive any public testimony and receive and file the 2023 -2024 Consolidated Annual Performance and Evaluation Report (CAPER; and

2. That the City Council adopt Resolution No. 2024-105, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY ADOPTING AND APPROVING THE

CONSOLIDATED ANNUAL PERFORMANCE EVALUATION

REPORT (CAPER) AND AUTHORIZING SUBMISSION OF THE

REPORT TO THE UNITED STATES DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT
B. PUBLIC HEARING TO CONSIDER SPECIFIC PLAN AMENDMENT NO. 2 TO SPECIFIC PLAN 16002 AND REVISED PERMIT NO. 1 TO SITE DEVELOPMENT PERMIT NO. 18044 TO MODIFY THE AGUA MANSA

COMMERCE PARK SPECIFIC PLAN AND REPLACE CONDITION OF
APPROV AL NO. 9 TO REQUIRE A DEPOSIT PAYMENT FOR THE

DESIGN AND CONSTRUCTION OF AN OFF-SITE EQUESTRIAN TRAIL

INSTEAD OF CONSTRUCTING AN EQUESTRIAN TRAIL ON

CASTELLANO ROAD AND THAT NO FURTHER CEQA REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15062;
LOCATION: RIGHT OF WAY SOUTH OF RUBIDOUX BOULEV ARD,
EAST OF CASTELLANO ROAD (APN: 175-170-024); (APPLICANT: AGUA

MANSA COMMERCE PHASE III, LLC)

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Requested Action: That the City Council conduct a public hearing, receive public testimony, and adopt Resolution No. 2024-106, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT
NO. 2 TO SPECIFIC PLAN 16002 AND REVISED PERMIT NO. 1 TO SITE DEVELOPMENT PERMIT NO. 18044 TO MODIFY THE AGUA MANSA
COMMERCE PARK SPECIFIC PLAN CONDITION OF APPROVAL NO.
9 TO REQUIRE A DEPOSIT PAYMENT F OR THE DESIGN AND

CONSTRUCTION OF AN OFF -SITE EQUESTRIAN TRAIL, AND

DETERMINATION THAT NO FURTHER CEQA REVIEW IS REQUIRED
PURSUANT TO SECTION 15162

C. PUBLIC HEARING TO CONSIDER MA24168 EXTENSION OF TIME (EOT) NO. 1 FOR CONDITIONAL USE PERMIT (CUP) NO. 21 006 FOR

THE CONSTRUCTION OF A NEW DISPOSAL SERVICE OPERATIONS
USE ON APPROXIMATELY 9.82 ACRES OF REAL PROPERTY

LOCATED ON THE SOUTH SIDE OF AGUA MANSA ROAD BETWEEN
WILSON STREET AND A RAIL SPUR CROSSING (APNs: 175 -180-012 & 175-180-016) AND MAKING A FINDIN G THAT NO FURTHER

CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW IS
REQUIRED PURSUANT TO CEQA GUIDELINES SECTION 15162(A)
Requested Action: That the City Council conduct a public hearing, receive any public testimony, and adopt Resolution No. 2024-107, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA APPROVING AN EXTENSION OF TIME
FOR CONDITIONAL USE PERMIT NO. 21006 TO PERMIT THE

CONSTRUCTION OF A NEW DISPOSAL SERVICE OPERATION
CENTER ON APPROXIMATELY 9.82 ACRES OF REAL PROPERTY

LOCATED ON THE SOUTH SIDE OF AGUA MANSA ROAD
BETWEEN WILSON STREET AND A RAIL SPUR CROSSING (APNS:
175-180-012 & 175 -180-016) AND MAKING A FINDING THAT NO

FURTHER CALIFORNIA ENVIRONMENTAL QUALITY ACT

REVIEW IS REQUIRED PURSUANT TO CEQA GUIDELINES
SECTION 15162(A)

D. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING

FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -004
(PUBLIC SAFETY, TRA CTOR SUPPLY) GENERAL LY LOCATED AT

THE SOUTHWEST CORNER OF SIERRA AVENUE AND ARMSTRONG
ROAD (CONTINUED FROM THE SEPTEMBER 5, 2024 MEETING)

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1. Requested Action: That the City Council conduct the public hearing and take testimony, if any.

2. Following the public hearing, staff recommends that the City Council adopt Resolution No. 2024-96, entitled:

A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF

THE CITY OF JURUPA VALLEY, CALIFORNIA, TO ESTABLISH

CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2 024-004 (PUBLIC SAFETY, TRACTOR

SUPPLY), TO ESTABLISH AN APPROPRIATIONS LIMIT

THEREFORE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX

THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT AND THE LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS THEREOF; AND

3. That the City Council adopt Resolution No. 2024-97, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, CALLING A SPECIAL

ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS

OF CITY OF JURUPA VALLEY COMMUNITY FACI LITIES
DISTRICT NO. PS 2024 -004 (PUBLIC SAFETY, TRACTOR

SUPPLY) PROPOSITIONS REGARDING THE ESTABLISHMENT

OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF

A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES
DISTRICT; AND

4. That the City Council adopt Resolution No. 2024-98, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, DECLARING THE RESULTS

OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2024 -004 (PUBLIC

SAFETY, TRACTOR SUPPLY) AND DIRECTING THE
RECORDING OF A NOTICE OF SPECIAL TAX LIEN; AND

5. That the City Council conduct a first reading and introduce Ordinance No. 2024-21, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTICT NO. PS 2024 -004 (PUBLIC

SAFETY, TRACTOR SUPPLY) AUTHORIZING THE LEVY OF A

SPECIAL TAX THEREIN

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15. COUNCIL BUSINESS

A. REVIEW AND AWARD OF 2024 COMMUNITY SERVICE GRANTS
(CSG)

Requested Action: That the City Council discuss the Community Service Grant (CSG) Committee allocation alternatives for the 2024 -2025 CSG program and provide funding direction to staff.

16. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS

17. CITY ATTORNEY’S REPORT

18. COUNCIL MEMBER REPORTS AND COMMENTS

19. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Jurupa Valley v. Juan Carmelo Nunez Salazar, et al. (Riverside Superior Court Case No. RIC2002036); and 2) City of Jurupa Valley v.

Juan Carmelo Nunez, et al. (Riverside Superior Court Case No. CVRI2202444).

20. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF A NY REPORTABLE ACTION S IN CLOSED

SESSION

21. ADJOURNMENT
Adjourn to the Regular Meeting of October 3, 2024 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

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

Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be m ade available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of,

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Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.

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

AGENDA ITEM NO. 11.A
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MINUTES

OF THE ADJOURNED REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
September 5, 2024
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 5:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member
Mayor Guillermo Silva called the closed session meeting to order at 5:03 p.m.

The City Attorney stated that Mayor Silva will not participate in the two closed session litigation items listed on the Agenda involving Mr. Nunez. Mayor Silva has a business dispute with Mr. Nunez, one of the Defendants. Mayor Silva will not be present in the room where the closed session on the two litigation items will be held but he will be able to return to participate in the third closed session item relating to real property negotiations.

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

B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council met in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Jurupa Valley v. Juan Carmelo Nunez Salazar, et al. (Riverside Superior Court Case No. RIC2002036); and 2) City of Jurupa Valley v.

Juan Carmelo Nunez, et al. (Riverside Superior Court Case No. CVRI2202444).

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at the corner of 58 th Street and Etiwanda Avenue, Jurupa Valley CA (APN 161- 180-033). The negotiating parties are the City of Jurupa Valley and the property owner, Rodeo Café Corporation. Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.

RETURN TO AGENDA

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D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council met in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 5930 Etiwanda Ave., Jurupa Valley CA. The negotiating parties are the City of Jurupa Valley and the property owner, New Hope Transport . Negotiators for the City are Rod Butler, Michael Flad, and Amy Sells. Under negotiations are price and terms of the acquisition of the property.

3. RECONVENE IN OPEN SESSION

A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED

SESSION

The City Attorney stated that there are no reportable actions under the Brown Act from closed session. Mayor Silva did not participate in the two litigation matters involving Mr. Nunez but he did return and participated in the real property item. If an agreement is reached on the acquisition of the properties, the purchase and sale agreement will come back to the Council for consideration and action in open session.

4. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Guillermo Silva, Mayor
● Brian Berkson, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Chris Barajas, Council Member
● Armando Carmona, Council Member

Mayor Guillermo Silva called the regular meeting to order at 6:09 p.m.

5. PLEDGE OF ALLEGIANCE was led by Mayor Guillermo Silva.

6. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Brian Berkson, seconded by Council Member Leslie Altamirano, to approve the Agenda.

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

Absent: None

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

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“Ava”, a 1-year old female cane corso, who has been at the shelter since July 25 was introduced to the Council. Anyone interested in giving Ava a home is encouraged to contact the City’s Animal Control Services Department at https://www.rcdas.org. The Riverside County Animal Services Department will be hosting their annual “Clear the Shelters” event on Septem ber 7, from 10 a.m. to 4 p.m. where all adoptions will be free.

B. PROCLAMATION CELEBRATING CONSTITUTION WEEK

Judy Dillard, representing the Aurantia Chapter of the Daughters of the American Revolution shared the work that the Riverside Chapter of DARS doe s to educate local school students about the Constitution. She shared the winning student poster that depicts the signing of the Constitution for display at City Hall. She introduced Terri Lee Wyatt, who will taking over her duties next year. She gifted the City Council with a bell and a Certificate of Recognition for their support over the years.

She thanked City Clerk Vicki Wasko for her ongoing support.

C. PROCLAIMING SEPTEMBER AS OVARIAN CANCER AWARE NESS
MONTH
Mayor Guillermo Silva presented a Proclamation to Delia Zapien proclaiming September as Ovarian Cancer Awareness Month. Ms. Zapien thanked the City Council for their recognition and for helping to raise awareness about this important issue.

8. PUBLIC APPEARANCE/COMMENTS
Susan Phillips, representing the Redford Conservancy voiced concern that it was 112 degrees today in Jurupa Valley and Phoenix, Arizon a just had its 100 th day of over 100 degree weather. She referred to a recent L.A. Times article that predicts Los Angeles may shift to a more desert-like climate in 60 years due to global warming. She asked the Council to put climate first by encouraging more open space, trees and vegetation, which can reduce the effects of rising temperatures.

George Ruiz thanked the City Council for recommending that he receive the Senior Legacy Award, stating that he was very honored to be recognized.

9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Mayor Pro Tem Brian Berkson announced that his wife Samantha just recently underwent a serious operation. He thanked everyone for their kind messages of support and get-well cards.

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Council Member Armando Carmona recognized his father -in-law, Cesar Huerta, who passed away on September 1 after a long illness. He stated that Mr. Huerta worked for the Los Angeles Department of Water and Power for over 40 years and he raised an amazing family, which he was proud to be part of.

10. CITY COUNCIL MEMBER ORAL/WR ITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR PRO TEM BRIAN BERKSON

1. Mayor Pro Tem Brian Berkson gave an update on the Riverside Transit Agency Board of Directors meeting of August 22, 2024.

2. Mayor Pro Tem Brian Berkson gave an update on the Riverside County T ransportation Commission – Western Riverside County Programs and Projects Committee meeting of August 26, 2024.

3. Mayor Pro Tem Brian Berkson gave an update on the Riverside Transit Agency Board of Directors meeting of September 3, 2024.

4. Mayor Pro Tem Brian Berkson gave an update on the Southern California Association of Governments Regional Transportation Committee meeting of September 5, 2024.

11. CITY MANAGER’S UPDATE

City Manager Rod Butler announced that in response to a request from Council Member Armando Carmona, City staff has prepared an educational video of the state ballot measures that are on the November 5 ballot. The video is available on the City’s website and YouTube channel. He announced that there are two State of the City events coming up. On Thursday, September 26, the City will host a free event at Jurupa Valley High School. On October 24, the Jurupa Valley Chamber of Commerce will host a State of the City dinner that is ta ilored to the business community . He announced the City’s annual Veterans Day Parade will be held on Saturday, November 9.

12. APPROVAL OF MINUTES

A. AUGUST 15, 2024 REGULAR MEETING
A motion was made by Council Member Council Member Leslie Altamirano, seconded by Mayor Pro Tem Brian Berkson , to approve the Minutes of the regular meeting of August 15, 2024.

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

Absent: None

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

THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS

INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.

B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$15,091,296.01

Requested Action: That the City Council ratify the check registers dated July 24, and August 1, 9, 14, and 15, 2024 as well as the payroll registers dated July 19, 31, and August 2, and 16, 2024.

C. ORDINANCE NO. 2024-19

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2024-19, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AMENDING SECTIONS 11.75.010, 11.75.020,

11.75.070 AND 11.80.120 OF THE JURUPA VALLEY MUNICIPAL CODE AND ADDING SECTIONS 11.75.025 AND 11.80.130 TO THE JURUPA

VALLEY MUNICIPAL CODE PROHIBITING ANY PERSON TO CAMP,

ESTABLISH, MAINTAIN, OPERATE O R OCCUPY A CAMP OR

CAMPING FACILITIES, OR USE CAMP PARAPHERNALIA WITH

CERTAIN LIMITED EXCEPTIONS AND ENFORCEMENT OF
VIOLATIONS OF CHAPTER 11.75 AND CHAPTER 11.80; FINDING

THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15060 OF

THE CEQA GUIDELINES

D. BIENNIAL REVIEW OF CONFLICT OF INTERES T CODE AND

RESOLUTION ADOPTING BY REFERENCE THE STA NDARD

CONFLICT OF INTEREST PROVISIONS OF CALIF ORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND A PPROVING AN

AMENDED CONFLICT OF INTEREST CODE

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Requested Action: That the City Council approve the amended Appendix to the City’s Conflict of Interest Code and adopt Resolution No. 2024-92, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA APPROVING AND ADOPTI NG AN AMENDED

APPENDIX TO THE CONF LICT OF INTEREST COD E PURSUANT TO THE POLITICAL REFORM ACT OF 1974

E. AGREEMENT BETWEEN TH E CITY OF JURUPA VAL LEY AND
JAKHER INC. FOR ON -CALL ENGINEERING CONS ULTING

SERVICES

AGREEMENT BETWEEN TH E CITY OF JURUPA VALLEY AN D
PROJECT PARTNERS, IN C. FOR ON -CALL TRAFFIC ENGINEERING

SUPPORT SERVICES

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

2. That the City Council approve the Agreement between the City of Jurupa Valley and Project Partners, I nc. for On-Call Traffic Engineering Support Services and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

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

F. APPROVAL OF REPLACEMENT SUBDIVISION AGREEMENTS AND
IMPROVEMENT BONDS FOR TRACT MAP 32721 LOCATED ON THE

NORTHEAST CORNER OF MURIEL AND LA CANADA DRIVE
(LENNAR HOMES OF CALIFORNIA, LLC)

1. Requested Action: That the City Council approve and authorize the Mayor and City Clerk to execute the replacement Subdivision Agreements; and

2. Accept the 1) Faithful Performance Bond No. 024275905 in the amount of $376,500 for street and drainage, $130,500 for the water system and $50,500 for the sewer system, 2) the Material and Labor Bond No. 024275905 in the amount of $188,250 for street and drainage, $65,250 for the water system and $25,250 for the sewer system, and 3) the Subdivision Monument Bond No. 72BSB JF1288 in the amount of $28,000 from the Liberty Mutual Insurance Company for the development and construction

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of street, storm drain, water and sewer improvements within Tract Map 32721.

G. THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND VAN DYKE LAND SCAPE ARCHITECTS, IN C.

FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES

1. Requested Action: That the City Council approve the Third Amendment to the Agreement between the City of Jurupa Valley and Van Dyke Landscape Architects, Inc. for On -Call Landscape Architectural Services to incorporate an annual cost of living increase, and

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

A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson, to approve the Consent Calendar.

Ayes: Altamirano, Berkson, Barajas, Carmona, Silva
Noes: None

Absent: None

14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

Mayor Guillermo Silva called a short recess at 6:45 p.m.

Mayor Guillermo Silva reconvened the meeting at 7:00 p.m.

15. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2024 -1 (THE DISTRICT - CITY) AND COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT - FACILITIES) (CONTINUED FROM THE AUGUST 15, 2024 MEETING)

The City Attorney stated that Council Member Altamirano will not participate on Item 15.A, the formation of two Com munity Facilities Districts to fund public improvements, community benefit contributions, and public services for the District at Jurupa Valley Project. Council Member Altamirano owns property near the District at Jurupa Valley boundaries. The Fair Political Practices Commission issued an Opinion stating the she cannot participate in Council decisions on matters relating to the District at Jurupa Valley Specific Plan and implementation of the Project. Council Member Altamirano will leave the Council Chambe r while this

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matter is being discussed and voted on. The Minutes for this meeting will also show my comments explaining her conflict and confirming that she did not participate in this decision.

Council Member Altamirano left the Council Chamber and returned to the Council Chamber after Council consideration of Item 15.A. had been completed.

Staff Report presented by Heidi Schoeppe, representing Webb Municipal Finance, the City’s consultant. Ms. Schoeppe outlined the process to establish Jurupa Community Facilities District No. 2024-1 (The District) and Community Facilities District No. 2024-2 (The District – Facilities).

Mayor Guillermo Silva opened the public hearing.

Further discussion followed.

There being no further comments, Mayor Guillermo Silva c losed the public hearing.

A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson , to adopt Resolution No s. 2024 -85 and 2024 -86, entitled:

RESOLUTION NO. 2024-85 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VALLEY, ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 2024 -1 (THE DISTRICT - CITY) OF THE

CITY OF JURUPA VALLEY, AUTHORIZING THE LEVY OF SPECIAL

TAXES AND CALLING AN ELECTION THEREIN
RESOLUTION NO. 2024-86 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VALLEY, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -1 (THE

DISTRICT - CITY) OF THE CITY OF JURUPA VALLEY, DETERMINING

THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN SAID

COMMUNITY FACILITIES DISTRICT AND CALLING AN E LECTION

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

Absent: None
Abstained: L. Altamirano
At the request of the mayor, the City Clerk announced that one owner cast one ballot. All votes cast were in favor of the special taxes.

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A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson, to adopt Resolution No. 2024-87, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -1 (THE DISTRICT -

CITY) OF THE CITY OF JURUPA VALLEY CERTIFYING THE

RESULTS OF THE SPECIAL TAX AND BOND ELECTION
Ayes: B. Berkson, C. Barajas, G. Silva
Noes: A. Carmona

Absent: None
Abstained: L. Altamirano
A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson, to introduce Ordinance No. 2024-17, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (THE DISTRICT -

CITY) OF THE CITY OF JURUPA VALLEY AUTHORIZING THE LEVY

OF SPECIAL TAXES WITHIN THE DISTRICT
Ayes: B. Berkson, C. Barajas, G. Silva
Noes: A. Carmona

Absent: None
Abstained: L. Altamirano
A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson , to adopt Resolution No s. 2024 -88 and 2024 -89, entitled:

RESOLUTION NO. 2024-88 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VALLEY, ESTABLISH ING COMMUNITY
FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT - FACILITIES) OF

THE CITY OF JURUPA VALLEY, AUTHORIZING THE LEVY OF

SPECIAL TAXES AND CALLING AN ELECTION THEREIN

RESOLUTION NO. 2024-89 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VA LLEY, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE

DISTRICT - FACILITIES) OF THE CITY OF JURUPA VALLEY,

DETERMINING THE NECESSITY TO INCUR BONDED

INDEBTEDNESS WITHIN SAID COMMUNITY FACILITIES DISTRICT

AND CALLING AN ELECTION THEREIN

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

Absent: None
Abstained: L. Altamirano
At the request of the mayor, the City Clerk announced that one owner cast one ballot. All votes cast were in favor of the special taxes.

A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson, to adopt Resolution No. 2024-90, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT -

FACILITIES) OF THE CITY OF JURUPA VALLEY CERTIFYING THE

RESULTS OF THE SPECIAL TAX AND BOND ELECTION
Ayes: B. Berkson, C. Barajas, G. Silva
Noes: A. Carmona

Absent: None
Abstained: L. Altamirano
A motion was made by Council Member Chris Barajas , seconded by Mayor Pro Tem Brian Berkson, to introduce Ordinance No. 2024-18, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024 -2 (THE DISTRICT -

FACILITIES) OF THE CITY OF JURUPA VALLEY AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT; AND
Authorize the City Manager to execute the CFD Documents on behalf of the City and take such further action as necessary to complete the formation process with respect to each of the Community Facility Districts.

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

Absent: None
Abstained: L. Altamirano

B. PUBLIC HEARING TO CONSIDER THE RIO VISTA SPECIFIC PLAN PROJECT, MASTER APPL ICATION (MA) NO. 16045 (GENERAL PLAN AMENDMENT GPA16001, RIO VISTA SPECIFIC P LAN SP16001,
DEVELOPMENT AGREEMEN T DA16001, & TENTATI VE TRACTS
TTM37074 AND TTM3863 9); PROJECT: CERTIFY ING AN

ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS,

ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND

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ADOPTING A MITIGATIO N MONITORING AND REP ORTING
PROGRAM FOR “RIO VISTA SPECIFIC PLAN” THAT WOULD PERMIT DEVELOPMENT OF UP TO 1,697 NEW RESIDENTIAL UNITS; 1,269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,768 SQUARE FEET OF BUSINESS PAR K LAND USE; 510.8 AC RES OF NATURAL OPEN SPACE; 14.3 ACR ES OF PARK AND RECRE ATIONAL
AMENITIES AND 13.4 P UBLIC SCHOOL SITE; P ROJECT LOCATION:

GENERALLY LOCATED NORTH OF STATE ROUTE (SR) 60, SOUTH OF CITY’S NORTHERN BOUNDARY LINE, AND BETWEEN ARMSTRONG
ROAD AND RUBIDOUX BO ULEVARD (APNS: 175 -160-001, 177-030-014, 177-040-002, 177 -040-008, 175 -080-101, 1 75-090-001, 171 -090-003, 175 -090- 004, 177 -060-012, 17 5-160-007, 175 -160-005, 175 -100-005, 175 -100-006, 1 75- 150-002, 175 -100-003); (APPLICANT: RICHLAND PLANNED
COMMUNITIES, INC.) (CONTINUED FROM THE AUGUST 15, 2024

MEETING)

Staff Report presented by Jim Pechous, Principal Planner. Mr. Pechous outlined the project location, which is surrounded by residential, industrial, and commercial uses. The existing site is currently vacant, with some hilly terrain. The site has a history of off-road vehicle use and illegal dumping. The proposed project includes residential, light industrial and Business Park, a K -6 school, various parks, open space, and trails. Mr. Pechous outlined the various entitlements that are required, which include a General Plan Amendment, Development Agreement, and Tentative Tract Map. Mr. Pechous reported that warehouse distribution and logistics are prohibited.

Brandon Fender, representing the City’s consultant, RSG, outlined the provisions of the proposed Development Agreement.

Jim Pechous, Principal Planner, reported that the Draft Environmental Impact Report was circulated from October 19, 2023 to January 5, 2024. Mr. Pechous outlined the Palmer Oak preservation measures, which estimate the tree to be between 13,000 and 18,000 years old. The tree is one of the oldest known organisms in California and the third oldest on Earth. Its location is in the open space conservation area. The recommended extended buffer is 450 feet from the development area, with 150 foot higher elevation than the nearest development pad.

The developer has agreed to convey the land to the Kizh Nation, with a $250,000 endowment and HOA fee for long -term preservation. Mr. Pechous noted that the Palmer Oak represents cultural importance as a medicine tree for the Kizh Nation - Gabrieleño Band of Mission Indians.

Joe Perez, Assistant City Manager, Community Development Director provided a project summary.

Further discussion followed.

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Following discussion, Mayor Pro Tem Brian Berkson voiced that the current plan to build the 14-acre park by the 600th house is unreasonable and he would like this provision to be modified.

Brian Hardy, Richland Communities, (applicant), spoke on behalf of the project.

He reported that the proposed project will transform the current neglected property into a positive asset for the community and they will continue to work with the Kizh Nation to develop the space to preserve its rich cultural significance.

Jeremy Krout, EPD Solutions, (applicant), provided an overview of the project. He reported that the current Specifi c Plan will provide a mix of housing types, parks, a new K-6 school, open space, and protection of the Palmer Oak.

Mayor Guillermo Silva opened the public hearing.

The following individuals spoke in opposition to the project:

Stephanie (no last name provided)
Ashly Gallardo
Jenny Iyer
Brbara Iyer
Alicia Drevdahl
Evan Webb
Sharon Roberts
Dr. Tim Krantz, University of Redlands
Dani Renee
Tholia Davila
Mac Maxwell
Dante Diaz, Inland Empire Prism Collective
Aaron Echols
Jonathan Reinig
Susan Phillips, Pizer College
Elaine Brown
Daniel Garcia
Ruth Brissenden, Stand Up for Mother Earth
Adrian Rios
Christian DeVore
Veronica Sanchez
Roberto Ramirez
Victoria Ramirez
Amanda Ramirez
Emmanuel Suarez
Franco Pacheco, Inland Valley Alliance

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The following individuals spoke in support of the project:

Forrest Peck, Local 264
Zach Strasters, CARE California
Carlos Esqueda
Israel Corrrales
Jonathan Dailey, Liuna labor union
Juan Serrato, Liuna labor union
Louie Lopez, Ironworkers Local 433
Jose Radillo, Liuna labor union
Rob Ramos, Local 416
John Torres, Kizh Nation – Gabrieleño Band of Mission Indians Aurelia Torres, Kizh Nation – Gabrieleño Band of Mission Indians Kara Grant, legal counsel for the Kizh Nation - Gabrieleño Band of Mission Indians Andrew Salas, Chairman, Kizh Nation - Gabrieleño Band of Mission Indians Matt Teutimez, Kizh Nation - Gabrieleño Band of Mission Indians Victoria Jones, Kizh Nation - Gabrieleño Band of Mission Indians Mirna Torres
Masaki Mendoza
Jose Garcia, Liuna labor union
Pamela Blynn

Brian Hardy, representing Richland Communities, (applicant), addressed some of the previous comments and gave an overview of how this project progressed through the development process over the last seven years. He stated that they have been working closely with the Kizh Nation over the last several years on how to move the project forward while still preserving the cultural significant aspects of the land. He added that the majority of the project is geared for small businesses, not warehouses.

Jeremy Krout, representing EPD Solutions, Inc., (for the applicant), spoke in support of the project. He offered to answer any questions.

There being no further comments, Mayor Guillermo Silva closed the public hearing.

Further discussion followed.

Discussion followed regarding the phasing of the community park.

Brian Hardy, representing Richland Communities, (applicant) provided addition al information regarding the timing of the parks and the number of units that are required to support the parks financially.

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Following discussion, the City Council added the following changes to the following motions:

The language under section 5.10 should be replaced with the following language:
“5.10.1 - Owner shall make payment to the Jurupa Area Recreation and Park District (JARPD) in the amount of $325,000 for the improvement of new/existing parks and/or equestrian amenities and/or youth activities that directly impact the communities of Rubidoux and Sunnyslope prior to the issuance of the 500 th building permit for the Richland property.”

Also, the typographical error discovered under Section 19 in the Specific Plan that would correct the Planning Area (PA) boundaries.

A motion was made by Council Member Leslie Altamirano , seconded by Council Member Chris Barajas, to approve the added changes as referenced above and adopt Resolution Nos. 2024-102 and 2024-103, entitled:

RESOLUTION NO. 2024-102 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUP A VALLEY CERTIFYING AN

ENVIRONMENTAL IMPACT REPORT, MAKING FIND INGS, AND

ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND

A MITIGATION MONITOR ING AND REPORTING PR OGRAM FOR
GENERAL PLAN AMENDMENT NO. 16001, SPECIFIC PLAN (SP16001),

A DEVELOPMENT AGREEM ENT BY AND BETWEEN T HE CITY OF

JURUPA VALLEY, CANADIAN PACIFIC LAN D, LLC, A FLORIDA

LIMITED LIABILITY CO MPANY, AND RMD INLAN D INVESTORS,

LLC, A DELAWARE LIMI TED LIABILITY COMPAN Y, AND MV

AVALON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND TENTATIVE TRACT MAP NOS. 37074 AND 38639 TO PERMIT THE DEVELOPMENT OF UP TO 1,697 NEW RESIDENTIAL UNITS, 1,269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,768 SQUARE FEET OF BUSINESS PAR K LAND USE, 510.8 AC RES OF NATURAL OPEN SPACE, 14.3 ACR ES OF PARK AND RECRE ATIONAL
AMENITIES, AND 13.4 ACRES FOR A PUBLIC S CHOOL SITE
GENERALLY LOCATED NO RTH OF STATE ROUTE 6 0, BETWEEN

ARMSTRONG ROAD AND RUBIDOUX BOULEVARD
Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona

Absent: None

RESOLUTION NO. 2024-103 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUP A VALLEY APPROVING G ENERAL PLAN
AMENDMENT NO. 16001, ADOPTING SPECIFIC P LAN (SP16001) AND REPEALING SPECIFIC P LAN NO 243, AND APPR OVING TENTATIVE TRACT MAP NOS. 37074 AND 38639 TO PERMIT THE DEVELOPMENT

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OF UP TO 1,697 NEW R ESIDENTIAL UNITS, 1, 269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,768 SQUARE FEET OF
BUSINESS PARK LAND USE, 510.8 ACRES OF NATURAL OPEN SPACE,

14.3 ACRES OF P ARK AND RECREATIONAL AMENITIES, AND 13.4

ACRES FOR A PUBLIC S CHOOL SITE GENERALLY LOCATED
NORTH OF STATE ROUTE 60, BETWEEN ARMSTRO NG ROAD AND

RUBIDOUX BOULEVARD (RIO VISTA PROJECT)
Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona

Absent: None

A motion was made by Council Member Leslie Altamirano , seconded by Council Member Chris Barajas, to introduce Ordinance No. 2024-23, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING THAT CERTAIN
“DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

JURUPA VALLEY, CANADIAN PACIFIC LAND, LLC, A FLORIDA

LIMITED LIABILITY COMPANY, RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, AND MV AVALON,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY”
Ayes: L. Altamirano, C. Barajas, G. Silva
Noes: B. Berkson, A. Carmona

Absent: None

C. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING

FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -007
(PUBLIC SAFETY, TROY COURT) GENERALY LOCATED AT THE

SOUTH END OF TROY COURT AND NORTH OF VAN BUREN

BOULEVARD

Mayor Guillermo Silva opened the public hearing.

There being no further comments, Mayor Guill ermo Silva closed the public hearing.

A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano , to adopt Resolution No s. 2024 -93 and 2024 -94, entitled:

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RESOLUTION NO. 2024-93 - A RESOLUTION OF FORMATION OF THE

CITY COUNCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, TO

ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITEIS
DISTRICT NO. PS 2024 -007 (PUBLIC SAFETY, TROY COURT), TO

ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO

AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO

SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT

AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
RESOLUTION NO. 2024-94 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VALLEY, CALIFORNIA, CALLING A

SPECIAL ELECTION A ND SUBMITTING TO THE QUALIFIED

ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2024 -007 (PUBLIC SAFETY, TROY COURT)

PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL

TAX WITHIN THE COMMUNITY FACILITIES DISTRICT
Ayes: L. Altamirano, B. Berkson, C. Barajas, G. Silva
Noes: None

Absent: None
Abstained: A. Carmona
At the request of the mayor, the City Clerk announced that one owner cast one ballot. All votes cast were in favor of the special taxes.

A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to adopt Resolution No. 2024-95, entitled:

RESOLUTION NO. 2024-95 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VALLEY, CALIFORNIA, DECLARING THE

RESULTS OF A SPECIAL ELECTION IN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2024 -007 (PUBLIC SAFETY,

TROY COURT) AND DIRECTING THE RECORDING OF A NOTICE OF

SPECIAL TAX LIEN
Ayes: L. Altamirano, B. Berkson, C. Barajas, G. Silva
Noes: None

Absent: None
Abstained: A. Carmona

A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to introduce Ordinance No. 2024-20, entitled:

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTICT NO. PS 2024 -007 (PUBLIC SAFETY, TROY

COURT) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
Ayes: L. Altamirano, B. Berkson, C. Barajas, G. Silva
Noes: None

Absent: None
Abstained: A. Carmona
D. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING

FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024 -004
(PUBLIC SAFETY, TRACTOR SUPPLY) GENERALY LOCATED AT THE

SOUTHWEST CORNER OF SIERRA AVE NUE AND ARMST RONG
ROAD

Mayor Guillermo Silva opened the public hearing.

There being no further comments, Mayor Guillermo Silva continued the public hearing to the September 19, 2024 meeting.

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

Absent: None
E. PUBLIC HEARING TO CONSIDER CALLING A SPECIAL ELECTION; DECLARING THE RESULTS OF THE ELECTION; AND APPROVING

FORMATION AND LEVY OF SPECIAL TAXES FOR CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -003
(PUBLIC SAFETY, SEQUANOTA HEIGHTS) GENERALY LOCATED
NORTH OF STATE ROUTE 60, SOUTH OF CANAL STREET, EAST OF

OPAL STREET AND WEST OF PACIFIC AVENUE

Mayor Guillermo Silva opened the public hearing.

There being no further comments, Mayor Guillermo Silva closed the public hearing.

