Rancho Cucamonga City Council
April 20, 2022

DATE:April 20, 2022
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Darci Vogel, Fire Business Manager
SUBJECT: Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE)
RECOMMENDATION:

Staff recommends that the Fire Board of the Rancho Cucamonga Fire Protection District:

1. Accept the RCFPD Fire Station No. 176 Site Improvements Project, Contract No. FD 2020-009, as complete;

2. Approve the final contract amount of $84,282.39;

3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond;

4. Authorize the release of the Labor and Materials Bond in the amount of $79,000, six months after the recordation of said notice if no claims have been received;

5. Authorize the Fire Chief to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and

6. Authorize the Fire Chief to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship.

BACKGROUND:

On October 1, 2020, the Fire Board awarded a construction contract to OCC Builders, Inc. in the amount $79,000 for the RCFPD Fire Station No. 176 Site Improvements Project. Additionally, the City Council authorized a 10% contingency in the amount of $7,900 to address unforeseen construction related incidentals. A Vicinity Map is included in attachment 1.

The scope of work to be performed consisted of the partial clear and grub, demolition and patch and repair of existing concrete curb as required, partial demolition of existing site walls, new sand bag concrete pad, earthwork regrading, removal of existing sand bag concrete k-rails, relocation or capping of existing irrigation within area of work, installation of new site cmu site walls, and installation of new stone gravel.

ANALYSIS:

The subject project has been completed in accordance with the approved plans and specifications

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and to the satisfaction of the Fire Chief. The final cost of the construction contract is $84,282.39, a net increase of $5,779 resulting from one (1) Change Order, as summarized below:

Change Order No.1: During the course of the project, several adjustments to the project scope required extra work to be performed by the contractor. This work included: additional backfill behind the wall; installation of additional rebar for the concrete slab in the sand pit; forming and pouring a 6” concrete curb above the finish floor of the sand pit; installation of an expansion joint in the wall; and additional rock on the slope and in place of mulch. The extra work totaled $5,779, which was covered by project contingency funds.

At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the Fire Chief.

FISCAL IMPACT:

The final contract amount for OCC Builders, Inc. Contract FD 2020-009, is $84,282.39. The total final project cost, including construction inspection, soils and materials testing, and survey services is $152,818.39, as shown below. Sufficient funds are available in the Fire Capital Fund (3288501-5650 / 1995288) for the final project cost.

Final Construction Contract $ 84,282.39
Soils and Materials Testing Services $ 16,529.00
Survey Services $ 8,500.00
Construction Inspection Services $ 43,507.00
Total Project Costs $ 152,818.39
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our Fire first responders have the resources and tools necessary to train for and respond to emergency situations.

ATTACHMENTS:

Attachment 1 – Vicinity Map

ATTACHMENT 1

PROJECT: RCFPD Fire Station No. 176 Site Improvements
Vicinity Map

NOT TO SCALE

Project Site

DATE:April 20, 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 Darren Chin, Associate Engineer
SUBJECT: Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021-00021. (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve the final map of Tract 19996 on file with the City Engineer.

BACKGROUND:

Tentative Tract Map No. 19996 was approved by the Planning Commission on February 24, 2021 for the re-subdivision of Parcel 2 of Parcel Map 16238, located at 9353 Fairview Place on the southwest corner of Milliken Avenue and 6th Street. The map will subdivide the existing parcel into eight (8) office condominium units. The original subdivision approved on October 22, 2003 by the Planning Commission in 2003 has previously been developed with one- and two-story office buildings. No new buildings or uses are proposed as part of this subdivision.

ANALYSIS:

The owner, Butterfield Villas, LLC has submitted the final map for Tract 19996 for consideration of approval. The final map has been reviewed by Staff and found to be technically correct and in conformity with the State and City subdivision regulations. All conditions of approval for the subdivision required to be completed prior to recording of the final map have been satisfied.

FISCAL IMPACT:

No fiscal impact.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The subject subdivision supports the City Council’s vision of building on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunities for all to thrive by ensuring that subdivision of land continues to add value to the community.

ATTACHMENTS:

Attachment 1 - Vicinity Map

ATTACHMENT 1
TRACT 19996
Vicinity Map

NOT TO SCALE

DATE:April 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Oatman, Finance Director
SUBJECT: Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY)
RECOMMENDATION:

Staff recommends that the City Council award and execute a three (3) year contract with Procure America for cost reduction consulting services for the City’s gas, water, and electric utilities accounts.

BACKGROUND:

Over time, the quantity and complexity of the City’s various utility accounts for gas, water, and electricity have grown significantly. Periodic rate increases have been implemented by all of the utility services providers during this time. While staff have performed general oversight of these changes, detailed audits of the various accounts have not been performed increasing the risk that the City may be paying an incorrect rate or paying for services that are no longer needed.

Other cities/agencies have engaged Procure America for similar projects. Those agencies include, but are not limited to: County of Riverside, City of Covina, Jurupa Community Services District, City of Irvine, County of San Diego, City of Pomona, County of Orange, City of Hayward, City of Montebello, City of Moreno Valley, City of Santa Ana, and California State Polytechnic University, Pomona.

ANALYSIS:

Staff became aware of a consultant, Procure America (PA), that can perform an audit of the City’s various utility accounts to identify potential cost savings with minimal staff time required. The audit will be conducted in three primary phases:

1. Review phase: PA will use its best efforts to obtain cost savings for the City’s benefit by analyzing our policies, procedures, supplier contracts, past invoices, and other pertinent information as it relates to the City’s utilities services set for review. PA will gather information as to the City’s needs (past, present, and future) from the City’s service providers so as to build a solution that not only lowers cost, but also matches our operational requirements and expectations. After analyzing the City’s current spending patterns, PA will provide us with a findings report outlining their observations.

The report will include a review of operations, cost reduction recommendations, and potential service level enhancements. The report’s recommendations will also include

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a comparison to the City’s historical cost or “Established Rates” to clearly outline the cost savings generated by this project. It is understood that despite PA’s recommendations, the City has the right not to proceed with any of PA’s result findings or proposals.

2. Post-review phase: In the event that the City wishes to proceed with PA’s recommendations, for the entire balance of the relationship with the City, PA will continue to consult with the City in an effort to continuously look for efficiencies in the chosen areas of focus (utilities services). Periodically, the PA team will review the City’s invoicing and deliverables to ensure accountability by the City’s service providers with respect to the spirit and intent of the agreement between the City and the third-party service provider. This review will take into account service levels, cost controls, and overall client satisfaction. Further, PA will continuously consult with the City to anticipate changes in service needs to ensure that the proper service provider, contract, and procedures are in place to address the City’s go forward requirements.

