Rancho Cucamonga City Council
February 2, 2022

Resolution No. 20XX-XXX – Page 2 of 5
have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

SC Westbury Limited Partnership
The legal description of the Property is:

ALL THOSE PORTIONS OF LOTS 8 AND 9, BLOCK Y, ACCORDING TO PRELIMINARY MAP OF

ETIWANDA COLONY ISLANDS, IN THE CITY OF RANCHO CUCAMONGA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN

BERNARDINO COUNTY, CALIFORNIA AND THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF FRACTION SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND

MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT, APPROVED BY THE SURVEYOR GENERAL, NOVEMBER 13, 1885, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 9 TO A POINT ON A LINE 175.00 FEET, MEASURED AT RIGHT

ANGLES, NORTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE OF AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY PER A DOCUMENT RECORDED DECEMBER 17, 1937 IN BOOK 1249, PAGE 142 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY LINE OF THE EAST AVENUE (HAVING A HALF WIDTH OF 44.00 FEET); THENCE SOUTHERLY ALONG SAID WESTERLY

LINE OF EAST AVENUE TO THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAID LOT 9; THENCE WESTERLY ALONG SAID EASTERLY PROLONGATION AND THE SOUTHERLY LINE OF SAID LOT 9, TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 9 TO THE TRUE POINT OF

BEGINNING, AS PER CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED JULY 24, 190 AS INSTRUMENT NO. 90-289507 OF OFFICIAL RECORDS.

Assessor’s Parcels Numbers of the Property:
1100-191-04

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 8 (South Etiwanda):

Street Light Maintenance District No. 8 (South Etiwanda) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally, this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City.

The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area.

Proposed additions to the Improvements for Project Case No. SUBTT20148:
0 street lights

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No. 8 (South Etiwanda):

The rate per Equivalent Benefit Unit (EBU) is $30.60 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda) for Case No. SUBTT20148:

Land Use Basis
EDU
Factor*
Rate per
EDU*
Single Family Residential Parcel 1.00 $30.60
Multi-Family Residential Unit 1.00 30.60
Non-Residential Acre 2.00 30.60
The proposed annual assessment for the property described in Exhibit A is as follows:
131 Units x 1.00 EBU Factor x $30.60 Rate per EBU = $4,008.60 Annual Assessment

DATE:February 2, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer
SUBJECT: Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2021-03992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022-022), (RESOLUTION NO. 2022-023), (RESOLUTION NO. 2022- 024) (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve the attached resolutions ordering the annexation into Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 related to Case No. PMT2021-03992.

BACKGROUND:

Case No. PMT2021-03992 was submitted to the Building and Safety Services Department on August 30, 2021 for the construction of a 960 square foot room addition located at 7319 Fennel Road. The City’s municipal code requires the applicant sign Consent and Waiver Forms to annex the subject property to the appropriate Landscape and Street Light Maintenance Districts.

ANALYSIS:

The owners, Heather L. Grana and Phillip A. Grana have submitted the Consent and Waiver to Annexation Forms for Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2. Copies of these forms are on file with the City Clerk’s Office.

FISCAL IMPACT:

The proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts:

Landscape Maintenance District No. 1: $92.21
Street Light Maintenance District No. 1: $17.77
Street Light Maintenance District No. 2: $39.97
Further, the development will construct no streetlights and no street trees that will need to be maintained by the City.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the maintenance of high-

1 0
9 8
quality public improvements that promote a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation - LMD1
Attachment 3 - Resolution Ordering Annexation - SLD1
Attachment 4 - Resolution Ordering Annexation - SLD2

ATTACHMENT - 1
Vicinity Map
PMT2021-03992

NOT TO SCALE
Project Site

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 2 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR
PROJECT CASE NO. PMT2021-03992
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and

Resolution No. 20XX-XXX – Page 2 of 5
have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in
relationship to the entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

GRANA, HEATHER L. & GRANA, PHILLIP A.

The legal description of the Property is:

TRACT 8806 LOT 65
Assessor’s Parcels Numbers of the Property:
1090-251-29

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Landscape Maintenance District No. 1 (General City):

Landscape Maintenance District No. 1(General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City. Typically, new parcels within this District have been annexed upon development.

The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park.