A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano , to adopt Resolution Nos. 2024 -99 and 2024-100, entitled:

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RESOLUTION NO. 2024-99 - A RESOLUTION OF FORMATION OF THE

CITY COUNCIL OF THE CITY OF JURUPA VALLEY, CALIFORNIA, TO

ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITEIS
DISTRICT NO. PS 2022-003 (PUBLIC SAFETY, SEQUANOTA HEIGHTS),

TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFORE, TO

AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO

SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT

AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF; AND
RESOLUTION NO. 2024-100 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF JURUPA VALLEY, CALIFORNIA, CALLING A

SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED

ELECTORS OF CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. PS 2022-003 (PUBLIC SAFETY, SEQUANOTA HEIGHTS)

PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL

TAX WITHIN THE COMMUNITY FACILITIES DISTRICT
Ayes: L. Altamirano, B. Berkson, C. Barajas, G. Silva
Noes: None

Absent: None
Abstained: A. Carmona
At the request of the mayor, the City Clerk announced that one owner cast one ballot. All votes cast were in favor of the special taxes.

A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to adopt Resolution No. 2024-101, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL

ELECTION IN CITY OF JURUPA VALLEY COMMUNITY FACILITIES
DISTRICT NO. 2022 -003 (PUBLIC SAFETY, SEQUANOTA HEIGHTS)

AND DIRECTING THE RECORD ING OF A NOTICE OF SPECIAL TAX LIEN
Ayes: L. Altamirano, B. Berkson, C. Barajas, G. Silva
Noes: None

Absent: None
Abstained: A. Carmona
A motion was made by Council Member Chris Barajas, seconded by Council Member Leslie Altamirano, to introduce Ordinance No. 2024-22, entitled:

-19-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTICT NO. PS 2022-003 (PUBLIC SAFETY, SEQUANOTA

HEIGHTS) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
Ayes: L. Altamirano, B. Berkson, C. Barajas, G. Silva
Noes: None

Absent: None
Abstained: A. Carmona

16. COUNCIL BUSINESS

17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

There were no requests for future Agenda items.

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

19. COUNCIL MEMBER REPORTS AND COMMENTS

20. ADJOURNED IN MEMORY
There being no further business before the City Council, Mayor Guillermo Silva adjourned the meeting in memory of Cesar Huerta at 12:09 a.m. to September 19, 2024 at 7:00 pm.

Respectfully submitted,

____________________________
Victoria Wasko, CMC
City Clerk

AGENDA ITEM NO 12.B
-1-
ORDINANCE NO. 2024-17

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2024-1 (THE DISTRICT - CITY) OF THE CITY

OF JURUPA VALLEY AUTHORIZING THE LEVY OF

SPECIAL TAXES WITHIN THE DISTRICT
WHEREAS, on June 27, 2024, the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) adopted Resolution No. 2024-47 declaring its intention to form Community Facilities District No. 2024-1 (The District - City) of the City of Jurupa Valley (the “Community Facilities District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and adopted Resolution No. 2024-86, declaring its intention to incur bonded indebtedness of the Community Facilities District; and WHEREAS, on August 15, 2024, after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Community Facilities District, the proposed levy of special tax es within the Community Facilities District to finance certain public improvements and services described in Resolution No. 2024-47 and to secure the payment of any bonded indebtedness of the Community Facilities District , and the proposed issuance of up to $6,000,000 of bonded indebtedness. At its August 15, 2024 meeting, the City Council continued the public hearing to September 5, 2024; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the proposed levy of the special taxes within the Community Facilities District to finance the improvements and services described in Resolution No. 2024-47 and the proposed issuanc e of bonded indebtedness of the Community Facilities District were heard and a full and fair hearing was held; and WHEREAS, on September 5, 2024, following the close of the continued public hearing, the City Council adopted a resolution establishing the Community Facilities District (the “Resolution of Formation”) and a resolution de termining the necessity to incur bonded indebtedness of the District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on September 5, 2024 within the Community Facilities District on three propositions relating to the levying of special tax es, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, on September 5, 2024, a special election was held wit hin the Community Facilities District at which the qualified electors approved by more than a two -thirds vote Propositions A, B and C authorizing the levy of special tax es within the Community Facilities District for the purposes described in the Resolutio n of Intention and the issuance of bonded indebtedness for the Community Facilities District as described in the Resolution to Incur Bonded Indebtedness.

RETURN TO AGENDA

-2-

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (THE DISTRICT - CITY) OF THE CITY OF JURUPA VALLEY, ORDAINS AS FOLLOWS:

Section 1. The above recitals are all true and correct.

Section 2. By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2024-47, which rate and method of apportionment is incorporated by reference herein (the “Rate and Method”).

Section 3. The City Manager of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each year, or such later date as is permitt ed by law, to determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property within the Community Facilities District pursuant to the Rate and Method. The special tax rate s to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special taxes may be levied at a lower rate.

Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act, the Rate and Method and the boundary map for the Community Facilities District . No other properties or entities are exempt from the special tax es unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act.

Section 5. All of the collections of the special taxes pursuant to the Rate and Method shall be used as provided for in the Act and the Resolution of Formation. The special tax es shall be levied within the Community Facilities District only so long as needed for the purposes described in the Resolution of Formation.

Section 6. The special taxes levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the Community Facilities District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax.

-3-
Section 8. This Ordinance relating to the levy of the special tax es within the Community Facilities District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.

Section 9. The City Clerk is hereby authorized to perform all acts, which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Juru pa Valley on this 19th day of September, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

-4-

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 Ordinance No. 2024 -17 was regularly introduced at a regular meeting of the City Council held on the 5th day of September, 2024 and thereafter at a regular meeting held on the 19th day of September, 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 19th day of September, 2024

Victoria Wasko, City Clerk
City of Jurupa Valley

AGENDA ITEM NO 12.C
-1-
ORDINANCE NO. 2024-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2024-2 (THE DISTRICT - FACILITIES) OF THE

CITY OF JURUPA VALLEY AUTHORIZING THE LEVY OF

SPECIAL TAXES WITHIN THE DISTRICT
WHEREAS, on June 27, 2024 , the City Council (the “City Council”) of the City of Jurupa Valley (the “City”) adopted Resolution No. 2024-88 declaring its intention to form Community Facilities District No. 2024-2 (The District - Facilities) of the City of Jurupa Valley (the “Community Facilities District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and adopted Resolution No. 2024-89 declaring its intention to incur bonded indebtedness of the Community Facilities District; and
WHEREAS, on August 15, 2024 , after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Community Facilities District , the proposed levy of special tax es within the Community Facilities District to finance certain public improvements described in Resolution No. 2024-89 and to secure the payment of any bonded indebtedness of the Community Facilities District, and the proposed issuance of up to $45,000,000 of bonded indebtedness. At its August 15, 2024 meeting, the City Council continued the public hearing to September 5, 2024; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District , the proposed levy of the special tax es within the Community Facilities District to finance the improvements described in Resolution No. 2024-88 and the proposed issuance of bonded indebtedness of the Community Facilities District were heard and a full and fair hearing was held; and
WHEREAS, on September 5, 2024, following the close of the continued public hearing, the City Council adopted a resolution establishing the Community Facilities District (the “Resolution of Formation”) and a resolution determining the necessit y to incur bonded indebtedness of the District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on August 15, 2024 within the Community Facilities District on three propositions relating to the levying of special tax es, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, on September 5, 2024 , a special election was held within the Community Facilities District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of special tax es within the Community Facilities District for the purposes described in the Resolution of Intention and the issuance of bo nded indebtedness for the Community Facilities District as described in the Resolution to Incur Bonded Indebtedness.

RETURN TO AGENDA

-2-

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DIST RICT NO. 2024-2 (THE DISTRICT - FACILITIES) OF THE CITY OF JURUPA VALLEY, ORDAINS AS FOLLOWS:

Section 1. The above recitals are all true and correct.

Section 2. By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2024-89, which rate and method of apportionment is incorporated by reference herein (the “Rate and Method”).

Section 3. The City Manager of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each year, or such later date as is permitted by law, to determine the specific special tax rates and am ounts to be levied for the next ensuing fiscal year for each parcel of real property within the Community Facilities District pursuant to the Rate and Method. The special tax rates to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special taxes may be levied at a lower rate.

Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes, except as otherwise provided in Sections 53 317.3 and 53317.5 of the Act , the Rate and Method and the boundary map for the Community Facilities District. No other properties or entities are exempt from the special tax es unless the properties or entities are expressly exempted in the Resolution of F ormation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act.

Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the Community Facilities District , together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax.

Section 8. This Ordinance relating to the levy of the special tax es within the Community Facilities District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.

-3-
Section 9. The City Clerk is hereby authorized to perform all acts , which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of September, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk

-4-
4866-2319-6876v2/202017-0001

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 Ordinance No. 2024 -18 was regularly introduced at a regular meeting of the City Council held on the 5th day of September, 2024 and thereafter at a regular meeting held on the 19th day of September, 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 19th day of September, 2024

Victoria Wasko, City Clerk
City of Jurupa Valley

AGENDA ITEM NO 12.D
ORDINANCE NO. 2024-20

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024-007 (PUBLIC SAFETY, TROY

COURT) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
RECITALS:

WHEREAS, The City Council of the City of Jurupa Valley (the "City Council"), has previously adopted Resolution No. 2024-74 entitled "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 2024-007 (Public Safety, Troy Court) and to authorize the levy of a Special Tax within City of Jurupa Valley Community Facilities District No. PS 2024-007 (Public Safety, Troy Court)" (the "Resolution of Intention"), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2024-007 (Public Safety, Troy Court) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain services (the "Services") including incidental expenses, to serve the CFD; and WHEREAS, the Resolution of Intention set September 5, 2024, at 7:00 p.m., or as soo n thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the "Rate and Method"); and WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Co uncil on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community Facilities District No. P S 2024-007 (Public Safety, Troy Court), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and

RETURN TO AGENDA
-2-

WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2024-007 (Public Safety, Troy Court ) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District" (the "Resolution Calling Election") which called a special election of the qualified electors within the CFD; and

WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the "Special Tax") within the CFD; and

WHEREAS, on September 5 , 2024, the City Council adopted a resolution entitled "Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2024-007 (Public Safety, Troy Court) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election") which certified the results of the September 5 , 2024 election conducted by the City Clerk, which results showed that more than two -thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

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

1. Recitals Correct. The foregoing recitals are true and correct.

2. Authorization of the Levy of a Special Tax . By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.

3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such oth er date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

4. Exempt Property . Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other propertie s or entities that are expressly exempted from the levy of the Special Tax.

5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation. -3-

6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council . In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.

7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Juru pa Valley on this 19th day of September, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
-4-

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 Ordinance No. 2024-20 was regularly introduced at a regular meeting of the City Council held on the 5th day of September, 2024 and thereafter at a regular meeting held on the 19th day of September, 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 19th day of September, 2024.

Victoria Wasko, City Clerk
City of Jurupa Valley
-1-
AGENDA ITEM NO 12.E
ORDINANCE NO. 2024-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022-003 (PUBLIC SAFETY,

SEQUANOTA HEIGHTS ) AUTHORIZING THE LEVY OF A SP ECIAL

TAX THEREIN
RECITALS:

WHEREAS, The City Council of the City of Jurupa Valley (the "City Council"), has previously adopted Resolution No. 2024-80 entitled "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 2022-003 (Public Safety, Sequanota Heights) and to authorize the levy of a Special Tax within City Of Jurupa Valley Community Facilities District No. PS 2022-003 (Public Safety, Sequanota Heights)" (the "Resolution of Intention"), stating its intention to conduct proceedings to form City of Jurupa Valley Community Facilities District No. PS 2022-003 (Public Safety, Sequanota Heights) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain services (the "Services") including incidental expenses, to serve the CFD; and WHEREAS, the Resolution of Intention set September 5, 2024, at 7:00 p.m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed Rate and Method of Apportionment of the special tax within the CFD (the "Rate and Method"); and
WHEREAS, a notice of public hearing was published and mailed to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, eviden ce was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Jurupa Valley, California, to Establish City of Jurupa Valley Community F acilities District No. P S 2022-003 (Public Safety, Sequanota Heights), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and

RETURN TO AGENDA
-2-
AGENDA ITEM NO 12.E

WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "Resolution of the City Council of the City of Jurupa Valley Calling a Special Election and Submitting to the Qualified Electors of City of Jurupa Valley Community Facilities District No. PS 2022-003 (Public Safety, Sequanota Heights) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District" (the "Resolution Calling Election") which called a special election of the qualified electors within the CFD; and

WHEREAS, on September 5 , 2024, the City Council adopted a resolution entitled "Resolution of the City Council of the City of Jurupa Valley Declaring the Results of a Special Election in the City of Jurupa Valley Community Facilities District No. PS 2022-003 (Public Safety, Sequanota Heights) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election") which certified the results of the September 5, 2024 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

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

1. Recitals Correct. The foregoing recitals are true and correct.

3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so -3-
AGENDA ITEM NO 12.E

long as needed for the purposes as described in the Resolution of Formation.

6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.

7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of September, 2024.

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
AGENDA ITEM NO 12.E

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 Ordinance No. 2024-22 was regularly introduced at a regular meeting of the City Council held on the 5th day of September, 2024 and thereafter at a regular meeting held on the 19th day of September, 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 19th day of September, 2024.

Victoria Wasko, City Clerk
City of Jurupa Valley
AGENDA ITEM NO 12.F
-1-
ORDINANCE NO. 2024-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THAT CERTAIN “ DEVELOPMENT

AGREEMENT BY AND BETWEE N THE CITY OF JURUPA VALLEY,

CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY

COMPANY, RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED

LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY”

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

Section 1. Project. Richmond Planned Communities, Inc. (the “Applicant”) has applied Master Application No. MA 16045 consisting of: 1) General Plan Amendment No. 1600; 2) Specific Plan No. 16001 replacing the existing Rio Vista Specific Plan No. 243 that was adopted by the County of Riverside with new land planning areas, objective design and development standards and development plans; 3) Development Agreement No. 16001 ; and 4) Tentative Tract Map Nos. 37074 and 38639 to allow the development of up to 1,697 new residential units on 204.4 acres, 1,269,774 square feet of light industrial land use on 58.3 acres, 1,428,768 square feet of business park land use on 82 acres, 510 .8 acres of natural open space,

14.3 acres of park and recreational amenities and 13.4 acres of public school site (the “Project” or “MA 16045”). The Project site consists of approximately 917.3 acres and is located north of State Route (SR) 60, between Armstrong Road and Rubidoux Boulevard.

Section 2. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for MA 16045 was processed including, but not limited to, a public notice in the time and manner prescribed by State law and Jurupa Valley Municipal Code. (b) On June 26, 2024, the Planning Commission of the City of Jurupa Valley held a public hearing on MA No. 16045 at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters . The Planning Commission hearing was subsequently continued to July 10, 2024 and July 24, 2024 where staff, the Applicant, and the public had an opportunity and did address the Planning Commission regarding the project. Following the receipt of public testimony on July 24, 2024, the Planning Commission closed the public hearing, and voted 4 -1 to adopt Resolution No. PC -2024-15 recommending that the City Council approve the Project. (c) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.

Res. Code § 21000 et seq.) and the State CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that an Environmental Impact Repo rt (“EIR”) should be prepared. An EIR was prepared (SCH # 2022120318) for the Pr oject and its impacts analyzed therein.

RETURN TO AGENDA
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(d) On August 15, 2024, the City Council of the City of Jurupa Valley opened the public hearing and continued the hearing to September 5, 2024. On September 5, 2024 the City Council held a duly noticed public hear ing at which the City Council considered MA 16045, including : 1) the EIR, Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations for MA 16045; 2) Development Agreement No. 16001; 3) General Plan Amendment No. 16001; 4) Specific Plan (SP 16001); and 5) Tentative Tract Map Nos. 37074 and 38639. During the public hearing all interested persons had an opportunity to and did testify either in support or in opposition to MA 16045 . The City Council considered all the testimony and any comments received regarding MA 16045 prior to prior to adopting the Resolutions and this Ordinance.
1) Following the public hearing, the City Co uncil adopted Resolution No. 2024-102, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS,

AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A

MITIGATION MONITORING AND REPORTIN G PROGRAM FOR GENERAL PLAN AMENDMENT NO. 16001, SPECIFIC PLAN (SP16001), A DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF JURUPA VALLEY, CANADIAN PACIFIC LAND, LLC,

A FLORIDA LIMITED LIABILITY COMPANY, RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND TENTATIVE TRACT MAP NOS. 37074 AND 38639 TO PERMIT THE DEVELOPMENT OF UP TO 1,697 NEW RESIDENTIAL UNITS, 1,269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,76 8 SQUARE FEET OF BUSINESS PARK LAND USE, 510.8 ACRES OF NATURAL OPEN SPACE, 14.3 ACRES OF PARK AND RECREATION AL AMENITIES, AND 13.4 ACRES FOR A PUBLIC SCHOOL SITE GENERALLY LOCATED NORTH OF STATE ROUTE 60, BETWEEN ARMSTRONG ROAD AND RUBIDOUX BOULEVARD (RIO VISTA PROJECT).”
2) Following the public hearing, the City Council adop ted Resolution No. 2024 -103, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING GENERAL PLAN AMENDMENT NO. 16001, ADOPTING SPECIFIC PLAN (SP16001) AND REPEALING SPECIFIC PLAN NO. 243, AND APPROVING TENTATIVE TRACT MAP NOS. 37074 AND 38639 TO PERMIT THE DEVELOPMENT OF UP TO 1,697 NEW RESIDENTIAL UNITS, 1,269,774 SQUARE FEET OF LIGHT INDUSTRIAL LAND USE, 1,428,76 8 SQUARE FEET OF BUSINESS PARK LAND USE, 510.8 ACRES OF NATURAL OPEN SPACE; 14.3 ACRES OF PARK AND RECREATIONAL AMENITIES AND 13.4 ACRES FOR A PUBLIC SCHOOL SITE GENERALLY LOCATED NORTH OF STATE ROUTE 60, BETWEEN ARMSTRONG ROAD AND RUBIDOUX BOULEVARD (RIO VISTA PROJECT).”
(e) Custodian of Records. The City Clerk of the City of Jurupa Valley is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, California, 92509. (f) All legal preconditions to the adoption of this Ordinance have occurred. -3-

Section 3. Development Agreement.
(a) Canadian P acific Land, LLC, a Florida limited liability company, RMD Inland Investors, LLC, a Delaware limited liability company, and MV Avalon, LLC, a California limited liability company (“Owners”) are seeking approval of Development Agreement No. 16001, which agreement would provide: (i) the Owners with assurance that development of the Project may proceed subject to the Project Approvals, rules and regulations in effect at the time of Project approval, and (ii) the City with assurance that certain obligations of the Owner’s will be met. MV Avalon, LLC, owns PA 7 as describe in the Specific Plan and Canadian Pacific Land, LLC, a Florida limited liability company and RMD Inland Investors, LLC, a Delaware limited liability company owns the remainder of the Project Site.
(b) California Government Code Sections 65864 -65869.5 (the “Development Agreement Act”) authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.
(c) Section 65867 of the Development Agreement Act provides that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Government Code Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
(d) Section 65867.5(b) of the Developme nt Agreement Act provides that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. Section 65867.5(b) of the Developme nt Agreement Act provides that a Development Agreement that includes a subdivision as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7.

Section 4. Findings for Approval of Development Agreement . In approving Development Agreement No. 16001, the Jurupa Valley City Council hereby makes the following findings:
(a) Development Agreement No. 16001 is consistent with the City’s General Plan including the goals and objectives thereof and each element thereof, in that the Development Agreement would obligate the applicant to contribute Community Benefit payments of over $21,926,000 (net present value) for the enhancement or construction of public facilities, maintenance of infrastructure, supplement public safety, and contribute to general municipal services.
(b) Development Agreement No. 16001 is consistent with the General Plan, as amended, in that it allows for the development of up to 1,697 residential dwelling units at the density ranges allowed under the General Plan, as amended, and furthers the following goals in the General Plan:
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1) LUE -1 Encourages attractive, safe, and well-maintained residential neighborhoods that offer a range of high quality housing opportunities that “fit” the community in which they are to be located; and
2) LUE 4 The Specific Plan inc reases the amount of natural open space, with provides trails with views and promotes the preservation of natural habitats, including the area around the Palmers Oak.
3) LUE 3.12 Industrial and Business Park Development, the Rio Vista Specific Plan includes Industrial and Business Park planning areas that allows new industrial, manufacturing, research and development uses.
4) HE 1.1: Meeting the Regional Housing Needs Allocation by providing sufficient land at appropriate densities.
5) HE 1.2: Promoting affordable housing by including land use and standards that allow up to 25 units per acre in the HHDR designation. 6) HE 1.4: The Specific Plan encourages housing diversity by incorporating various residential land use densities, ranging from Very Low to Highest Densit y Residential, to meet community needs.
(c) Development Agreement No. 16001 is consistent with Specific Plan No. 16001 in that:
1) Development Agreement No. 16001 establishes a mechanism for the construction of infrastructure and other public improvements identified in the Specific Plan. 2) The Development Agreement No. 16001 assures that the City will receive certain benefits and improvements that were established to implement goals and objectives of the Specific Plan No. 16001.
(d) Section 65867.5(b) of the Developme nt Agreement Act provides that a Development Agreement that includes a subdivision as defined in Government Code Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7. The project includes the proposed construction of up to 1,697 units, and as such meets the definition of a subdivision under Government Code Section 66473.7. As such, the Development Agreement requires that any tentative map prepared for the subdivision comply with Government Code Section 66473.7. (e) The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following:
1) Provisions in Section 9 requiring periodic review at least every twelve months, at which time the Owner shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). -5-

2) Duration of the Development Agreement, as specified in Section

3.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3) The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes are set forth in Title 7, Subdivisions of the Jurupa Valley Municipal Code, and Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code which is part of the Project Approvals and Applicable Regulations incorporated into the Development Agreement by Sections 2.21 and 4 thereof and vested by the Development Agreement pursuant to Section 4 (Government Code Section 65865.2).
4) Section 4.11 of the Development Agreement provides that any tentative map prepared for the subdivision shall comply with Government Code Section 66473.7 by imposing a condition that sufficient water supply be available to service the residential subdivisions (Government Section 65867.5(c)).
5) Terms and conditions in the Project Approvals and the Development Agreement, require the Owners to construct all necessary public improvements necessary to access and improve the Property for the proposed uses (Government Code Section 65865.2).
(b) Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council finds and determines that:
1) The Development Agreement provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to la nd development and usage in order to maintain the overall quality of life and the environment within City; 2) The Development Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of City and its residents; 3) Adopting the Development Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and
4) The Development Agreement is being entered into pursua nt to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.

Section 5. Approval of Development Agreement . The City Council of the City of Jurupa Valley hereby:
(a) Approves Development Agreement No. 16001 entitled “DEVELOPMENT

AGREEMENT BY AND BETWE EN THE CITY OF JURUPA VALLEY, CANADIAN

PACIFIC LAND, LLC , A FLORIDA LIMITED LIABILITY COMPANY, RMD INLAND

INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND MV AVALON, LLC, A CALIFORNIA LIMITED LIABILITY C OMPANY” in the substantially the form submitted to the City Council and authorizes the Mayor to execute the Development Agr eement -6-

on behalf of the City. The City Council hereby authorizes the City Manager to make minor, non- substantive changes to the Development Agreement prior to signature by the Mayor. 1) Upon execution by all parties, an original copy shall be kept on file in the City Clerk’s Office.
2) The City Clerk is directed to record this Development Agreement in the Official Records of the County of Riverside within ten (10) days of the effective date of this Ordinance.
(b) The City Council’s approval of Development Agreement No. 16001 shall only take effect if General Plan Amendment No. 16001, Specific Plan No. 16001, and Tentative Tract Map Nos. 37074 and 38639 are adopted by the City Council.

Section 6. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions o f this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 7. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take eff ect 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 19th day of September, 2024.

______________________________
Guillermo Silva
Mayor
ATTEST:

_______________________________
Victoria Wasko, CMC
City Clerk

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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 Ordinance No. 2024 -23 was regularly introduced at a regular meeting of the City Council held on the 5th day of September, 2024 and thereafter at a regular meeting held on the 19th day of September, 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 19th day of September, 2024

Victoria Wasko, City Clerk
City of Jurupa Valley

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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley CA 92509
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Sections 6103, 27383 and 27388.1 (Space above for recorder’s use)

DEVELOPMENT AGREEMENT

BY AND BETWEEN
THE

CITY OF JURUPA VALLEY

CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY COMPANY,

AND RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED LIABILITY

COMPANY
AND

MV AVALON LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into and dated as of September 5, 2024, by and between the CITY OF JURUPA VALLEY, a California municipal corporation and general law city existing under the Constitution of the State of the California (“City”), CANADIAN PACIFIC LAND, LLC, a Florida limited liability company, and RMD INLAND INVESTORS, LLC, a Delaware limited liability company(collectively, “Richland”), and MV AVALON LLC, a California limited liability company (“Monte Vista”) pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the “Development Agreement Legislation”) and Article XI, Section 2 of the California Constitution.

City and Owners are occasionally referred to in this Agreement collectively as the “Parties,” and individually as “Party.” Pursuant to the authority contained in the Development Agreement Legislation, as it applies to the City, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the recitals set forth in Section 1, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows:

1. RECITALS. This Agreement is made for the following purposes and with respect to the following facts, which the Parties agree are true and correct:

1.1 The Development Agreement Legislation authorizes City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property for the following purposes:

1.1.1 Ensuring high quality development in accordance with comprehensive plans;

1.1.2 Reducing uncertainty in the development approval process that might otherwise result in a waste of resources, discourage investment, and escalate the cost of development to the consumer;

1.1.3 Strengthening City’s comprehensive planning process to provide for the most efficient use of public and private resources by encouraging private participation in the comprehensive planning process;

1.1.4 Assuring Owners of land that upon approval, they may proceed with their development projects in accordance with defined policies, rules, regulations, and conditions of approval; and

1.1.5 Providing for the financing and/or construction of necessary public facilities and services.

1.2 The property that is the subject of this Agreement is approximately 917.3 acres in size, is generally located north of State Route (SR) 60, between Armstrong Road and Rubidoux Boulevard and is described on Exhibit ”A” and depicted on Exhibit ”B” attached hereto (the “Property”).

1.3 The Property is subject to the Project Approvals and Applicable Regulations defined in Sections 2.21 and 2.2, respectively, of this Agreement.

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1.4 In addition to the general purposes stated above, the following are among the considerations supporting this Agreement:

1.4.1 This Agreement will provide for the Parties: (a) a high quality development on the Property subject to this Agreement; (b) certainty in the type of development to be undertaken on the Property; and (c) the assurance of adequate public facilities and services to ensure the good of the community regardless of City’s legal authority to impose such requirements under constitutional or statutory authority.

1.4.2 For City, this Agreement serves to provide for: (a) employment growth anticipated to result from the Development of the Property, both during construction and use; (b) an increase in tax revenues anticipated to result from the Development of the Property; (c) a stimulant to economic growth in the community surrounding the Property; and (d) the achievement of the goals and directives of its General Plan.

1.4.3 The development of new commercial buildings, associated office space and residential uses is an integral part of Owners’ development plans for the Property.

Such facilities are expected to bring employment and increased tax revenue for City.

1.5 The Parties desire to enter into a binding agreement for purposes of:
(i) identifying the terms, conditions, and regulations for the Development of the Property; (ii) identifying Owners’ obligations to make certain Community Benefit Contribution, as defined in Section 2.10, and design, construct and install Public Improvements, on the terms and conditions set forth in this Agreement.

1.6 Owners desire to develop the Property in accordance with the provisions of this Agreement, the Applicable Regulations, and the regulations of those other agencies exercising jurisdiction over the Property.

1.7 Owners have applied for, and City has approved, this Agreement in order to create beneficial development of the Property and a physical environment that will conform to and complement City’s goals, create development sensitive to human needs and values, facilitate efficient traffic circulation, and otherwise provide for the Development of the Property in accordance with City’s best interests.

1.8 The City Council has determined that this Agreement is consistent with City’s General Plan and each element thereof, including, without limitation, the goals and objectives thereof.

1.9 The following actions have been taken with respect to this Agreement and the Development:

1.9.1 On July 27, 2024, following a duly noticed and conducted public hearing, the Planning Commission recommended that the City Council approve this Agreement and the Development.

1.9.2 On September 5, 2024, after a duly noticed public hearing, the City Council adopted the following Resolutions approving certain land use entitlements for the Development: (1) Resolution No. 2024-102, Certifying the Environmental Impact Report; and (2) Resolution No. 2024-103, approving General Plan Amendment No. 16001 (GPA No. 16001), Draft: 9-8-24
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approving the Rio Vista Specific Plan (SP 16001), repealing Specific Plan No. 243, and approving Tentative Tract Map (TTM) Nos. 37074 and 38639. Copies of the Resolutions are on file in the City Clerk’s Office at City Hall. The Resolutions contain findings pertaining thereto, including those relating to the CEQA documentation for the Development.

1.9.3 On September 5, 2024, following a duly noticed public hearing, the City Council introduced Ordinance No. 2024-23 and on September 19, 2024, held the second reading and adopted Ordinance No. 2024-23, approving this Agreement, a copy of which is on file in the City Clerk’s Office at City Hall, which Ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Development and this Agreement’s consistency with City’s General Plan and each element thereof and any specific plans relating to the Property.

1.10 All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.

1.11 City has engaged in extensive studies and review of the potential impacts of the Development, as well as the various potential benefits to City by the Development, and has concluded that the Development is in City’s best interests. In consideration of the Public Improvements to be provided by Owners to City, and in order to strengthen the planning process for the Property and to reduce the economic costs of Development of the Property, City intends to give Owners assurance that Owners can proceed with the Development of the Property in accordance with the Project Approvals and the City’s Applicable Regulations. In reliance on City’s covenants in this Agreement concerning the Development of the Property, Owners have and will in the future incur substantial front-loaded costs in site preparation and construction of infrastructure and facilities in order to develop the Property.

1.12 Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement implements the goals and policies of City’s General Plan, including each element thereof; (ii) provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (iii) this Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of City and its residents; (iv) adopting this Agreement is consistent with City’s General Plan, and each element thereof and any applicable specific plan, and constitutes a present exercise of City’s police power; and (v) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 of the Development Agreement Legislation.

2. DEFINITIONS. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized when used in this Agreement. The defined terms include the following:

2.1 “Agreement” means this Development Agreement.

2.2 “Applicable Regulations” is defined in Section 4.1.3 of this Agreement.

2.3 “Authorizing Ordinance” means Ordinance No. 2024-23 adopted by City on September 19, 2024 approving this Agreement.

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2.4 [Intentionally deleted.]

2.5 “CEQA” means the California Environmental Quality Act (Cal. Pub.

Resources Code, § 21000 et seq.)

2.6 “City” means the City of Jurupa Valley, a California general law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies, and departments.

2.7 “CFD” means a community facilities district established pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov. Code §§ 53311-53368).

2.8 “City Council” means the City Council of City.

2.9 “City Manager” means the City Manager of City.

2.10 “Community Benefit Contribution” or “CBC” means the payments described in Section 5.6 of this Agreement.

2.11 “Community Facilities District Policy” means the “Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982” adopted by City Council Resolution No. 2014-03 on February 6, 2014.

2.12 “Development” means the improvement of the Property for the purposes consistent with this Agreement and the Project Approvals, including, without limitation, demolition, remediation, grading, the construction of infrastructure and public facilities related to the on-site improvements, the construction of structures and buildings, and the installation of landscaping subject to the Project Approvals.

2.13 “Development Agreement Legislation” means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.

2.14 “Effective Date” means the date that this Agreement becomes effective in accordance with Section 3.2 of this Agreement.

2.15 “End User” means the Owners of a lot on the Property where: (i) the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) a certificate of occupancy has been issued for a building on such lot. Notwithstanding the foregoing, the obligations of Sections 5 and 6 of this Agreement shall survive termination as to such End Users.

2.16 “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan and related amendments and approvals associated therewith.

2.17 “Multi-Family Residential Units--Medium Density” means attached or detached residential units that are on a parcel in which the density is more than eight (8) units per acre and less than twenty three (23) units per acre as designated in the Project Approvals.

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2.18 “Multi-Family Residential Units--High Density” means attached or detached residential units that are on a parcel in which the density is twenty three (23) units or more per acre as designated in the Project Approvals.

2.19 “Owners”

2.19.1 The Property is owned by two entities: (1) Canadian Pacific Land, LLC, a Florida limited liability company, and RMD Inland Investors, LLC, a Delaware limited liability company, as tenants in common - Canadian Pacific Land, LLC, as to an undivided fifty percent (50%) interest, and RMD Inland Investors, LLC, as to an undivided fifty (50%) interest (collectively, “Richland”);and (2) MV Avalon LLC, a California limited liability company (“Monte Vista”). The Applicant for the Project Approvals is Richland Planned Communities, Inc., a California corporation. Canadian Pacific Land, LLC and RMD Inland Investors, LLC are affiliated entities of Richland Planned Communities. Inc.

2.19.2 Monte Vista owns that portion of the Property known as PA 7 as designated on the Specific Plan (as defined in Section 2.27) and is described on Exhibit ”A-1” and depicted on Exhibit ”B,” attached hereto (the “Monte Vista Property”).

2.19.3 Richland owns all of the Property except for the Monte Vista Property (“the Richland Property”). Canadian Pacific Land, LLC and RMD Inland Investors, LLC own all of the Richland Property as tenants in common - Canadian Pacific Land, LLC, as to an undivided fifty percent (50%) interest, and RMD Inland Investors, LLC, as to an undivided fifty (50%) interest.

2.19.4 As used in this Agreement, “Owners” means both Richland and Monte Vista and “Owner” means Richland or Monte Vista as designated in portions of the Agreement.