3. Revenue share: PA’s findings report will document the Established Rates and specific recommendations for each service chosen for review and outline the methodology used to generate the report. The City and PA will then discuss and agree on the Established Rates for the targeted service as outlined in the findings report. If the City elects to proceed with any or all of the recommendations as set forth in the findings report, the City agrees to compensate PA for the savings outlined within the findings report. The Revenue Share to PA is fifty percent (50%) or half of the actual realized savings measured by the difference between the agreed upon Established Rates and the City’s new costs as set forth in PA’s findings report and documented through actual realized savings. PA will share in the identified savings for a period of three years. After the three-year period has ended, the savings to the City will continue, and the City will no longer be required to make the 50% payment.

A snapshot of the project timeline (April 25th through July 25th) and project milestones is as follows:

Item Week Date Responsibility
Kick off meeting & Document
Request
Week 1 April 25 CoRC Team, Procure
America
CoRC Returns LOAs, Vendor
Invoices, Facilities List, to
Procure America
Week 2 May 4 CoRC Team
Procure America Begins
Online Usage Download from
Providers
Week 3 May 11 Procure America
Data Analysis/TROS® Weeks 4 - 8 May 16 – June 13 Procure America Site visits may need to be
conducted at City locations
CoRC Staff, Procure
America
Procure America Creates
TROS® Findings Report
with
Recommendations
Week 9 June 20 Procure America
Procure America Delivers
TROS® Findings Report to
City
Week 10-12 July 11 CoRC, Procure
America
TROS® = Tariff Rate Optimization Study

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The proposed Professional Services Agreement is on file with the City Clerk’s Office.

FISCAL IMPACT:

The costs associated with this agreement, if the City chooses to proceed with PA’s recommendations, will be covered by the savings achieved by the implementation of the specified utility account modifications. The exact amount of savings is indeterminable at this point in time.

However, this item is being brought to the City Council for approval in the instance the fees for service surpass the City Manager’s signing authority of $100,000. Budget transfers will be utilized to move cost savings from the various utility accounts to the contract services accounts that PA will be paid from in accordance with the City’s established policies.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

Ensuring the City’s receives accurate rates for its utilities services supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of its operating expenditures to ensure that financial resources are available to support the various services the City provides to all Rancho Cucamonga stakeholders.

ATTACHMENTS:

None

DATE:April 20, 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 Romeo M. David, Associate Engineer
SUBJECT: Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the plans and specifications for the Center Avenue Pavement Rehabilitation Project);

2. Accept the bids received for the Project;

3. Award and authorize the execution of a contract in the amount of $371,000 to the lowest responsive bidder, Onyx Company, Inc., for the total Bid;

4. Authorize the expenditure of a 10% contingency in the amount of $37,100;

5. Authorize a Purchase Order in the amount of $24,156 to Willdan, Inc. for on-call construction inspection services; and

6. Authorize a Purchase Order in the amount of $13,255 to SCST, LLC Atlas Company for on-call material testing services.

BACKGROUND:

Existing asphalt pavement condition for sections alongside Center Avenue have deteriorated to the point that resurfacing is required to extend the life of pavement and improve rideability. The Center Avenue Pavement Rehabilitation Project has been included in the Capital Improvement Program budget for this Fiscal Year 2021/22. A Vicinity Map illustrating the limit of the Project is included as Attachment 1.

The City of Rancho Cucamonga uses asphalt rubber hot mix overlay for major arterials as a paving method to apply a new layer of asphalt to deteriorating roadway surfaces. Instead of demolishing the old asphalt surface completely, asphalt rubber hot mix overlay uses the existing layers as a base for the new asphalt pavement. An asphalt rubber hot mix overlay project extends the life of the pavement an additional 15 to 20 years
ANALYSIS:

The scope of work consists of weed kill, routing and crack sealing, cold milling, asphalt rubber hot mix overlay, adjusting existing manholes and valves to new grade, restriping and installation of pavement markings, handicap ramps, curb and gutter, drive approach, and re-striping. The contract documents call for thirty (30) working days to complete this project.

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The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on March 15 and 22, 2022. The City Clerk’s Office facilitated the formal solicitation for bidding the project.

On March 29, 2022, the City Clerk’s office received five (5) construction bids. The Engineer’s Estimate for the project was $450,000. The apparent low bidder Onyx Paving Company, Inc. submitted a bid in the amount of $371,000. A full bid summary is included as Attachment 2.

Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder Onyx Paving Company, Inc. meets the requirements of the bid documents.

Staff has determined that the project is Categorically Exempt per Section 15301 “Existing Facilities” subsection (c), Class 1 California Environmental Quality Act (CEQA).

FISCAL IMPACT:

Anticipated construction costs are estimated to be as follows:

Expenditure Category Amount
Construction Contract $371,000
Construction Contract Contingency (10%) $37,100
Construction Inspection Services $24,156
Construction Materials Testing Services $13,255
Bid Noticing Advertisement $1,631
Estimated Construction Costs $447,142
A total of $475,000 is available in the approved Fiscal Year 2021/22 budget from the State Gas Tax R&T7360 Fund (Fund 174) to cover the anticipated project costs. Funding for this project is identified under Capital Improvement Project Account No. in the amount listed below:

Account No. Funding Source Description Amount
11743035650/2008174-0 Gas tax R&T7360
Fund (174)
Center Avenue $447,142
Total Project Funding $447,142
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements
ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Bid Summary

ATTACHMENT 1
PROJECT# 800-2021-11
"CENTER AVENUE PAVEMENT REHABILITATION
6TH STREET TO 8th STREET”