Proposed additions to the Improvements for Project Case No. PMT2021-03992:

NONE

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Landscape Maintenance District No.1 (General City):

The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for Case No. PMT2021-03992:

Land Use Basis
EBU*
Factor
Rate per
EBU*
Single Family Residential Parcel 1.00 $92.21
Multi-Family Residential Unit 0.50 92.21
Non-Residential Acre 2.00 92.21
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcel x 1 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 3 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. PMT2021-03992
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared

Resolution No. 20XX-XXX – Page 2 of 5
support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

GRANA, HEATHER L. & GRANA, PHILLIP A.

The legal description of the Property is:

TRACT 8806 LOT 65
Assessor’s Parcels Numbers of the Property:
1090-251-29

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 1 (Arterial Streets):

Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City.

The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City.

Proposed additions to the Improvements for Project Case No. PMT2021-03992:

NONE

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. PMT2021-03992:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcel x 1 EBU Factor x $17.77 Rate per EBU = $17.77 Annual Assessment

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 4 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE
NO. PMT2021-03992
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory

Resolution No. 20XX-XXX – Page 2 of 5
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2022.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

GRANA, HEATHER L. & GRANA, PHILLIP A.

The legal description of the Property is:

TRACT 8806 LOT 65
Assessor’s Parcels Numbers of the Property:
1090-251-29

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 2 (Local Streets):

Street Light Maintenance District No. 2 (Local Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district.

Generally, this area encompasses the residential area of the City west of Haven Avenue.

The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue.

Proposed additions to the Improvements for Project Case No. PMT2021-03992:

NONE

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No. 2 (Local Streets):

The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for Case No. PMT2021-03992:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $39.97
Multi-Family Residential Unit 1.00 39.97
Non-Residential Acre 2.00 39.97
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcel x 1 EBU Factor x $39.97 Rate per EBU = $39.97 Annual Assessment

DATE:February 2, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Tamara L. Oatman, Finance Director
Minerva Gamboa, Business License Program Supervisor
SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 995

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 OF THE RANCHO CUCAMONGA MUNICIPAL

CODE TO CONFIRM THAT SHORT-TERM RENTALS ARE SUBJECT TO THE CITY’S TRANSIENT OCCUPANCY TAX, FURTHER CLARIFY THE

DEFINITION OF HOTEL AND TRANSIENT UNDER THE CHAPTER, PROVIDE

REGULATIONS FOR FILING AND APPEALS PROCEDURES, AND MAKE

OTHER MINOR AMENDMENTS TO THE CHAPTER
RECOMMENDATION:

Staff recommends that the City Council waive full reading and adopt Ordinance No. 995.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of January 19, 2022. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Spagnolo, Michael.

ANALYSIS:

Please refer to the January 19, 2022 City Council staff report.

FISCAL IMPACT:

Please refer to the January 19, 2022 City Council staff report.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

Please refer to the January 19, 2022 City Council staff report.

ATTACHMENTS:

Attachment 1 - Ordinance No. 995

Ordinance No. 995 – Page 1 of 8
ORDINANCE NO. 995

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING CHAPTER 3.40 OF THE RANCHO

CUCAMONGA MUNICIPAL CODE TO CONFIRM THAT SHORT-
TERM RENTALS ARE SUBJECT TO THE CITY’S TRANSIENT

OCCUPANCY TAX, FURTHER CLARIFY THE DEFINITION OF

HOTEL AND TRANSIENT UNDER THE CHAPTER, PROVIDE

REGULATIONS FOR FILING AND APPEALS PROCEDURES,

AND MAKE OTHER MINOR AMENDMENTS TO THE CHAPTER
A. Recitals.

1. In August 2020, the City Council adopted Ordinance No. 969 allowing for short-term residential rentals (STRs), provided a short-term rental permit was obtained within permitted zones and owners complied with City regulations. The Ordinance also reiterated the requirement for STRs to collect and remit monthly Transient Occupancy Tax (TOT) because such rentals qualify as a “hotel” under the existing TOT ordinance.

2. The City’s Finance Department has also received questions about the applicability of the TOT to non-human transients, such as corporations, and the City Council desires to provide a common sense clarification that a transient must be a human person.

3. The City Council also desires to make other minor amendments to the TOT ordinance in order to implement certain best practices in terms of TOT collection, such as identifying the Tax Administrator’s role in administering the tax and clarifying updates to the filing and appeals procedures.

4. The provisions of this ordinance constitute restatements of existing law and/or address the administration of the TOT ordinance, but do not affect the rate or scope of the TOT.