2.19.5 Canadian Pacific Land, LLC, a Florida limited liability company, RMD Inland Investors, LLC, a Delaware limited liability company, and MV Avalon LLC, a California limited liability company, shall be jointly and severally liable for all obligations of the Owners as provided in the Project Approvals, Subsequent Project Approvals, and this Agreement. It shall be the obligations of Canadian Pacific Land, LLC, RMD Inland Investors, LLC, and MV Avalon LLC, as Owners to enter into such agreements between themselves allocating the responsibilities for compliance with the Agreement, Project Approvals and Subsequent Project Approvals and costs of such compliance. City shall have no obligation to honor the terms of such private agreements between the Owners and shall have full authority to proceed against all or each of them, jointly or severally, to enforce the Owners’ obligations under this Agreement.

2.19.6 Richland and Monte Vista hereby designate Brian Hardy to act as the agent on behalf of the Owners with respect to all matters pertaining to the Owners’ obligations concerning this Agreement, including but not limited to, and all matters pertaining to the Public Improvements, subsequent land use applications, community facilities districts concerning the Project Approvals, Subsequent Project Approvals, and this Agreement. Richland and Monte Vista may change the agent pursuant to an Operating Memorandum pursuant to section 3.4.4 signed by Canadian Pacific Land, LLC, RMD Inland Investors, LLC, and MV Avalon LLC, as Owners.

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2.20 “Project” means Development of the Property in accordance with the Project Approvals, any Subsequent Project Approvals, and this Agreement, inclusive of the permitted uses and Applicable Regulations set forth in this Agreement. Upon their approval, all Subsequent Project Approvals shall be included within this Agreement’s definition of the Project Approvals and the Project, and therefore shall be automatically vested pursuant to Section 4 of this Agreement.

2.21 “Project Approvals” means all City approvals or entitlements, or both, pertaining to the Project, including, without limitation, the following resolutions and ordinances approving certain entitlements for the Project: (1) Resolution No. 2024-102, Certifying the Environmental Impact Report; (2) Resolution No. 2024-103, approving General Plan Amendment No. GPA No. 16001, adopting the Rio Vista Specific Plan (SP 16001), repealing Specific Plan No. 243, and adopting Tentative Tract Map Nos. 37074 and 38639; and (3) Ordinance No. 2024-23, approving this Agreement.

2.22 “Property” means the real property described in Exhibit ”A” and depicted on Exhibit ”B”.

2.23 “Public Improvements” means the improvements described in the Project Approvals.

2.24 “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Owners under this Agreement and reserved to City under Section 4.2 of this Agreement.

2.25 “Single-Family Residential Unit” means attached or detached residential units that are on a parcel in which the density is eight (8) units or less per acre as designated in the Project Approvals.

2.26 “Site Map” means the drawing of the Property in its condition as of the Effective Date, attached to this Agreement as Exhibit ”B”.

2.27 “Specific Plan” means the Rio Vista Specific Plan adopted by Resolution No. 2024-103 as part of the Project Approvals.

2.28 “Subsequent Project Approvals” means those Project Approvals issued subsequent to the Effective Date in connection with the Development of the Property.

2.29 “Subsequent Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, and official written policies of City adopted and effective after the Effective Date governing the Development and use of the Property.

2.30 “Term” is defined in Section 3.3 of this Agreement.

2.31 “Transferee” means the person to whom Owners sells, assigns, or otherwise transfers all or any portion of Owners’ interests in the Property together with all its right, title, and interest in this Agreement in accordance with Section 12 of this Agreement.

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3. GENERAL TERMS.

3.1 Binding Effect of Agreement. From and following the Effective Date, the Development, and City actions on applications for Subsequent Project Approvals affecting the Property, shall be subject to the terms and provisions of this Agreement. The provisions of this Agreement, to the extent permitted by law, constitute covenants that shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties.

3.2 Effective Date. This Agreement, and the obligations of the Parties to this Agreement, shall be effective on the date that Ordinance No. 2024-23 approving this Agreement becomes effective (the “Effective Date”). The Parties shall approve an operating memorandum pursuant to Section 3.4.4 confirming the Effective Date of this Agreement.

3.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for twenty (20) consecutive calendar years thereafter (the “Term”), unless Term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties after the satisfaction of all applicable public hearing and related procedural requirements. Notwithstanding the provisions of this Section 3.3, the provisions of Sections 5 and 6 shall survive the expiration or termination of this Agreement.

3.4 Amendment of Agreement.

3.4.1 Initiation of Amendment. Any Party may propose an amendment to this Agreement and the Parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Development.

3.4.2 Procedure. Except as set forth in Section 3.4.4 of this Agreement, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.

3.4.3 Consent. Except as expressly provided in this Agreement, any amendment, including an extension of the Term, to this Agreement shall require the written consent of both Parties, in accordance with law. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the Parties.

3.4.4 Operating Memoranda. The Parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the Parties. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the Parties. Without limiting the types of changes or refinements where a formal amendment to this Agreement would not be required, the Parties agree that generally, any reduction in density or intensity of business park or industrial uses of the Property, but not residential uses, is appropriate to be documented in an operating memorandum. The operating memoranda may be approved on City’s behalf by the Draft: 9-8-24
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City Manager, or such person designated in writing by the City Manager, and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of each of the Owners. After execution of an operating memoranda it shall be attached to this Agreement as addenda and become a part of this Agreement. Unless otherwise required by law or by this Agreement, no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise.

3.4.5 Termination. Unless terminated earlier, pursuant to the terms of this Agreement, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term. The termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals.

3.4.6 Termination As to End Users. Notwithstanding any other provisions of this Agreement, this Agreement shall automatically terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (i) the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and the lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) a certificate of occupancy has been issued for a building on such lot. Notwithstanding the foregoing, the obligations of Sections 5 and 6 of this Agreement shall survive termination as to such users.

4. DEVELOPMENT OF THE PROPERTY.

4.1 Right to Develop.

4.1.1 Right to Develop. Owners shall have a vested right to develop the Property during the term of this Agreement in accordance with, and to the extent of, the Project Approvals, Subsequent Project Approvals, and this Agreement.

4.1.2 Effect of Agreement on Applicable Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the rate or timing of development, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development, shall be those contained in the Project Approvals and those Applicable Regulations not inconsistent with the Project Approvals which were in full force and effect as of the Effective Date of this Agreement.

4.1.3 Applicable Regulations. Except as otherwise specified in this Agreement and the Project Approvals, the following regulations shall govern the development of the Property (“Applicable Regulations”):

4.1.3.1 The provisions of the Jurupa Valley Municipal Code in effect as of the Effective Date of this Agreement pertaining to property development, including without limitation, Chapter 9.267, Inclusionary Housing Requirement and Affordable Housing In-Lieu Fee;
Draft: 9-8-24
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4.1.3.2 City ordinances and resolutions pertaining to property development in effect as of the Effective Date of this Agreement, and

4.1.3.3 The City’s General Plan, and each element thereof, in effect as of the Effective Date of this Agreement.

4.1.3.4 The City standards in effect as of the Effective Date of this Agreement for construction of City infrastructure improvements.

4.1.4 Subsequent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and City staff shall use their reasonable efforts to process such applications in an expeditious manner, taking into account City’s staffing levels, and all requisite development fees shall be calculated and paid at such time as payment for such fees is due and payable, for all or a portion of the Property. City further agrees that, unless otherwise requested by Owners, it shall not, without good cause as provided in this Agreement, amend or rescind any Subsequent Project Approvals respecting the Property after City has granted the same.

4.1.5 Development in Accordance with Agreement and Applicable Law.

Subject to the provisions of Section 4.4, if Owners proceeds with Development of the Project, Development shall proceed in accordance with this Agreement (including, without limitation, the Applicable Regulations and the Project Approvals) and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property.

4.1.6 Amendments to Project Approvals. It is contemplated by the Parties that Owners may, from time to time, seek amendments to one or more of the Project Approvals. In the event Owners finds that such an amendment is appropriate or desirable, Owners may apply in writing for an amendment to the Project Approvals to effectuate such change. The Parties acknowledge that City shall be permitted to use its sole and absolute discretion in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in evaluating requests of other Owners. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The City Community Development Director shall be empowered to issue amendments to Project Approvals if authorized by the Jurupa Valley Municipal Code. The Parties agree that any such approved amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

4.2 Reservation of Authority by City.

4.2.1 Limitations, Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:

4.2.1.1 Processing fees and charges of every kind and nature adopted by City pursuant to state law for costs related to City’s processing of applications for Project Approvals.

Draft: 9-8-24
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4.2.1.2 Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matters of procedure.

4.2.1.3 Changes adopted by the City Council in the California Building Code, California Historic Building Code, California Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Green Building Standards Code, California Referenced Standards Code, California Residential Code, International Property Maintenance Code and similar uniform codes as required by and in accordance with the authority granted to City under state law.

4.2.1.4 Except as otherwise authorized in this Section 4.2.1, regulations that are not in conflict with the Project Approvals and this Agreement. Regulations shall be deemed in conflict with the Project Approvals or this Agreement if the Regulations:
(i) alter or change any land use, including permitted or conditional uses, of the Property from that permitted under this Agreement and the Applicable Regulations; (ii) limit or reduce the height or bulk of any structures of the Project from that permitted under this Agreement and the Applicable Regulations; (iii) limit or reduce the density or intensity of the Project from that permitted under this Agreement and the Applicable Regulations; (iv) except as provided in this Agreement, materially increase (by an amount greater than 15%) the cost of performance of, or preclude compliance with, any provision of the Applicable Regulations or Project Approvals; (v) additional public improvements, mitigation measures, or any other additional conditions of approvals not already contained in the Project Approvals; (vi) limit or restrict the availability of public utilities, services, infrastructure or facilities to the Project; or (vii) require the issuance of additional permits or approvals by the City other than those required by the Applicable Regulations.

4.2.1.5 Regulations that are in conflict with the Project Approvals provided Owners has given written consent to the application of such regulations to the Development.

4.2.1.6 Federal, state, county, and multi-jurisdictional laws and regulations that preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Project Approvals.

4.2.1.7 Subsequent Land Use Regulations adopted by City in connection with any Subsequent Project Approvals, necessary to protect the imminent safety or health, or both, of the residents or occupants of the Property, or the residents or people of City, or both.

4.2.2 Future Discretion of City. Notwithstanding any other provision of this Section 4.2, this Agreement shall not prevent City, in acting on Subsequent Project Approvals, from denying or conditionally approving any Subsequent Project Approval on the basis of the Applicable Regulations or any Subsequent Land Use Regulations not in conflict with the Project Approvals.

4.2.3 Modification or Suspension by Federal, State, County, or Multi- Jurisdictional Law. In the event that Federal, State, County, or multi-jurisdictional laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or Draft: 9-8-24
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suspended as may be necessary to comply with such Federal, State, County, or multi- jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce.

4.2.4 Intent. City acknowledges that Owners have reasonably entered into this Agreement and may proceed with the Development of the Property on the assumption that City has adequately provided for the public health, safety and welfare through the Applicable Regulations. In the event that any future, unforeseen public health or safety emergency arises, City shall attempt to address such emergency in such a way as not to impact the Development in accordance with the Project Approvals, and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on the Development in accordance with the Project Approvals.

4.3 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by City may possess authority to regulate aspects of the Development, and this Agreement does not limit the authority of such other public agencies.

4.4 Timing of Development. Except as set forth in Agreement regardless of any future enactment, by initiative, or otherwise, Owners shall have the discretion to develop the Property, or not develop the Property, in one phase or in multiple phases at such times as Owners deems appropriate within the exercise of its sole and absolute business judgment. Specifically, City agrees that Owners shall be entitled to apply for and receive permits, maps, occupancy certificates, and other entitlements to develop and use the Property at any time, provided that such application is made in accordance with this Agreement and the Applicable Regulations. It is the intent of the Parties to cure the deficiency identified by the Supreme Court in Pardee Construction Company v. City of Camarillo, 37 Cal. 3d 465 (1984), which held the failure of a development agreement to specify the timing of development did not prevent a latter-enacted initiative from applying to the project approvals applicable to the development agreement in question in that case.

4.5 Vested Rights. By entering into this Agreement and relying thereon, Owners are obtaining the vested rights to proceed with the Development of the Property in accordance with the terms and conditions of this Agreement. By entering into this Agreement and relying thereon, City is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 1 of this Agreement.

4.6 No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other agency of City shall enact a rule, regulation, ordinance, or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.

4.6.1 Moratorium. It is the intent of the Parties that no moratorium or other limitation (whether relating to the Development of all or any part of the Development and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative, or final), site development permits, precise plans, site development plans, grading permits, building permits, occupancy certificates, or other entitlements to use approved, issued, or granted within City, or portions of City, shall apply to the Development to the extent such moratorium or other limitation would restrict Owners’ right to develop the Draft: 9-8-24
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Property as provided by this Agreement in such order and at such rate as Owners deems appropriate at its sole and absolute discretion, as provided by this Agreement. City shall reasonably cooperate with Owners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties hereby agree to reasonably cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. The filing of any third party lawsuit(s) against City or Owners relating to this Agreement, the Project Approvals or to other development issues affecting the Property shall not delay or stop the Development, processing, or construction of the Development, unless the third party obtains a court order preventing the activity.

4.6.2 Consistency Between this Agreement and Current Laws. City represents that at the Effective Date there are no rules, regulations, ordinances, policies, or other measures of City in force that would interfere with the Development and use of all or any part of the Property according this Agreement. In the event of any inconsistency between any Applicable Regulation, Development Approval, and this Agreement, the provisions of this Agreement shall control.

4.7 Amendments to Project Approvals. It is contemplated by the Parties that Owners may, from time to time, seek amendments to one or more of the Project Approvals. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

4.8 Further Assurances to Owners. The Parties further acknowledge that the public benefits to be provided by Owners to City pursuant to this Agreement are in consideration and reliance upon assurances that the Property can be developed in accordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Section 4.2 of this Agreement, Owners are concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations that might permit City, in violation of Section 4.2, to attempt to apply regulations that are inconsistent with the Project Approvals pursuant to the exercise of the authority and rights reserved and excepted as provided in Section 4.2 of this Agreement. Accordingly, Owners desires assurances that City shall not and City agrees that it shall not further restrict or limit the Development of the Property in violation of this Agreement except in strict accordance with the terms of this Agreement.

4.9 Acquisition of Right of Way for Public Improvements.

4.9.1 To the extent Owners does not have sufficient title or interest in the real property required for the construction or installation of a Public Improvement, Owners shall make a good faith effort to acquire the required property (“Required Property”) in a timeframe calculated to allow for the orderly Development of the Project. If, following this effort, Owners is unable to acquire the Required Property, Owners shall have the right, but not the obligation, to request that City acquire the Required Property pursuant to the provisions of Government Code Section 66462.5, which shall be applicable, regardless of whether Owners is applying for Draft: 9-8-24
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approval of a final map. City shall consider in good faith the acquisition of the Required Property pursuant to an acquisition agreement in substantially the form of Exhibit C (“Acquisition Agreement”), pursuant to the provisions of Government Code Section 66462.5 or Code of Civil Procedure Section 1230.010 and following, as the case may be, including proceedings for immediate possession of the Property pursuant to Code of Civil Procedure Section 1255.410 and following. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the property required for Off-Site Improvements.

4.9.2 In the event City delays or is unwilling or unable to acquire the Required Property, such conditions of approval shall be automatically deemed waived. The specific acquisition of Right of Way requiring public improvements shall be referenced in the Acquisition Agreement.

4.9.3 Both parties acknowledge and agree that acquisition of the Required Property in accordance with the California Eminent Domain Law, requires more time than the suggested timeframes of Government Code Section 66462.5 allow and therefore, the parties waive these time constraints and the Acquisition Agreement shall so provide. The parties further acknowledge and agree that City cannot exercise its power of eminent domain unless and until a Resolution of Necessity has been duly adopted by the City Council pursuant to law. This Agreement is neither a commitment nor the announcement of an intent by City to acquire any or all of the Required Property for the Public Improvements.

4.9.4 If Owners asks City and City agrees to acquire right-of-way through the use of its power of eminent domain, then Owners and City shall enter into an Acquisition Agreement pursuant to Government Code Section 66462.5 for each Public Improvement. Owners shall deposit with City the actual costs reasonably estimated by City for initiating such proceedings and each stage thereof. Notwithstanding the foregoing provisions of this Section 4.9. City shall not delay or refuse to issue any Future Development Approvals due to the failure or delay of the City to either (i) enter into the Acquisition Agreement; (ii) if necessary, failure to initiate or conclude an eminent domain proceeding, if such a proceeding is necessary to obtain the Required Property; or (iii) approve any improvement plans needed to construct any Public Improvement.

4.10 Term of Map(s) and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in the future may be processed for all or any portion of the Property and the term of each of the Project Approvals (including, without limitation, Future Development Approvals) shall be deemed extended without further required action for a period of time through the scheduled termination date of this Agreement as set forth in Section 3.3 above.

4.11 Requirement of Sufficient Water Supply for Residential Subdivisions.

Any and all tentative subdivision maps approved for the Project shall comply with Government Code section 66473.7, if, and to the extent, required by Government Code Section 65867.5.

5. IMPACT FEES.

5.1 Development Impact Fees. Owners shall pay all Development Impact Fees pursuant to Chapter 3.75 or other provisions of the Jurupa Valley Municipal Code (“DIF”).

The DIF in existence on the Effective Date at the rates on the Effective Date, shall be the sole DIF to be imposed on parcels within the Property for the first ten (10) years of the Term of this Draft: 9-8-24
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Agreement. The DIF during this ten year period is attached hereto as Exhibit ”D” to this Agreement. Thereafter, the DIF and rates of DIF shall be those in effect as of the date of issuance of each building permit for the Project or such other time as the DIF may be paid as required by law. The DIF shall apply only to the City’s DIF and not to the Transportation Uniform Mitigation Fees (“TUMF”), any similar regional impact fees described herein or to any other development impact fees imposed by another governmental agency not under the control, directly or indirectly, of the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owners shall be separately responsible for payment of any and all DIF in the amount shown in Exhibit ”D” or as required by this Section for that portion of the Property developed by such person or entity and shall not be responsible for payment of any DIF related to other portions of the Property. Owners shall be entitled to such credits as might be available pursuant to the terms of the DIF or other provisions of the Applicable Regulations and this Agreement. The financing of the acquisition of any Public Improvement through a CFD shall not preclude the grant of credits against any DIF otherwise available with respect to the Public Improvement pursuant to the Applicable Regulations and this Agreement.

5.2 TUMF Fees. Pursuant to Chapter 3.70 of the Jurupa Valley Municipal Code, the TUMF shall be imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law. Owners shall be entitled to such credits as might be available pursuant to the terms of Chapter 3.70 of the Jurupa Valley Municipal Code or the terms of the future allowable fees. Owners acknowledges and understands that TUMF is collected and administered by the Western Riverside Council of Governments and not by the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owners shall be separately responsible for payment of any and all TUMF for that portion of the Property developed by such person or entity and shall not be responsible for payment of any TUMF related to other portions of the Property.

5.3 MSHCP Fees. Pursuant to Chapter 3.80 of the Jurupa Valley Municipal Code, Western Riverside County Multi-Species Habitat Conservation Plan Fees (“MSHCP Fee”), the MSHCP Fee shall be imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law. Owners shall be entitled to such credits as might be available pursuant to the terms of Chapter 3.80 of the Jurupa Valley Municipal Code. Owners acknowledges and understands that the MSHCP Fee is administered by the Riverside Conservation Agency and not by the City. All persons or entities holding title or interest in any portion of the Property, including all successors and assigns of Owners shall be separately responsible for payment of any and all MSHCP Fee for that portion of the Property developed by such person or entity and shall not be responsible for payment of any MSHCP Fee related to other portions of the Property.

5.4 Other Regional Development Impact Fees. Owners shall pay other regional development impact fees, or any other development impact fees imposed by another governmental agency imposed upon Development within the Property at the rate in effect as of the date of issuance of each building permit for the Property or such other time as the fees may be paid as required by law.

Draft: 9-8-24
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5.5 Application/Processing Fees. Owners shall pay the application and processing fees for applications for entitlements and permits at the rate, and in the amount, imposed by City pursuant to the fee schedule, resolution, or ordinance in effect at the time the application is deemed complete and accepted by City for action, which fees are designed to reimburse City’s expenses attributable to processing such applications for entitlements, permits, or both.

5.6 Community Benefit Contributions. In consideration of the benefits received by Owners pursuant to the terms of this Agreement, Owners shall pay to City the following Community Benefit Contributions (“CBCs”):

5.6.1 General Municipal Services Contribution.

5.6.1.1 In partial consideration of the benefits provided to Owners under this Agreement and pursuant to the Project Approvals, Owners and its successors shall pay to the City a General Municipal Services Contribution of 1) one thousand dollars ($1,000) per unit Single Family Residential Unit, and 2) seven hundred dollars ($700) per unit for both Multi-Family Residential Units--Medium Density and Multi-Family Residential Units--High Density.

5.6.1.2 The one-time fees specified in this Section shall be payable prior to the issuance of a building permit for the unit (“Services Contribution CBC”).

5.6.1.3 The City may use the contribution for general municipal purposes in order to mitigate the fiscal impact of the Project upon general municipal services.

5.6.2 Annual Public Safety Benefit Contribution.

5.6.2.1 As established in Section 5.7 of this Agreement, upon the creation of the CFD and the levying of special taxes through the CFD, the CFD shall pay to the City an annual Public Safety Benefit Contribution in the initial amount of, subject to the provisions of this Section 5.6.2:

5.6.2.1.1 Three hundred forty three dollars
($343) per Single-Family Residential Unit;

5.6.2.1.2 Two hundred eight dollars ($208)
per Multi-Family Residential Unit--Medium Density;

5.6.2.1.3 One hundred twenty four dollars
($124) per Multi-Family Residential Unit--High Density;

5.6.2.1.4 Two and two tenths cents ($.022) per
square foot of the designated building area of all buildings constructed on Light Industrial property as designated in the Project Approvals;

5.6.2.1.5 Eight and four tenths cents ($.084)
per square foot of the designated building area of all buildings constructed on Business Park property as designated in the Project Approvals;

5.6.2.1.6 Seven cents ($.070) per square foot
of the designated building area of all buildings constructed on Other Non- Draft: 9-8-24
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residential property as designated in the Project Approvals. Public schools, public recreational facilities and other public facilities are exempt from this Public Safety Benefit Contribution.

5.6.2.2 No special tax shall be levied on undeveloped
property.

5.6.2.3 The Annual Public Safety Benefit Contribution may be used for the following services: (1) police protection services; (2) fire protection services; (3) ambulance and paramedic services; and (4) acquisition of land and construction of public safety facilities.

5.6.2.4 The first Public Safety Benefit Contribution shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Section 5.6.2 solely on parcels where a Certificate of Occupancy has been issued. Thereafter, the Public Safety Benefit Contribution shall be levied by the CFD on the property in perpetuity. Commencing July 1st of City’s second fiscal year in which the Public Safety Benefit Contribution is being levied by the CFD, and annually thereafter, the Public Safety Benefit Contribution amount shall automatically increase by the percentage change in the Consumer Price Index (All Urban Consumers; Riverside-San Bernardino-Ontario). The calculation of the percentage change in the Consumer Price Index shall be made using the month of May over the month of May in the prior year and shall have a minimum annual increase of two percent (2%) and a maximum annual increase of six percent (6%). The special tax for the Public Safety Benefit Contribution shall be designated by the CFD, and referred to herein as “Special Tax A” of the CFD.

5.6.3 Annual Facilities Benefit Contribution.

5.6.3.1 As established in Section 5.7, upon the creation of the CFD and the levying of special taxes through the CFD, the CFD shall pay to the City an Annual Facilities Benefit Contribution in the initial amount of, subject to the provisions of this Section

5.6.3:

5.6.3.1.1 Three hundred twenty dollars ($320) per
Single-Family Residential Unit;

5.6.3.1.2 Two hundred thirty dollars ($230) per Multi-
Family Residential Unit--Medium Density;

5.6.4.1.3 One hundred forty dollars ($140) per Multi-
Family Residential Unit--High Density; and

5.6.3.1.4 Three cents ($0.03) per square foot of the
designated building area of all buildings constructed on Business Park property, Light Industrial Logistics property, and Other Non-residential property as designated in the Project Approvals.

5.6.3.2 The Annual Facilities Benefit contribution would be used for the design and construction of public facilities for the City, including, but not limited, to Draft: 9-8-24
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those public facilities described on the City’s Capital Improvement Plan, as currently adopted or hereafter amended.

5.6.3.3 The first Facilities Benefit Contribution shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Section 5.6.3 above, solely on parcels where a Certificate of Occupancy has been issued.

Thereafter, the Facilities Benefit Contribution shall be levied by the CFD on each Parcel for a period of fifty (50) years from the date of the building permit issuance. Commencing July 1st of the City’s second fiscal year in which the Facilities Benefit Contribution is being levied by the CFD, and annually thereafter, the Facilities Benefit Contribution amount shall automatically increase by two percent (2.00%). The special tax for the Facilities Benefit Contribution shall be designated by the CFD, and referred to herein as “Special Tax B” of the CFD.

5.7 Community Facilities District--Community Benefit Contributions.

5.7.1 Owners acknowledges and agrees that the obligations described in Section 5.6 are required by the terms of the Development Approvals and Owners’ obligation to satisfy the obligations of Sections 5.6.2 and 5.6.3. Such obligations may be satisfied by the formation of one or more CFDs. If the City, or a City-controlled public entity, elects not to form the CFD described in this Section 5.7, then City acknowledges and agrees that the CBC established in Sections 5.6.2 and 5.6.3 shall not be imposed upon the Owners, any Transferee of Owners (as provided in Section 12 of this Agreement) or any End User of any portion of the Property. If the Owners fail to file a petition for a CFD or fails to vote in favor of the CFD as described in Section 5.7.2 and 5.7.3, or if the CFD is invalidated by a court of law or is subsequently repealed by the Owners, any Transferee of Owners (as provided in Section 12 of this Agreement) or any End User of any portion of the Property shall remain obligated to pay the CBC obligations of Section 5.6.2 and 5.6.3.

5.7.2 No public entity other than the City or a City-controlled public entity, may form a CFD for the CBCs.

5.7.3 Owners may satisfy its obligations concerning Sections 5.6.2 and

5.6.3 through (i) filing a Petition and Waiver with City to initiate formation of a CFD, or annexation to an appropriate CFD, if one already exists; (ii) voting in favor of such CFD; and (iii) paying all costs associated with the formation of, or annexation to, a CFD.

5.7.4 The City and Owners shall work cooperatively to complete the CFD within twelve (12) months following the date the Owners’ requests the formation of such CFD. City agrees to use reasonable efforts to develop and implement the CFD(s) subject to public hearing and election requirements of applicable State law.

5.7.5 The Maximum Special Tax for services shall be increased each fiscal year based on the increases in contributions described in Section 5.6.

5.7.6 The maximum effective tax rate for assessor’s parcels within each CFD for the Project, including those described in this Section 5.7 and Section 6.5 may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of formation of the CFD in accordance with the Community Facilities District Policy.

Draft: 9-8-24
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5.7.7 No building permit for any building within the Project Area shall be issued unless and until the Owners have fulfilled their obligations with respect to the formation of the CFD described in this Section 5.7.

5.8 Commercial Truck Enforcement.

5.8.1 Effective enforcement of the City’s Truck Ordinances is essential to the success of the Project and Richland and lessees of non-residential properties in the Project must take responsibility to ensure trucks servicing their buildings comply with the City’s Truck Ordinances.

5.8.2 As used in this section, “Truck Ordinances” shall mean those provisions of the Jurupa Valley Municipal Code regulating parking of and use of trucks on City streets, including but not limited to, Chapter 12.25, Parking Restrictions, and Section

12.35.020, Permissible Vehicle Weight on Streets, Roads, Highways, and Bridges; Truck Routes, as those provisions now exist or may hereafter be amended or modified.

5.8.3 City will fund commercial truck enforcement with incoming revenues from the Public Safety Benefit Contribution described in Section 5.6.3.

5.8.4 With respect to trucking companies and truck drivers providing transportation services to their respective properties, Richland, for itself, and all successors, assigns, and lessees of non-residential properties shall: 1) Notify all truck companies and truck drivers that they must comply with City’s Truck Ordinances through means and text approved by the Director of Community Development; 2) be jointly liable with trucking companies and truck drivers for violations of the City’s Truck Ordinances; and 3) be subject to administrative citations pursuant to Jurupa Valley Municipal Code Chapter 1.20, Administrative Penalties, and other applicable City remedies for violation of these provisions.

5.8.5 With respect to trucking companies and truck drivers providing transportation services to their respective properties, Richland, for itself, and all successors, assigns, and lessees of non-residential properties hereby consent to the City’s use of cameras and other technologies on public streets to identify truck or other vehicles originating from or traveling to non-residential properties within the Project that are in violation of the City’s Truck Ordinances.

5.9 City Right of First Refusal for Planning Area 14. City shall have the right of first refusal to purchase Planning Area 14 as shown on the Project Approvals in accordance with the terms set forth in Exhibit F, City Right of First Refusal Agreement for Planning Area

14. The term of this right of first refusal shall be for five (5) years following the date on which the Parties have fully-executed the Right of First Refusal Agreement (“Execution Date”).

Nothing in this Section 5.10 shall prevent Richland from selling Planning Area 14 within the first five years of the Execution Date, provided the City declines to exercise its right of first refusal.

The City Manager shall have authority to execute the Right of First Refusal Agreement and the Memorandum of Right of First Refusal Agreement on behalf of the City in substantially the forms attached hereto as Exhibit F. The City Manager is authorized to give notice of the City’s intent to purchase Planning Area 14, provided, however, that such notice does not obligate the City to purchase Planning Area 14 unless and until the City Council approves the purchase of Planning Area 14.

5.10 Owners Construction of Equestrian and/or Recreational Facilities.

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5.10.1 Owners shall, at their sole cost and expense, construct an Equestrian tie-up area and watering station at community park (Planning Area 18). The equestrian facilities described in this Section 5.10.1 shall be completed and open to the public prior to the issuance of the five hundredth (500th) building permit for the Richland Property.

5.10.2 Owners shall make payment to the Jurupa Area Recreation and Park District (JARPD) in the amount of three hundred twenty five thousand dollars ($325,000.00) for the improvement of new/existing parks and/or equestrian amenities and/or youth activities that directly impact the communities of Rubidoux and Sunnyslope prior to the issuance of the five hundredth (500th) building permit for the Richland property.

5.10.3 City shall not grant any building permits for the Project beyond the thresholds established in this Section 5.10 unless and until the equestrian facilities described in Section 5.10.1 are completed and open to the public and the contribution required by Section

5.10.2 has been made to the City.

5.11 Owners Contribution for Master Planning Activities for Rubidoux Area.

Owners shall make a one-time payment to the City of two hundred thousand dollars ($200,000.00) to be used by the City, in its sole discretion, for master planning activities in the Rubidoux Area (defined as District 4 as of the Effective Date), including but not limited to, the North Rubidoux Master Plan and the Downtown Rubidoux Master Plan. This payment shall be made to the City prior to the issuance of the first building permit for a residential unit on the Richland Property.

5.12 Administrative Fee. Owners shall pay to City a one-time administrative fee in the amount of fifty thousand dollars ($50,000) thirty (30) calendar days after the Effective Date of the of this Agreement.

6. OBLIGATIONS OF THE PARTIES.

6.1 Owners’ Obligation to Construct Public Improvements.

6.1.1 Except as provided in Section 6.2, Owners shall, at Owners’ sole cost and expense, design, construct, install, and finally complete the Public Improvements described in the Project Approvals to be dedicated or conveyed to a public agency (“Public Improvements”).

6.1.2 The design, construction, installation, and final completion of the Public Improvements shall be in conformance with the Applicable Regulations in effect on the Effective Date. The City Engineer shall approve, in writing, all Plans and Specifications for construction, installation, and final completion of the Public Improvements.

6.1.3 Except as otherwise provided in this Agreement, the Public Improvements shall be completed at such time as set forth in the Project Approvals.

6.1.4 The Parties shall enter into City’s standard subdivision improvement agreement, or an applicable modification thereof, for the completion of the Public Improvements.

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6.1.5 Owners and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws (to the extent applicable), including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations, and standards. Owners shall indemnify, defend, and hold the Indemnified Parties (as defined in Section 8.1) harmless from and against any cost, expense, claim, charge, or liability relating to or arising directly or indirectly from any breach by or failure of Owners or its contractor(s) or agents to comply with such laws, rules, regulations, and standards. Owners’ indemnity obligations set forth in this Section 6.1 shall survive the termination or expiration of this Agreement.

6.1.6 Maintenance of City Public Improvements. City shall maintain all City Public Improvements, pursuant to a maintenance CFD described in Section 6.3, unless City and Owners have entered into one or more Operating Memoranda pursuant to Section 3.4.4 designating Owners, or a property owners association formed by Owners (“POA”), to maintain a component of the City Public Improvements. Notwithstanding the foregoing, City shall maintain all flood control retention basins.

6.1.7 Maintenance of Public Improvements from Other Public Agencies.

The Project Approvals provide for the design and construction of public improvements for other public entities, including but not limited to Jurupa Area Parks and Recreation District, Jurupa Community Services District, and Riverside County Flood Control District. It shall be the responsibility of the Owners to meet with such other public entities and determine their respective maintenance responsibilities.

6.2 Easements. City shall grant such easements over City property as are reasonably needed for the Development of the Property provided such easements do not impede or interfere with public services provided on such properties. Owners shall grant to City such easements over its property as are reasonably needed for the construction and maintenance of the Public Improvements, except to the extent such easements would have a material adverse economic effect on the Development. Such grants shall be at no additional cost to the Parties.