NOT TO SCALE
Project Site
Project Site

UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID

NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS Mobilization $18,962.00 $18,962.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $30,732.90 $30,732.90 $40,000.00 $40,000.00 $20,000.00 $20,000.00 2 1 LS Traffic Control $25,000.00 $25,000.00 $27,000.00 $27,000.00 $18,961.00 $18,961.00 $25,000.00 $25,000.00 $11,700.00 $11,700.00 $64,000.00 $64,000.00 3 1 LS Clearing and Grubbing - Including all Removal and Disposal $30,000.00 $30,000.00 $13,000.00 $13,000.00 $10,000.00 $10,000.00 $2,500.00 $2,500.00 $10,500.00 $10,500.00 $16,000.00 $16,000.00 4 1 LS Construction Staking (For Ramps Only) $8,000.00 $8,000.00 $8,800.00 $8,800.00 $9,000.00 $9,000.00 $8,900.00 $8,900.00 $3,00 0.00 $3,000.00 $9,000.00 $9,000.00 5 2,792 SF Construct PCC Access Ramp Including Truncated Detectable Warning Surfaces Complete in Place Per Plans and Specifications
$17.00 $47,464.00 $11.00 $30,712.00 $11.00 $30,712.00 $13.00 $36,296.00 $14.60 $40,763.20 $13.00 $36,296.00 6 24 SF Construct Additional Truncated Detectable Warning Surface on Existing Curb Ramp Per Plans and Specifications
$55.00 $1,320.00 $60.00 $1,440.00 $90.00 $2,160.00 $80.00 $1,920.00 $130.00 $3,120.00 $134.00 $3,216.00 7 479 LF Construct PCC Curb and Gutter Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Curb and Gutter
$60.00 $28,740.00 $55.00 $26,345.00 $80.00 $38,320.00 $55.00 $26,345.00 $49.50 $23,710.50 $57.00 $27,303.00 8 1,297 SF Construct 4" PCC Spandrel Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Spandrel
$55.00 $71,335.00 $15.00 $19,455.00 $20.00 $25,940.00 $19.00 $24,643.00 $21.40 $27,755.80 $20.00 $25,940.00 9 627 SF Construct 6" Full Depth AC Pavement Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing AC Pavement
$25.00 $15,675.00 $20.00 $12,540.00 $18.00 $11,286.00 $15.00 $9,405.00 $11.00 $6,897.00 $10.00 $6,270.00 10 36 LF Construct PCC Retaining Curb Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Retaining Curb
$50.00 $1,800.00 $55.00 $1,980.00 $50.00 $1,800.00 $55.00 $1,980.00 $67.30 $2,422.80 $60.00 $2,160.00 11 493 SF Construct 4" PCC Sidewalk Complete in Place Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Sidewalk
$12.00 $5,916.00 $10.00 $4,930.00 $11.00 $5,423.00 $13.00 $6,409.00 $12.35 $6,088.55 $10.50 $5,176.50 12 626 SF Construct PCC Driveway Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Driveway
$17.00 $10,642.00 $15.00 $9,390.00 $16.00 $10,016.00 $14.00 $8,764.00 $18.65 $11,674.90 $15.50 $9,703.00 13 13 LF Construct PCC Retaining Curb and Paint it Red Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Retaining Curb $75.00 $975.00 $55.00 $715.00 $50.00 $650.00 $75.00 $975.00 $66.40 $863.20 $60.00 $780.00 14 10,966 SY 2" Cold Plane $2.60 $28,511.60 $2.00 $21,932.00 $2.00 $21,932.00 $2.35 $25,770.10 $2.59 $28,401.94 $2.65 $29,059.90 15 1,234 TN 2" Asphalt Rubber Hot Mix Overlay (ARHM) $90.00 $111,060.00 $111.00 $136,974.00 $100.00 $123,400.00 $106.00 $130,804.00 $100.00 $12 3,400.00 $96.00 $118,464.00 16 4 EA Remove Existing Tree Including Roots an d Stump (Size 12" to 36" Diameter) $1,500.00 $6,000.00 $2,000.00 $8,000.00 $1,60 0.00 $6,400.00 $2,400.00 $9,600.00 $1,600.00 $6,400.00 $1,630.00 $6,520.00 17 19 EA Adjust Existing Manholes to Finish Grade $1,000.00 $19,000.00 $1,000.00 $19,000.00 $1,000.00 $19,000.00 $1,100.00 $20,900.00 $1,025.00 $19,475.00 $1,000.00 $19,000.00 18 36 EA Adjust Existing Valve Can and Cover to Finish Grade $200.00 $7,200.00 $100.00 $3,600.00 $300.00 $10,800.00 $150.00 $5,400.00 $60.00 $2,160.00 $340.00 $12,240.00 19 1 LS Striping and Signage Per Signing and St riping Plan Complete in Place $10,000.00 $10,000.00 $6,187.00 $6,187.00 $6,000.0 0 $6,000.00 $6,500.00 $6,500.00 $7,760.00 $7,760.00 $6,400.00 $6,400.00 20 2 EA Install Construc tion Notification Sign $1,200.00 $2,400.00 $1,000.00 $2,000.00 $1,600.00 $3,200.00 $1,000.00 $2,000.00 $2,1 00.00 $4,200.00 $1,100.00 $2,200.00 BID $373,000.00 BID $393,792.89
TOTAL BASE BID AMOUNT: $450,000.60 CORRECTED $371, 000.00 $375,000.00 $384,844.00 CO RRECTED $380,292.89 $419,728.40 5 VANCE CORPORATION THE R.J. NOBLE COMPANY

BASE BID
3BID DATE: MARCH 29, 2022
ENGINEER'S ESTIMATECENTER AVENUE PAVEMENT REHABILIATION PROJECT- FROM 6TH STREET TO 8TH STREET

APPARENT LOW BIDDER
ONYX PAVING COMPANY, INC.
4 ALL AMERICAN ASPHALTHARDY & HARPER, INC.
2 ATTACHMENT 2
 
 

DATE:April 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022-01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022-01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022-02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022-02. (RESOLUTION NOS. 2022- 039, 2022-040, 2022-041 AND 2022-042) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 2022-039, a Resolution declaring its intention to establish the Street Lighting Services Community Facilities District No. 2022-01 (Street Lighting CFD).

2. Adopt Resolution No. 2022-040, a Resolution declaring its intention to annex territory in the future to Street Lighting CFD.

3. Adopt Resolution No. 2022-041, a Resolution declaring its intention to establish the Industrial Area Services Community Facilities District No. 2022-02 (Industrial CFD).

4. Adopt Resolution No. 2022-042, a Resolution declaring its intention to annex territory in the future to Industrial CFD.

BACKGROUND:

Street Lighting CFD: Currently, the City has a process for placing all new projects into the existing Street Lighting Districts ("SLD") to help mitigate the costs for operating and maintaining street lighting associated with new development. The current SLDs were established in the early 1980s in conjunction with the development of the City. There are eight SLDs, consisting of approximately 56,883 total parcels, maintaining approximately 17,000 streetlights and 200 traffic signals.

While intended to bear the costs of the improvements that provide a special benefit to the property owners, the SLDs cannot increase the assessment rate due to the passage of Proposition 218 in 1996, which required voter approval for rate increases after that date. The City's General Fund, per the city policy authorized by the City Council, has provided subsidies to maintain the services due to an inability to increase revenues for the existing SLDs. Eventually, all the SLDs will face similar financial issues due to the inability to increase assessment revenues.