5. All legal prerequisites prior to the adoption of this Ordinance have occurred.

B. Ordinance.

The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1. Chapter 3.40 (Transient Occupancy Tax) of Title 3 (Revenue and Finance) of the Rancho Cucamonga Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 3.40 TRANSIENT OCCUPANCY TAX

3.40.010 Definitions.

3.40.020 Imposition of tax.

3.40.030 Exemptions

3.40.040 Allowance for collection costs.

3.40.050 Collection by operators.

3.40.060 Registration of hotel operators; issuance and contents of registration certificate.

3.40.070 Filing of report and remittance of tax collected.

3.40.080 Penalties for delinquent payment.

3.40.090 Cessation of business.

ATTACHMENT 1

Ordinance No. 995 – Page 2 of 8
1 9
3 7

3.40.100 Determination of tax by director of finance upon failure of operator to collect and report.

3.40.110 Appeals.

3.40.111 Records to be kept for three years.

3.40.112 Enforcement.

3.40.113 Disbursement.

3.40.114 Violations.

3.40.115 Effective date.

3.40.010 Definitions.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

Hotel means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, short-term rental (as defined in chapter 8.34), or other similar structure or portion thereof.

Occupancy means the use or possession, or the right or entitlement to the use or possession, of any hotel room, rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.

Operator means a person who is proprietor of the hotel, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

Tax means the tax imposed by this ordinance.

Tax Administrator means the Director of Finance or his or her designee. The Tax Administrator is charged with interpreting the provisions of this chapter.

Transient means any human person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered.

Ordinance No. 995 – Page 3 of 8
1 9
3 7

3.40.020 Imposition of tax.

A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city.

The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the city.

3.40.030 Exemptions.

No tax shall be imposed upon:

A. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

B. Any federal or state officer or employee when on official business.

C. Any other person at whom, or any occupancy as to which, it is beyond the power of the City to impose the tax provided for in this chapter.

D. Any amount subject to tax under the Sales and Use Tax Law (commencing with Revenue and Taxation Code § 6001) with respect to the sale of food products. For purposes of this subsection, the term “food products” means food and beverage products of every kind, regardless of how or where served, and shall specifically include, but not be limited to, alcoholic beverages and carbonated beverages of every kind.

Except for Subsection D above, no exemptions shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator.

3.40.040 Allowance for collection costs.

From the full amount of the tax collected and transmitted to the director of finance pursuant to this chapter, each operator may deduct and retain as for his or her administrative expense in the collection of said tax, an amount equal to four percent of the total tax to be paid.

3.40.040 Collection by operators.

Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner hereinafter provided.

Ordinance No. 995 – Page 4 of 8
1 9
3 7

3.40.050 Registration of hotel operators; issuance and contents of registration certificate.

Within 30 days after commencing business, each operator of any hotel renting occupancy to transients shall register said hotel with the director of finance and obtain from him or her a transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises. Every application for such a certificate shall be made upon a form prescribed by the Tax Administrator and shall set forth the name under which the operator transacts or intends to transact business, the location of the place of business and such other information as the Tax Administrator may require. The application shall be signed by the owner of the hotel if a natural person; by a member or partner, if association or partnership; by an executive officer or some person specifically authorized by the corporation to sign the application, if a corporation. The transient occupancy registration certificate must be in effect at all times while the business is in operation and shall be at all times posted in a conspicuous place on the hotel premises. Said certificate shall, among other things, state the following:

A. The name of the hotel;
B. The name of the operator;
C. The address of the hotel; and
D. The day upon which the certificate was issued;
E. “This transient occupancy registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit and does not apply in lieu of such other permits which are otherwise required to operate.”

3.40.060 Filing of report and remittance of tax collected Each operator shall, on or before the last day of the month following the close of each month, or at the close of any shorter reporting period which may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by him/her, of the total rents charged and received and the amount of tax collected from transient occupancies. Each such return shall contain a declaration under penalty of perjury, executed by the operator or its authorized agent, that to the best of the signatory’s knowledge, the statements in the return are true, correct and complete. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. Amounts claimed on the return as exempt from the tax pursuant to Section

3.40.030 shall be fully itemized and explained on the return or supporting schedule. At the time the return is filed, the tax fixed at the prevailing tax rate for the amount of occupancies charged or chargeable, which are not exempt from tax under Section 3.40.030, shall be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate holder if he or she deems it necessary in order to ensure collection of the tax and he or she may require further information on the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this

Ordinance No. 995 – Page 5 of 8
1 9
3 7
chapter shall be held in trust for the account of the city until payment thereof is made to the Tax Administrator.