6.3 Community Facilities District - Public Improvements, Fees and Maintenance.

6.3.1 Request for Public Improvement CFD. Owners may request in writing that the City or another public entity establish a CFD, or annex to an existing CFD (“Alternate CFD”) that is authorized to levy a special tax (the “Facilities Special Tax”) and issue bonds to: 1) finance the design, construction, installation, and final completion of the Public Improvements, as required by the Project Approvals and this Agreement; 2) pay for City DIF, TUMF, MSHCP Fee, the City’s Affordable Housing In-Lieu Fee, one-time Community Benefit Contributions pursuant to Section 5, agency fees, or regional fees; and 3) any other facilities pursuant to Joint Community Facilities Agreements (“JCFA”) with other public agencies.

Unless as otherwise stated in this Section 6.3, the provisions of Section 6.3 are exclusive to a City Formed CFD or an Alternate CFD, and do not apply to the CFD provisions of Sections 5.6 and 5.7. Owners shall vote in favor of a City CFD or Alternate CFD. City agrees to use good faith efforts to enter into one of more JCFA(s). In the event Owners requests a public entity other than the City, or a City-controlled public entity, to establish a CFD or annex to an existing CFD for Public Improvements as described in this Section 6.3.1, the Owners shall not vote in favor of such a CFD or annexation unless there is sufficient capacity under the maximum special Draft: 9-8-24
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tax rate described in Section 6.5.3 to provide for the Special Tax A and Special Tax B described in Section 5.7. The Owners acknowledges and agrees that a similar provision will also be added to any JCFAs between the City and another public entity.

6.3.2 Request for Maintenance CFD. Owners shall request in writing that the City establish a CFD, or annex to an existing City CFD, pursuant to the Mello Roos Community Facilities District Act, for the purpose of funding the annual costs of maintenance of the City Public Improvements described in this Section 6.3.2. This CFD may be separate from the CFD formed pursuant to Section 6.3.1 or a separate special tax may be authorized for the CFD established pursuant to Section 6.3.1 to fund the annual maintenance costs specified in this Section 6.3.2. Exhibit E sets forth the units of benefit by land use type (“Land Use Type”) which will be used to determine the special tax for maintenance based on the City Public Improvements to be maintained by the City (the “Maintenance Special Tax”) and the size and components of those improvements (“Benefit Units”). Parcels of Taxable Property (as defined in the Rate and Method of Apportionment for the Maintenance Special Tax) shall be assigned the appropriate Benefit Unit(s) contained in the Table shown in Exhibit E based upon each parcel’s assignment to the appropriate Land Use Type. The cost per Benefit Unit shall be calculated based upon the total budget for required maintenance (including but not limited to actual costs, reserves, contingency, administration, and County fees), divided by the total number of Benefit Units for Taxable Property. The Maintenance Special Tax shall be levied upon and collected from each such parcel for each fiscal year based on the Benefit Units which are assigned to the parcel as a result of its assignment to the appropriate Land Use Type. The first Maintenance Special Tax shall be levied by the CFD in the first tax year following the issuance of a building permit for each type of property listed in Exhibit E, but solely on parcels where a Certificate of Occupancy has been issued. Thereafter, the Maintenance Special Tax shall be levied by the CFD on the property in perpetuity.

6.3.3 Annual Increase in Maintenance Special Tax. Commencing July 1st of City’s second fiscal year in which the Maintenance Special Tax are being levied, and annually thereafter, the Maintenance Special Tax shall automatically increase by the percentage change in the Consumer Price Index (All Urban Consumers; Riverside-San Bernardino-Ontario) or three percent (3%), whichever is greater, provided however, the costs of electricity shall be assessed at its actual cost. The calculation of the percentage change in the Consumer Price Index shall be made using the month of May over the month of May in the prior year.

6.3.4 No public entity other than the City or a City-controlled public entity, may form a CFD for maintenance of the City Public Improvements.

6.3.5 Annual Increase in Facilities Special Tax. The Facilities Special Tax shall escalate two percent (2.00%) annually.

6.3.6 Maximum Special Tax. City agrees that the maximum effective tax rate for assessor’s parcels within each City CFD or Alternate CFD, including the CFD specified in Sections 5.6 and 5.7, including, without limitation, all overlapping debt, may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of formation of the CFD(s) in accordance with the City’s Community Facilities District Policy.

6.3.7 Processing CFD; Viability of CFD. City agrees to use reasonable efforts to develop and implement all CFD(s) subject to public hearing and election requirements Draft: 9-8-24
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of applicable State and, if tax-exempt bonds are to be issued, Federal law, the Applicable Regulations and the customary and reasonable industry standards for the development of such financings for CFD(s). Owners and City acknowledge and agree that the establishment of a CFD for facilities and the issuance of bonds supported by the special taxes are dependent on many factors that are not known at this time. The viability of the financing, the amount of special taxes for debt service, and available bond proceeds will be dependent on several factors existing at the time the bonds are sold, including, but not limited to, the financial markets, interest on tax exempt financings, housing market, value of homes in the area, absorption rates for home sales in the area, and bond underwriting criteria.

6.3.8 Commencement of Proceedings. City agrees that upon receipt of Owners’ written request and application and the deposit with City of sufficient funds to pay the City’s costs to undertake the proceedings to establish any particular CFD, City shall conduct proceedings to establish the respective CFD(s) and Owners shall cooperate in the conduct of such proceedings. Owners acknowledges that this Agreement cannot obligate the City Council to establish the CFD(s) at the conclusion of those proceedings. In the event the City Council does not approve the CFD for the financing of facilities and fees, the Owners may seek an alternative agency (or agencies) to form a CFD for the Property.

6.3.9 Maximum CFD Proceeds. Owners acknowledges and agrees that the CFDs shall expressly provide that Owners shall not be entitled to receive more proceeds from the CFDs than its actual costs to complete the Public Improvements in order to always stay below the limits in Labor Code Section 1720(c)(2).

6.3.10 Obligation to Construct and Maintain Public Improvements Exist Whether or Not CFD or Assessment District Established. Owners acknowledges and agrees that the Owners’ obligations to design, construct, install and maintain the Public Improvements, as required by the Project Approvals and this Agreement, or City DIF, TUMF, MSHCP Fee, agency fees, or regional fees (excluding the CBCs specified in Sections 5.6.2 and 5.6.3) described in this Section 6 are required by the terms of the Project Approvals and this Agreement and that the obligations shall continue to exist whether or not a CFD is established to facilitate the construction and maintenance of the Public Improvements and whether or not the CFD is repealed by an initiative measure or invalidated by a final judgement of a court of law, subject to the timing requirements specified in Sections 5.6.2.2 and 5.6.3.2.

6.3.11 No Building Permits Until Owners Fulfill Their Obligations Under this Section. No building permit for any building within the Project Area shall be issued unless and until the Owners have fulfilled their obligations with respect to the formation of the CFD described in this Section 6.3.

6.4. Richland’s Obligation to Restrict Use of Planning Area s 21 A-E for Open Space and the Preservation of the Palmer’s Oak; Endowment

6.4.1 Prior to the issuance of a certificate of occupancy for any residential unit not located in the Monte Vista Property, Richland shall record on Planning Area 21 A -E, as described in the Specific Plan, an open space deed restriction or open space easement, as approved in writing by the City Manager prior to recordation, limiting the use of the property to open space and preservation of the Palmer’s Oak (“Open Space Property”). The Draft: 9-8-24
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documents imposing the deed restrictions or open space easement on the Open Space Property shall be approved by the City Manager in writing prior to recordation.

6.4.2 Prior to the issuance of a certificate of occupancy for the one hundred seventieth (170) residential unit of the Specific Plan or grading permit for an Industrial Building in Planning Areas 13 or 15 whichever occurs first, a local non-profit conservation entity shall be identified by Richland, subject to the written approval of the City Manager, which shall be responsible for the maintenance and conservation of the Planning Area 21-D of the Open Space Property and the Palmer’s Oak (“Conservation Entity”). Within two weeks of the approval of the Conservation Entity, or as extended by the City Manager, Richland shall convey (by land dedication, conservation easement or other means) Planning Area 21-D of the Open Space Property (“PA 21-D Property”) to the Conservation Entity free of liens and encumbrances other than the restriction limiting the use of the property to open space and preservation of the Palmer’s Oak. The documents conveying PA 21-D Property to the Conservation Entity shall be approved by the City Manager in writing prior to recordation. Until such time that PA 21-D Property is conveyed to Conservation Entity, Richland shall continue to maintain, preserve and provide security services for the PA 21-D Property.

6.4.3 Prior to or upon issuance of a Grading Permit for PA 13 or PA 15 as described in the Specific Plan, Richland shall convey PA 21-D Property to the Conservation Entity. Prior to or upon conveyance of the PA 21-D Property to the Conservation Entity, Richland shall pay to the Conservation Entity the sum of two hundred fifty thousand dollars ($250,000.00) to be used as an endowment for the maintenance and conservation of the PA 21-D Property and the Palmer’s Oak subject to such terms as may be approved in writing by the City Manager.

6.4.4 Prior to the issuance of a Certificate of Occupancy for PA 13 or PA 15, Richland shall fo rm a Home owner s Association (HO A) to serve the residential Planning Areas, except for Planning Area 7 on the Monte Vista Property, and a Business Association to serve the Light Industrial and Business Park Planning Areas. All applicable associations shall be required to share in the funding of the conservation entity for the ongoing maintenance of the PA 21-D property and the Palmer Oak in perpetuity. Additional or in-lieu funding, such as a Community Facilities District (CFD) or endowment, are also acceptable funding mechanisms subject to the written approval of the City Manager. Richland and Conservation Entity shall enter into a separate funding agreement which details. at minimum, maintenance costs, specific services and frequencies, method of funding these costs, and timing of payments subject to the prior written approval of the agreement by the City Manager. Any amendments thereto shall also be approved by the City Manager prior to approval of the amendment.

7. CITY’S OBLIGATIONS.

7.1 Property Approvals Independent. All approvals required for the Property which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued by City with respect to the Property, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect Draft: 9-8-24
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the validity or effectiveness of any such Property Approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the Parties to this Agreement that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the Term, but shall remain valid for the term(s) of such approvals and entitlements.

7.2 City Cooperation. City staff shall work cooperatively with Owners to assist in coordinating the expeditious processing and consideration of all necessary permits, entitlements and approvals. To the extent City or City’s designee is unable to process and consider permits, entitlements and approvals in an expeditious manner, Owners shall pay to the City the costs of hiring temporary Staff or retaining an outside contractor to assist City in the expeditious processing and consideration of all necessary permits, entitlements and approvals.

7.3 No Action to Impede Project Approvals. City shall take no action or impose any condition that would conflict with this Agreement or the Project Approvals. Any action taken or condition imposed shall be deemed to be “in conflict with” this Agreement or the Project Approvals if such actions or conditions result in one or more of the circumstances identified in Section 4.6.

7.4 Processing During Third-Party Litigation. The filing of any third-party lawsuit(s) against the City or Owners relating to this Agreement, the Project Approvals, or other development issues affecting the Project or the Property, shall not delay or stop the development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the third party obtains an injunction or other court order preventing the activity.

8. INDEMNIFICATION.

8.1 Litigation to Set Aside, Void, or Annul the Agreement. Owners shall indemnify and hold harmless City, its affiliated agencies and districts, their agents, officers, consultants, contractors, attorneys, and employees (“Indemnified Parties”) from and against any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons against the Indemnified Parties brought by a Third-Party to set aside, void, or annul the approval of this Agreement or the Project Approvals (not including Subsequent Project Approvals) (“Third-Party Initial Challenge”). Any subsequent challenge to this Agreement or Subsequent Project Approvals is a “Third-Party Challenge”.

Concerning any Third-Party Challenge, only the Owners which filed the development application subject to the Third-Party Challenge (the “Challenged Owner”) shall indemnify and hold harmless the Indemnified Parties from and against any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons against the Indemnified Parties brought by a Third-Party to set aside, void, or annul the approval of this Agreement or any Subsequent Project Approval. Notwithstanding the provisions of Section 12.1.1 of this Agreement, the Challenged Owner’s obligation pursuant to this Section 8.1 is not a benefit or burden running with the land and shall not be assigned to any person without the prior express written consent of City, unless a transfer or assignment is made pursuant to Section 12 of this Agreement. The Challenged Owner’s duties under this Section 8.1 are solely subject to and conditioned upon the Indemnified Parties written request to Challenged Owner to indemnify the Indemnified Parties. The Challenged Owner shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within ten (10) business days of notice from City of the claim and shall add to the deposit within ten (10) Draft: 9-8-24
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business days from the request of City. Without in any way limiting the provisions of this Section 8.1, the Parties agree that this Section 8.1 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. The filing of any Third-Party Initial Challenge or Third-Party Challenge shall not delay or stop the Development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the Third-Party obtains an injunction or other court order preventing the activity. City may not settle any Third-Party Initial Challenge or Third-Party Challenge without Owners’ or Challenged Owner, as applicable, prior written consent. The Term, the obligations imposed pursuant to this Agreement and the expiration date of the Project Approvals and Subsequent Project Approvals shall be extended day for day for any delay arising from or related to a Third-Party Initial Challenge or Third-Party Challenge until the date on which the Third- Party Initial Challenge or Third-Party Challenge is finally resolved, via a final non-appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement.

8.2 Other Litigation. Notwithstanding Section 8.1, and as a separate and distinct obligation of Owners, to the fullest extent permitted by law, Owners shall defend (with counsel of City’s choosing regarding counsel who shall represent the City), indemnify and hold the Indemnified Parties free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Owners, its officials, officers, employees, contractors, subcontractors, Owners’ or agents in connection with the performance of the Owners’ obligations under this Agreement or the Project, including without limitation the payment of all damages, expert witness fees and attorneys’ fees and other related costs and expenses. Owners’ obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Owners, the Indemnified Parties. Except for a Third-Party Challenge to the Project Approvals or this Agreement, the indemnity obligation specified in this Section 8.2 shall not apply to an Owner which has not submitted development applications which are subject to such litigation.

8.2.1 Owners’ duties under this Section 8.2 are solely subject to and conditioned upon the Indemnified Parties’ written request to Owners to indemnify the Indemnified Parties.

8.2.2 Owners shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within ten (10) business days of notice from City of the claim and shall add to the deposit within ten (10) business days from the request of City.

8.2.3 Without in any way limiting the provisions of this Section 8.2, the Parties agree that this Section 8.2 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date.

9. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT.

9.1 Periodic Review. The Parties shall review this Agreement at least once every 12-month period from the Effective Date of this Agreement. City shall notify Owners in writing of the date for review at least thirty (30) calendar days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1.

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9.2 Good Faith Compliance. During each periodic review, Owners shall be required to demonstrate good faith compliance with the terms of this Agreement. Owners shall furnish such reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Owners, City shall provide to Owners, a certificate that Owners or a duly authorized Estoppel Certificate pursuant to the provisions of Section 13 of this Agreement.

9.3 Failure to Conduct Annual Review. City’s failure to conduct the annual review shall not be an Owners default. Further, Owners shall not be entitled to any remedy for City’s failure to conduct the annual review.

9.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to Owners. Within thirty (30) calendar days following receipt of such notice, Owners shall submit evidence to the City Council of Owners’ good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review.

The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe City’s general health, safety, or welfare is at risk as a result of specific acts or failures to act by Owners.

9.5 Administration of Agreement. Any final decision by City staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance with this Agreement may be appealed by Owners to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) business days after Owners receives written notice that the staff decision is final. The City Council shall render its decision to affirm, reverse, or modify the staff decision within thirty (30) calendar days after the appeal was filed. The decision of the City Council as to the administration of this Agreement shall be final and is not appealable. The foregoing notwithstanding, breaches of this Agreement are subject to judicial relief as provided in this Agreement.

9.6 Availability of Documents. If requested by Owners, City shall provide to Owners copies of any documents, reports, or other items reviewed, accumulated, or prepared by or for City in connection with any periodic compliance review by City except for matters protected from disclosure by the attorney client or attorney work product privileges.

10. DEFAULT; REMEDIES; DISPUTE RESOLUTION.

10.1 Notice of Default. In the event of failure by a Party substantially to perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided in this Agreement, provided that such non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by this Section 10 identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured.

10.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction, or remedy of such default not later than ten (10) business days after receipt of notice thereof if the breach of this Agreement involves the payment of money, or not later than thirty (30) calendar days after receipt of notice thereof if the breach of this Agreement does not Draft: 9-8-24
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involve the payment of money; provided, however, that if such breach may not reasonably be cured within such thirty (30) calendar day period, then a default shall exist only if the cure of such breach is not commenced within such thirty (30) calendar day period or thereafter is not diligently prosecuted to completion.

10.3 Owners’ Remedies. Due to the size, nature, and scope of the Property and the Development, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owners may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owners have invested significant time and resources and performed extensive planning and processing of the Development of the Property in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development and Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate Owners for such efforts. For the above reasons, the Parties agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement and that Owners shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, City would not have consented to this Agreement if it were to be subject to damages for breach of this Agreement. Therefore, Owners specifically agree that they have no authority under this Agreement or otherwise to seek monetary damages against City for any breach of this Agreement by City, and shall not to seek monetary damages against City for breach of this Agreement.

10.4 City Remedies. In the event of an uncured default by one or more Owners of the terms of this Agreement, City, at its option, may institute legal action in law or in equity against Owners to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement by specific performance as its sole and exclusive remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 10, in the event of a material default by one or more Owners, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Legislation, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in this Agreement or the Development Agreement Legislation.

10.5 Judicial Review.

10.5.1 Subsequent Land Use Entitlements. Based on the foregoing, in the event Owners judicially (including by way of a reference proceeding) challenges the application of a Subsequent Land Use Regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the authority and rights reserved and excepted as provided in Section 4.2 of this Agreement, Owners shall bear the burden of proof in establishing that such rule, regulation, or policy is inconsistent with the Applicable Regulations, the Project Approvals, or both, and City shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the authority and rights reserved and except as provided in Section 4.2 of this Agreement and was not applied by City in violation of this Agreement.

10.5.2 Collection of Fees or Community Benefit Contributions. City may bring an action against Owners for collection for any development fees due to the City or Draft: 9-8-24
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Community Benefit Contributions due to the City as described in Section 5 within six (6) years from the date the payment was due.

11. MORTGAGEE PROTECTION; CERTAIN RIGHTS TO CURE.

11.1 No Liens on Property as of Effective Date.

11.1.1 Richland warrants and represents to the City that as of the date of recordation of this Agreement there is no mortgage, deed of trust, sale and leaseback arrangement, lien or any other form of pledge of security, purchase and sale agreement, option to purchase other than an option held by an affiliated Richland entity, Richland Planned Communities, Inc., on or affecting the Richland Property or any portion of the Richland Property. If any such lien exists, Richland shall obtain the lien holders or other interested persons consent to this Agreement and a subordination of its interests to this Agreement in a form reasonably acceptable to the City Manager and City Attorney that shall be recorded as part of this Agreement. The fully executed Consent and Subordination Agreement of Richland Planned Communities, Inc., with respect to this Agreement is attached hereto as Exhibit G.

11.1.2 Except for the deed of trust of Infinity Bank on the Monte Vista Property, Monte Vista warrants and represents to the City that as of the date of recordation of this Agreement there is no mortgage, deed of trust, sale and leaseback arrangement, lien or any other form of pledge of security, purchase and sale agreement, option to purchase, on or affecting the Monte Vista Property or any portion of the Monte Vista Property. If any such lien exists, Monte Vista shall obtain the lien holders or other interested persons consent to this Agreement and a subordination of its interests to this Agreement in a form reasonably acceptable to the City Manager and City Attorney that shall be recorded as part of this Agreement. The fully executed Consent and Subordination Agreement of Infinity Bank with respect to this Agreement is attached hereto as Exhibit H.

11.2 Future Encumbrances on the Property. This Agreement shall not prevent or limit Owners from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance (“Mortgage”) in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, development, use, or operation of the Property.

11.3 Mortgagee Protection. Subject to the provisions of Section 3.4.5, this Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (“Mortgagee”), whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination, or otherwise, shall be subject to all of the terms and conditions of this Agreement.

11.4 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Owners or other affirmative covenants of Draft: 9-8-24
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Owners hereunder, or to guarantee such performance. In addition, the Mortgagee shall have no right to develop or operate the Property without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Owners is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance under this Agreement.

11.5 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request to City, deliver to each Mortgagee a copy of any notice of default given to Owners under the terms of this Agreement, at the same time such notice of default is provided to Owners. The Mortgagee shall have the right, but not the obligation, to cure, correct, or remedy the default, within sixty (60) calendar days after the receipt of such notice from City for monetary defaults, or within sixty (60) calendar days after Owners’ cure period has expired for non-monetary defaults, or, for such defaults that cannot reasonably be cured, corrected, or remedied within such period, the Mortgagee may cure, correct, or remedy the default if the Mortgagee commences to cure, correct, or remedy such default within such sixty (60) calendar day period, and continuously and diligently prosecutes such cure to completion. If the default is of a nature that can only be remedied or cured by such Mortgagee upon obtaining possession of the Property, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than ninety (90) calendar days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) calendar day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such ninety (90) calendar day period, and thereafter diligently pursues such cure to completion.

12. TRANSFERS OF INTEREST IN PROPERTY OR AGREEMENT.

12.1 Transfers and Assignments.

12.1.1 Restrictions on Transfers. Owners may sell, assign, or otherwise transfer all or any portion of its interests in the Property together with all their right, title, and interest in this Agreement, or the portion thereof that is subject to the transferred portion of the Property, to any Transferee provided that: (i) the Transferee has specifically assumed in writing the obligations, or a portion of the obligations of Owners, to construct the Public Improvements for the Project as provided in the Project Approvals and to comply with the Community Facilities District obligations described in Sections 5.7 and 6.5; and (ii) if applicable, the Transferee has obtained replacement bonds, accepted by City for the Public Improvements (in which event, City shall release Owners’ corresponding Public Improvement bonds).

12.1.2 Notice of Transfer; Agreement. In the event of any sale, assignment, or other transfer pursuant to Section 12.1.1, Owners shall notify City not more than twenty (20) business days after the transfer of the name of the Transferee, together with the corresponding entitlements being transferred to such Transferee and a copy of the Assignment and Assumption Agreement described in Section 12.1.1. In order for Owners to be released from its obligations created in this Agreement Owners and Transferee shall enter into an agreement pertaining to such transfer and shall provide that the Transferee shall be liable for the performance of those obligations of Owners under this Agreement that relate to the Transferred Property, if any, and shall confirm that Owners shall remain liable for the design and Draft: 9-8-24
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construction of Public Improvements pursuant to this Agreement, completed by Owners prior to any such transfer, subject to the provisions of Section 6.1.5.

12.1.3 Termination of Transferring Owners Liability Under Agreement.

Upon entering into the assignment and assumption agreement described in Section 12.1.2, the transferring Owners shall have no liability under this Agreement, or any further obligations created in this Agreement.

12.1.4 Exempt Transfers. Transfers of easements or real property interests that are necessary to provide utility service to the Property or to extend infrastructure to the Property shall not be subject to the foregoing restrictions of Section 12..

12.1.5 Rights and Duties of Successors and Assigns. Subject to the provisions of Section 3.4.5, any, each, and all successors and assigns of Owners shall have all of the same rights, benefits, duties, and obligations of Owners under this Agreement.

13. ESTOPPEL CERTIFICATES.

13.1 Written Request. The Parties may at any time deliver written notice to the other party requesting an estoppel certificate (the “Estoppel Certificate”) stating: (1) this Agreement is in full force and effect and is a binding obligation of the Parties; (2) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (3) no default in the performance of the requesting party’s obligations under this Agreement exists or, if a default does exist, the nature and amount of any default.

13.2 Ten (10) Business Days to Respond. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within ten (10) business days after the City Attorney has approved the form of the Estoppel Certificate.

13.3 Authorized Signatories. The City Manager or any person designated by the City Manager may sign the Estoppel Certificates on City’s behalf. Any officer of Owners may sign on Owners’ behalf.

13.4 Reliance. An Estoppel Certificate may be relied on by assignees and mortgagees.

13.5 Failure to Provide Estoppel Certificate. Failure by a Party to provide an Estoppel Certificate within ten (10) calendar days after receipt of the request therefor shall be deemed confirmation that this Agreement is in full force and effect and has not been amended or modified either orally or in writing.

14. MISCELLANEOUS.

14.1 Interest of Owners. Owners represents and warrants that they each have a legal or equitable interest in the Property and, as such, Owners are qualified to enter into and be a party to this Agreement under the Development Agreement Legislation.

14.2 Notices. All notices permitted or required under this Agreement must be in writing and shall be effectuated by: (i) personal delivery; (ii) first class mail, registered or Draft: 9-8-24
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certified, postage fully prepaid; or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following Parties, or to such other address as any party may from time to time designate in writing in the manner as provided in this Agreement:

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attn: City Manager
With a copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attn: Peter M. Thorson
To Richland: Canadian Pacific Land, LLC, a Florida limited liability company,
RMD Inland Investors, LLC, a Delaware limited liability company
c/o Richland Planned Communities, Inc.
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Brian Hardy
With a copy to: Rutan & Tucker
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Alan B. Fenstermacher

To Monte Vista: MV Avalon LLC
5625 Land View Court
Alta Loma, CA 91737
Attention: Steven Landis

Any written notice, demand, or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail.

14.3 Force Majeure. In addition to specific provisions of this Agreement, performance by a Party under this Agreement shall not be deemed to be in default where delays or failures to perform are due to the elements, fire, earthquakes, or other acts of God, supply chain disruptions and delays related to the availability of construction materials and manpower, global pandemics or governmental orders imposed in response to public health crisis, inability of Draft: 9-8-24
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any utility purveyor to provide adequate service to the Project, strikes, labor disputes, lockouts, acts of the public enemy, riots, insurrections, pending litigation, or governmental restrictions imposed or mandated by other governmental entities. The Parties may also extend times of performance under this Agreement in writing. In the event Owners desires to invoke these force majeure provisions, the Owners shall notify City of a force majeure event within thirty (30) calendar days of the event and include a detailed description of the force majeure event and how it affects Owners’ compliance with the terms of this Agreement.

14.4 Binding Effect; Covenants Run with Land. This Agreement, and all of the terms and conditions of this Agreement, shall be binding upon and inure to the benefit of the Parties, any subsequent owners of all or any portion of the Property or the Development, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. The provisions of this Agreement shall constitute mutual covenants that shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the Parties and all successors in interest to the Parties for the term of this Agreement.

14.5 Relationship of Parties. The Parties acknowledge that, in entering into and performing this Agreement, each of the Parties is acting as an independent entity and not as an agent of the other in any respect. The City, Richland and Monte Vista renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Development of the Property shall be construed as making the City, Richland and Monte Vista joint ventures or partners.

14.6 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement.

14.7 Nonliability of City Officers and Employees. No City official, officer, employee, agent, or representative, acting in his or her official capacity, shall be personally liable to Owners, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on City’s part.

14.8 Covenant Against Discrimination. The Parties covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification as defined by California or Federal law, in the performance of this Agreement. Owners shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Section 12101 et seq.).

14.9 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section 14.9. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided in this Agreement. No waiver by either Party of any of the covenants or conditions to be performed Draft: 9-8-24
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by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions of this Agreement.

14.10 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

14.11 Construction. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against a Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, the masculine gender includes the feminine and vice versa, “shall” is mandatory, and “may” is permissive.

14.12 Attorneys’ Fees. If legal action is brought by a Party against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of its costs, including reasonable attorneys’ fees. Attorneys’ fees under this Section 14.12 shall include attorneys’ fees on any appeal and, in addition, a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses, including, without limitation, reasonable expert witness fees, incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing Party, the prevailing Party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

14.13 Recordation. This Agreement shall be recorded by City with the County Recorder of Riverside County. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

14.14 Captions and References. The captions of the sections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference in this Agreement to a section or exhibit are the sections and exhibits of this Agreement.

14.15 Time of Essence. Time is of the essence in the performance of this Agreement and for each and every term and condition of this Agreement as to which time is an element.

14.16 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions, and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement.

14.17 Exhibits. Exhibits A – G, identified as follows, are attached to this Agreement and are incorporated into this Agreement as though set forth in full:

Draft: 9-8-24
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Exhibit A Legal Description of Property

Exhibit A-1 Legal Description of Monte Vista Property
Exhibit B Site Map
Exhibit C Template Agreement for Acquisition of Property Government Code Section 66462.5
Exhibit D DIF Schedule for Ten Years After Effective Date Exhibit E Maintenance CFD Units of Benefit by Land Use
Exhibit F City Right of First Refusal Agreement for Planning Area 14 Exhibit G Consent and Subordination Agreement Richland Planned Communities, Inc.

Exhibit H Consent and Subordination Agreement Infinity Bank

14.18 Counterpart Signature Pages. The Parties may execute this Agreement in counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such shall constitute one and the same Agreement.

14.19 Owners’ Representations.

14.19.1 Canadian Pacific Land, LLC and RMD Inland Investors, LLC each warrant and represent that: (i) each is duly organized and existing; (ii) each is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Canadian Pacific Land, LLC and RMD Inland Investors, LLC are formally bound to the provisions of this Agreement; (iv) Canadian Pacific Land, LLC and RMD Inland Investors, LLC entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which either is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Canadian Pacific Land, LLC and RMD Inland Investors, LLC, or either, is aware that could prevent Canadian Pacific Land, LLC and RMD Inland Investors, LLC from entering into or performing their obligations set forth in this Agreement.

14.19.1 Monte Vista warrants and represents that: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Monte Vista is formally bound to the provisions of this Agreement; (iv) Monte Vista’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Owners is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Monte Vista is aware that could prevent Monte Vista from entering into or performing its obligations set forth in this Agreement.

Draft: 9-8-24
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14.20 No Brokers. Each Party represents to the other Parties that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees that may accrue by means of this Agreement, and shall hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.

14.21 Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Effective Date. Accordingly, subject to Section 4.2, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Effective Date.

14.22 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning.

This Agreement and any dispute arising under this Agreement shall be governed and interpreted in accordance with the laws of the State of California. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, and in particular, City’s police powers. In this regard, this Agreement shall not be deemed to constitute the surrender or abnegation of City’s governmental powers over the Property. [Signatures begin on next page.]

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

Draft: 9-8-24
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“RICHLAND”

CANADIAN PACIFIC LAND, LLC, A

FLORIDA LIMITED LIABILITY

COMPANY

By:

Name:

Title:

By:

Name:

Title:

RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY

COMPANY

By:

Name:

Title:

By:

Name:

Title:

[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A ) one from the corporation ’s “Operational Group” (Chair of the Board, President, or a Vice -President) and; (B ) one from the corporation’s “Financial Group ” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]

Draft: 9-8-24
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature (Seal)

Draft: 9-8-24
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

Draft: 9-8-24
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“MONTE VISTA”
MV AVALON LLC, a California limited
liability company
By:

Name:

Title:

By:

Name:

Title:

Draft: 9-8-24
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

Draft: 9-8-24
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“CITY”

CITY OF JURUPA VALLEY,
a California municipal corporation

Guillermo Silva
Mayor

ATTEST:

Victoria Wasko, CMC, City Clerk

APPROVED AS TO FORM:

RICHARDS WATSON & GERSHON

By:

Peter M. Thorson, City Attorney

Draft: 9-8-24

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EXHIBIT A
-1-

EXHIBIT A

DESCRIPTION OF PROPERTY
APNs: 175-080-010, 175-090-001, 176-090-002, 175-090-003, 175-090-004, 175-090-005, 175- 100-003, 175 -100-005, 175 -100-006, 175 -150-002, 175 -160-001, 175 -160-005, 175 -160-007, 177-030-012, 177-030-014, 177-040-002, 177-040-003, 177-040-008, 175-080-021 Being in the City of Jurupa Valley, County of Riverside, State of California, more particularly described as follows:

Being portions of Sections 3, and 4, Township 2 South, Range 5 West, San Bernardino Meridian, as shown by Sectionized Survey of the Jurupa Rancho, as shown by map on file in Book 9, Page 33 of Maps, records of San Bernardino County, California, and Sections 9, and 10, Township 2 South, Range 5 West, San Bernardino Meridian, of the map of Block 1 Loma Alta Tract, as shown by map on file in Book 7, Page 3 of Records of Survey, records of Riverside County, California.

Draft: 9-8-24

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EXHIBIT A
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EXHIBIT A-1
LEGAL DESCRIPTION OF MONTE VISTA PROPERTY (PA 7)
APN: 175-080-021

PA 7 OF THE RIO VISTA SPECIFIC PLAN

Being a portion of Tract 1 of map showing the ReSubdivision of a portion of the Lands formerly belonging to The A.C. Armstrong Estate as recorded in Book 6, Page 31 of Maps, in the Office of the Riverside County Recorder, in the City of Jurupa, County of Riverside, State of California, lying within th e Northwest Quarter (NW¼) of Section 4, Township 2 South, Range 5 West, San Bernardino Meridian.

Draft: 9-8-24

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EXHIBIT B
-1-

EXHIBIT B

SITE MAP

Draft: 9-8-24

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EXHIBIT C
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EXHIBIT C

TEMPLATE AGREEMENT FOR ACQUISITION OF PROPERTY
GOVERNMENT CODE SECTION 66462.5
AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5
(___________________ PROJECT)
This Agreement for acquisition of real property pursuant to Government Code section 66462.5 is made and entered into as of ___________________, _____, by and between ______________, _________________ (“Owner” hereinafter) and the City of Jurupa Valley, a municipal corporation (“City” hereinafter). Owner and City are referred to jointly below as “parties.” In consideration of the In consideration of the recitals of facts and purposes, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, receipt of which is hereby acknowledged, the parties agree as follows:

1. Recitals. The parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.

A. On ___________________, the City Council adopted Ordinance No. 2024-___ approving a Development Agreement between Owner and City for the Owner’s Project within the City (“Development Agreement”). All capitalized terms in this Agreement shall have the same definitions as described in the Development Agreement, including, without limitation, Property, Project, and Project Approvals.