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Industrial CFD: Starting in late 2020, it was noted that much of the industrial area that had been developed and operated by "legacy" uses and tenants was being redeveloped. Many of these major industrial businesses were present before the incorporation of the City or developed shortly after. In addition, the City recognized that many multiple smaller properties in the City's industrial area were relatively under-developed or developed with non-conforming uses.

ANALYSIS:

Street Lighting CFD
Recognizing the long-term financial problem, Finance began analyzing the proposed Street Lighting CFD for future development, encompassing the City's boundary similar to the existing SLDs.On a go-forward basis, newly developed properties will become annexed into the proposed Street Lighting CFD instead of the SLD's. The assessment rates for the new Street Lighting CFD can be adjusted annually as operating costs increase. While the new CFD does not solve the fiscal challenges of the original SLD's, it will prevent the situation from worsening in the future.

The Properties currently annexed into an existing SLD are not impacted by this action.

The proposed Street Lighting CFD rates are based on the true budgeted costs for operating and maintaining the City's streetlights without any contributions from the City's General Fund or use of reserves. Also, the proposed rates include land use categories that are not part of the current SLDs but are necessary for current and future development. Expanding the land use categories in the Street Lighting CFD will help address mixed-use developments and the potential for accessory units on single family lots.

Additionally, existing SLDs do not include a rate for undeveloped property, whereas the proposed Street Lighting CFD will offset costs for the parcels' administration. The undeveloped rate will allow the City to recover reasonable administrative costs for properties that have been annexed but have not yet developed.

The table below illustrates the Street Lighting CFD rates by tax zone to correspond to the eight existing SLDs:

Street Lighting CFD
Single Family
(per unit)
Multi Family
(per unit)
Non-
Residential
(per acre)
Undeveloped
(per parcel)
Zone 1 $22.67 $22.67 $45.34 $200.00
Zone 2 $75.17 $75.17 N/A $200.00
Zone 3 $47.15 $47.15 $94.30 $200.00
Zone 4 $28.96 $28.96 $57.92 $200.00
Zone 5 $63.79 N/A N/A $200.00
Zone 6 N/A N/A $51.40 $200.00
Zone 7 $58.64 $58.64 $117.28 $200.00
Zone 8 $37.79 $37.79 $75.58 $200.00

Following formation, and on an annual basis, the City will calculate the expenses and revenues from the SLDs and Street Lighting CFD. Then, annually, the Street Lighting CFD rates may be adjusted by a minimum of two percent (2%) to a maximum of six percent (6%) depending on the actual changes in costs. These revenues will pay for expenses attributable to maintaining and servicing streetlights, traffic signals, and appurtenant facilities.

Industrial CFD:

When the City Council took action to create a strategic pause to analyze and evaluate the City's industrial code in light of more modern industrial development trends, Finance began analyzing the financial impacts industrial development has on City's services. While industrial users create many economic benefits for the City, industrial development can also impact the City's streets and traffic management system, storm drain infrastructure, and calls for police services. To help gain a better understanding of the benefits and impacts generated by industrial development, the City developed a Fiscal Impact Analysis (FIA). The FIA factored in a holistic analysis of the benefits, such as increased property tax revenue, business and employee sales tax revenue, and impacts on public services and infrastructure.

The FIA report concluded a revenue shortfall of almost $3.5 million between projected revenues from future industrial development and estimated expenditures. The FIA calculated approximately $12,000 per acre would be needed to eliminate this shortfall to mitigate this fiscal impact. To determine if this mitigation amount was financially feasible, staff met with several industrial developers and brokers to discuss and evaluate market rents, property maintenance and development costs, existing and planned governmental taxes, and reasonable rates of return on investments. After these discussions, the staff determined it was financially feasible to set the CFDs rate at $5,852 per acre for industrial development.

Unlike the Street Lighting CFD, the Industrial CFD is only applicable to the industrial portion of the City. The proposed Industrial CFD will provide revenues for maintaining and servicing street and roadway services and facilities, storm drain repair and maintenance, police safety calls and service, landscaping and beautifying industrial areas, and creating a capital reserve account for future repairs and maintenance in the industrial area.

Like the Street Lighting CFD, on an annual basis, the City will evaluate revenues and expenditures for the services to the industrial area and adjust the Industrial CFD rate by a minimum of two percent (2%) to a maximum of six percent (6%) depending on the actual changes in costs.

Resolutions of Intention to Establish Street Lighting CFD and Industrial CFD: The City initiated both the Street Lighting CFD and Industrial CFD and collaborated with Bridge Point Rancho Cucamonga, LLC ("Bridge") as the initial property owner to annex into both CFDs. The initial property location for both CFDs is identified on the attached Boundary Map and consists of two assessor's parcels, 0229-283-50 and 0229-283-51, more commonly referred to as 12434 4th Street, Rancho Cucamonga, CA 91730. Bridge submitted a petition demonstrating their concurrence to form both CFDs and their consent of the proposed levy. The petition is on file with the City Clerk.

The first step in forming a community facilities district is the approval by the City Council of the Resolution of Intention. The attached resolutions for the Street Lighting CFD and Industrial CFD reference the boundary map and assessor's parcels for the properties that will become part of the CFD when formed. Also included are the Rate and Method of Apportionment and a description of the authorized services. These resolutions require a public hearing on June 1, 2022, when a qualified electors (Bridge) election will be conducted.

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After adopting the Resolutions of Intention, a public notice will be published in a local paper and mailed to Bridge. On June 1, 2022, following the public hearing, the City Council may then adopt resolutions authorizing the formation of the CFDs and calling an election regarding the proposed levy. The City Clerk will receive the ballots of the qualified electors before the public hearing and, at the public hearing, will provide the results of the election. The final action by the City Council will be to adopt an ordinance authorizing the levy of special taxes. A second reading of the ordinance is anticipated for June 15, 2022.

Resolution Declaring Intention for Future Annexations: The Resolutions of Intention for Future Annexations will streamline staff and legal work regarding the annexation process, thus reducing both time and costs. To ensure the annexations are completed, a condition of approval requiring a property to annex to one, or both in the case of industrial development, of the CFDs will be applied through the development approval process. The applicant will pay for the costs of future annexations for the property to be annexed.

The proposed boundary map for the future annexation area for the Street Lighting CFD is the City's boundaries, whereas the Industrial CFD consists of only the industrial portion of the City.

The City of Rancho Cucamonga submitted a petition for Street Lighting CFD and Industrial CFD requesting the City Council initiate proceedings to annex territory in the future. These petitions are on file with the City Clerk.

FISCAL IMPACT:

The total fiscal impacts of the Street Lighting CFD and Industrial CFD cannot be determined because it applies to future development.