3.40.070 Penalties for delinquent payment.

A.Original delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax.

B.Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax, in addition to the amount of the tax and the ten percent penalty first imposed.

C.Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto, in addition to the penalties stated in subsections A and B of this section.

D.Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties from the date on which the remittance first became delinquent until paid.

E.Penalties merged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid.

3.40.080 Determination of tax by Tax Administrator upon failure of operator to collect and report.

If any operator shall fail or refuse to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as he or she may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Tax Administrator procures such facts and information as he or she is able to obtain, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same, and to make such report and remittance, he or she shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, addressed to the operator so assessed, at his or her last known address. Such operator may, within ten days after the serving or mailing of such notice, make application in writing to the Tax Administrator for a hearing on the amount assessed. If the application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. If such application is made, the Tax Administrator shall give not less than five days’ written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties.

At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The

Ordinance No. 995 – Page 6 of 8
1 9
3 7
amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in section 3.40.090.

3.40.090 Cessation of business.

Each operator shall notify the Tax Administrator, ten days prior to the sale or cessation of business of a hotel for any reason and returns and remittances are due immediately upon the sale or cessation of business.

3.40.100 Appeals.

Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Manager, or his or her designee, by filing notice of appeal with the City Clerk within 15 days of the serving or mailing of the determination of tax due. The appellant shall pay a non-refundable fee in an amount established by resolution of the City Council for such appeal. The City Clerk shall schedule an appeal hearing with the City Manager or designee within 15 days of an appeal being filed. The City Clerk shall give notice in writing to such operator at his or her last known place of address. The decision of the City Manager or his or her designee shall contain factual findings and legal conclusions which support the decisions and shall be final and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

3.40.110 Records to be kept for three years.

It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, in the city, for a period of three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city, which records the Tax Administrator shall have right to inspect at all reasonable times.

Such records shall be made available to the Tax Administrator or designee at all reasonable times to conduct audits for verification of the tax liability. The Tax Administrator may subpoena the records or use any other lawful method required to inspect the records if any operator refuses to make them available for examination upon request. If the above records are not provided by the hotel operator or are deemed incomplete or unacceptable by the Tax Administrator, a determination of the taxes, penalties, and interest due will be made by the Tax Administrator in the manner specified in Section 3.40.080.

3.40.110 Enforcement.

Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. Except in the case of fraud or the failure of a property owner to file a transient occupancy tax return, the city may institute an action to collect unpaid transient occupancy taxes within four years of the date on which the transient occupancy taxes were required to be paid. If the Tax Administrator determines that the failure to make any remittance or payment due under this chapter is due to fraud, the violation shall be punishable pursuant to Section 3.40.130.

Ordinance No. 995 – Page 7 of 8
1 9
3 7

3.40.120 Disbursement.

All moneys received by the city from the collection of transient occupancy tax shall be paid into the general fund.

3.40.130 Violations.

Any operator or other person violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $500.00, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Any operator or other person who fails or refuses to register as required by this chapter or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor and is punishable as aforesaid. Any person required to make, render, submit or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor and is punishable as aforesaid.

3.40.140 Effective Date.

The tax imposed by this chapter became operative on July 1, 1983.” SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Ordinance No. 995 – Page 8 of 8
1 9
3 7
PASSED, APPROVED, AND ADOPTED this _____ day of ______________, 2022. _____________________________________
L. Dennis Michael
Mayor
I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the _____ day of _______________, 2022, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:______________________________
City Clerk

DATE:February 2, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: 8:00 PM Time Certain: Public Hearing #4 - Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY)
RECOMMENDATION:

Staff recommends that the City Council receive a report from staff, conduct a public hearing to receive public input, make a preliminary section of a new map of City Council District boundaries, and direct staff to prepare the final map and ordinance for first reading to adopt the map following the final public hearing on March 2, 2022.

BACKGROUND:

On November 8, 2016, the voters of Rancho Cucamonga approved Ordinance 887, providing for the election of four members of the City Council by four districts, with a Mayor elected at large, and establishing the boundaries and election order of each district. At that time, the Council districts were drawn using the 2010 Census data as was required by law.

Following each U.S. Census, which occurs every ten years, cities with by-district election systems must use the new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population.