B. To facilitate the orderly development of the Project through the Project Approvals on the Property the Owner will be required to construct certain Public Improvements.

Satisfaction of such conditions of the Development Approvals, however, involves real property that is neither owned by Owner or City (the “Off-Site Property” hereinafter). A legal description and map depiction of the Off-Site Property required to satisfy the condition of approval is attached hereto as Exhibit 1, and incorporated herein by this reference as though set forth in full.

C. Pursuant to California Government Code section 66462.5 and Section 4.9 of the Development Agreement, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on Off-Site Property not owned or controlled by the Owner, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire Off-Site Property by eminent domain or such off- site improvement conditions will be waived. Pursuant to said section 66462.5, a city and an Owner may enter into an agreement to allocate the costs and responsibilities for acquisition of such Off-Site Property.

D. Owner has recorded or intends to record Tract Map No. ________ and, under a separate subdivision improvement agreement, has agreed (and posted security) to undertake and complete all required public improvements set forth in _______________________, including _________________________________ said Off-Site Property, following recordation of Tract Map No. ________.

E. City has been provided credible evidence that Owner has made a good faith effort to acquire the Off-Site Property but has been unable to do so by negotiated purchase; Draft: 9-8-24

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EXHIBIT C
-3-

F. California Government Code Section 40404 and California Code of Civil Procedure Sections 1230.010 et seq. authorizes City to acquire by eminent domain any and all property necessary for ________________________ purposes; G. The City must comply with Relocation Assistance Act, Government Code Sections 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Sections 1230.010 et seq., and their implementing regulations, in acquiring property for public improvements (“Public Land Acquisition Statutes”).

H. To facilitate the satisfaction of the condition of approval, City and Owner now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off-Site Property and to allocate responsibility between the respective parties; and
I. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5 and Section 4.9 of the Development Agreement. The parties recognize that City cannot exercise its power of eminent domain until all legally required preconditions under the Land Acquisition Statutes, including a Resolution of Necessity have been lawfully adopted by the City Council of the City pursuant to law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off- Site Property that may be identified in this Agreement. In the event City elects to commence an action after the required public hearing on the Resolution of Necessity, then City shall cause the eminent domain action for the acquisition of the specified interest or interests (whether fee, leasehold or otherwise) in and to the Off-Site Property to be filed and expeditiously processed to completion by and through the use of City’s power of eminent domain.

2. City Acquisition of Off-Site Property. Subject to Owner’s timely and continuous performance of all elements of this Agreement and the Development Agreement, City shall cause an action pursuant to the Land Acquisition Statutes to be pursued to completion for the acquisition of the Off-Site Property using legal counsel and consultants of City’ reasonable selection. Owner agrees City’s selected legal counsel is not representing Owner in any capacity and further that Owner is not a third party beneficiary under the engagement agreement between City and City’s selected legal counsel.

3. Owner Responsible for All Costs of Acquisition. Owner shall be solely responsible for all Off-Site Property acquisition costs, which shall include, but not be limited to, the costs of title reports and/or litigation guarantees, litigation expenses, court costs, attorneys’ fees, deposits necessary to take immediate possession of any such interest, deposits reflecting verdicts as to the value of any such interest necessary to obtain any final order or orders of condemnation, any sum paid as and for a settlement of any suit filed by City pursuant to this Agreement, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment damages, Off-Site Property owners’ statutory costs and litigation expenses authorized by the Eminent Domain Law, codified as Code of Civil Procedure Section 1230.010, et seq. (Eminent Domain Law), Public Land Acquisition Statutes and any and all fees, costs and expenses arising from or related to any of the foregoing items, actions, and proceedings. No settlement of an action brought by City to acquire Off-Site Property or arising Draft: 9-8-24

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EXHIBIT C
-4-

from City’s action(s) shall be effective without Owner first providing its written approval thereof to City, which approval shall not be unreasonably withheld.

4. Limitations on City’s Ability to Acquire Off-Site Property; Time Waiver. The parties hereto recognize that if the City Council, in its discretion, adopts a Resolution of Necessity and authorizes the filing of an eminent domain proceeding, the City may not be able to obtain the fee title to the Property within the time set forth in Government Code section 66462.5 and in recognition of this potential circumstance the parties hereby waive the time requirements for action by the City set forth in Government Code Section 66462.5.

5. Deposit of Costs. Concurrently with the execution of this Agreement by City, Owner shall deliver to City the sum of _______________ Thousand Dollars ($_______.00). City agrees to deposit said sum in a separate City account (“Acquisition Fund”) and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement, other than the unsatisfied costs identified in this paragraph.

A. City shall, on a monthly basis, or as often as City deems necessary, provide Owner with an accounting of disbursements from the Acquisition Fund established pursuant to paragraph 5, above. In the event disbursements reduce the balance of the fund to Five Thousand Dollars ($5,000.00) or less, Owner, five (5) business days following a written request of City, shall deliver to City such additional monies as are necessary to maintain the balance in the Acquisition Fund at ___________ Thousand Dollars ($______________.00).

B. In addition to its deposits to the Acquisition Fund, Owner agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law (“Deposit Amount”), which amount City will deposit under Code of Civil Procedure sections 1255.010, et seq. if City and Owner agree that City should seek prejudgment possession of the Off-Site Property. If the City’s expert valuation witness determines at the date of exchange of valuation data under Code of Civil Procedure section 1258.220 that the fair market value of the Off-Site Property is higher than the Deposit Amount, Owner shall deliver this additional amount to City upon five (5) business days written notice by City or as ordered by any court of competent jurisdiction. City shall promptly deposit this additional amount with the Court.

C. If for any reason Owner fails to maintain the Acquisition Fund balance referenced in this paragraph, or fails to provide the monies as required by this paragraph, City may utilize and draw down all or any portion of the improvement security deposited pursuant to the separate subdivision improvement agreement to pay any of the costs and expenses referenced herein for acquisition of the Off-Site Property. City shall not commence any activity under or in furtherance of this Agreement until Owner provides City and City agrees with and approves a written acknowledgment from both the Owner and the person, firm, or entity who has provided the referenced security that: (i) the City may make demand on the security for the purposes described in this Agreement; (ii) the surety will promptly pay such monies to City upon City’s demand and (iii) the amount of the security deposit is adequate to fund both the anticipated physical improvements under the map and the anticipated costs of acquisition pursuant to this Agreement.

Draft: 9-8-24

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EXHIBIT C
-5-

D. When any eminent domain action which was commenced pursuant to this Agreement is concluded, City shall remit to Owner the balance of the Acquisition Fund within sixty (60) days after full payment of just compensation, costs and all applicable litigation expenses have been made to Off-Site Property owners. Additionally, City shall expeditiously withdraw any funds remaining on deposit with the Court and disburse the same to Owner once a final order of condemnation or a dismissal of the eminent domain action is entered by the Court.

6. Owner Acquisition of Property. If Owner should independently acquire all or any portion of the Off-Site Property by negotiated purchase after an eminent domain action is filed by the City, Owner shall immediately notify City of the acquisition. After Owner obtains fee title to the subject interest City shall move to abandon all or any unnecessary part of the action relating to the property acquired by negotiation. If a complete or partial abandonment is filed, Owner shall bear any and all costs, expenses and/or damages related thereto, including, but not limited to, any condemnee’s recoverable costs and/or recoverable attorneys’ fees pursuant to Code of Civil Procedure Section 1268.610, et seq.

7. General.

A. Notices. Any and all notices, requests or other communications required or permitted to be given under this Agreement or by reason of this Agreement shall be in writing and shall be deemed to have been given when: (i) delivered in person or by courier or overnight delivery service; or (ii) five (5) business days after mailing, by certified or registered mail, return receipt requested, to the parties at the following addresses or any such other address or addresses as the parties may, from time to time, designate in writing in the manner herein specified:

City: City OF JURUPA VALLEY
8930 Limonite Avenue
Jurupa Valley, CA 92589
Attention: City Manager
With a copy to: RICHARDS, WATSON & GERSHON
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071-3101
Attention: Mr. Peter M. Thorson, City Attorney
Owner:

Attention:

With a copy to:

Attention:

B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, Draft: 9-8-24

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EXHIBIT C
-6-

or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement.

C. Amendment. No amendment to this Agreement shall be effective unless first provided in writing and executed by the parties hereto.

D. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the parties hereto or any of each parties’ agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.

E. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.

F. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees.

G. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity.

H. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California.

Draft: 9-8-24

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EXHIBIT C
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IN WITNESS WHEREOF, the parties hereof have executed and entered into this Agreement as of the date set forth above.

Owner

Name:

Title:

Name:

Title:

Name:

Title:

OWNER’S SIGNATURES
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President, or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]

Draft: 9-8-24

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EXHIBIT C
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EXHIBIT 1

LEGAL DESCRIPTION AND MAP DEPICTION OF THE OFF-SITE PROPERTY

Draft: 9-8-24

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EXHIBIT D
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EXHIBIT D

CITY DEVELOPMENT IMPACT FEE SCHEDULE FOR TEN YEARS FOLLOWING

EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
[Does not include TUMF or MSHCP Fees]
Last Updated: 3-22-2021
Effective as of: 7-1-2024

DEVELOPMENT IMPACT FEE SCHEDULE ESTABLISHED BY CITY COUNCIL RESOLUTION NO. 2021 -02 AND INCLUDING ANNUAL COST OF LIVING INCREASES PURSUANT TO SECTION 5 OF RESOLUTION NO. 2021 -02 EFFECTIVE JULY 1, 2024

Draft: 9-8-24

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EXHIBIT E
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EXHIBIT E

MAINTENANCE CFD UNITS OF BENEFIT BY LAND USE

Land Use Type (per Development Agreement) Benefit Unit(s) Single Family Residential Property One (1) Per Unit
Multifamily Residential Property- Medium Density Six tenths (0.6) / Unit Multifamily Residential Property- High Density Four tenths (0.4) / Unit Business Park Property Five (5) / Acre
Commercial Retail Property Five (5) / Acre
Commercial Other Property Five (5) / Acre
Light Industrial Property Two (2) / Acre
Heavy Industrial Property Two (2) / Acre
Other Non-Residential Property Three (3) / Acre
This Exhibit sets forth the units of benefit by land use type (“Land Use Type”) which will be used to determine the special tax for maintenance based on the City Public Improvements to be maintained by the City and the size and com ponents of those improvements ( “Benefit Units”).

Pursuant to Section 6.5.2, parcels of Taxable Property (as defined in the Rate and Method of Apportionment for such maintenance CFD) shall be assigned the appropriate Benefit Unit(s) contained in the Table above based upon each Parcel’s assignment to the appropriate Land Use Type. The cost per Benefit Unit shall be calculated based upon the total budget for required maintenance (including but not limited to actual costs, reserves, contingency, administration, and County fees), divided by the total number of Benefit Units for Taxable Property. The Special Tax shall be levied upon and collected from each such Parcel for each fiscal year based on the Benefit Units which are assigned to the parcel as a result of its assignment to the appropriate Land Use Type.

Draft: 9-8-24

EXHIBIT F
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EXHIBIT F
CITY RIGHT OF FIRST REFUSAL AGREEMENT FOR PLANNING AREA 14

RECORDING REQUESTED BY:

City of Jurupa Valley,
a municipal corporation
AND WHEN RECORDED RETURN TO:

City of Jurupa Valley
Attention: Office of the City Clerk
8930 Limonite Avenue
Jurupa Valley, California 92509

[SPACE ABOVE FOR RECORDER’S USE ONLY]
Assessor’s Parcel Number ________________ [ ] Portion
DOCUMENTARY TRANSFER TAX $
_____________________
…Computed on the consideration or value of property
conveyed; OR
…Computed on the consideration or value less liens or
encumbrances remaining at time of sale.

SPACE ABOVE THIS LINE FOR RECORDER’S USE

_________________________________________________
Signature of Declarant or Agent determining tax - Firm Name

This Agreement is recorded for the benefit of the City of Jurupa Valley and is exempt from California documentary transfer tax pursuant to Section 11928 of the California Revenue and Taxation Code and from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code.

RIGHT OF FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY, CANADIAN PACIFIC LAND, LLC, A FLORIDA

LIMITED LIABILITY COMPANY, AND RMD INLAND INVESTORS,

LLC, A DELAWARE LIMITED LIABILITY COMPANY, REGARDING
PLANNING AREA 14 (APN __________)
This RIGHT OF FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED LIABILITY

COMPANY, AND RMD INLAND INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, REGARDING PLANNING AREA 14 (APN __________) (“Agreement”) is made by and between the CITY OF JURUPA VALLEY, a California municipal corporation and general law City existing under the Constitution of the State of Draft: 9-8-24

EXHIBIT F
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California (“City”), Canadian Pacific Land, LLC, a Florida limited liability company, and RMD Inland Investors, LLC, a Delaware limited liability company, as tenants in common - Canadian Pacific Land, LLC, as to an undivided fifty percent (50%) interest, and RMD Inland Investors, LLC, as to an undivided fifty (50%) interest (collectively, “Owner”). City and Owner are sometimes collectively referred to below as the Parties. This Agreement is effective on the date that it is fully executed by the Parties (Effective Date).

RECITALS

1. On _________, 2024 the City Council of the City of Jurupa Valley adopted Ordinance No. 2024-_____ approving that certain development agreement entitled Development Agreement by and Between the City of Jurupa Valley, Richland Planned Communities, Inc., a California corporation and MV Avalon, LLC, a California limited liability company dated as of __________, 2024 (“Development Agreement”).

2. The property that is the subject of the Development Agreement consists of approximately 917.3 acres of property described on Exhibit “A” and depicted on Exhibit “B” to the Development Agreement (“Developer Property”).

3. The Development Agreement was recorded on _________, 2024 as Document No. 2024-____________ in the Official Records of the County of Riverside.

4. Pursuant to Section 5.10 of the Development Agreement, the Parties agreed that the City shall have the right of first refusal to purchase the land described as Planning Area 14 as shown on the Project Approvals described in the Development Agreement. The real property described as Planning Area 14 is described more particularly on EXHIBIT “A” and roughly depicted on EXHIBIT “B” (“Planning Area 14”), which are attached hereto and incorporated herein by this reference. Planning Area 14 includes all of the interests of Owner in and to Planning Area 14, and any and all rights and appurtenances pertaining to said real property, including any improvements and landscaping, all rights, title, interest of Owner in and to adjacent streets, alleys or rights of way.

NOW, THEREFORE, in consideration of the above Recitals, the obligations set forth below, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner mutually agree as follows:

AGREEMENT
ARTICLE 1. RIGHT OF FIRST REFUSAL.

1.1 Recitals. All the above recitals are true and correct and are incorporated herein by this reference.

1.2 Grant of Right of First Refusal for Purchase of Planning Area 14 and Consideration.

In consideration of the terms set forth in the Development Agreement and monetary consideration in the amount of $1.00 (One Dollar), the City shall have the right of first refusal for the purchase of Planning Area 14 pursuant to the terms and conditions of this Agreement.

Draft: 9-8-24

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ARTICLE 2. EXERCISE OF RIGHT OF FIRST REFUSAL.

2.1 Right of First Refusa l. If Owner determines, in its sole discretion, to sell all of Planning Area 14 (or a portion of Planning Area 14 in the event it is subdivided and sold as lots), prior to consummating a proposed sale of Planning Area 14 or listing Planning Area 14 for sale on the open market, Owner will provide to City a right to purchase Planning Area 14 on and subject to the terms of this Agreement.

2.2 Notice of Proposed Sale. Prior to consummating a proposed sale of Planning Area 14 or listing Planning Area 14 for sale on the open market, Owner will provide to City a written notice of proposed sale ( “Notice of Proposed Sale ”) to notify City of Owner ’s intent to sell Planning Area 14. The Notice of Proposed Sale will set forth the prop osed purchase price for Planning Area 14 and any other material economic terms of the proposed sale (collectively “Basic Sale Terms”).

2.3 City Election to Purchase Planning Area 14 . City shall have forty -five (45) calendar days (“Election Period”) after receiving the Notice of Proposed Sale to elect to purchase Planning Area 14. City shall make said election by giving written notice to Owner within the Election Period. If City elects not to purchase Planning Area 14, then City will provide written notice to Owner of its decision not to purchase Planning Area 14 promptly following said determination not to purchase Planning Area 14.
(a) Failure of City to Provide Notice During Election Period . If City fails to deliver written notice to Owner of City’s election to purchase Planning Area 14 during the Election Period, said failure to provide notice will be deemed a determination that City elected not to purchase Planning Area 14 and Owner may proceed with the sale of Planning Area 14 to third parties.
(b) Procedures if City Elects to Purchase Planning Area 14. If City makes the election to purchase Planning Area 14 during the Election Period, then said written election shall be deemed to create a contract between City and Owner pursuant to which the Parties will e nter into a Purchase and Sale Agreement that contains the Basic Sale Terms or such sale terms negotiated between the Parties during the Election Period or such additional period agreed to by the Parties in writing. In such case, City and Owner shall promp tly and in good faith enter into a purchase and sale agreement incorporating the terms agreed to for the sale of Planning Area 14 to the City. If City makes the election to purchase Planning Area 14 but the closing pursuant to a Purchase and Sale Agreement fails due to City ’s default, then without limitation on the Owner ’s rights and remedies (including specific performance), City ’s rights under this Agreement will be permanently lost.

2.4 City Manager Authorization. The City Manager is authorized to give notice of the City’s intent to purchase Planning Area 14, provided, however, that such notice does not obligate the City to purchase Planning Area 14 unless and until the City Council approves the purchase of Planning Area 14.

Draft: 9-8-24

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ARTICLE 3. TERM OF AGREEMENT.

3.1 Term of Agreement. The term of the Right of First Refusal shall commence on the date on which the Parties have fully -executed this Agreement ( “Execution Date”) and continue until five (5) years after this date , unless sooner terminated in accordance with the te rms of this Agreement.

ARTICLE 4. RUN WITH THE LAND AND MEMORANDUM OF
RIGHT OF FIRST REFUSAL.

4.1 The right of first refusal to purchase Planning Area 14 shall run with the land and shall bind and inure to the benefit of the respective successors and assigns of Owner and City.

4.2 The Parties agree that the City may record against Planning Area 14 a Memorandum of Right of First Refusal in the form attached as EXHIBIT “C” hereto.

ARTICLE 5. NOTICES.

5.1 All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service.

CITY: City of Jurupa Valley
Attention: City Manager
8930 Limonite Avenue
Jurupa Valley, California 92509
COPY TO: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Draft: 9-8-24

EXHIBIT F
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To Owner: CANADIAN PACIFIC LAND, LLC, A FLORIDA LIMITED

LIABILITY COMPANY, AND RMD INLAND INVESTORS,

LLC, A DELAWARE LIMITED LIABILITY COMPANY
C/O Richland Planned Communities, Inc.
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Brian Hardy
With a copy to: Rutan & Tucker
3161 Michelson Drive, Suite 425
Irvine, CA 92612
Attn: Alan B. Fenstermacher
ARTICLE 6. MISCELLANEOUS.

6.1 Amendments. Any amendments to this Agreement will be effective only when duly executed by both Parties.

6.2 Further Documents. Each party will, wherever and as often as it is requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to carry out the intent and purpose of this Agreement.

6.3 Applicable Law . This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.

6.4 Successors and Assigns ; Agreement to Run with the Land of Planning A rea 14.

This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. The City and Owner agreed that this Agreement shall be recorded against Planning Area 14 to provide notice of the City’s right of first refusal. The right of first refusal regarding Planning Area 14 shall run with the land and shall bind and inure to the benefit of the respective successors and assigns of Owner and City.

6.5 Time of Essence . The Parties acknowledge that time is of the essence in this Agreement.

6.6 Counterparts. This Purchase Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Owner will provide an original executed of this Agreement to the City.

6.7 Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies.

Draft: 9-8-24

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6.8 Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendment s or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words “person” and “party” include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the paragraphs and subparagraphs of this Agreement are for c onvenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

6.9 Attorneys’ Fees. If either party hereto incurs att orneys’ fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys’ fees from the other party.

6.10 Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

6.11 Exhibits. The exhibits and schedules attached hereto are incorporated in this Purchase Agreement by reference herein.

Draft: 9-8-24

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth below.

OWNER

CANADIAN PACIFIC LAND, LLC, A

FLORIDA LIMIT ED LIABILITY

COMPANY
Dated: ______________, 2024

By:_____________________________
Name:___________________________
Title:____________________________

RMD INLAND INVESTORS, LLC, A

DELAWARE LIMITED LIABILITY

COMPANY

Dated: ______________, 2024

By:_____________________________
Name:___________________________
Title:____________________________

BUYER

CITY OF JURUPA VALLEY,
a California municipal corporation
Dated: ______________, 2024

By:

Name: Rod Butler
Title: City Manager
ATTEST:

Victoria Wasko, CMC, City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon

By:

Peter M. Thorson, City Attorney

[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation ’s “Operational Group” (Chair of the Board, President, or a Vice -President) and; (B ) one from the corporation’s “Financial Group ” (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313. If the Owner is a limited liability company, limited liability Draft: 9-8-24

EXHIBIT F
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partnership, or partnership, then the managing member of the LLC or the managing partner of the LLP or partnership must sign the Agreement.]
Draft: 9-8-24

EXHIBIT F-A
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12774-0169\2874886v15.doc
EXHIBIT “A” TO RIGHT OF FIRST REFUSAL AGREEMENT
Legal description of Planning area 14

Draft: 9-8-24

EXHIBIT F-B
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EXHIBIT “B” TO RIGHT OF FIRST REFUSAL AGREEMENT
DEPICTION OF PLANNING AREA 14

Draft: 9-8-24

EXHIBIT F-B
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EXHIBIT G

CONSENT AND SUBORDINATION AGREEMENT
RICHLAND PLANNED COMMUNITIES, INC.

Draft: 9-8-24

EXHIBIT F-B
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EXHIBIT H

CONSENT AND SUBORDINATION AGREEMENT

INFINITY BANK

Page | 1
120

STAFF REPORT
DATE: SEPTEMBER 12, 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. 12.G
A

GREEMENT WITH SOUTHERN CALIFORNIA EDISON (SCE) TO

REPLACE HIGH PRESSURE SODIUM VAPOR STREET LIGHTS

WITH LIGHT-EMITTING DIODE (LED) STREET LIGHTS CITYWIDE
RE

COMMENDATION
1) A
pprove an LS-1 Option E authorization with Southern California Edison (SCE) to replace high pressure sodium vapor (HPSV) street lights with light -emitting diode (LED) street lights; and
2) A
uthorize the City Manager or his designee to sign the authorization (Attachment A).

BACKGROUND
A
s part of the City's incorporation on July 1, 2011, the City inherited the streetlight system previously operated by Riverside County. Streetlights are typically established during development and are owned and maintained by Southern California Edison (SC E). The City is responsible for the cost of electricity and maintenance of the streetlights. The City has over 1,650 SCE owned streetlights within City limits , with the majority of the cost being shared between the City and Rubidoux Community Services Dist rict (RCSD) .

Specifically, the City is responsible for approximately 834 streetlights, while RCSD has approximately 816. The majority of the City's streetlights are high-pressure sodium vapor (HPSV) fixtures, which were once widely used in most jurisdictions.

S
ince the early 2000s, many cities have initiated the conversion of streetlights from HPSV to Light Emitting Diode (LED) fixtures due to the numerous benefits they offer. The most significant advantage is the potential for energy and cost savings, as LED fixtures are approximately 50- 75% more energy -efficient, thereby reducing electricity costs and contributing to energy conservation efforts. Additionally, LEDs have much longer lifespans compared to HPSV lights, leading to lower maintenance and replacement costs

RETURN TO AGENDA
Page | 2

over time. Moreover, the conversion to LED lighting enhances public safety by providing higher-quality light, which improves visibility for both drivers and pedestrians.

ANALYSIS

The LS-1 Option E tariff is a program offered by Southern California Edison (SCE) to assist local governments in replacing outdated high- pressure sodium vapor (HPSV) "cobra head" streetlights with more efficient LED fixtures. This tariff enables streetlight replacements with the concurrence and authorization of l ocal governments, after which SCE manages the entire implementation process. Notably, SCE does not require any upfront capital investment from the City of Jurupa Valley; instead, the capital costs are amortized over a 20-year period through energy savings, with zero interest applied.

Upon receiving authorization, the estimated wait time for project implementation is approximately six months. With 834 SCE-owned streetlights in Jurupa Valley, SCE teams will work during normal business hours for about two weeks to complete the installation.

Following the project's completion, SCE will begin updating mapping and billing records, a process that may take several months. However, SCE will retroactively credit Jurupa Valley's streetlight billing back to the project completion date, ensuring that the city benefits from the energy savings as soon as the project is finalized.

• After implementation, Jurupa Valley will save an estimated $57,170 annually on the City’s street light energy bill from SCE.

• After the initial 20 years pass, the estimated savings will grow to $73,667 annually (a snapshot based on today’s dollars and rates, and applicable to our community’s street lighting energy bill from SCE).

Over 330,000 lights have been replaced by SCE over the last several years in communities across Central and Southern California. This project will help the City lower not only cost, but energy usage, reducing Jurupa Valley’s carbon footprint. The new LED fixtures provide superior optics compared to the older generation HPSV lights, are dark sky compliant, and more effectively place light on the street surface with less light intrusion to residents. Th e lights also improve ‘visual acuity,” allowing drivers, pedestrians, and cyclists to see more clearly and with more detail during the evening hours, providing a safer night environment for our residents.

SCE will utilize a standard wattage ratio to match existing lights and conditions on our streets and staff suggests adopting the standard warm color temperature of 3,000 kelvin across Jurupa Valley.

FINANCIAL IMPACT

SCE estimates that during the 20- year repayment period, Jurupa Valley will save approximately $57,170 annually and $73,667 annually after 20 years. Over the course of Page | 3

the initial 20 years, Jurupa Valley will see a cost reduction of $1,143,400 in current dollars which is net of the embedded recovery mechanism in the LS-1 Option E tariff.

• Total savings for Jurupa Valley over 20 years – $1,473,340

• Total embedded recovery mechanism collection over the initial 20 years - $329,940

• Total net savings to Jurupa Valley after recovery mechanism - $1,143,400

ALTERNATIVES

1) Do not approve the Agreement for LS-1 Option E authorization with SCE to replace high pressure sodium vapor (HPSV) street lights with light -emitting diode (LED) street lights
2) Provide alternative direction to staff.

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

120
S

TAFF REPORT
DATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/ CITY ENGINEER
S
UBJECT: AGENDA ITEM NO. 12.H
R

EQUEST FOR TWO SERVICE WORK TRUCKS
RE

COMMENDATION

1. That the City Council approve the purchase of two (2) 2024 Ford F-250 Service Trucks for the Public Works Department from Fritts Ford, Riverside, in the amount of $104,292.84.

ACKGROUND
T
he City covers 44-square miles and the maintenance of public streets is provided by in- house staff and through outside contracts. The City currently has seven in- house maintenance workers who are responsible for responding to resident requests for service, emergency calls, sign replacement installation, illegal dumping, and related miscellaneous services.

In the last fiscal year, the Public Works maintenance team addressed over 3,700 service requests, with reports of illegal dumping and pothole repairs comprising 62% of the total requests. Since its inception, the City has made steady strides in acquiring its own fleet and equipment to enhance service delivery efficiency.

O
n June 6, 2024, the City Council approved the annual budget for Fiscal Year 2024-25, which included funding to purchase two replacement service trucks for the Public Works Department.

AN
ALYSIS
P
resently, the Public Works Department operates fifteen vehicles, ten of which are allocated to the maintenance staff. Among these, six aging compressed natural gas (CNG) F -250 service trucks are nearing the end of their useful life and necessitate replacement.

RETURN TO AGENDA

Page | 2

City staff solicited q uotes for the two service trucks from local dealerships and received three quotes.

Bidder Price
Fritts Ford, Riverside $104,292.84
Hemborg Ford, Norco $106,839.88
Citrus Ford, Ontario $108,117.92

Staff evaluated the three quotes and determined the quote received by Fritts Ford, Riverside is just and reasonable. The service trucks meet all of the requirements of the City at a competitive price relative to the other quotes obtained. Fritts Ford is a reputable dealership in the local market from which the City has purchased multiple vehicles , including a service truck with dumping capabilities in 2022.

FINANCIAL IMPACT

The total cost for the two (2) 2024 Ford F-250 Service Trucks including tax is $104,292.84.

Funding is available for the purchase in the Fiscal Year 2024-25 Budget, Internal Service Fund Equipment and Vehicle account.

ALTERNATIVES

1. Do not authorize the purchase of the two (2) 2024 Ford F-250 Service Trucks

2. Provide alternate direction to staff.

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

Page | 1

STAFF REPORT
DATE: SEPTEMBER 19, 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. 12.I

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 2024-003 (PUBLIC

SAFETY, MISSION VILLAGE) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2024-003 (PUBLIC SAFETY, MISSION VILLAGE); GENERALLY LOCATED AT THE SOUTHEAST CORNER OF

MISSION BOULEVARD AND STOBBS WAY

RECOMMENDATION
1) That the City Council adopt Resolution No. 2024-104, 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 2024-003 (PUBLIC SAFETY, MISSION

VILLAGE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2024-003 (PUBLIC SAFETY, MISSION VILLAGE)

BACKGROUND
The State Legislature enacted the Mello -Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services. The legal property owner, Mission Blvd.

Properties, 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 Mission Village Shopping Center 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 CFD boundary includes the area within a project area known as Mission Village Shopping Center (Assessor Parcel Number s 182-022-002, 182-031-001, and 182 -031- 002). The project proposes a shopping center consisting of approximately 74,835 square feet of commercial, retail, and restaurants across seven (7) new ground -up buildings subject to the special tax . F ive (5) buildings are attached and two (2) buildings are standalone quick-service drive-through restaurants. Each building’s proposed use and square footage are as follows:

Building Proposed Use Building Size
(Square Feet)
Building 1 Retail 9,600
Building 2 Grocery 18,000
Building 3 Retail 15,000
Building 4 Fitness 18,000
Building 5 Retail 10,000
Building 6 Drive-Through Restaurant 3,035
Building 7 Food 1,200
The CFD is comprised of approximately 10.1 gross 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 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.

Page | 3

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 2024-003 (Public Safety, Mission Village) 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 FY 24-25 base year special tax was set in the following amount:

SPECIAL
TAX
Single Family Residential Property (Dwelling Unit) $220.00 Multifamily Residential Property (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
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, beginning July 1, 2025 . The owners have filed a petition representing their willingness to move forward. Due to the timing of the district formation, the first year of levied special tax will be FY 2025-2026.

OTHER INFORMATION
A public hearing on this matter will take place on November 7, 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."

Page | 4

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 for the CFD is expected to be $9429.21, as summarized below:

APN Description Building
Size
(Square
Feet)
Tax per
Taxable
Unit
FY 2024-25
Estimated
Revenue
182-031-002,
182-031-001
Commercial
Retail
9,600 $0.126 $1,209.60
182-031-001 Commercial
Retail
18,000 $0.126 $2,268.00
182-031-001,
182-022-002
Commercial
Retail
15,000 $0.126 $1,890.00
182-022-002 Commercial
Retail
18,000 $0.126 $2,268.00
182-022-002 Commercial
Retail
10,000 $0.126 $1,260.00
182-022-002,
182-031-001
Commercial
Retail
3,035 $0.126
$382.41
182-031-002,
182-031-001
Commercial
Retail
1,200 $0.126
$151.20
Total $9429.21

The property owners posted a deposit with their 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 b y the CFD. The City's cost to administer the CFD annually will be reimbursed through the special taxes charged to property owners.

Page | 5

The revenue and expense will not 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. 2024-104

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- 003 (PUBLIC SAFETY, MISSION VILLAGE) AND TO AUTHORIZE THE

LEVY OF A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY
COMMUNITY FACILITIES DISTRICT NO. PS 2024-003 (PUBLIC

SAFETY, MISSION VILLAGE)

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 2024-003 (Public Safety, Mission Village)" (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 2024-003 (Public Safety, Mission Village )" (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 t he 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 provide d 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 2025-2026, 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 November 7 , 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, 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.
-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 o f 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 landow ner 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 prop erty 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 19th day of September, 2024.

-4-

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. 2024-104 as duly adopted and passed at a meeting of the City Council of the City of Jurupa Valley on the 19th day of September, 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 19th day of September, 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)

Page | 1
120

STAFF REPORT
DATE: SEPTEMBER 19, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 12.J
APPROVAL OF AGR EEMENT WITH REACH OUT FOR FY 2024-25

FUNDING

RECOMMENDATION
That the City Council approve the annual agreement between the City of Jurupa Valley and Reach Out for an amount not to exceed $30,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
Healthy Jurupa Valley is a part of a global network of healthy city initiatives that work to improve the health and quality of life of all residents. Healthy Jurupa Valley (HJV) is a public/private partnership between the City of Jurupa Valley and the nonprofit agency Reach Out. On June 27, 2023, HJV celebrated its 10 years of impact and work in Jurupa Valley. This special celebration brought together a mix of 80 community members and partners to recognize the immense work that has been accomplished in the city.

Each year Reach Out de velops a year-end report to detail the success of the program .

Attachment “2” to this report is the 2023-2024 account to City Council that de tails all of their accomplishments this past year. The table below gives a summary of the deliverables from July 1, 2023 through June 30, 2024.