The Street Lighting CFD will maintain streetlights, traffic signals, and appurtenant facilities. The Street Lighting CFD rates can be adjusted annually based on actual operating cost increases.

The current SLDs cannot increase which results in the City's General Fund subsidizing the operations of the SLDs. Once the Street Lighting CFD is formed any new development that is annexed will pay for the true costs of street lighting services and not be subsidized by the City's General Fund.

The Industrial CFD generates revenue for maintaining street and roadway services and facilities, storm drain repair and maintenance, police safety calls and service, landscaping and beautifying industrial areas, and creating a capital reserve. Although the Industrial CFD rate per acre is less than the shortfall determined by the FIA, the revenues will help offset the impacts of new industrial development in the City.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item supports the City Council's core values of intentionally embracing and anticipating the future.

ATTACHMENTS:

Attachment 1 – Resolution of Intention for CFD 2022-01
Attachment 2 – Resolution of Future Annexation for CFD 2022-01 Attachment 3 – Resolution of Intention for CFD 2022-02
Attachment 4 – Resolution of Future Annexation for CFD 2022-02

Resolution No. 2022-039 - Page 1 of 6
RESOLUTION NO. 2022-039

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS

INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES)

OF THE CITY OF RANCHO CUCAMONGA AND TO

AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO

FINANCE MAINTENANCE OF STREET LIGHTS
WHEREAS, the City of Rancho Cucamonga (the "City") at this time desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing an alternative method of financing the municipal maintenance services necessary to serve new development within such community facilities district; and
WHEREAS, this community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga ("CFD No. 2022-01"); and
WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities City only if it has first considered and adopted local goals and policies concerning the use of the Act; and
WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Act; and
WHEREAS, this City Council now desires to proceed to adopt its resolution of intention to initiate proceedings for the establishment of CFD No. 2022-01, to set forth the boundaries for CFD No. 2022-01, to indicate the type of services to be financed by CFD No. 2022-01, to indicate the rate and apportionment of special tax sufficient to finance such services and to set a time and place for a public hearing relating to the establishment of CFD No. 2022-01; and
WHEREAS, a map of CFD No. 2022-01 (the "Boundary Map") is on file in the Office of the City Clerk showing the boundaries of the territory proposed for inclusion in CFD No. 2022-01 upon the initial establishment of CFD No. 2022-01 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-

01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:

Attachment 1

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

Section 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California and the other provisions of the Act.

Section 3. Boundaries of CFD No. 2022-01. It is the intention of this City Council to establish CFD No. 2022-01 pursuant to the provisions of the Act, and to determine the boundaries and parcels on which the special tax may be levied to finance the Authorized Services (defined in Section 5 below). A description of the boundaries of the territory proposed for inclusion in CFD No. 2022-01 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-01 is as follows:

All that property as shown on the Boundary Map designated as "Proposed Boundaries of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection.

Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 7 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino.

Section 4. Name of the Community Facilities District. The name of the Community Facilities District proposed to be established shall be known and designated as "Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California." Section 5. Descriptions of Services and Determination of Necessity. It is the intention of this City Council to finance certain street light maintenance which are more particularly described is in Exhibit A (the "Authorized Services") attached hereto and incorporated herein by this reference.

The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD No. 2022-01.

Section 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2022-01, will be levied annually within the boundaries of such CFD No. 2022-01. For further particulars as to the rates and method of apportionment of the proposed Special Tax,

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reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2022-01 to clearly estimate the maximum amount of Special Tax that such person will have to pay for the Authorized Services. The Special Tax may not be prepaid.

The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners.

Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.

Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.

Section 7. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 AT 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, 91730 OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL

DISTANCING GUIDELINES, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED CFD NO. 2022-01, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION.

AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY

INTERESTED PERSONS, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS FOR

OR AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT,

THE EXTENT OF THE COMMUNITY FACILITIES DISTRICT, OR THE FINANCING OF AUTHORIZED SERVICES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING

TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN

WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED

WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.

IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF CFD NO. 2022-01 IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH

MAJORITY PROTEST IS LIMITED TO CERTAIN AUTHORIZED SERVICES, THOSE SERVICES SHALL BE ELIMINATED BY THE CITY COUNCIL.

Section 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish CFD No. 2022-01 and proposes to levy

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the Special Tax within CFD No. 2022-01, the City Council shall then submit the levy of the Special Tax to the qualified electors of CFD No. 2022-01. If at least twelve (12) persons, who need not necessarily be the same 12 persons, have been registered to vote within CFD No. 2022-01 for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of CFD No. 2022-01, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of CFD No. 2022-01 who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within CFD No. 2022-01.

A successful election relating to the Special Tax authorization shall, as applicable, establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to CFD No. 2022-01.

Section 9. Notice of Public Hearing. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing.

Section 10. Report. The City Manager, as the officer of the City who will be responsible for providing the Authorized Services to be provided within and financed by CFD No. 2022-01, if established, shall study or cause CFD No. 2022-01 to be studied, and, at or before the time of the public hearing as described in Section 7, file a report or cause a report to be filed with the City Council containing a brief description of the Authorized Services which will in his opinion be required to adequately meet the needs of CFD No. 2022-01, and his or her estimate of the fair and reasonable cost of providing such services, and the incidental expenses to be incurred in connection therewith. Such report shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof.

Section 11. Advances of Funds or Work In-Kind. At any time either before or after the formation of CFD No. 2022-01, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating CFD No. 2022-01. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so 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. No such agreement shall constitute a debt or liability of the City.

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Section 12. Effective Date. This resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit:

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PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________
L. Dennis Michael, Mayor
ATTEST:
__________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________
Janice C. Reynolds, City Clerk

A-1

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method.

Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 1 B-1
ATTACHMENT 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below.

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees.

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“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C.

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“Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s).
“Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit.

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“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.
“Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages.

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In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel.

Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit.

Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $22.67 per Unit
Multi-Family Residential Property $22.67 per Unit
Non-Residential Property $45.34 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 2
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $75.17 per Unit
Multi-Family Residential Property $75.17 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 3
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $47.15 per Unit
Multi-Family Residential Property $47.15 per Unit
Non-Residential Property $94.30 per Are
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

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Tax Zone No. 4
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $28.96 per Unit
Multi-Family Residential Property $28.96 per Unit
Non-Residential Property $57.92 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 5
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $63.79 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 6
Property Land Use 2022/23 Maximum Special Tax Rate
Non-Residential Property $51.40 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 7
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $58.64 per Unit
Multi-Family Residential Property $58.64 per Unit
Non-Residential Property $117.28 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

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Tax Zone No. 8
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $37.79 per Unit
Multi-Family Residential Property $37.79 per Unit
Non-Residential Property $75.58 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor.