By law, the City must hold at least four (4) public hearings that enable community members to provide input on the drawing of district maps. At least one hearing must occur before the city or county draws draft maps. At least two public hearings must occur after the drawing of draft maps.

The Government Code requires that a final map be adopted and submitted to the County no later than April 18, 2022.

The City has scheduled five (5) hearing dates for the Council Redistricting process. All hearings are scheduled to take place at 8:00 pm in the City Council Chambers:

Wednesday, September 15, 2021
Wednesday, November 3, 2021
Wednesday, January 19, 2022

1 1
0 9
Wednesday, February 2, 2022
Wednesday, March 2, 2022
The first three hearings were held on September 15 and November 3, 2021, and on January 19, 2022. Recordings of those hearings are available at www.drawrc.org.

The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the Council shall draw and adopt boundaries using the following criteria in the listed order of priority in accordance with Elections Code 21601(c):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024

2. Respect voters’ choices / continuity in office

3. Future population growth
ANALYSIS:

The purposes for Public Hearing #4 include:
Review of any map drafts received from the public to date Reviewing the draft map(s) that have been developed to date in conjunction with the demographer
Preliminary selection of a Council Districts map and election sequencing At the hearing, National Demographics Corporation and staff will review maps that have been developed to date, and any public map submittals.

As of this writing, one public map submittal has been received (Attachment 1); Attachment 2 is the demographer’s review of the public map, with the associated data.

As noted at prior hearings, the Council will recall that in November 2017, the City entered into a Mutual Release and Settlement Agreement with the Southwest Voter Registration Project (“SVREP”) and Louisa Ollague (collectively “Plaintiff”), settling a lawsuit alleging a violation of the California Voting Rights Act. Among other terms, that Agreement and its subsequent Amendment

1 1
0 9
No. 1 provide for Plaintiffs’ participation in the redistricting process to occur following the 2020 Census, and specifying certain timelines for that participation.

In accordance with that settlement agreement, the City first submitted a draft map to the Plaintiffs on October 29, 2021. Since that time, discussions with the Plaintiffs have been ongoing. Most recently, as a result of those discussions, Map 105 was developed (Attachment 3) and the parties have indicated their agreement to submit map to the City Council in accordance with the settlement agreement. This draft map meets the required federal and state criteria, and would make minimal changes to the existing City Council District boundaries. It varies slightly from Map 104 that was presented at the last public hearing; Attachment 4 is a comparison of Maps 104 and 105.

It is recommended that the City Council preliminarily select Map 105 as its preferred map, and direct staff to prepare the final map and ordinance for first reading and adoption at the final public hearing on March 2, 2022. Election sequencing shall be in accordance with Rancho Cucamonga Municipal Code Section 2.11, which in summary provides that elections for the Council seats in Districts 2 and 3 will be held every four years beginning in November 2018, along with the election of Mayor. The elections for Districts 1 and 4 will be held every four years beginning in November 2020. The district numbers in proposed Map 105 align with the current district numbers of districts that generally align with the same territory.

No further public comments have been received since the last hearing date. The public is encouraged to participate in the hearing. Residents are encouraged to visit www.drawrc.org to follow updates on the redistricting process, review data and materials, and participate in the process by offering comments.

FISCAL IMPACT:

None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

Conducting this public hearing is in keeping with the City Council’s mission to ensure and advance the quality of life for the community through inclusive decision making.

ATTACHMENTS:

Attachment 1 – Walker map
Attachment 2 – Demographer’s version of Walker Map (Map 106) Attachment 3 – Recommended map (Map 105)
Attachment 4 – Comparison of Map 104 and 105

From: Bravo-Valdez, Patricia
To: Sassoon, Lori; Gillison, John
Cc: Troyan, Linda
Subject: FW: Rancho Cucamonga
Date: Wednesday, January 19, 2022 6:30:40 PM
Attachments: Rancho Cucamonga GEO.csv
Rancho Cucamonga District Demographics.xlsx
image001.png
Correspondence received.

From:

Timothy Walker <[email protected]>
Sent: Wednesday, January 19, 2022 4:51 PM
To: City Clerk <[email protected]>
Subject: Rancho Cucamonga
CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
I would like to submit a city council map for the City of Rancho Cucamonga’s redistricting process.

Below are key points of the city that are kept together in each of these districts. I’ve included the 2020 Census Blocks equivalency file along with a photo of the map submitted.

Please let me know if I forgot to include anything. Thank you and have a great day.