HJV Objectives July 2023 - June 2024 Year End Status
Arts & Recreation
1) Host an event that directly engages local
artists and the community by June 30,
2024.
2) Conduct 2 school or community
beautification projects by June 30, 2024.
1) Storywalk Event held on
March 16, 2024.
2) Painted handball walls at
Mission Bell Elementary,
Mission Middle School
crosswalk postponed due to
city repaving – pending.

RETURN TO AGENDA
Page | 2

Community Prosperity
1) By June 2024, host quarterly workshops
to help build business’ marketing
strategies and resident’s financial
literacy.
2) Create opportunities for residents to gain
workforce-related skills, and connect with
local employers to find employment, by
June 2024.
1) Workshops held on 9/26/23,
11/14/23, 1/23/24, 2/27/24,
4/30/24, 6/25/24
2) Job Fair event was held
5/23/24 with 28 employe rs
and over 150 attendees.

Gardens & Markets
1) By June 2024, partner with local
organizations to plan and host a
sustainability community event in Jurupa
Valley.
2) By June 2024, work with 2 Jurupa Valley
schools to help create, revitalize, and/or
improve school gardens.
1) Berries in Bloom event held
April 6, 2024 in partnership
with Ortega’s Produce and 7
partnering agencies.
2) Gave support to Pedley
Elementary and Nu eva Vista
Elementary. Early talks with
Misson Middle School.

Jurupa Valley Leaders in Action
1) Implementation of fifth Leadership
Academy cohort supported by graduated
leader by June 30, 2024.
2) By June 2024, create and support
quarterly campaigns for health issues that
raise awareness, promote healthy
behaviors, and increase access to
resources for residents.
1) Launched cohort 5 on
3/13/24 and held graduation
of 10 new leaders on 5/22/24.
2) Quarterly campaigns
regarding Ovarian Cancer
Awareness, Nutrition/Food
Insecurity, Wellness Walks,
and Mental Health
Safety & Readiness
1) By June 2024, create and/or promote a
minimum of 2 safety campaigns
regarding alternative commuting
methods.
2) By June 2024, host seasonal disaster
readiness workshops.
1) Safety Campaigns completed
regarding safe driving, safe
routes to school, and Narcan
training.
2) Workshops with EMD on
flooding, earthquakes, and
fire prevention.

Jurupa Youth United
1) By June 2024, support homeless youth
by increasing access to basic need
resources and services.
2) By June 2024, partner with local
organizations to help clean city parks and
maintain local green spaces.
1) Participated in JUSD food
drive in December.
2) Participated in Adventure
Garden Clean Ups, City clean
ups, and tobacco prevention
campaign.

Page | 3

ANALYSIS

The City Council included funding for Reach Out in the FY 2024/25 budget adopted on June 6, 2024 in order to continue the HJV program.

The HJV’s w ork is accomplished through five Action Teams. Each Action Team is co - chaired by volunteer leaders from the community and is focused on specific goals. The five action areas are: Arts and Recreation, Safety and Readiness, Community Prosperity, Gardens and Markets and Jurupa Valley Fami ly Resource Network. The table b elow is the Scope of Work for the 2023-2024 fiscal year.

Healthy Jurupa Valley Objectives
Fiscal Year 2024 – 2025

City Council
Final Report
July 2023 - June 2024

Table of Contents
Executive Summary
Meet Our Team
Our Vision
Monthly Collaborative Meetings
Dia De Los Muertos 2023
HJV Chair’s Retreat
Team CREATE
Community Prosperity
Gardens & Markets
Jurupa Valley Leaders In Action
Safety & Readiness
In the Community
Closing
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Executive Summary
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Healthy Jurupa Valley (HJV) stands out from other initiatives by embracing a broad, inclusive approach that allows every community member and partner agency to engage with the issues that matter most to them. At the same time, we ensure they remain connected to the broader health concerns of our community through regular monthly meetings, workshops, and events. The big ideas discussed in our collaborative meetings are transformed into tangible actions by Healthy Jurupa Valley’s five Action Teams, which were formed with direct input from the community to address the top priorities identified by our friends and neighbors. We welcome everyone to join us in this collaborative effort to build a healthier city Our volunteer Action Team chairs work tirelessly in coordination with Reach Out, the City of Jurupa Valley and community stakeholders to bring community values to life. Their dedication enables community change at the neighborhood, community, and policy levels. These community champions embrace empowerment through HJV and are a significant resource to the initiative. They are responsible for planning agendas for monthly Action Team meetings, facilitating meetings so that all voices are heard, guiding Action Team activities in support of their mission, and acting as advocates.

Chairs
Joaleen
Aparicio
Orlando
Anaya
Maria
Hernandez
Outreach Specialist Outreach SpecialistOutreach Specilaist Karen
Navarro
Outreach Specialist
Elvira Lopez Natalie
HidalgoOutreach
Specilaist Director
Jesus Gomez
Manzo
Program Manager
Emilee Fox Delia Zapien Pat Taylor
Team CREATE Gardens & MarketsCommunity
Prosperity
Pam ONeal
Gardens & Markets
Lucero Martinez Rosa Ramirez Martha Carrasco
JV Leaders in
Action
Safety & ReadinessJV Leaders in
Action
Yadira
Sanchez
Program
Coordinator
Staff
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Our Vision
Healthy Jurupa Valley is part of a global
movement of healthy city initiatives that work to
improve the health and quality of life of all
residents. Healthy Jurupa Valley is a
public/private partnership between the City of
Jurupa Valley and the nonprofit agency Reach
Out.

HJV's work is
accomplished through
five Action Teams. Each
Action Team is co-
chaired by volunteer
leaders from our
community and is
focused on goals set by
community members,
for community
members.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Monthly Collaborative
Meetings
Aug
Oct
Dec
Sep
Nov
37 Attendees
Guest Speaker
James Luna, Local
Author & Teacher
34 Attendees
Guest Speaker
Maria Alonso,
Huerta Del Valle
28 Attendees
Guest Speaker
Brian Chapman,
Planned Parenthood
46 Attendees
Guest Speaker
Charlie Pagan, The
Wylie Center
39 Attendees
Highlight
Performance by RubidouxHigh School Choir
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Attendees
41 Attendees
Guest Speaker
Fernando Blanco,
Riverside Arts Council
29 Attendees
Guest Speaker
Jobi Wood, Family
Assistance Program
36 Attendees
Guest Speaker
Lus Gomez, IE Resource
Conservation District
47 Attendees
Guest Speaker
Eric Calderon, Inland
Southern California Climate
Collaborative
46 Attendees
Apr 45
Guest Speaker
Somer Martinez,
JUSD Nutrition Services
Coordinator
Jan
Mar
May
Feb
Apr
Jun
Monthly Collaborative
Meetings
Guest Speaker
Monique J. Williams, PhD
Alternative Wellness
Practitioner
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Reach Out recently held its 2nd Annual Dia de los
Muertos Jurupa Valley on Saturday, October 21 at
the picturesque Rancho Jurupa Regional Park.

This free community event exceeded last year’s
attendance with over 4,000 local and surrounding
residents attending.

Aside from honoring loved ones with altars, there
were also lots of food and art vendors, Aztec
dancers, ballet folklorico, mariachi, and live
musical performers such as Los Rockin Slugs, Los
Guipos con A, La Gran Sonora de Colombia, and
closing the stage was Felipe Orozco y la Banda.

Wrestlers from the Empire Wrestling Federation
captivated the crowds throughout the day
performing hair-raising stunts at the ring in the
center of all the event festivities. In addition,
equestrian teams including escaramuzas and
charros gallantly paraded around the arena
mesmerizing onlookers with fancy riding
techniques such as side-saddle. New to the event
this year was a Catrina contest where the top
three best costumes were presented with prizes.

Dia de los Muertos Jurupa Valley brought
community members together from all walks of life
creating a sense of cohesiveness to celebrate
cultural traditions. Special guests in attendance
included Senator Richard Roth, City of Jurupa
Valley Mayor Pro-Tem Guillermo Silva, Council
Member Leslie Altamirano, and a representative
from the Office of Assemblymember Sabrina
Cervantes.

Dia De Los Muertos 2023
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Dia De Los Muertos 2023
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Dia De Los Muertos 2023
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
One of Healthy Jurupa Valley’s ongoing traditions
is to host a retreat for the action team chairs, at
the beginning of each fiscal year. The retreat
provides the chairs a space to reflect on the
previous year and plan for the upcoming one.

Additionally, the retreat provides a great space for
team building across the chairs and Reach Out
staff, as they both play a pivotal role advancing
the efforts of the collaborative.

This fiscal year, the HJV Chair’s Retreat took place
on the morning of July 20, 2023. The morning
started off with an energizing activity that
challenged both the action team’s communication
skills and creativity. The goal for the chairs, and
their respective support staff, was to build the
tallest free-standing balloon tower using only non-
verbal communication. While all teams were able
to produce a balloon tower, only the winning team
was able to produce a tower that stood at about 7
feet tall!
With everyone feeling energized, the retreat
proved to be a fruitful gathering for the
collaborative. The teams were able to revisit and
reestablish the roles and responsibility for both
the chairs and the support staff. Additionally, the
teams discussed new procedures to make the
monthly collaborative meetings more engaging for
community members and partners. Ultimately, by
the end of the retreat, the action teams created a
roadmap for this new fiscal year which will help
them reach their objectives and continue
supporting the growing community.

HJV Chair’s Retreat
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Team CREATE
Chair:

Emilee Fox
Mission:

Inspire, develop, and enhance equitable opportunities that unify the communities of Jurupa Valley through artistic, creative, and recreational activities.

Monthly Meetings: 2nd Tuesday of every month
7/11/23, 8/8/23, 9/12/23, 10/10/23, 11/14/23, 12/12/23, 1/10/24, 2/20/24, 3/12/24, 4/9/24, 5/14/24, 6/18/24
2023-2024 Objectives:

Host an event that directly engages local artists and the community by June 30, 2024.

1. Conduct 2 school or community beautification projects by June 30, 2024.2.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Little Free Libraries
Little Free Libraries are small outdoor structures that function as book exchanges in communities. They encourage people to take and leave books, promoting literacy and a sense of community.

Currently, Health Jurupa Valley has established over 20 Little Free Libraries across the city. In order to help keep the libraries accessible to the community, Team CREATE schedules recurring maintenance visits. At these visits they clean, repair, and restock the libraries.

In August, the team was able schedule a maintenance visit across all little libraries in the city. They particularly focused on some libraries that had been impacted by the weather conditions, straighten them and reinforcing their bases.

Additionally, Team CREATE was able to help establish two new little free libraries in the city. One was set up outside the residence of a community members having been decorated by her kids with Disney theming. The second one was installed in partnership with the YMCA Youth Center in Jurupa Valley. The YMCA shared that their kids had a great time brainstorming and decorating their library.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Healthy Jurupa
Valley Book
Keeping in line with Team CREATE’s work on supporting city-wide literacy efforts, the team decided to begin work on a Healthy Jurupa Valley children’s book this fiscal year.

Kicking off the fiscal year, the team tasked the attendees of the Healthy Jurupa Valley Collaborative meeting to visualize an HJV book and create a representation of the cover page. Several of the submissions (pictured above) demonstrate common themes of growth, unity, and community health.

As the team works to flesh out this idea more through the year, there are initial plans to involve the local youth in the creation process. The team plans to create opportunities for youth to be able to both write and illustrate sections of the book. The goal is to showcase literary career paths, reach students interested in literacy, and have them credited in a published work.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Book Wrapping Party & Tree
Lighting Ceremony
For the 3rd consecutive year, children had the
opportunity to receive a complimentary wrapped
book at Jurupa Valley’s Tree Lighting Ceremony,
complete with hot chocolate and holiday music.

Additionally, the Team offered a make-a-
reindeer or snowman activity for kids interested
in taking home a creative keepsake.

Leading up to the event, Team CREATE
organized their annual Book Wrapping Party at
the Reach Out Conference Room for Jurupa
Valley's Tree Lighting Ceremony. A dedicated
team of 40 volunteers worked together to wrap a
total of 770 books.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
School Beautifications
Jurupa Valley High School
Mission Bell Elementary School
The team was invited to visit the Jurupa Valley
High School wellness center to discuss the
potential for a school mural. The main idea
discussed was to paint a side wall, with input and
help of the student body. Potential for an art
contest was also discussed. Ultimately, at this
stage in development of the wellness center, the
school decided to pass on the project. The team
plans to follow up with the school next school
year to gauge further interest in continuing the
project.

Team CREATE has been in communication with
the new principal at Mission Bell Elementary
regarding painting murals on their handball walls.

In November, the team conducted a site visit to
view the proposed walls and discuss initial ideas
and logistics with the principal. At this meeting,
the principal gave us full buy-in to the project
and some ideas on what she wanted to see.

In December, the team met with the principal
again to review and finalize the mural designs.

The school had gotten input from their students
as to what they wanted to see and coupled with
some designs Team CREATE had suggested, the
final 4 designs were chosen (pictured right).
(Note: the bell design was created by a teacher
at the school!)
Work days are set for February 13-16, 2024.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
School Beautifications
Mission Bell Elementary School
Mission Middle School
Our school beautification project at Mission
Bell Middle School was a fantastic success!
Our goal was to make our school look more
beautiful by painting colorful murals on the
handball walls.

Team CREATE worked together with the
principal, school staff, parent and community
volunteers, and 6th grade students. The 6th
graders who stayed behind while others
went to camp were excited to help.

Due to the community's involvement in this
project, we were able to complete the murals
ahead of schedule. As a result, the students
were able to enjoy the artwork just in time for
Mission Bell's Kindness Week, where they
debuted a buddy bench that faces the
playground and murals.

Students at Mission Middle School got the
chance to submit their designs to paint over
the crosswalks outside the school. Two
amazing designs were chosen as the
winners! Everyone was looking forward to
seeing these colorful crosswalks every day.

But then, we got some news. The city has
plans to repave the street and parking lot
outside the school. The project has been
postponed until the repaving is finished.

Even though we have to wait, we can’t wait
to see the student’s designs brightening up
our school.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
StoryWalk
On April 9, Team CREATE hosted the second
annual StoryWalk event at the Adventure
Garden. The story “The Runaway Piggy” by
James Luna was displayed on boards placed
along a walking path in the Adventure Garden,
allowing participants to read and interact with
the story as they walked through the garden.

We partnered with Safe Routes to School to
provide families with essential public walking
skills. The 501st Legion brought various Star
Wars characters to life and IEHP sponsored a
talented balloon artist, delighting children and
creating memorable photo opportunities.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Community Prosperity
Chair:

Delia Zapien
Mission:

To build a supportive and viable environment for business and entrepreneurship, strength and prosperity in families.

Monthly Meetings: 3rd Monday of every month
8/28/23, 9/18/23, 10/16/23, 11/20/23, 12/18/23
2023-2024 Objectives:

By June 2024, host quarterly workshops to help build business’ marketing strategies and resident’s financial literacy.

1. Create opportunities for residents to gain workforce-related skills, and connect with local employers to find employment, by June 2024.

2. HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Community Financial
Workshop
On September 26, 2023, the Community Prosperity Action Team hosted their first financial workshop. Under the guidance of Ally Jackson, Vice President/Branch Manager, and Fermin Mesina, Senior Financial Advisor, from First Bank, the community benefitted from an informative workshop covering a range of essential topics: Retirement Planning, Wealth Management, Creating a Legacy, and Basic Business Banking. A diverse group of 14 attendees engaged actively, seeking insights and guidance. The workshop catered to all ages, with even a 12-year-old participating enthusiastically in discussions about securing their financial future.

At the end of the workshop there was an interactive session that involved the distribution of envelopes tailored for various saving goals. The goals included emergency funds, bills, vacation, and personal indulgences. Ally and Fermin extended their support beyond the workshop by facilitating a one-on-one meeting to assist a young individual in opening a savings account the following week. This bilingual presentation proved invaluable, offering comprehensive insights into saving strategies, retirement planning, and funding education.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Marketing Through Your
Community Worskhop
On November 14, 2023, the Community
Prosperity Action Team hosted a marketing
workshop. This workshop was led by Janette
Limon, Reach Out’s Media and Marketing
Specialist II.

Janette had the opportunity to provide the
community and small business owners ways to
improve their marketing strategies. She taught
the basics of social media and content creation.

Small business owners also discovered how to
build their own brand and explored different
ways to market their business. Additionally,
Janette covered how to use LinkedIn to allow
community members to connect with
professionals and grow their network. During
the presentation Janette shared user-friendly
software to create personalized websites,
highlighting the difference in organic marketing
and paid marketing.

The workshop brought together 11 community
members to better their marketing skills and, at
the end of the workshop, they created a digital
business card, allowing them to carry their
brands with them at all times. Overall, this
workshop was informative and a great way to
get community members and small business
owners to start exploring and expanding their
brand.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Build Your Resume Workshop
On January 23, 2024, the Community Prosperity Team hosted a Build Your Resume Workshop. This workshop was led by one of our community members Werner Kontara alongside the chair of the Community Prosperity Team, Delia Zapien.

The event drew participants from diverse backgrounds, ranging from high school students to adults seeking to refine or create their resumes. In total, eight individuals attended this enriching session, During the workshop, Werner introduced his innovative approach dubbed ‘Alternative Job Shopping’, honed over his extensive 50- year career, which emphasizes the benefits of temporary work as a pathway to securing permanent employment.

Additionally, participants received a comprehensive packet containing valuable resources, including resume-building worksheets, sample templates, and a directory of agency contacts for those actively seeking employment opportunities. Overall, this workshop was a success and community members even suggested to host another workshop involving cover letters.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Basic Computer Skills
Workshop
On February 27, 2024, the Community Prosperity Action Team hosted a Basic Computer Skills Workshop. Isaac Lopez, Program Support Specialist from the CHEW department facilitated the workshop. This workshop took place at the Youth Opportunity Center in Jurupa Valley. The workshop covered essential topics such as Navigating your Computer, Internet Basics, and Operating Systems. Despite modest attendance, with only three community members present, this allowed for personalized attend and one-on-one assistance. Collaborating with dedicated action team members like Werner Kontara, we were able to address specific needs and even assist community members with website creation. Overall, this workshop proved to be a modest success, providing tailored support that was deeply appreciated by the participants, fostering a sense of value within the community.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Wills and Living Trusts
On April 30, 2024, the Community
Prosperity Team hosted a Wills and Living
Trusts Workshop. Ernesto Rodriguez, an
attorney with Honest Law Group, recently
had the opportunity to share his expertise
on wills and living trust with members of the
community.

The workshop was attended by 24
participants, all of whom arrived well-
prepared with questions. Mr. Rodriguez
provided a comprehensive overview of the
differences and importance of wills and
living trusts, addressing each question with
practical examples and detailed
explanations of the available options. He
also elucidated the process involved in
creating wills and living trust, outlining the
necessary step to complete each one.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Resource Center 1 Year
Anniversary and Job Fair
On May 23, 2024, the Community Prosperity
Team collaborated with Jurupa Valley
Resource Center, First 5 Riverside, and
Workforce Development as they
successfully hosted their inaugural Resource
Center Celebration and Job Fair.

The event granted significant
participation, boasting a turnout of over
28 employers. Attendees enjoyed a
diverse range of activities including
complimentary services such as
haircuts, face painting, and ballon
artisanry, accompanied by
complimentary food and musical
entertainment throughout the
proceedings. Despite inclement weather,
the event attracted approximately 150
attendees, underscoring its significance
as both a job fair and celebration
marking the first year of the Jurupa
Valley Resource Center’s establishment.

Additionally, participating employers
and organizations generously
contributed small gifts for community
members to win through an opportunity
drawing, further enhancing the event’s
appeal and community engagement.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Money Management
Workshop
On June 25, 2024, the Community Prosperity Action Team hosted a Money Management Workshop, led by community and action team member Werner Kontara. Werner provided valuable insights on effective money management and budgeting strategies. Attendees received handouts designed to help them track their expenses and allocate their income efficiently.

During the workshop, Werner detailed the recommended percentages for income allocation, such as advising that 25% of income should be dedicated to housing costs. He also provided a step-by-step guide on creating a ledger, with sections for attendees to record their personal budget percentages. Werner explained the calculations necessary to determine the correct amounts for each category.

Additionally, Werner offered guidance on credit card management, sharing best practices for handling credit responsibly on a monthly basis.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
This fiscal year, the Community Prosperity team has set out to create a small business recognition program to help celebrate local businesses making a positive impact in their community.

In October, the team began brainstorming and fleshing out the goals and requirements of the program. The main goal under this initiative is to recognize local businesses that show involvement in the community. Currently, “involvement in the community” would be measured by the following metrics:

Be actively involved in the Community Prosperity Action Team (min. 2 meetings).

Support Reach Out events with promotion or being a vendor (min. 2 events).

Support non-Reach Out community events (min. 2 community events).

Have active social media page.

Set up a community events/flyer table on site.

Allow promotional materials to be posted at site.

The team hopes to soft-launch the program by June 2024, and have it fully fleshed out by the beginning of the next fiscal year.

Business Recognition Program
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Gardens & Markets
Chairs:

Pat Taylor & Pam O’Neal
Mission:

Striving to provide increased access to healthy food by connecting our community to food's earthy origin.

Monthly Meetings: 2nd Monday of every month
8/14/23, 9/11/23, 10/09/23, 11/13/23, 12/11/23
2023-2024 Objectives:

By June 2024, partner with local organizations to plan and host a sustainability community event in Jurupa Valley.

1. By June 2024, work with 2 Jurupa Valley schools to help create, revitalize, and/or improve school gardens.

2. HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Community Field Trip
Instead of going dark in the month of July, the Gardens & Markets action team decided to set up a community field trip to the LandUse Learning Center. The LandUse Learning Center is a demonstration garden that exhibits sustainable practices for the three main land uses of southern California: native habitats, urban areas, and agriculture.

On this trip, action team members were given a tour of the garden and educated on the history of Riverside County’s flora. They had the opportunity to explore the importance of using native plants in future projects and building project that will be sustainable long term.

The hope of the team is to use some of the information and resources gained from this trip to help inform the future revitalization of the Adventure Garden.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
School Garden Support
Support for the Nueva Vista school garden has
been an ongoing project for the Garden & Markets
action team since last fiscal year. Mr. Umbarger,
champion of the garden, has been great at
establishing and growing the garden along with his
students. On our end, the team checks in with him
on a monthly basis to discuss areas of support.

Previously, we have been able to support his
garden with materials and supplies. So far this
fiscal year, the team was able to connect with
Burrtec on behalf of Mr. Umbarger and obtain a
mulch donation for the garden. Burrtec was able to
deliver the mulch on site for use by Mr. Umbarger
and his students.

Pedley Elementary School
As school let out for summer this past school year, the Principal from Pedley Elementary reached out for support with their garden. The teachers in charge of the school garden had expressed concern with how well the garden would hold up to the summer heat. They were having trouble with their drip irrigation system and felt it was not watering the garden sufficiently. To help keep the garden alive for the students, the team supported with watering it twice a week for the month of July. Additionally, the team took it upon themselves to remove several sections of Goat’s Head weeds from the premises, as they posed risk of injury for the students.

Nueva Vista Continuation School
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Sustaining the
Adventure Garden
Maintaining the Adventure Garden has proven to be a more of a formidable challenge for the action team than originally thought. The garden, like any natural space, has experienced constant growth of a large variety of overgrown weeds facilitated by the unpredictable weather conditions thrown its way.

From sudden rain showers to unexpected heatwaves, the elements have tested the resilience of this community green space, as well as the team’s commitment to maintaining this a conducive space for community engagement.

Despite the adversity, through the hard work and dedication of our committed community members and collaborating partners during monthly clean-up days, the Adventure Garden is in the process of a transformation. Everyone who has supported this boots on the ground work have all shared a sense of responsibility, have tackled the overgrown weeds, restoring order and beauty to the once-challenged landscape. The following are some highlights of the clean-up days the team has had so far:

What Next?
July 19th, 2024
September 13th, 2023
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
October 7th, 2023
Sustaining the
Adventure Garden
Looking Ahead
The team is currently in communication with the Inland Empire Resource Conservation District (IERCD) to revitalize the Adventure Garden, creating a more sustainable and eco-friendly community green space. In November, the team conducted a site visit with IERCD to get input on what the next steps should be for this project. Upon their guidance, the revitalization of the Adventure Garden will be done is phases to ensure work is done in an efficient and strategic manner.

Phase 1 will kick off at the start of 2024, with a general weed removal clean-up day. In the meantime, the team will work on acquiring ink-free carboard to lay once the weeds have been removed, providing a barrier against new weed growth. Burrtec will be supplying fresh mulch to lay over the carboard allowing for a clean slate to plant more native vegetation in the following phases.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Cultivating
Partnerships
The decision to seek collaboration and support for maintaining the Adventure Garden reflects a proactive and community-oriented approach to addressing the substantial workload involved. We began to look for various partners who enhanced the garden's sustainability and overall impact.

Overflow Farms' contribution of fresh fruits and
vegetables to the first 30 volunteers not only provided access to nutritious food but also encouraged
community engagement and participation.

Burrtec's support in providing large green waste
bins at no cost was a valuable contribution to
managing the garden's waste. This collaboration
not only aided in waste disposal, it provided the
opportunity to practice environmentally friendly
green waste management. A superior alternative to
the plastic trash bags the team has had to use in
the past.

The collaboration with the Inland Empire Resource
Conservation District adds a layer of expertise and
strategic planning to the project. The site visit and the subsequent tips and brainstorming sessions indicate a
commitment to transforming the garden into a more
sustainable environment. The previously mentioned
phased approach, which is set to begin with the new
year, showcases a thoughtful and systematic strategy
for garden enhancement.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Gardens and Markets co-chairs, Pat and Pam, have consistently purchased strawberries from a local 1 acre strawberry farm in Jurupa Valley, Ortega’s Produce. Most recently, they noticed the strawberry stand needed renovating and spoke to the owner, Manuel, to see if he needed and wanted any support from the Gardens and Markets Action Team.

From the various conversations and visits with Manuel, the team learned that the business has suffered a significant loss since the construction closure of Jurupa Rd. Manuel expressed he would usually sell 30-35 cases of strawberries daily, during peak season, and now barely manages to sell about 5-7. To begin, the team has offered their support in submitting the business address to Google Maps, increasing online visibility. Additionally, the team is working on setting up work days to paint the stand, increasing street visibility to passersby.

Supporting Our Local
Strawberry Farm
Strawberry Stand
Beautification
In March, we planned our
beautification day to bring some
color to the stand. This 4 hour
project led by Reach Out and our
partners created a beautiful mural
for customers to take pictures.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
On April 6th, we hosted a Berries in Bloom event, showcasing Ortega’s Produce strawberries. We gave away free reusable tote bags to the first 50 attendees.

The farm was filled with sustainability resources and invited everyone to enjoy delicious, fresh produce. From crafting your own bird feeder to a fascinating tour of our strawberry fields led by Master Gardener Karen Bradford, it was a day packed with fun and learning.

Over 170 community members enjoyed a Strawberry Field Tour, various activities and resources, a photo mural, and had the opportunity to purchase fresh strawberries. The business made over 1,000 dollars within three hours of the event.

Organizations that participated included Ortega Produce and Grower, Jurupa Community Services District, SIMS Tree Learning Center, Louis Robidoux Parkland & Pecan Grove, Tobacco Control Project, Overflow Farms, Feeding America, and Master Gardeners.

Berries in Bloom
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
JV Leaders in Action
Chairs:

Lucero Martinez & Rosa Ramirez
Mission:

Equip Jurupa Valley community members with the knowledge and resources available in their communities.

Monthly Meetings: 4th Tuesday of every month
7/25/23, 8/22/23, 9/26/23, 10/24/23, 11/28/23, 12/19/23 2023-2024 Objectives:

Implementation of fifth Leadership Academy cohort supported by graduated leader by June 30, 2024.

1. By June 2024, create and support quarterly campaigns for health issues that raise awareness, promote healthy behaviors, and increase access to resources for residents.

2. HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
IE4Teal Ovarian
Cancer Walk
On September 3, 2023, the JV Leaders in Action supported IE4Teal’s first Ovarian Cancer Walk, which took place locally at Vernola Park. The walk was in support of the fight against ovarian cancer, bringing awareness to the cause and highlighting those who have been affected by the disease. The walk included a wellness zone, information booths, kid’s zone, Zumba and music. An estimated 200 individuals showed up to support the cause and join the walk.

Prior to the event, the JV Leaders in Action designed T-shirts and created posterboards to display and cheer on the participants. It was great to see the Leaders and community members brainstorming ideas and working collaboratively as they rallied behind this important locally-grown initiative.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Nutrition Campaign
October-December 2023
The JV Leaders in Action’s 2nd quarterly health campaign focused on nutrition and food insecurity. The focal point of this campaign was partnering with Community Health Systems, Inc. to support their annual Day of Giving Event. In preparation for the November 20th event, the leaders promoted the event and collected canned goods and other non-perishable items. Additionally, the leaders supported the event day by distributing resources, directing people as they arrived and assisting with line control. The event was a huge success serving an estimated 300 community members.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
December Meeting and Potluck
The JV Leaders in Action met on December 19, 2023 for a morning of team building activities and holiday cheer. The activities focused on non-verbal communication skills as well as mental wellbeing. Based on the positive response from the Chair’s Retreat, the team decided to bring the balloon tower activity to the leaders- the goal, once again, being to build the tallest free standing balloon tower using only non-verbal communication. Additionally, the leaders participated in a picture activity focused on mental wellbeing. Each leader chose a picture out of many and expressed why it resonated with them. This gave the leaders an opportunity to talk about their mood/feelings, especially during the holiday season, which is a time when many people go through tough times both emotionally and financially. Traditionally, the team works to make the December meeting a space for community building and self-care. As such, the leaders also had the opportunity to partake in a potluck and share a meal with their fellow peers.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
JV Leaders in Action at Feeding
America’s Can Tree Wonderland
On December 2, 2023, the JV Leaders in Action took part in Feeding America‘s annual Can Tree Wonderland. This event encouraged different organizations, businesses and community members to collect approximately 700 canned goods and build a tree with a theme and/or company logo. The canned goods are ultimately donated to Feeding America and distributed to those with food insecurities.

Feeding America extended an invitation to the JV Leaders in Action to participate as judges for this wonderful event. The leaders felt honored to take part in this amazing event that brings people together in a very creative and festive manner.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Wellness Walks Campaign
On March 7, 2024 the JV Leaders in Action began it’s third campaign focused on physical well-being at Clay Park, then continued at Shadow Rock Park and is currently walking at Horseshoe Lake Park. The group started small but has eventually picked up in numbers as the word continues to spread. The Leaders in Action have the vision of serving different communities within Jurupa Valley by hosting these wellness walks at different park locations with a minimum of four consecutive weeks at each of the parks to provide an opportunity for anyone to join.

Horseshoe Lake Park
Shadow Rock Park
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
May 28, 2024 Meeting
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
On May 28, 2024, the Leaders in Action kicked off their Mental Health Campaign. Fatima Baldelomar from Love and Nurture educated the leaders on the different types of mental health disorders that affect our communities and equipped them with the tools and resources available for mental well-being. The leaders also had an opportunity to create posters with images and messages relating to mental health and well- being that will be disseminated thru social media and flyers in an effort to break the stigma that currently exists about such topic.

JV Leadership Academy Cohort 5
March 13, 2024 marked the start of the JV Leadership Academy Cohort #5. Throughout the course of ten weeks the cohort welcomed guest speakers and providers that covered topics such as leadership styles, effective communication and conflict resolution, immigration, navigating the health care system, self-care and safety in the community and more. During their graduation, the cohort presented on health topics of interest to them which gave them an opportunity to showcase their communication skills and knowledge of selected health topics. The JV Leadership Academy graduated a total of ten new leaders on May 22, 2024 whom have already demonstrated to be advocates and engaged community leaders.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Safety & Readiness
Chairs: Vacant
Mission:

Engaging the community with resources, education, and information on safety and emergency preparedness
Monthly Meetings: 3rd Thursday of every month
9/21/23, 10/19/23, 11/16/23, 12/21/23, 01/18/24, 02/15/2024, 03/21/24, 04/18/24, 05/16/24, 06/20/24
2023-2024 Objectives:

By June 2024, create and/or promote a minimum of 2 safety campaigns regarding alternative commuting methods.

1. By June 2024, host seasonal disaster readiness workshops.2.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Skate Thru Summer
The Safety and Readiness Action Team hosted Skate
Thru Summer 2023 on July 12th from 5-8pm at the
Jurupa Valley Skate Park. This event was being
planned at every action team meeting since January
2023 with the help from HJV community members,
agencies, partnerships, and local businesses. This
event promoted youth safety and provided a space
for them and their families to have fun and receive
resources from various organizations.

There was a total of 400 attendees at this event that
received free backpacks, helmets, first aid kits, food, and activities.

The Go-Human Mini Hub grant supported the event by providing helmets, first aid kits. and demonstrations in the parking lot. These demonstrations consisted of a separated bike lane and an artistic crosswalk. The separated bike lane is a bike lane with a physical barrier between vehicles and bicyclists. This provides physical separation between pedestrians and traffic. The artistic crosswalk contains unique design elements such as bright colors to enhance safety through high visibility artwork.

There were several organizations and bike/skating
groups that participated at the resource fair. In total, 20 booths set up around the park. These organizations
provided the community with not only information about
their programs but free bikes, scooters, safety trainings, and a parade lap around the park.