A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act.

Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later

Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 8 B-8
than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes.

In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods.

A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

Resolution No. 2022-040 - Page 1 of 4
RESOLUTION NO. 2022-040

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, DECLARING

INTENTION TO ANNEX TERRITORY IN THE FUTURE TO
COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET

LIGHTING SERVICES) OF THE CITY OF RANCHO

CUCAMONGA
WHEREAS, the City of Rancho Cucamonga (the "City") desires to provide the authorization to annex territory in the future to a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof. The community facilities district has been designated as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga ("CFD No. 2022- 01"); and,
WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-01 and further to specify the amount of special tax that would be levied and set forth the terms and conditions for certification of any annexation in the future; and,
WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-01 (the "Future Annexation Area"), and a map designated as "Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future is on file in the Office of the City Clerk and shall be kept with the transcript of these proceedings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:

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

Section 2. Authorization. These proceedings for future annexations are authorized and initiated by this legislative body pursuant to the authorization of the Act and specifically Section 53339.2 of the Government Code of the State of California.

Section 3. Public Convenience and Necessity. This City Council hereby determines that the public convenience and necessity requires a procedure to allow and authorize territory to be annexed in the future to CFD No. 2022-01 in order to finance the costs and expenses for the authorized services
Section 4. Boundaries of CFD No. 2022-01 and Territory Proposed to be Annexed in the Future. A general description of the territory included in CFD No. 2022-01 is hereinafter described as follows:

Attachment 2

Resolution No. 2022-040 - Page 2 of 4
All that property and territory as previously included within CFD No. 2022-01, as said property was shown on a map designated as "Proposed Boundaries of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California," a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection.

A description of the boundaries and territory proposed to be annexed in the future is as follows:

All that property and territory proposed to be annexed in the future to CFD No. 2022-01, as said property is shown on the map designated as “Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California,” a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection.

Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation.

Section 5. Name of CFD No. 2022-01 and Future Annexation Area. The name of CFD No. 2022-01 is "Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California", and the designation for the Future Annexation Area shall be Future Annexation Area, Community Facilities District No. 2022-01 (Street Lighting Services).

Section 6. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-01, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services").

The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-01 may include some or all of such Authorized Services or may include alternatives to the Authorized Services.

The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-01 and the Future Annexation Area.

The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-01 and the Future Annexation Area.

Section 7. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-01 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area that annexes to CFD No. 2022-01, will be levied annually within the boundaries of the territory within the Future Annexation Area upon the annexation of such territory to CFD No. 2022-

Resolution No. 2022-040 - Page 3 of 4

01. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in proposed Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized Services upon the annexation of such territory to CFD No. 2022-01. The Special Tax may not be prepaid.

Notwithstanding the foregoing, if the actual cost of providing Authorized Services to territory within any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing Community Facilities District, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable.

The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.

Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.

Section 8. Effective Date of Future Annexation. Annexation of territory in the future shall be effective upon the unanimous approval and election of the owner or owners of any such parcel authorizing the levy of the Special Tax upon such parcel following the annexation of such parcel to CFD No. 2022-01, and no further public hearings or additional proceedings will be required to accomplish such annexation.

Section 9. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 at 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL OF BEING 10500 CIVIC

CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC

HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE CFD NO. 2022-01, THE PROPOSED

METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID

PROPOSED FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE

HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING.

Section 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing.

Resolution No. 2022-040 - Page 4 of 4
Section 11. Effective Date. This resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit:

PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________
L. Dennis Michael, Mayor
ATTEST:
__________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________
Janice C. Reynolds, City Clerk

Resolution No. 2022-040 - Page 5 of 4

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method.

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EXHIBIT B

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below.

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees.

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“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C.

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“Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s).
“Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit.

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“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.
“Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

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C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages.

In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel.

Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit.

Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $22.67 per Unit
Multi-Family Residential Property $22.67 per Unit
Non-Residential Property $45.34 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 2
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $75.17 per Unit
Multi-Family Residential Property $75.17 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 3
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $47.15 per Unit
Multi-Family Residential Property $47.15 per Unit
Non-Residential Property $94.30 per Are
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

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Tax Zone No. 4
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $28.96 per Unit
Multi-Family Residential Property $28.96 per Unit
Non-Residential Property $57.92 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 5
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $63.79 per Unit
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 6
Property Land Use 2022/23 Maximum Special Tax Rate
Non-Residential Property $51.40 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

Tax Zone No. 7
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $58.64 per Unit
Multi-Family Residential Property $58.64 per Unit
Non-Residential Property $117.28 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

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Tax Zone No. 8
Property Land Use 2022/23 Maximum Special Tax Rate
Single Family Residential Property $37.79 per Unit
Multi-Family Residential Property $37.79 per Unit
Non-Residential Property $75.58 per Acre
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor.

On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor.

A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act.

Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY

Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 8 B-8
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes.

In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods.

A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

Resolution No. 2022-041 - Page 1 of 5
RESOLUTION NO. 2022-041

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS

INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF

THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE

THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE

INDUSTRIAL SERVICES
WHEREAS, the City of Rancho Cucamonga (the "City") at this time desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing an alternative method of financing the municipal industrial services necessary to serve new development within such community facilities district; and WHEREAS, this community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga ("CFD No. 2022-02"); and
WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities City only if it has first considered and adopted local goals and policies concerning the use of the Act; and
WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Act; and
WHEREAS, this City Council now desires to proceed to adopt its resolution of intention to initiate proceedings for the establishment of CFD No. 2022-02, to set forth the boundaries for CFD No. 2022-02, to indicate the type of services to be financed by CFD No. 2022-02, to indicate the rate and apportionment of special tax sufficient to finance such services and to set a time and place for a public hearing relating to the establishment of CFD No. 2022-02; and WHEREAS, a map of CFD No. 2022-02 (the "Boundary Map") is on file in the Office of the City Clerk showing the boundaries of the territory proposed for inclusion in CFD No. 2022-02 upon the initial establishment of CFD No. 2022-02 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-02.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:

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

Section 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California and the other provisions of the Act.

Section 3. Boundaries of CFD No. 2022-02. It is the intention of this City Council to establish CFD No. 2022-02 pursuant to the provisions of the Act, and to determine the boundaries Attachment 3

Resolution No. 2022-041 - Page 2 of 5
and parcels on which the special tax may be levied to finance the Authorized Services (defined in Section 5 below). A description of the boundaries of the territory proposed for inclusion in CFD No. 2022-02 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-02 is as follows:

All that property as shown on the Boundary Map designated as "Proposed Boundaries of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection.

Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 7 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino.

Section 4. Name of the Community Facilities District. The name of the Community Facilities District proposed to be established shall be known and designated as "Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California."
Section 5. Descriptions of Services and Determination of Necessity. It is the intention of this City Council to finance certain industrial services which are more particularly described is in Exhibit A (the "Authorized Services") attached hereto and incorporated herein by this reference.

The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD No. 2022-02.

Section 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2022-02, will be levied annually within the boundaries of such CFD No. 2022-02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2022-02 to clearly estimate the maximum amount of Special Tax that such person will have to pay for the Authorized Services. The Special Tax may not be prepaid.

The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.

Resolution No. 2022-041 - Page 3 of 5
Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.

Section 7. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 AT 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, 91730 OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC

HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED CFD NO. 2022-02, THE PROPOSED METHOD AND

APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR

PUBLIC HEARING ANY INTERESTED PERSONS, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS

FOR OR AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT, THE

EXTENT OF THE COMMUNITY FACILITIES DISTRICT, OR THE FINANCING OF AUTHORIZED SERVICES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE

REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND

CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE

WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.

IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF CFD NO. 2022-02 IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY

PROTEST IS LIMITED TO CERTAIN AUTHORIZED SERVICES, THOSE SERVICES SHALL BE ELIMINATED BY THE CITY COUNCIL.

Section 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish CFD No. 2022-02 and proposes to levy the Special Tax within CFD No. 2022-02, the City Council shall then submit the levy of the Special Tax to the qualified electors of CFD No. 2022-02. If at least twelve (12) persons, who need not necessarily be the same 12 persons, have been registered to vote within CFD No. 2022-02 for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of CFD No. 2022-02, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of CFD No. 2022-02 who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within CFD No. 2022-02.

A successful election relating to the Special Tax authorization shall, as applicable, establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to CFD No. 2022-02.

Section 9. Notice of Public Hearing. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing.

Resolution No. 2022-041 - Page 4 of 5
Section 10. Report. The City Manager, as the officer of the City who will be responsible for providing the Authorized Services to be provided within and financed by CFD No. 2022-02, if established, shall study or cause CFD No. 2022-02 to be studied, and, at or before the time of the public hearing as described in Section 7, file a report or cause a report to be filed with the City Council containing a brief description of the Authorized Services which will in his opinion be required to adequately meet the needs of CFD No. 2022-02, and his or her estimate of the fair and reasonable cost of providing such services, and the incidental expenses to be incurred in connection therewith. Such report shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof.

Section 11. Advances of Funds or Work In-Kind. At any time either before or after the formation of CFD No. 2022-02, the City Council may accept advances of funds or work-in- kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating CFD No. 2022-02.

The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so 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. No such agreement shall constitute a debt or liability of the City.

Resolution No. 2022-041 - Page 5 of 5
Section 12. Effective Date. This resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit:

PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________
L. Dennis Michael, Mayor
ATTEST:
__________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________
Janice C. Reynolds, City Clerk

A-1

EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method.

Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 1 B-1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT
FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022- 02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below.

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees.

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“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use.

Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 3 B-3
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel.
“Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02.
“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022- 02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels

Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 4 B-4
included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page.

Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Industrial Property $5,852.00 per Acre
Mixed Use Property $12,030.00 per Acre
Accessory Dwelling Units $731.50 per ADU
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.

On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor.

A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations.

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.

Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make

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a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes.

In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods.

A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

Resolution No. 2022-042 - Page 1 of 4
RESOLUTION NO. 2022-042

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, DECLARING

INTENTION TO ANNEX TERRITORY IN THE FUTURE TO
COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL

AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA
WHEREAS, the City of Rancho Cucamonga (the "City") desires to provide the authorization to annex territory in the future to a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof. The community facilities district has been designated as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga ("CFD No. 2022- 02"); and,
WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-02 and further to specify the amount of special tax that would be levied and set forth the terms and conditions for certification of any annexation in the future; and,
WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-02 (the "Future Annexation Area"), and a map designated as "Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future is on file in the Office of the City Clerk and shall be kept with the transcript of these proceedings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows:

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

Section 2. Authorization. These proceedings for future annexations are authorized and initiated by this legislative body pursuant to the authorization of the Act and specifically Section 53339.2 of the Government Code of the State of California.

Section 3. Public Convenience and Necessity. This City Council hereby determines that the public convenience and necessity requires a procedure to allow and authorize territory to be annexed in the future to CFD No. 2022-02 in order to finance the costs and expenses for the authorized services
Section 4. Boundaries of CFD No. 2022-02 and Territory Proposed to be Annexed in the Future. A general description of the territory included in CFD No. 2022-02 is hereinafter described as follows:

All that property and territory as previously included within CFD No. 2022-02, as said property was shown on a map designated as "Proposed Boundaries of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, Attachment 4

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County of San Bernardino, State of California," a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection.

A description of the boundaries and territory proposed to be annexed in the future is as follows:

All that property and territory proposed to be annexed in the future to CFD No. 2022-02, as said property is shown on the map designated as “Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California,” a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection.

Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation.

Section 5. Name of CFD No. 2022-02 and Future Annexation Area. The name of CFD No. 2022-02 is “Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California”, and the designation for the Future Annexation Area shall be Future Annexation Area, Community Facilities District No. 2022-02 (Industrial Area Services).

Section 6. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-02, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services").

The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-02 may include some or all of such Authorized Services or may include alternatives to the Authorized Services.

The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-02 and the Future Annexation Area.

The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-02 and the Future Annexation Area.

Section 7. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-02 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area that annexes to CFD No. 2022-02, will be levied annually within the boundaries of the territory within the Future Annexation Area upon the annexation of such territory to CFD No. 2022-

02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in proposed Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the

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Authorized Services upon the annexation of such territory to CFD No. 2022-02. The Special Tax may not be prepaid.

Notwithstanding the foregoing, if the actual cost of providing Authorized Services to territory within any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing Community Facilities District, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable.

The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City.

Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax.

Section 8. Effective Date of Future Annexation. Annexation of territory in the future shall be effective upon the unanimous approval and election of the owner or owners of any such parcel authorizing the levy of the Special Tax upon such parcel following the annexation of such parcel to CFD No. 2022-02, and no further public hearings or additional proceedings will be required to accomplish such annexation.

Section 9. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 at 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL OF BEING 10500 CIVIC

CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC

HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE CFD NO. 2022-02, THE PROPOSED

METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID

PROPOSED FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE

HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING.