District 1 (Northwest)
· Keeps together the historic Alta Loma community
· Demographics, socioeconomic factors, and housing prices are the most similar · North of the 210, it takes in the portion of the city WEST of Haven · Most of the Alta Loma School District is grouped into the district · Alta Loma High School is in this district
· Absorbs the Red Hill community and adjacent neighborhoods west of Hellman Ave. and north of Foothill Blvd.
· Sam Maloof House and John Rains House kept together in this district District 2 (South)
ATTACHMENT 1

· 44.5% Latino CVAP
· Highest Black CVAP
· Serves all of the Cucamonga School District and portion of Central School District
· Cities manufacturing hub is in this portion of the city · Quakes Stadium & Animal Shelter are in this district · Northtown Community of Interest (COI) kept whole
· Keeps the entirety of the city south of Foothill Blvd. together · Doesn’t go north of Baseline Rd., east of Hermosa Ave. and west of Hellman Ave.

District 3 (Center)
· Captures the city-center of Rancho Cucamonga
· Central Park & Senior Center is included in this district · Second highest Asian and Black CVAP of all the districts · Fastest expanding section of the city
· Most diverse section of the city
· Central School District is the primary School District that serves this district, in additions to portions of Alta Loma School District and Etiwanda School District
· Rancho Cucamonga High School is in this district

District 4 (Northeast)
· Historic Etiwanda community
· Highest Asian CVAP population
· Captures the eastern end of the city, which is still expanding · North of the 210, it takes in the portion of the city EAST of Haven · Wealthier families are in this district
· Victoria Gardens Mall is apart of this district

· Most of the Etiwanda School District is in this school district · Etiwanda High School and Los Osos High School are in this district · Chaffey College is grouped into this district

3 1
2 4
15 15
15 210
210
Foothill Blvd
210
Foothill Blvd
6th St
Rochester Ave
Haven Ave
Banyan St
Carnelian St
W
ilson Ave
Hillside Rd
Church St
E 8th St
Arrow
Blvd
Baseline Rd
E 9th St
Archibald Ave
Hellman Ave
Beryl St
Sapphire St
Turquoise Ave
Hermosa Ave
East Ave
Milliken Ave
Wardman Bullock Rd
Etiwanda Ave
Day Creek Blvd
�2017 CALIPER
AATTACHMENT 2
&nbsp;
&nbsp;

Map 106
District 1
Total Pop 43,634
Deviation from ideal -68
% Deviation -0.16%
% Hisp 34.4%
% NH White 47%
% NH Black 5%
% Asian-American 10%
Total 31,974
% Hisp 29%
% NH White 58%
% NH Black 4%
% Asian/Pac.Isl. 7%
Total 30,670
% Latino est. 28%
% Spanish-Surnamed 25%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black 4%
Total 26,139
% Latino est. 27%
% Spanish-Surnamed 25%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black 4%
Total 18,814
% Latino est. 23%
% Spanish-Surnamed 21%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 70%
% NH Black est. 4%
ACS Pop. Est. Total 43,016
age0-19 23%
age20-60 52%
age60plus 25%
immigrants 15%
naturalized 71%
english 75%
spanish 16%
asian-lang 5%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 8%
hs-grad 47%
bachelor 20%
graduatedegree 14%
Child in Household child-under18 32%
Pct of Pop. Age 16+ employed 64%
income 0-25k 12%
income 25-50k 12%
income 50-75k 14%
income 75-200k 50%
income 200k-plus 12%
single family 83%
multi-family 17%
rented 26%
owned 74%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 43,792
90 0.21%
48%
25%
12%
11%
31,063
44%
32%
15%
8%
21,942
43%
39%
4%
2%
39%
16%
17,178
41%
37%
4%
2%
40%
16%
10,107
37%
34%
3%
2%
44%
16%
44,929
26%
60%
14%
21%
59%
60%
28%
7%
5%
15%
52%
16%
7%
36%
63%
17%
23%
17%
39%
4%
51%
49%
59%
41%
3 43,825
123