Skate Thru Summer 2023
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
National Night Out & National Take Back Day
Disaster Briefings and Emergency Preparedness
The Safety and Readiness Action team collaborate routinely with local law enforcement to educate and prepare
community on the efforts against opioid overdoses. Through a comprehensive approach the Safety and Readiness team
have trained community members on how to administer
Narcan and provided equipped them with Narcan kits at the completion of the course. Through the combined efforts of both parties, Jurupa Valley has three well maintained and active drop-off boxes for any unused or expired medication.

The team participated at this year’s National Night Out event to further promote the drop boxes and National Take Back Day.

The Safety and Readiness team has identified a need for preparedness regarding seasonal disasters. In
collaboration with Emergency Management Department
the Safety and Readiness Team was able to identify and
host the following briefings. In December 19th, 2023 the Flooding Briefing was held, and maps were handed of
potential landslide zones and dam zones. Community
members were given access to a public database with fine detailed forecast updated by local meteorologist
databases.

In February 15th, 2024 Emergency Management and
Disaster spoke on the importance of Earthquake
preparedness. Community members were highly advised
to install the “MyShake” app powered by UC Berkley’s
database and partners. The application is constantly
updating on the seismic activity and its user interface allows folks to intuitively navigate and stay up to date.

Additionally community members were signed up for the
CEA Brace + Bolt Retrofit program if they qualified.

In May 29th, 2024 Emergency and Management presented on Fire Season. From the importance of identifying and setting a barrier to the types of insurance that help cover damages. Evacuation zones and potential routes were planned and highlighted within the all communities in Jurupa Valley.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Safe Driving Campaigns
The Safety and Readiness Action team in collaboration
with Cal Baptist University and Jurupa Youth United
came together to create advertisement messaging. The
campaign revolved around the Social Host Ordinance
that Jurupa Valley adopted in 2022, educating the
community on the dangers of driving under the
influence and the impacts of the determinants of health.

The post further broke down the environment and
individual responsibilities and their reciprocate
relationship in improving the quality of life for
community members. Billboard messaging was located
between Clay St. and Van Buren.

RUHS Safe Routes
In collaboration with RUHS the Safety and Readiness
team was able to cofacilitate a workshop/training with
the Jurupa Youth United group. The training taught the
youth on how to teach toddlers the rules of the road.

Through a child development approach the youth
identified how fast mapping allows toddlers to
associate shapes, colors, and verbiage with the
cautionary senses needed when sharing the road with
automobiles. The workshop was then held on March
16th, 2024 at the Rubidoux Library. A total of 40
toddlers were trained in the interactive course.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
American Planning Association Inland Empire
Section Awards
The Safety and Readiness Team was invited to
receive an award from the APA in the I.E. Chapter.

By collaborating with SCAG the Safety and
Readiness action team brought people-oriented
infrastructure pop-up materials to show the
equitable shift of public transit towards historically
disadvantaged communities. In hopes to priorities
the needs of communities and ensuring they thrive.

As the shift goes from automobiles - whose carbon
footprint comes at the cost of low-income
communities- to the future of our local
communities.

Narcan Trainings In Jurupa Valley City
September 2023 Soboba Tribe Narcan Training
- 20 People
October 2023 Narcan Training Rubidoux High
School - 35 People
January 2024 Online Trainings - 38 People
January 2024 PUSD Parent Trainings - 8
People
February Narcan Training with Inland Counties
Legal Services - 72 People
February Narcan Training - Patriot High School
(Ms. Cuccio's classes) - 76 People
March 2024 JYU Narcan Training - 13 People
The Safety and Readiness’s educational outreach
was focused on the current opioid crisis ensuring
and empowering community members to safe
lives. From community events to the classroom
setting, the Safety and Readiness team’s efforts
made sure that community members knew the
steps to administering Narcan. Bolstering their
confidence in intervention and protection as
California Health and Safety Code 1799.102
Bystander Protection dictates.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
The Safety and Readiness Action team’s Jurupa
Youth United is collaborating with Riverside
County Tobacco Control Project to pass a
comprehensive flavored ban on tobacco products
in Riverside County. Through a combination of
quantitative and perceptual data the Jurupa Youth
United will present to The Board of Supervisors on
the health concerns and risks that these products
have on the quality of life of community members.

Jurupa Youth United
JUSD Food Drive
Career Speakers
Advancing Public Health Performance
The Jurupa Youth United aided the efforts to
reestablish the moral and unity of the JUSD Food
Drive through city-wide messaging and food drop-
off box locations. Additionally, the JYU participated
in both days of the food drive not only preparing
but also distributing food boxes to their fellow
community members. The youth additionally
helped in collaborating with Reach Out’s Resource
Center to sign up folks rent and utility assistance
programs.

Jurupa Youth United is composed of 40 students
varying from the following three high schools
Jurupa Valley High School, Rubidoux High School,
and Patriot High School. The youth have shown an
interest in networking with local professionals
within their respective fields. On January 16th, the
Family Night Honest Law Group was invited and
presented on how to prepare for law school and
more importantly what skills are needed for a
successful career. Future speakers will present to
the youth in the upcoming school year.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
The Safety and Readiness Action team’s Jurupa
Youth United acknowledges the transitional period
of youth to young adult that many of its members
are in. To empower them and guide their
autonomy to a better quality of life the Safety and
Readiness team holds seasonal substance use
prevention course. The youth have been trained
and given Narcan to identify and counter an opioid
overdose. In hopes to establish a culture of
empathy and community building members are
educated on the importance of centering people
first and their symptoms secondary in order to
save and change a life.

Jurupa Youth United
Graduation
Substance Use Prevention Course(s)
Jurupa Youth United proudly boasts their first
cohort of seniors off to college. Seniors were given
letters of recommendation for their efforts in
improving their communities and paving the way
for their peers to find their voice. From hours of
community service to serving at community
events, being a vector of resources builds humble
yet honorable civil servants.

Leading by example the senior class of 2024 set
the standard for the amount of involvement and
impact they had within Jurupa Valley. All of these
students not only juggled their studies and other
extracurriculars but dedicated their time to
city/community clean-ups, Narcan training their
peers, surveying community members for stricter
policies on tobacco, and disseminating local
resources to community members. The emphasis
on pursuing equitable and community-centered
changes has shaped their interest and wish them
well in their future endeavors.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Summer Reading Finale @ Robidoux Library
Our team helped the Robidoux Library celebrate the closing of their 2023 Summer Reading program. The team was able to connect families with CalFresh Healthy Living recipe cards as well as small giveaways, like lunch boxes and reusable utensils. Additionally, the team lead the families in scarf dance exercises which promoted active living and challenged the kid’s hand eye coordination.

In The Community
July
Back to School @ Sky Country Elementary
Our team supported Sky Country kick off their new school year with resources and family activities. Our team was able to connect with families and provide resources to help start this school year off strong.

Saturday at the Park @ Rancho Jurupa
Hosted by RivCo’s Regional Parks & Open-space District, this event brought families together for a day full of fun at the Rancho Jurupa Regional Park. The event included a car show, food trucks and a kid’s zone. Our team added to the festivities by hosting a resource booth with kids activities and giveaways.

Registration Day @ Rubidoux High School & Back To School @ Jurupa Valley High School
As part of our ongoing youth recruitment for Jurupa Youth United, the team was able to host a table at both events and connect with students. The team was able to distribute resources and giveaways to engage with the youth, but, most importantly, connect with youth that have a passion for community work but might struggle to get involved. Through this effort, the group was able to grow to 40 members in their first meeting of the school year!
August
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
In The Community
Soboba Tribal Family Services Opioid/Narcan Training
Members of the Safety & Readiness team conducted an Opioid Awareness and Narcan training for staff of Soboba Tribal Family Services. Topics covered included: understanding opioids, signs of an overdose, and Narcan administration. Staff received a Narcan kit at the end of the training.

Health Resource Fair @ Reach Out
The HJV team supported Reach Out’s Health Equity Team and the California Health Collaborative with their Health Resource Fair. At this event community members had access to free health screenings and vaccines, amongst other resources and family activities. Families were offered free hotdogs for participating in the event.

September
Fall Festival @ Indian Hills Elementary
The HJV team provided resources and family activities at this fall festival.

Trunk O’ Treat @ Industry Barber Company
The HJV team participated in this event and distributed resources, giveaways and candy to families. Primarily focused on counterfeit opioid pill education and overdose prevention, the HJV team empowered community members to be the first line of defense.

October
Movie Night @ Jurupa Mountains Discovery Center
On August 25, 2023, our team hosted a free film screening in partnership with Jurupa Mountains Discovery Center. Thirty-nine community members joined us at this film screening to watch a screening of Big Hero 6. The team was able to offer free bike helmets and bike lights to attendees, in addition to sharing videos about traffic safety. This event allowed us to invite the community to one of Jurupa Valley’s hidden gems and give them a free family friendly event to enjoy.

HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
In The Community
Fall Festival @ Rubidoux Nature Center
The Gardens & Markets team supported this event and connected with residents that enjoy connecting with nature. Resources and giveaways were distributed.

National Take Back Day @ RUHS Community Clinic
The Safety & Readiness team shared drug prevention resources, such as Narcan training dates and medication drop box locations.

Narcan Training @ Rubidoux High School
Members of the Safety & Readiness team conducted an Opioid Awareness and Narcan training for staff of Rubidoux High School.

Topics covered included: understanding opioids, signs of an overdose, and Narcan administration. Staff received a Narcan kit at the end of the training.

Halloween Program @ Robidoux Library
The HJV team facilitated kid’s activities at this spooky-themed event and shared resources with families. The event also included a kid’s costume contest for community members.

Spooktacular @ Jurupa Sports Park
The HJV team distributed resources and candy at this family event.

The Safety & Readiness team also promoted National Take Back Day and proper disposal of medications by facilitating a “Guess the # of ‘medications’ in the jar” activity.

Fall Festival @ West Riverside Elementary
The Gardens & Markets and CalFresh team supported this event by sharing healthy eating resources like recipes and beverage alternatives. The team also led families in quick physical activities to promote active living.

October (cont.)
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
In The Community
Winter Program @ West Riverside Elementary
The HJV team provided resources and family activities at this winter program.

Salvation Army Silvercrest Senior Living
Reach Out’s HJV and Health Equity Team spent some time helping seniors celebrate the holiday season. The teams educated them on Covid resources, facilitated fun activities, and sang holiday songs with the group.

Food Distribution Observation @ The Concerned Family
The Garden and Markets team worked with Overflow Farms to observe a fresh produce distribution event in Perris. The ongoing plan is to establish a partnership with an organization that can bring free and fresh produce distribution to the Jurupa Valley Resource Center. More information to become available.

December
CalVIP Partner Meeting Update
Reach Out hosted a CalVIP Partner meeting to discuss progress on our CALVIP grant which included all funded partners including the City of JV, JUSD, First 5 team, CAP Riverside, our external funder the Sheriffs, etc.

January
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Overflow Farms Fieldtrip
The Gardens and Markets team took a fieldtrip to Overflow farms.

Fred was sharing the process with the team and we discussed the potantial of doing food distributions at our JV Reach Out office.

February
In The Community
Root to Fruit Workshop
Members of the Gardens and Markets team went to Louis Robidoux Parkland and Pecan Grove for their workshop. We shared information on how to get involved with HJV and participants learned from the Master Gardener on how to plant bare root and fruit trees. They also gave trees to those who had RSVPed to the event.

Health Fair @ Eddie Dee Smith Senior Center
The team attended the health fair for seniors at Eddie Dee Smith Center sharing about HJV and distributing resources.

JUSD Day of the Child
The team attended Day of the Child and took some items to give away as well as fun children’s activities for families to enjoy. There was a great turn out at this event.

Dia del Nino @ Robidoux Library
Our team enjoyed supporting Louis Rubidoux Library at Dia del Nino event. There was fun activities for families and many great partners.

Cultural Night @ West Riverside
The HJV team provided resources and family activities at this cultural festival. The CalFresh team provided Nutrition classes to the 4th grade students of this school and have since then had a great partnership with the staff and families at West Riverside.

Healthy Kids Day @ Corona Norco YMCA
YMCA invited us to their annual healthy kids day event that takes place at their main Corona office.

Spring Fling @ Nature Center
The HJV team participated in this event and distributed resources, giveaways and information to participants to get involved. There was garden tours for families to see the progress of the Nature Center.

April
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
In The Community
Rubidoux Library Cinco de Mayo
The HJV team provided resources and family activities at the libraries Cinco de Mayo event.

CalFresh Nutrition Classes
The HJV team’s Calfresh team members did a 4 class series at Louis Robidoux Library. They taught participants how to eat the MyPlate way, how to eat healthy on a budget, how to read a food label, how to calculate sugar in drinks, and meal planning strategies.

May
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Kick Off Summer Reading Event
Our team attended and supported Robidoux Library with their Summer Reading Program. This also was the first week of the Summer Meals Program at the library. Our staff took resources and kids activity items for families to enjoy.

Soboba Tribal Program Resource Fair
The HJV team supported Soboba Tribal Program in Riverside at their annual family resource fair. Our team look materials to share with families of the Soboba tribe and inform them of Healthy Jurupa Valley and Jurupa Youth United.

June
23-24 Year Snapshot
843k
people reached
272
volunteers
1429
volunteer hours
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
Partnerships
Closing
Healthy Jurupa Valley is a key
touchstone for many residents
that allows them to stay
informed of the work of many
organizations and agencies
throughout the city. We would
like to extend our thanks to the
city council and city staff for
their support, both financially
and otherwise, for Healthy
Jurupa Valley. Not many cities
offer their residents the voice
and empowerment that is found
through HJV. These resident-
led activities truly make a
difference in our community in
so many ways. We look forward
to a continued partnership in
elevating the health and
wellbeing of our friends and
neighbors, and to the great
projects that will be
accomplished in the years to
come.
951-289-5318
[email protected]
951-542-1156
[email protected]
we-reachout.org/community/hjv/
Natalie
Hidalgo
Director
Jesus Gomez
Manzo
Program Manager
Contact Us
HEALTHY JURUPA VALLEY FINAL-YEAR REPORT 2023-2024
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120
S

TAFF REPORT
D
ATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 12.K
A

GREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY
OF JURUPA VALLEY AND PATH OF LIFE MINISTRIES, INC. FOR

ADMINISTRATION OF THE CRISIS STABILIZATION HOUSING

PROGRAM
RE

COMMENDATION
1) T
hat the City Council approve the Agreement by and between the City of Jurupa Valley and Path of Life Ministries, Inc. for administration of the Crisis Stabilization Units for an amount not to exceed $72,000 and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

ACKGROUND
In June of 2020, the City Council approved the first allocation of Community Development Block Grants Covid -19 (CDBG-CV) funding received by the Federal Government. Staff solicited proposals for Public Service Grants that were reviewed by the Community Development Advisory Committee (CDAC) and ultimately awarded by the City Council.

On J
uly 2, 2020, the City Council approved the recommendation by the CDAC, funding the Path of Life (POL) Crisis Stabilization Units proposal in the amount of $255,500.00.

POL’s Crisis Stabilization Units augment their existing emergency shelter, outreach, and homelessness prevention contract with the City. In addition to the four shelter beds reserved each night for Jurupa Valley residents, these units allow families to remain together or allow at -risk or individ uals with special needs to have a space for up to 90 days. POL’s proposal included the procurement of two apartment units within the City to be managed as emergency housing . Despite being physically separated from the Riverside group shelter , individuals and families that occupy these apartment units receive the same services that the main shelter provides, such as meals, case management, job placement services, etc. In addition to Jurupa Valley, this Crisis

RETURN TO AGENDA
Page | 2

Stabilization Unit model has been utilized successfully by the Coachella Valley Association of Governments and other cities in the Inland Empire.

POL secured lease agreements for two residential units and operates both of those units.

Homeless individuals and families are housed in the units and remain sheltered for up to 90 days. POL is the master leaseholder of each property and financially responsible for all “wear and tear” that occurs in each unit.

This initial investment of CDBG-CV funding was fully expended in August of 2022.

During the August 18, 2022 City Council meeting, the Council formally adopted the City’s American Rescue Plan Act (ARPA) Expenditure Plan. ARPA is a $28 million, federally funded, grant received by the City in response to the financial hardship created during the COVID19 pandemic.

Included as part of this grant funded program, the City Council allocated $200,000 for the continuation of the Crisis Stabilization Units. T his new funding enabled POL to provide these units for two additional years.

Nearly two years have passed since the ARPA grant funded crisis stabilization units began and in August those funds will be expended. POL would like to continue the program, but additional funding is necessary for the program to continue. Staff has been actively searching for other grant programs through the state and the county and has been unsuccessful in attempts to locate additional grant funding. POL is also actively searching for additional funding, without success. Homelessness and housing are priorities of the State and staff remains hopeful that additional grant opportunities will become available.

The Crisis Stabilization Unit Program has been successful since July 2020 and forty-four (44) individuals have been served in the units for a total of 4,506 overnight stays. Attached is a budget for two units at $143,971.98. This budget include rents, lau ndry and linens, cleaning and maintenance, food, outreach navigator and manager and indirect costs.

To date, the City has prioritized through grant funding: street outreach and navigation for one-to-one care, emergency shelter beds to secure emergency shelter for those that desire a safe place. Also, grant funding was approved for the Crisis Stabilization Units for those who cannot use a congregate setting or need more time to order their lives. Staff has received several success stories as a result of th is City Council authorized funding .

Overall, the efforts the City Council has made in the past few years has culminated in a 42% reduction in unsheltered homelessness.

On June 27, 2024, City Council directed Staff to continue to search for grants and to return to the City Council with a six months (September 2024- February 2024) crisis stabilization unit program extension funding recommendation . An additional six months Page | 3

of funding will allow for more overnight stays and provide staff with additional time to obtain grant funding.

ANALYSIS

The total budget for two Crisis Stabilization units is $143,971 per year. The total cost to extend two units for six months is $72,000. At the direction of the City Council, staff began identifying potential City funding for the continuation of the Crisis Stabilization program for an additional six months.

In reviewing the City’s Fiscal Year 2023- 2024 City Council and City Manager’s Office expenditures when compared to the adopted Fiscal Year 2023- 2024 budget, yearend “savings”, i.e. FY 2023-2024 expenditures less than the FY 2023- 2024 adopted budget, staff identified $35,000 that could be appropriated toward a six month extension of two Crisis Stabilization Units. While the Fiscal Year 2023- 2024 Budget has not officially “closed”, and outstanding invoices are still being processed, each recommended account has a balance that could be applied to the six-month extension of the Crisis Stabilization Units Program.

At the August 1, 2024 Council Meeting, the City Council approved f unding be reappropriated from the following FY 2023-2024 General Fund accounts into a fund for a 6 month extension of the Crisis Stabilization Units:

City Council Budget
• Community Promotion/Economic Development Program $20,000 • Meetings and Conferences $10,000
City Manager Budget
• Meeting and Conferences $ 5,000
Total $35,000
Staff has also identified $37,000 in American Rescue Plan Act (ARPA) funding that can be reallocated from the Mobile Home and Apartment Utility Rebate Program without negatively impacting the program.

The above reallocations totaling $72,000 were approved by the City Council along with the City Council’s direction to extend the program for six months while staff continues to explore other grant funding sources . Staff remains hopeful that future grant funding will become available through the State and County for the purpose of continuing to fund these housing units.

Page | 4

FINANCIAL IMPACT
Funding of $35,000 from the recommended General Fund accounts and $37,000 from the American Rescue Plan Act Fund for a total of $72,000 to the Crisis Stabilization Units Program and authorize the Finance Director to make necessary budget adjustments.

ALTERNATIVES

1. Direct staff to reallocate funding from other sources to the Crisis Stabilization Program.

2. Provide alternative direction to staff.

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

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120
S

TAFF REPORT
DATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 12.L
C

OOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION,

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL

EMERGENCY SERVICES FOR THE CITY OF JURUPA VALLEY
RE

COMMENDATION
1) T
hat the City Council enter into a Cooperative Agreement (Agreement) with the County of Riverside for the provision of Fire Protection/Prevention/Rescue/Fire Marshal and Medical Emergency Services to the City of Jurupa Valley under the current Revenue Neutrality Agreement, and authorize the Mayor to sign the cooperative agreement.

BACKGROUND
Fire protection, prevention, rescue, fire marshal and medical emergency services in the City of Jurupa Valley (City) are currently provided by the County of Riverside (County) through a contract with the California Department of Forestry and Fire Protection (CAL FIRE). In accordance with Section 3.2 of the Revenue Neutrality Agreement by and between the City and the County, entered into on July 13, 2010, the “County shall retain responsibility for providing fire services in the City until the City is willing to accept that responsibility from the County.”
AN
ALYSIS
The proposed three -year Agreement is the f ifth consecutive fire services Agreement recommended for Council adoption since City incorporation. An initial Agreement was adopted by the City on June 30, 2013 with an expiration date of June 30, 2016. A second three-year renewal Agreement was adopted on A pril 7, 2016 and then shortly thereafter amended by the City Council to expire on June 30, 2018. On April 5, 2018 , the fourth agreement was adopted by the City Council and expired on June 30, 2021. On June 3, 2021, the current agreement was adopted by the City Council and is scheduled to expire on June 30, 2024.

RETURN TO AGENDA
Page | 2

As a part of the Revenue Neutrality Agreement and City Incorporation Terms & Conditions, fire service responsibilities were retained by the County, with no additional cost to the City, other than the City’s portion of the Structural Fire Property Tax, which is retained by the County.

To better understand the scope of services, terms and conditions under the proposed Agreement, the following attachments have been provided:

Cooperative Agreement: This is the base contract document (including Exhibit A) that provides an overview of the scope of services, cost estimate, terms and conditions. The term of this Agreement is from July 1, 202 4 to June 30, 2027 and costs are included in the City’s Revenue Neutrality payments to the County. The Agreement provides a mechanism for increasing services at City cost and procedural requirements for any proposed service level reductions. P rocedures and requirements for indemnification, dispute resolution and audits are also explained.

Exhibit A: This document provides budget cost estimates under the contract for each of the three years ending June 30, 2027 . Each fiscal year’s cost estimate is broken down by direct personnel costs, support services costs, fire engine use agreement and direct billed costs.

FINANCIAL IMPACT
Costs associated with this Agreement are included in the Revenue Neutrality Agreement between the County and City. “City Budget Cost Estimates” provided in Exhibit A are not costs incurred by the City and are included for Council and staff reference. There is no additional financial impact to the City.

ALTERNATIVES

1. Elect not to enter into the agreement at this time

2. Provide staff with additional direction

Page | 1

STAFF REPORT
D
ATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER / COMMUNITY

DEVELOPMENT DIRECTOR
S
UBJECT: AGENDA ITEM NO. 12.M
IN

ITIATION OF A CITYWIDE CODE AMENDMENT TO AMEND

UPDATE REGULATIONS FOR SUBDIVISION PROJECT S AND

DETERMINE THAT NO FURTHER ENVIRONMENTAL REVIEW IS

REQUIRED PURSUANT TO CEQA GUIDELINES SECTION
15061(b)(3)

RECOMMENDATION
That the City Council initiate a code amendment to the Municipal Code to amend regulations for subdivision projects.

BACKGROUND
Upon incorporation in 2011, the City adopted the Riverside County municipal code, which included process, design standards, dedication requirements, and infrastructure improvements for subdivisions. Many of these requirements are unclear and outdated.

Since incorporation, the City has adopted its own General Plan, developed review procedures, guidelines and standards, and completed an internal reorganization. A code amendment is recommended to provide further clarity and/or updated standards, requirements, and process.

DISCUSSION
The purpose of the proposed Municipal Code amendment is to clarify existing provisions, update application and review process, update terms, and update standards and requirements. Examples of potential amendments to the Code include:
• C
hange “Planning Department” to “Community Development Department” and other various terms.

RETURN TO AGENDA
Page | 2

• Refine and update application requirements for subdivision maps, lot line adjustment, and parcel mergers required under Title 7 Subdivision Regulations. • Update map distribution list of reviewers.
• Create standards that require certain dedications, street improvements, other items without imposing conditions as certain residential subdivisions could be processed ministerially in accordance with State law.
• Establish a new subdivision process and requirements for finance and conveyance maps. Finance and conveyance maps address divisions of land solely for the purpose of financing and conveying title to all or a portion of the land. • Clarify and update standards related to subdivisions such as dedication, improvement, streets trees.
• Clarify extension of time process.

INITIATION
The following considerations apply to the initiation process, which only enables the code amendment process to begin:

1. Initiation of a code amendment does not entail an evaluation of the merits of the proposed project, but only whether or not to proceed with a formal evaluation process and public hearings.

2. The City Council may express its opinions as to whether the Cit y should proceed with the formal evaluation process , but should reserve its views regarding the merits of the ultimate action on the amendment until the evaluation process and public hearing have been completed.

3. Once the formal evaluation process and public hearing are completed, the City Council will have the opportunity to approve or disapprove or make changes to the recommended code amendment.

NOTICING REQUIREMENT
Initiating this code amendment does not require any noticing. Public notices for future hearings will be prepared and distributed as required.

ENVIRONMENTAL DETERMINATION
The proposed project is exempt pursuant to Section 15061(b)(3) Common Sense Exemption of the California Environmental Quality Act (CEQA) being that CEQA only applied to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

FINANCIAL IMPACT
The costs associated with the code amendment are covered by the General Fund.

Page | 1
120
S

TAFF REPORT

STAFF REPORT
D
ATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER /COMMUNITY

DEVELOPMENT DIRECTOR
S
UBJECT: AGENDA ITEM NO. 12.N
IN
ITIATION OF CODE AMENDMENTS TO THE CITY’S MUNICIPAL
CODE TO UPDATE CHAPTERS 9.240 GENERAL PROVISIONS AND

9.300 DENSITY BONUS TO INCLUDE REQUIRED FINDINGS AND

APPROVAL PROCESSES RELATED TO SUPPORTIVE HOUSING

DEVELOPMENT AND APPROVAL AUTHORITIES RELATED TO

DENSITY BONUS PROJECTS

RECOMMENDATION
T
hat the City Council initiate an amendment to the General Provisions chapter to include requirements related to supportive housing development as well as an amendment to the Density Bonus chapter related to the review process.

ACKGROUND
S
ection 9.285.010 (“Amendments to Chapter”) of Chapter 9.285 (“Amendments and Change of Zone”) of Title 9 (“Planning and Zoning”) of the Jurupa Valley Municipal Code provides that amendments to Title 9 may be initiated by the City Council.

In 202
3, the City adopted a code amendment to implement the 6 th Cycle Housing Element, which included provisions for special needs housing and shelters such as supportive housing, transitional housing, and density bonus units.

S
ince the adoption of the code amendment, it has been determined that a clean- up amendment is needed to clarify and add to the provisions for certain special needs housing uses related to application review and process, and objective development standards; and remove code inconsistencies.

RETURN TO AGENDA
Page | 2

ANALYSIS
Cleaning up these items within the General Provisions and Density Bonus chapters would enhance the clarity of the Municipal Code. These items consist of adding language to the code to clarify and update the application requirements, approval process, and permitted zones. Examples of code amendments would be as follows:

1. Clearly identify the approving body of Density Bonus applications.

2. Remove inconsistency of entitlement requirement for Supportive Housing applications.

3. Update the application requirements.

4. Remove nonobjective development standards.

Initiation process
The following considerations apply to the initiation process, which only enables the code amendment process to begin:

1. Initiation of a code amendment does not entail an evaluation of the merits of the proposed project, but only whether or not to proceed with a formal evaluation process and public hearings.

2. The Council may express its opinions as to whether the City should proceed with the formal evaluation process, but should reserve its views regarding the merits of the ultimate action on the code amendment until the evaluation process and public hearings have been completed.

3. Once the formal evalu ation process and public hearings are completed, the City Council will have the opportunity to approve or disapprove or make changes to the recommended Code Amendment.

NOTICING REQUIREMENTS
Initiating these amendments to the Municipal Code do not require any notice.

ENVIRONMENTAL DETERMINATION
The initiation of any action (or actions) is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).

FINANCIAL IMPACT
The expenses related to the proposed code amendment would be paid from the General Fund.

Page | 1
120

STAFF REPORT
DATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
S
UBJECT: AGENDA ITEM NO. 14.A
P
UBLIC HEARING REGARDING SUBMISSION OF THE 20 23-2024

CDBG CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT
RE

COMMENDATION

1. T
hat the City Council receive and file the 2023- 2024 Consolidated Annual Performance and Evaluation Report (CAPER)

2. T
hat the City Council adopt Resolution No. 2024-105, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY ADOPTING AND APPROVING THE CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION REPORT (CAPER) AND AUTHORIZING

SUBMISSION OF THE REPORT TO THE UNITED STATES DEPARTMENT

OF HOUSING AND URBAN DEVELOPMENT
B

ACKGROUND
A
s a Community Development Block Grant recipient, the City is required to submit annually a Consolidated Annual Performance Evaluation Report (CAPER ) for the City’s Community Development Block Grant (CDBG) program to the U.S. Department of Housing and Urban Development (HUD) to report the City’s progress and accomplishments utilizing CDBG funds. In Fiscal Year (FY) 2023-2024, the City received a CDBG grant totaling $1,091,728. The FY 2023- 2024 CAPER summarizes how the funds assisted the City in advancing the goals and objectives outlined in its 2023-2028 Five-Year CDBG Consolidated Plan (Consolidated Plan).

T
here were two significant infrastructure projects completed or started in FY 2023-2024, which included the Pacific Avenue Pedestrian & Bicycle Improvements and the Old Mira Loma Pavement Rehabilitation Phase 2 projects.

RETURN TO AGENDA

Page | 2

The Pacific Avenue Safe Routes to School project included the construction of continuous sidewalks and Class II bike lanes, along with the complete reconstruction of existing AC pavement – on Pacific Avenue – 45th Street to Mission Boulevard. CDBG funds were used to pay for a portion of the construction costs. Other funding included SB821 and Measure A funds were also being used to pay for construction costs. This project was completed under budget.

The Old Mira Loma Pav ement Rehabilitation Phase 2 project includes the rehabilitation of approximately 400,000 square feet of existing pavement and upgrade existing ADA facilities in the Mira L oma community. CDBG funds allocated for this project were fully spent, and City will use Measure A and RMRA funds to complete the planned work.

Other projects undertaken or completed during FY 2023- 2024 included program administration, fair housing servic es, meals for seniors, housing rehabilitation and homelessness services. Approval of the CAPER carries no fiscal impact. Upon the C ity Council’s approval, City Staff will submit the CAPER to HUD by their September 28, 2024 deadline, which is 90 days after close of program year, which was June 30, 2024.

ANALYSIS

During fiscal year 2023-2024, the City received $1,091,728 in CDBG funds. These funds have been utilized for projects identified in the City’s 2023-2028 Community Development Block Grant Consolidated Plan, 2023/24 Annual Action Plan approved by the City Council on April 20, 2023.

Per HUD regulations, the City must submit a CAPER by September 28, 2024 . The CAPER provides a progress report on the most recently completed fiscal year (i.e., FY 2023-2024). The report details how the prior year’s CDBG funds assisted the City in meeting the goals and objectives outlined in the 2023-2028 Consolidated Plan.

An overview of performance achievements and a summary of FY 2023-2028 revenue and expenditures reported in the CAPER is provided below.

Page | 3

Performance Achievements Summary 23-24

Goal Category Source /
Amount Indicator Unit of
Measure
Expected
5 Yr.

Strategic
Plan
Actual 5
Yr.

Strategic
Plan
5 Yr.

Percent
Complete
Expected
23-24
Program
Year
Actual 23-
24 Program
Year
23-24
Percent
Complete
Homeless
Services Homeless CDBG:
$143,759
Homeless
Person
Overnight
Shelter
Persons
Assisted 500 138 27.60% 150 138 92.00%
Fair Housing
Services
Non-Housing
Community
Development
CDBG:
$40,000 Other Other 1,000 903 90.30% 200 903 451.50%
Housing
Rehabilitation
Affordable
Housing
CDBG:
$104,000
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
40 12 30.00% 8 12 150.00%
Program
Administration
Administratio
n
CDBG:
$100,000 Other Other 5 1 20.00% 1 1 100.00%
Public
Facilities
Non-Housing
Community
Development
CDBG: $0
Public Facility
or
Infrastructure
Activities
other than
Low/Moderat
e Income
Housing
Benefit
Persons
Assisted 1,500 0 0.00% 0 0 NA
Public
Infrastructure
Improvements
Non-Housing
Community
Development
CDBG:
$683,969
Public Facility
or
Infrastructure
Activities
other than
Low/Moderat
e Income
Housing
Benefit
Persons
Assisted 15,000 8,940 59.60% 2,175 8,940 411.03%
Services for
Low- &
Moderate-
Income
Households
Non-Housing
Community
Development
CDBG:
$20,000
Public service
activities
other than
Low/Moderat
e Income
Housing
Benefit
Persons
Assisted 1,500 208 13.87% 200 208 104.00%

Page | 4

Summary of Revenue and Expenditures

The City recorded remaining balances in the area of infrastructure ($ 683,969). The remaining balance, totaling $683,969, can be rolled over to the 2024-2025 program year and available for programming during the formulation of the 2024- 2025 Annual Action Plan.

As required by HUD regulations, the City published a notice inviting public review of the CAPER and comments. The required 15-day review period began on September 2, 2024 and concluded on September 19 , 2024. As of the writing of this report, the City had not received public comments. City Staff will advise the City Council of any comments received subsequent to the preparation of this report.

FINANCIAL IMPACT

Acceptance of the CAPER and passage of Resoluti on No. 2024-105 carries no specific financial impact. CDBG program revenue and expenditure plans are identified in section 240.2400 of the City’s annual budget.

ALTERNATIVES

1. Do not adopt Resolution No. 2024-105 and authorize City Staff to submit the 2023-2024 CDBG Comprehensive Annual Performance Evaluation Report to HUD.