0.28%
35%
33%
11%
18%
29,945
34%
39%
14%
12%
25,850
32%
29%
6%
2%
47%
15%
21,458
31%
28%
6%
2%
48%
15%
13,910
29%
27%
4%
2%
51%
14%
43,791
28%
56%
16%
19%
65%
71%
15%
9%
6%
11%
45%
23%
15%
40%
69%
9%
13%
15%
53%
9%
70%
30%
41%
59%
4 43,558
-144
-0.33%
32%
32%
9%
24%
30,133
33%
37%
11%
17%
26,569
30%
27%
9%
2%
48%
13%
22,310
29%
26%
8%
2%
49%
13%
14,257
27%
25%
6%
2%
53%
13%
44,934
28%
56%
16%
24%
66%
63%
18%
11%
8%
11%
40%
26%
19%
44%
68%
7%
9%
10%
54%
20%
82%
18%
27%
73%
Total
174,809
267

0.61%
37%
34%
10%
16%
123,115
35%
41%
11%
11%
105,031
32%
30%
6%
2%
51%
11%
87,085
31%
29%
5%
2%
52%
11%
57,088
28%
26%
4%
2%
56%
11%
176,670
26%
56%
18%
20%
65%
67%
19%
8%
6%
11%
46%
21%
14%
38%
66%
11%
14%
14%
49%
11%
71%
29%
38%
62%
01/27/2022 8:48 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

3 2
1 4
15 15
15 210
210
Foothill Blvd
210
Foot
hill Blvd
3 1
2 4
National Demographics Corporation, January 26, 2022
�2017 CALIPER
ATTACHMENT 3
&nbsp;
&nbsp;

Map 105
District 1
Total Pop 44,393
Deviation from ideal 691
% Deviation 1.58%
% Hisp 34.5%
% NH White 47%
% NH Black 5%
% Asian-American 10%
Total 32,485
% Hisp 29%
% NH White 58%
% NH Black 4%
% Asian/Pac.Isl. 7%
Total 31,168
% Latino est. 28%
% Spanish-Surnamed 26%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black 4%
Total 26,562
% Latino est. 27%
% Spanish-Surnamed 25%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black 4%
Total 19,091
% Latino est. 23%
% Spanish-Surnamed 21%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 70%
% NH Black est. 4%
ACS Pop. Est. Total 43,768
age0-19 24%
age20-60 52%
age60plus 25%
immigrants 15%
naturalized 71%
english 76%
spanish 16%
asian-lang 5%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 8%
hs-grad 47%
bachelor 20%
graduatedegree 14%
Child in Household child-under18 32%
Pct of Pop. Age 16+ employed 64%
income 0-25k 12%
income 25-50k 12%
income 50-75k 15%
income 75-200k 50%
income 200k-plus 12%
single family 84%
multi-family 16%
rented 25%
owned 75%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 43,607
-95
-0.22%
48%
25%
13%
11%
30,926
44%
31%
15%
8%
21,769
43%
39%
4%
2%
38%
16%
17,001
41%
37%
4%
2%
39%
16%
10,005
38%
35%
3%
2%
43%
16%
44,675
26%
60%
14%
21%
59%
59%
29%
7%
5%
15%
52%
17%
7%
35%
63%
17%
23%
17%
39%
4%
50%
50%
59%
41%
3 42,439
-1,263
-2.89%
34%
31%
12%
21%
29,010
36%
33%
16%
13%
23,793
32%
29%
7%
3%
43%
18%
19,668
31%
28%
7%
3%
43%
18%
12,316
29%
27%
5%
2%
47%
18%
43,209
28%
58%
14%
23%
65%
67%
16%
11%
6%
13%
39%
26%
18%
39%
69%
9%
11%
14%
56%
10%
63%
37%
48%
52%
4 44,370
668

1.53%
33%
35%
8%
21%
30,693
31%
42%
9%
16%
28,301
30%
27%
8%
2%
51%
10%
23,854
29%
27%
8%
2%
52%
10%
15,676
27%
25%
6%
2%
56%
10%
45,019
28%
54%
18%
21%
66%
67%
17%
9%
7%
9%
46%
24%
16%
45%
67%
7%
11%
12%
52%
19%
90%
10%
20%
80%
Total
174,809
1,954

4.47%
37%
34%
10%
16%
123,115
35%
41%
11%
11%
105,031
32%
30%
6%
2%
51%
11%
87,085
31%
29%
5%
2%
52%
11%
57,088
28%
26%
4%
2%
56%
11%
176,670
26%
56%
18%
20%
65%
67%
19%
8%
6%
11%
46%
21%
14%
38%
66%
11%
14%
14%
49%
11%
71%
29%
38%
62%
01/26/2022 21:37 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

2 0
8 3
ATTACHMENT 4