2. Provide alternate direction to staff.

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

Project/Effort Description 23-24 Allocation 23-24 Expenditures Balance Program
Administration/Housing
Fair housing services, housing rehab
services, GRC Associates consulting,
creation of AAP, creation of CAPER, staff
burden and legal expenses.
$244,000.00 $244,000.00 $0.00
Homeless Services
Agreement with Path of Life for homeless
shelter space, outreach, and case
management services.
$143,759.00 $143,759.00 $0.00
Other Public Services Agreement with FSA to provide meals for seniors. $20,000.00 $20,000.00 $0.00
Infrastructure
Improvements Glen Avon Pavement Rehabilitation $683,969.00 $0.00 $683,969.00 $1,091,728.00 $407,759.00 $683,969.00 Total

P age | 1
S

TAFF REPORT
D
ATE: SEPTEMBER 19, 2024
TO
: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
F
ROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/ COMMUNITY

DEVELOPMENT DIRECTOR
S
UBJECT: AGENDA ITEM NO. 14.B

P UBLIC HEARING TO CONSIDER SPECIFIC PLAN AMENDMENT
NO. 2 TO SPECIFIC PLAN 16002 AND REVISED PERMIT NO. 1 TO SITE DEVELOPMENT PERMIT NO. 18044 TO MODIFY THE AGUA

MANSA COMMERCE PARK SPECIFIC PLAN AND REPLACE
CONDITION OF APPROVAL NO. 9 TO REQUIRE A DEPOSIT

PAYMENT FOR THE DESIGN AND CONSTRUCTION OF AN OFF -

SITE EQUESTRIAN TRAIL INSTEAD OF CONSTRUCTING AN

EQUESTRIAN TRAIL ON CASTELLANO ROAD AND THAT NO

FURTHER CEQA REVIEW IS REQUIRED PURSUANT TO CEQA
GUIDELINES SECTION 15062; LOCATION: RIGHT OF WAY SOUTH
OF RUBIDOUX BOULEVARD, EAST OF CASTELLANO ROAD (APN:
175-170-024); (APPLICANT: AGUA MANSA COMMERCE PHASE III, LLC)
___________________________________________________________________ RE

COMMENDATION

1. T
hat the City Council conduct a public hearing, receive testimony, and:
a. A
dopt Resolution No. 2024-106, entitled:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING SPECIFIC PLAN AMENDMENT NO. 2 TO
SPECIFIC PLAN 16002 AND REVISED PERMIT NO. 1 TO SITE
DEVELOPMENT PERMIT NO. 18044 TO MODIFY THE AGUA

MANSA COMMERCE PARK SPECIFIC PLAN CONDITION OF
APPROVAL NO. 9 TO REQUIRE A DEPOSIT PAYMENT FOR THE

DESIGN AND CONSTRUCTION OF AN OF F-SITE EQUESTRIAN

TRAIL, AND DETERMINATION THAT NO FURTHER CEQA REVIEW
IS REQUIRED PURSUANT TO SECTION 15162

RETURN TO AGENDA

Page | 2

BACKGROUND
On April 16, 2020, the City Council approved Master Application No. 16170 (MA16170) for the Agua Mansa Commerce Park Specific Plan and the construction of a 4.2 million - square-foot industrial business park. The Agua Mansa Commerce Park (“Commerce Park”) includes a 70-acre protected open space area, a tentative parcel map to subdivide 206 acres into 13 parcels, a development agreement, a new specific plan, a general plan amendment, and a zone change.

The Commerce Park spans approximately 189 acres and includes six buildings. Five buildings have been constructed within the Industrial Park District for logistics and other industrial uses. One building is within the Business Park with a Retail Overlay District to allow for research and development, light industrial uses, and some commercial activities.

Additionally, the project includes the construction of internal private streets, landscaping, associated parking areas, and water quality control basins.

As part of the approval, the developer was required to construct a multi-purpose and equestrian trail along Castellano Road. Exhibit No. 1 illustrates the conceptual location of the Castellano Road trail near the Commerce Park boundary.

EXHIBIT NO. 1 - CASTELLANO ROAD AND SPECIFIC PLAN BOUNDARY

Page | 3

MA23111 proposes a Specific Plan Amendment and a Revision to the Site Development Permit to remove the requirement for constructing the Castellano Road trail portion.

Instead, if approved, it would allow for a deposit payment toward the design and construction of the trail in the general vicinity of the Agua Mansa Specific Plan area. This approach defers the immediate construction of the trail, enabling the City to analyze and coordinate improvements in the area to avoid a piecemeal development of t he trail system. The additional coordination will enhance connectivity as several developments in the area are currently under review for entitlements, ultimately improving the overall trail experience for the community.

On August 14, 2024, the Planning Commission held a duly noticed public hearing on the project. All interested persons were given the opportunity to address the Planning Commission; after the receipt of public testimony, the Planning Commission closed the public hearing, deliberated on the m atter, and approved Resolution No. PC -2024-16 (Attachment No. 2), recommending that the City Council approve the project.

CASTELLANO ROAD TRAIL
The Castellano Road Trail is 1,550 linear feet and is to be constructed on the east side within the right -of-way of Castellano Road, a publicly maintained road. West of the proposed trail is an existing single- family residential community. On the east side of Castellano Road, there is Riverside County -owned property that includes a Riverside County Sheriff’s facility and ground-mounted photovoltaic panels.

An existing row of trees and landscaping screens the ground-mounted solar panels from the existing homes. In accordance with the Specific Plan, the planned trail is required to be constructed on Castellano Road between Rubidoux Boulevard and Andalusia Avenue.

The intent is to connect to a possible future trail on Andalusia Avenue as part of the Rio Vista Specific Plan project. Exhibit 2 provides an aerial view of the trail location and Exhibit 3 demonstrates the surrounding land use designations and zones of the site.

Page | 4

EXHIBIT NO. 2 - AERIAL OF PROPOSED TRAIL SITE

EXHIBIT NO. 3 - LAND USE AND ZONING INFORMATION

ANALYSIS
The Agua Mansa Commerce Park Specific Plan included a requirement for the construction of an off -site equestrian trail along Castellano Road. In April 2021, the Community Development Director approved the conceptual plans outlining the general design and features of this trail, along with related improvements. By late 2022, the Applicant had submitted construction drawings for the trail's plan check review. As the

Page | 5

City completed the final checks on these plans, there was a consideration of whether a deposit, in lieu of designing and building the equestrian trail, might be a more suitable option.

Currently, the Rio Vista Specific Plan entitlements are being processed which involve trail enhancements in the vicinity. Upon further consideration, it would be beneficial to construct the trail in another location. To allow for coordination of improvements in the area, preventing fragmented trail segments and ensuring a more cohesive equestrian experience for the community. Exhibit No. 4 provides an overview of trail locations in the general vicinity.

The Castellano Road trail is situated near the Rio Vista Specific Plan, Emerald Ridge, and Agua Mansa Commerce Park. Plans for projects in this area, such as the Rio Vista Specific Plan, are progressing, with technical reports being prepared to determine necessary mitigation measures for protecting ecological and cultural features. Opting to defer the actual trail design and construction, while accepting a deposit equivalent to the design and improvement costs, could facilitate better coordination among trails in this rapidly evolving locale. Exhibit No. 5 outlines the locations of adjacent projects for reference.

Accepting a deposit would enable the City to postpone and synchronize the construction of the proposed trail with other enhancements nearby. These additional projects in the general area have either been required or are in the process of being required to include trail improvements. Additionally, there is a lack of connectivity as the trail abruptly ends on Rubidoux Blvd and it is in close proximity to potential conservation area in the proposed Rio Vista Specific Plan. By modifying the specific plan and conditions, the Applicant can contribute the costs for future trail improvements.

Discussions between the City and the Applicant have centered on the expenses associated with designing and building the trail. Based on the contractor's proposal provided by the Applicant, both parties estimate that a deposit of $665,000 would be necessary to cover these costs.

Page | 6

EXHIBIT NO. 4 – TRAIL NETWORK

Page | 7

EXHIBIT NO. 5 – PROJECTS IN THE VICINITY OF PROPOSED TRAIL

Specific Plan Amendment
Amendment No. 2 to Specific Plan No. 16002 proposes a modification that involves eliminating the requirement for constructing the Castellano Road Trail and instead opting to require a deposit to cover the cost of providing an equestrian trail within the vicinity of Rubidoux Boulevard which still meets the intent of the General Plan . The proposed requirement within the specific plan have been modified to reflect this recommendation.

Exhibit 6 illustrates the modifications being made to the language in the specific plan Specifically, pages 2- 11 through 2- 13, which contain a sect ion detailing the overall development of trails for the specific plan, would be revised. This revised section would require that a deposit fee would be accepted in lieu of constructing the Castellano Road Trail, and the funds would be directed towards the cost of an equestrian trail to provide future connectivity which shall be implemented by accepting an in -lieu deposit which contributes to the cost of equestrian-oriented facilities to be developed within the vicinity of Agua Mansa Commercial Park (Rio Vis ta SP to the east, City boundary to the north, City boundary to the est, and State Route 60 to the south).

Page | 8

EXHIBIT NO. 6 – PROPOSED SPECIFIC PLAN AMENDMENT

Additionally, the Agua Mansa Commerce Park Specific Plan includes Figure 2-4 depicting the Castellano Road equestrian trail. This project proposes to modify this diagram by removing the representation of the trail on the figure to ensure consistency throughout the Specific Plan.

Revisions to Condition of Approval No. 9
Revision No. 1 to Site Development Permit No. 18044 aims to replace Condition of Approval No. 9, which outlines requirements for developing an off -site equestrian trail within the right -of-way on Castellano Road. Presently, the Condition of Approval Trails
Instead of the construction of a sidewalk for the full-length of the project site along Rubidoux Boulevard, a portion of the required sidewalk shall be a multi-purpose trail. The multi-purpose trail shall be constructed between El Rivino Road and Production Circle. The design and construction of the multi-purpose trail shall be approved by the Planning Community Development Director and City Engineer. The construction of the multi-purpose trail
shall be developed with the implementation of the first entitlement to develop Parcels 6 and 7 of TPM37528 and parcel with the APN: 175-170- 036 under the Specific Plan. The trail shall be constructed as each of these parcels are developed.

As an alternative, and to provide future connectivity into the Jurupa Hills, the General Plan primary equestrian trail on Rubidoux Boulevard shall be implemented by accepting an in-lieu deposit which contributes to the cost of equestrian-oriented facilitates to be developed within the general vicinity of Agua Mansa Commerce Park (Rio Vista Specific Plan to the east, City boundary to the north, City boundary to the east, and State Route 60 to the south). The in-lieu deposit shall be at the estimate amount of the cost to design and construct 1,550 linear feet of equestrian trail in the vicinity of the Agua Mansa Commerce Park. aligning the trail The funds are to be used to develop the regional trail network. in the area to connect to future obligation of Agua Mansa Commerce Park Specific Plan for construction of the Rubidoux equestrian trail shall be the construction of the trail segment for Castellano Road. Due to the existing slope on the eastside of Castellano Road, the design of the trail on Castellano Road may provide for a modified Standard to minimize tree removals and retaining walls and shall be approved by the Planning Director and City Engineer.”

Page | 9

mandates that the trail's design and development must occur before issuing the first Certificate of Occupancy. This replacement seeks to align the condition with the proposed amendment by permitting the acceptance of a deposit fee instead of requiring trail construction. Exhibit 7 demonstrates the revised language for Condition No. 9.

EXHIBIT NO. 7 - REVISED CONDITION NO. 9

TITLE 9 – APPLICATIONS FOR MODIFICATIONS TO APPROVED PERMIT Specific amendments are processed in accordance with Section 9.30.100 of the municipal code. This section requires the Planning Commission to hold a hearing on the matter, make a recommendation for approval or disapproval, and transmit it to the City Council. Upon receiving the Planning Commission’ s recommendation, the City Council will conduct a hearing and deliberate on the matter. Revised permits, which are handled under Section 9.240.440, may also be reviewed by the City Council. These permits can change parts of an approved permit but cannot change the basic concept or use allowed by the original approval.

Consequently, both of these applications will be considered together, necessitating a Planning Commission hearing and a recommendation for approval to the City Council. A City Council hearing will be scheduled subsequently to finalize action on the proposed project.

ENVIRONMENTAL REVIEW
A Preliminary Environmental Determination (PED) has been prepared to assess whether the project aligns with the Final Environmental Impact Report (FEIR) SCH #2017071034 for the City of Jurupa Valley Master Application (MA) 16170, certified on April 16, 2020.

The evaluation confirms that approving the project does not create new significant impacts or increase the severity of previously analyzed impacts.

The project site for the proposed equestrian trail along Castellano Road remains in the same condition as in 2020 when the FEIR was certified. The project must comply with existing Project Design Features (PPPs) and Mitigation Measures (MMs) per City Council Resolution Number 2020-19.

9. SDP – EQUESTRIAN TRAIL ON CASTELLANO RD. Prior to the issuance of the first Certificate of Occupancy, the Developer shall pay to the City the estimated amount of the cost of the design and construction of 1,550 linear feet of equestrian trail in accordance with this condition and Specific Plan. The Community Development Director and the City Engineer shall determine the final amount to satisfy this condition. The City shall use these funds to contribute to the cost of equestrian-oriented facilities to be developed within the vicinity of the Agua Mansa Commerce Park (Rio Vista Specific Plan to the east, City boundary to the north and east, and State Route 60 to the south) and allow the funds to be used to develop a regional trail network. The deposit amount noted as of 7/18/2024 is $665,000, but it may be confirmed by the Engineering Department upon the date of payment.

Page | 11

Peter M. Thorson
City Attorney

ATTACHMENTS:

1. City Council No. 2024-106
a) Exhibit A. Specific Plan Amendment No. 2
b) Exhibit B. Revised Conditions of Approval

2. Adopted Resolution No. PC-2024-16

3. Minor Change Request Letter from Applicant

4. Previously Environmental Document

5. Conceptual Trail Plan

ATTACHMENT NO. 1

Resolution No. 2024-106
-1-

RESOLUTION NO. 2024-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY , CALIFORNIA, APPROVING
SPECIFIC PLAN AMENDMENT NO. 2 TO SPECIFIC PLAN
16002 AND REVISED PERMIT NO. 1 TO SITE
DEVELOPMENT PERMIT NO. 18044 TO MODIFY THE

AGUA MANSA COMMERCE PARK SPECIFIC PLAN
CONDITION OF APPROVAL NO. 9 TO REQUIRE A

DEPOSIT PAYMENT FOR THE DESIGN AND

CONSTRUCTION OF AN OFF-SITE EQUESTRIAN TRAIL,

AND DETERMINATION THAT NO FURTHER CEQA
REVIEW IS REQUIRED PURSUANT TO SECTION 15162

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

Section 1. Project.
(a) On April 16, 2020, the City Council of the City of Jurupa Valley approved Master Application no. 16170 (MA16170), for the Agua Mansa Commerce Park, a 4.2 million - square-foot Industrial Business Pa rk (“Business Park”). The Business Park includes a 70 -acre protected Open Space area, a Tentative Parcel map to subdivide 206 acres of land into 13 parcels, a Development Agreement, a new Specific Plan, a General Plan Amendment, and a Change of Zone
(b) Agua M ansa Commerce Phase III, LLC (“Applicant”) has applied for Specific Plan Amendment No. 2 (SP16002A2) and Permit Revision No. 1 to Site Development Permit No. 1844 (SDP1804R1) for property located south of Rubidoux Boulevard, east of Castellano Road (APN: 1 75-170-024) (“Project”). SP16002 proposes a modification to the Specific Plan that will eliminate the requirement to construct the Castellano Road Trail and will replace it with a deposit requirement to cover the cost of providing an equestrian trail withi n the vicinity of South Rubidoux Boulevard. SDP18044R1 will modify Condition of Approval No. 9 to require a deposit of payment for the design and construction of an off-site equestrian trial within the right of way of south Rubidoux Boulevard and east of Castellano Road.

Section 2. Specific Plan Amendment.
(a) The Applicant seeks to adopt the Specific Plan Amendment No. 2 to Specific Plan No. 16002, which currently reads as follows:

TRAILS. Instead of the construction of a sidewalk for the full - length of the project along Rubidoux Boulevard, a portion of the required sidewalk shall be a multi -purpose trail. The multi-purpose trail shall be constructed between El Rivino Road and Production Circle. The design and construc tion of the multi -purpose trail shall -2-

be approved by the Planning Director and City Engineer. The construction of the multi -purpose trail shall be developed with the implementation of the first entitlement to develop Parcels 6 and 7 of TPM37528 and parcel with the APN : 175 -170-036 under the Specific Plan. The trail shall be constructed as each of these parcels are developed.

As an alternative to provide future connectivity into the Jurupa Hills, the General Plan primary equestrian trial on Rubidoux Boulevard shall be implemented by aligning the trial in the area to connect to the future obligation of Agua Mansa Commerce Park Specific Plan for construction of the R ubidoux equestrian trial shall be the construction of the trail segment for Castellan Road. Due to the existing slope on the eastside of Castellan o Road, the design of the trail on Castellano Road may provide for a modified Standard to minimize tree remov als and retaining wall sand shall be approved by the Planning Director and City Engineer.
(b) Applicant desires to revise Specific Plan Amendment No. 2 to Specific Plan No. 16002 to read as follows:

TRAILS. Instead of the construction of a sidewalk for the full-length of the project site along Rubidoux Boulevard, a portion of the required sidewalk shall be a multi-purpose trail shall be constructed between El Rivino Road and Production Circle. The design and construction of the multi -purpose trail shall be c onstructed between El Rivino Road and production Circle.

The design and construction of the multi-purpose trail shall be approved by the Community Development Director and City Engineer. The construction of the multi-purpose trial shall be developed with the implementation of the first entitlement to develop Parcels 6 and 7 of TPM37528 a parcel with the APN:175-170-036 under the Specific Plan. The trail shall be constructed as each of these parcels are developed.

As an alternative to provide future connectivity into the Jurupa Hills, the General Plan primary equestrian trial on Rubidoux Boulevard shall be implemented by accepting an in-lieu deposit with contributes to the cost of equestrian -oriented facilities to be developed withi n the general vicinity of Agua Mansa Commerce Park (Rio Vista Specific Plan to the east, City boundary to the north, City boundary to the west, and s tate Route 60 to the south.) The in -lieu deposit shall be at the estimate amount of the cost to design and construct 1,550 linear feet of equestrian trail in the vicinity of the Agua Mansa Commerce Park aligning the trail. The funds to be used to develop the regional trail network. in the area to connect to the future obligation of Agua Mansa Commerce Park Specific Plan for construction of the Rubidoux equestrian trial shall be the construction of the trail segment for Castellan Road. Due to the existing slope on the eastside of Castellan o Road, the design of the trail on Castellano Road may provide for a modified Standard to minimize tree removals and retaining wall sand shall be approved by the Planning Director and City Engineer.

(c) Section 9.30.080 of th e Jurupa Valley Municipal Code provides that specific plans, and amendments thereto, must be heard and adopted in accordance with the provisions of Government Code Section 65450 et seq., as now written or hereafter amended, and in accordance with Jurupa Va lley Municipal Code Section 9.30.100. Further, Government Code Section 65453(a) provides that a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. Govern ment Code Section 65453(h) provides that specific plans may be repealed in the same manner as it is required to be amended.
(d) Section 9.30.100(3) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation of the Planning Commission on an amendment of the Specific Plan, the City Clerk must set the matter for public hearing before the City Council at the earliest convenient day and give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission. Further, Government Code Section 65355 provides that prior to adopting or amending a Specific Plan, the legislative body shall hold at least one public hearing. Notice of the hearing must be given pursuant to Government Code Section 65090. (e) Section 9.30.100(1) of the Jurupa Valley Municipal Code provides that proposals to amend any part of the Specific Plan shall be heard by the Planning Commission during a public hearing on the matter. Further, Government Code Section 65353(a) provides that when a city has a planning commission a uthorized by local ordinance or resolution to review and recommend action on a proposed Specific Plan, the planning commission shall hold at least one public hearing before approving a recommendation on the adoption of a Specific Plan. (f) Section 9.30.100(2) of the Jurupa Valley Municipal Code provides that after closing the public hearing, the Planning Commission shall make a recommendation for approval -4-

or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Planning Commission cannot decide within a re asonable time after closing the hearing, that fact shall be reported to the City Council and it shall be deemed a recommendation to deny the proposal. Further, Government Code Section 65354 provides that the Planning Commission shall make a written recomm endation on the adoption of a Specific Plan, and that a recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission, and that the Planning Commission shall send its recommendation to the legislative body.
(g) Section 9.30.100(3) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation of the Planning Commission on an amendment of the Specific Plan, the City Clerk must set the matter for public hearing before the City Council at the earliest convenient day and give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission. Further, Government Code Section 65355 provides that prior to adopting or amendi ng a Specific Plan, the legislative body shall hold at least one public hearing. Notice of the hearing must be given pursuant to Government Code Section 65090. (h) Section 9.30,100(4) of the Jurupa Valley Municipal Code provides that after closing the public hearing, the City Council must render its decision within a reasonable time. A decision to adopt or amend the Specific Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the City Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission's recommendatio n not previously considered by the Commission shall first be referred to the Commission for its recommendation. Further, Government Code Section 65356 provides that the legislative body must adopt or amend a Specific Plan by resolution, which resolution sh all be adopted by the affirmative vote of not less than a majority of the total membership of the legislative body. The legislative body may approve, modify, or disapprove the recommendation of the planning commission, if any. However, any substantial modi fication proposed by the legislative body not previously considered by the commission during its hearings shall first be referred to the planning commission for its recommendation.
(i) Section 9.30.100(5) of the Jurupa Valley Municipal Code provides that a proposal to adopt or amend any part or element of the Specific Plan shall not be approved by the City Council until all procedures required by the Jurupa Valley CEQA implementing procedures to approve a matter have been completed.

Section 3. Permit Revision No. 1 to Site Development Permit No. 18044.

(a) The Applicant is seeking Revision No. 1. to the Site Development Permit , Condition of Approval No. 9, which currently reads as follows:

9. SDP — EQUESTRIAN TRAIL ON CASTELLANO RD.
-5-

The equestrian trial on Castellano Road shall be designed with the right-of- way of Castellano Road in accordance with this condition and Specific Plan including Figure 2.4 Trails,

a) The plans for the location and design of the equestrian trail on Castellano Road may provide for a modified standard to minimize tree removals and retaining walls. The plans shall be approved by Planning Director and City Engineer within twelve (12) months from the issuance of the Demolition and Rough Grading permit on the project site.
b) The equestrian trail s hall be constructed in accordance with the approved plan prior to the issuance of the first Certificate of Occupancy of the project site.

(b) Applicant desires to revise Condition of Approval No. 9 to remove the existing condition and replace with the following condition:

9. SDP — EQUESTRIAN TRAIL ON CASTELLANO RD.

Prior to the Issuance of the first Certificate of Occupancy, the Developer shall pay to the City the estimated amount of the cost of the design and construction of a 1,550 linear feet of equestrian trail in accordance with this condition and Specific Plan. The Community Development Director and the City Engineer shall determine the final amount to satisfy this condition. The City shall use these funds to contribute to the cost of equestrian -oriented facilities to be developed within the vicinity of the Agua Mansa Commerce Park (Rio Vista Specific Plan to east, City boundary the north and east, and State Route 60 to the south) and allow the finds to be used to develop a regional trail network. The deposit amount noted as of 7/18/2024 is $665,000, but it may be confirmed by the Engineering Department upon the date of payment.

(c) Section 9.240.440 of the Jurupa Valley Municipal Code provides the procedure for a modification to an approved site development permit. (d) Pursuant to Section 9.240.440, applications for a revised permit are filed with the Community Development Director and shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original perm it, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit. Here, after a recommendation from the Planning Commission, the City Council approved the Site Development Permit; therefore, approval of the revised permit is subject to the same approval process. After a recommendation for approval from the Planning Commission, a separate hearing shall be scheduled for final ap proval with the City Council. Approval of the Project requires public hearings and the required 10-day hearing notices.
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(e) Section 9.240.330.(3) of the Jurupa Valley Municipal Code, provides that no site development permit shall be approved unless it complies with the following standards:
1) The proposed use must conform to all the requirements of the City of Jurupa General Plan and with all applicable requirements of State law and the ordinances of the City of Jurupa Valley.

2) The overall development of the land shall be designed for the protection of the public health, safety and general welfare; to conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property.

The plan shall consider the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion; and shall take into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof.

3) All site development plans which permit the construction of more than one structure on a single legally divided parcel shall, in addition to all other requirements, be subject to a condition wh ich prohibits the sale of any existing or subsequently constru cted structures on the parcel until the parcel is divided and a final map recorded in accordance with Title 7 in such a manner that each building is located on a separate legally divided parcel.

Section 4. Procedural Findings . The City Council does hereby find, determine and declare that:
(a) The Master Application No. 23111 was processed including, but not limited to public notices, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On July 10, 2024, the Planning Commission held a properly noticed public hearing on the Project, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on. these matters. The matter was continued to the August 14, 2024 Planning Commission Meeting.
(c) On August 14, 2024, the Planning Commission held a properly noticed public hearing on the Project, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters . Following the receipt of public testimony the Planning Commission closed the public hearing and adopted Resolution PC-2024- 16 4-0 (with one Planning Commissioner absent), recommending that the City Council approve the Project.
(d) On September 19, 2024, the City Council of the City of Jurupa Valley considered the proposed Project, including Specific Plan Amendment No. 2 to Specific Plan 16002 and Revision No. 1 to Site Development Permit No. 18044 , at a duly noticed public hearing a t which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the EIR, and Findings prior to adopting this Resolution.

At the conclusion of the public hearing, the City Council closed the hearing. -7-

(e) All legal preconditions to the adoption of this Resolution have occurred.

Section 5. California Environmental Quality Act Findings . The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to the California Environmental Quality Act (“CEQA” ) (Cal.

Pub.Res. Code §21000 et seq.) and the State Guidelines (the “Guidelin es”) (14 Cal. Code Regs. §15000et seq.), City staff has considered the potential environmental impacts of the Project. City staff has also reviewed the Final Environmental Impact Report (FEIR), the findings pursuant to CEQA, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program (MMRP) for the Agua Mansa Commerce Park Specific Plan certified by the City Council on April 16, 2020. Based on that review, staff has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes that will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with the Project are adequately addressed by the prior F EIR, and the mitigation measures contained in the prior FEIR and MMRP will reduce those impacts to a level that is less than significant. Staff has prepared a Previous Environmental Document Review Determination. (b) The City Council has independently reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, including the FEIR and the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstanc es under which the Project is undertaken do not involve substantial changes that will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and

2) All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR and. MMRP will reduce those impacts to a level that is less than significant.

(c) The custodian of records for the prior FEIR and Previous Environmental Review Determination, and all other materials that constitute the record of proceedings upon which the City Council 's decision is based, i s the Community Development Department. Those documents are available for public review in the Community Development Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.

Section 6. Findings for the Approval of Specific Plan Amendment No. 2 .

The City Council of the City of Jurupa Valley finds and determines that:
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(a) Specific Plan Amendment No. 2, attached hereto as Exhibit “A,” is adopted because the proposed Specific Plan contributes to the purposes of the General Plan because it provides an equestrian trail within the vicinity of Rubidoux Boulevard. (b) In addition, the Specific Plan Amendment No. 2 is consistent with the General Plan because it facilities the construction and coordination of a trail system within the City's general area.
(c) In addition, Specific Plan Amendment No. 2 is consistent with LUE 3.18 by requiring a deposit to ensure that new industrial developers provide adequate parking, transportation facilities (including sidewalks and trails), street trees, water resources, sewer facilities, and other utilities. This ensures that the needs of both new industrial and business park developments and existing residents and businesses are met.

Section 7. Findings for the Approval of Revision No. 1 . The City Council of the City of Jurupa Valley finds and determines that:
(a) The proposed use conforms to all the requirements of the City of Jurupa General Plan and with all applicable requirements of State law and the ordinances of the City of Jurupa Valley. The proposed change to Site Development Permit No. 18044 is limited to a minor adjustment allowed under State law and Jurupa Valley Ordinances. (b) The overall development of the land is designed for the protection of the public health, safety and general welfare; to conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property. The plan considers the location and needs for dedication and improvement of necessary streets, sidewalks, and trails, including the avoidance of traffic congestion, and takes into account topographical and drainage conditions, including the need for dedication and improvements.

Revision No. 1. delays the Applicant’s obligations regarding the design and construction the trail, and instead replaces that obl igation with a requirement that the Applicant deposit the cost of the trail design and construction with the City. This will allow the City time to coordinate the trail's design and construction with other area trails and improvements, creating a better trail experience for the community. This arrangement will ensure that trail segments are not piecemealed and will also ensure that the Applicant will still be responsible for the costs of the design and construction of the trail.
(c) The site development permit is subject to a condition that prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a final map recorded in accordance Title 7 in such a manner that each building is located on a separate legally divided parcel. The amendment to Condition No. 9 to the site development permit does not change the existing condition that prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a f inal map recorded, as this condition will continue to comply.

Section 8. Approval of Master Application No. 23111 with Conditions .

Based on the foregoing, the City Council hereby resolves as follows:
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Section 9. The City Council of the City of Jurupa Valley hereby approves Master Application No. 23111 which includes Specific Plan Amendment No. 2 to Specific Plan 16002 (SP16002A2) as shown on Exhibit “A” and Revision No. 1 to Site Development Permit No. 18044 (SDP18044R1) to modify Condition of Approval No. 9 as shown on Exhibit “B” to require a deposit payment for the design and construction of an off -site equestrian trail and determines that no further CEQA review is required. Except for Condition of Approval No. 9, which is modified by this Resolution, the Project is subje ct to the previously imposed Conditions of Approval.
(b) The City Manager is authorized to take any action to effectuate the purposes of this Resolution.

Section 10. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 19th day of September, 2024.

______________________________
Guillermo Silva
Mayor

ATTEST:

_______________________________
Victoria Wasko
City Clerk, CMC

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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. 2024-106 as duly adopted and passed at a meeting o f the City Council of the City of Jurupa Valley on the 19th day of September, 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 19th day of September, 2024.

___________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
ATTACHMENT NO. 1a
Exhibit A. Specific Plan Amendment No. 2
development plan
draft agua mansa commerce park specific plan ( MA16170) | 2 - 11 Access and Internal Circulation
Proposed are various access points connecting internal private streets to adjacent streets, see Figure 2.3. Four driveways are located along El Rivino Road, three along Rubidoux Boulevard, one along Hall Avenue, and one at Brown Avenue. Some of the access points restrict truck access. Access to the Open Space district will be from the shared driveway at El Rivino Road.

The internal site circulation is composed of interconnected shared driveways within each land use district leading to access points. Within the Industrial Park districts, internal driveways of varying widths lead to access points. The layout of the buildings, docks, driveways, and access points provides the most direct routes possible that minimize turns, idling, and congestion within the site.

Trails
Instead of the construction of a sidewalk for the full-length of the project site along Rubidoux Boulevard, a portion of the required sidewalk shall be a multi-purpose trail. The multi-purpose trail shall be constructed between El Rivino Road and Production Circle. The design and construction of the multi-purpose trail shall be approved by the Planning Director and City Engineer. The construction of the multi-purpose trail shall be developed with the implementation of the first entitlement to develop Parcels 6 and 7 of TPM37528 and parcel with the APN: 175-170- 036 under the Specific Plan. The trail shall be constructed as each of these parcels are developed.

Additionally, the City’s General Plan identifies an equestrian trail along Rubidoux Boulevard. However, due to significant physical constraints including the location of an existing building and granite hillside along the southwest portion of the Business Park district, the equestrian trail is too costly to be constructed along Rubidoux Boulevard.
"Exhibit A"
chapter 2
2 - 12 | draft agua mansa commerce park specific plan ( MA16170) Figure 2.4 Trails
development plan
draft agua mansa commerce park specific plan ( MA16170) | 2 - 13 As an alternative, and to provide future connectivity into the Jurupa Hills, the General Plan primary equestrian trail on Rubidoux Boulevard shall be implemented by accepting an in-lieu deposit which contributes to the cost of equestrian-oriented facilitates to be developed within the general vicinity of Agua Mansa Commerce Park (Rio Vista Specific Plan to the east, City boundary to the north, City boundary to the east, and State Route 60 to the south). The in-lieu deposit shall be at the estimate amount of the cost to design and construct 1,550 linear feet of equestrian trail in the vicinity of Agua Mansa Park. The funds are to be used to develop the regional trail network.

Conceptual Street Improvement
s
Rubidoux Boulevard - North
Rubidoux Boulevard, located along the western boundary of the Specific Plan area, is designated in the General Plan with a 118-foot right of way, as a Major Highway. Rubidoux Boulevard (Cedar Avenue north of El Rivino Road) connects with both I-10 to the north and SR-60 to the south.

Figure 2.5 Rubidoux Boulevard (North) Cross Section identifies a segment of Rubidoux Boulevard where proposed improvements include new sidewalks and parkways.

Figure 2.5 Rubidoux Boulevard (North) Cross Section

ATTACHMENT NO. 1b
Exhibit B. Revised Conditions of Approval
AGUA MANSA COMMERCE PARK SPECIFIC PLAN PROJECT (MA16170) August, 14, 2024 CONDITIONS OF APPROVAL (GPA16003, CZ16008, SP16002, DA16002, SDP18044, and TPM37528) AMENDED PER REVISED PERMIT MA23111 (SDP18044R1, SP16002A2)

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Jurupa Valley City CouncilSeptember 19, 2024

Jurupa Valley City Council
September 19, 2024