Section 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing.
[Remainder of this page intentionally left blank.]

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Section 11. Effective Date. This resolution shall become effective upon its adoption.

ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit:

PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________
L. Dennis Michael, Mayor
ATTEST:
__________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________
Janice C. Reynolds, City Clerk

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method.

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EXHIBIT B

RATE AND METHOD OF APPORTIONMENT
FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022- 02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below.

All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees.

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“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga.
“City” means the City of Rancho Cucamonga.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use.

Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 3 B-3
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel.
“Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02.
“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022- 02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels

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included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page.

Tax Zone No. 1
Property Land Use 2022/23 Maximum Special Tax Rate
Industrial Property $5,852.00 per Acre
Mixed Use Property $12,030.00 per Acre
Accessory Dwelling Units $731.50 per ADU
Undeveloped Property $200.00 per Parcel
* On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.

On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor.

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A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.

Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make

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a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes.

In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods.

A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

ADDITIONAL MATERIAL ITEM D13 – 4/20/2022 CITY COUNCIL MEETING SLDs vs. CFD 2022-01 (Street Lighting Services)
Below is the table that compares the Street Lighting CFDs to the existing SLD rates. Note, that there are eight tax zones which overlap the eight SLDs, and these are rates for single family residences (or by acres for SLD 6 for commercial/industrial development). The rates which increase are because the calculation removes any General Fund subsidy to true-up the rate. However, all of the zones have an escalator of 2-6% per year based on actual operations.

Property Land Use Rate Property Land Use Rate
Single-family Home $17.77 Single-family Home $22.67
Property Land Use Rate Property Land Use Rate
Single-family Home $39.97 Single-family Home $75.17
Property Land Use Rate Property Land Use Rate
Single-family Home $47.15 Single-family Home $47.15
Property Land Use Rate Property Land Use Rate
Single-family Home $28.96 Single-family Home $28.96
Property Land Use Rate Property Land Use Rate
Single-family Home $34.60 Single-family Home $63.79
Property Land Use Rate Property Land Use Rate
Non-residential $51.40 Non-residential $51.40
Property Land Use Rate Property Land Use Rate
Single-family Home $33.32 Single-family Home $58.64
Property Land Use Rate Property Land Use Rate
Single-family Home $30.60 Single-family Home $37.79
SLD 3 Tax Zone 3
SLD 7 Tax Zone 7
SLD 8 Tax Zone 8
SLDs CFD 2022-01
SLD 4 Tax Zone 4
SLD 5 Tax Zone 5
SLD 6 Tax Zone 6
SLD 1 Tax Zone 1
SLD 2 Tax Zone 2

DATE:April 20, 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 Justine Garcia, Deputy Director of Engineering Services SUBJECT: Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022-037 AND 2022-038) (CITY) RECOMMENDATION:

Staff recommends that the City Council approve resolutions authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project.

BACKGROUND:

Every two years SBCTA releases a Call for Projects for their TDA Article 3 Program which provides that 2 percent of the Local Transportation Funds (LTF) be made available to counties and cities for the construction or improvement of facilities that provide for the exclusive use of pedestrians and bicyclists. Each cycle, the City of Rancho Cucamonga applies for various projects that align with the goals of the grant program and has been awarded funding for various trail and bus stop enhancement projects since at least 2013.

ANALYSIS:

In 2021, staff submitted two applications for consideration, the Cucamonga Creek Channel Maintenance Project and the Haven Avenue Sidewalk Improvement Project. Both projects were selected for funding and will result in a total of up to $311,607 in TDA Article 3 Funds being distributed to the City on a reimbursement basis.

The Cucamonga Creek Channel Maintenance Project will allow the City to improve a 1.14 mile long stretch of the existing Class I bike trail on the west side of the Channel from Foothill Boulevard to Red Hill Country Club Drive and on the east side from the PE Trail to Base Line Road.

The Haven Avenue Sidewalk Improvement Project will provide for the construction of an 8-foot- wide sidewalk along the east side of Haven Avenue along Chaffey College from just north of Banyan Street to Wilson Avenue.

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FISCAL IMPACT:

At this time there is no fiscal impact. It should be noted that there is a 35% match associated with each grant application which will be accounted for and appropriated at the time of construction contract award for each project.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This project meets City Council core values by promoting and enhancing a safe and healthy community for all, and by providing for continuous improvement through the construction of high- quality public improvements.

ATTACHMENTS:

Attachment 1 - Resolution No. 2022-037
Attachment 2 - TDA Article 3 Award Claim Form - Cucamonga Creek Channel Maintenance Project
Attachment 3 - Resolution No. 2022-038
Attachment 4 - TDA Article 3 Award Claim Form - Haven Avenue Sidewalk Improvement Project

Resolution No. 2022-037 - Page 1 of 3
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RESOLUTION NO. 2022-037

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, AUTHORIZING SUBMITTAL OF A CLAIM TO

THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR

THE CUCAMONGA CREEK CHANNEL MAINTENANCE PROJECT
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and
WHEREAS, SBCTA awarded the City of Rancho Cucamonga TDA Article 3 grant funds in the amount of $84,415.00 for development of the Cucamonga Creek Channel Maintenance Project within the City of Rancho Cucamonga jurisdiction through a competitive “Call for Projects”; and
WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Rancho Cucamonga to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council of the City of Rancho Cucamonga; and
WHEREAS, the Cucamonga Creek Channel Maintenance Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and
WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and
Attachment 1

Resolution No. 2022-037 - Page 2 of 3
2 3
2 1
WHEREAS, the City Manager, or their designee, is authorized to certify project completion, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Cucamonga Creek Channel Maintenance Project in the amount of $84,415.00 and that the City Council is authorized to certify project completion.

Resolution No. 2022-037 - Page 3 of 3
2 3
2 1
PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________
L. Dennis Michael, Mayor
ATTEST:
__________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
__________________________________
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon

San Bernardino Associated Governments
Claim Form
Article 3 Grant Program
Project Name: Cucamonga Creek Channel Maintenance Grant Allocation No: L22‐0702‐0745‐00 Claimant: City  of Rancho Cucamonga
Address:

Attention:

Phone No:

E‐mail Address:
84,415.00$
Purpose: Please  check one purpose.

Authorizing Signature:
(Authorized Agent specified in Authorizing Resolution)
Date:

Signature
Type Name & Title
Award Amount
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provision that such monies will be used only in accordance with the approved allocation instruction.

Transit Stop Access Improvements, PUC 99233.3
Justine Garcia, Deputy Director of Engineering Services 909‐774‐2046
[email protected]
Condition of Approval:

Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Art3_RanchoCucamonga_FY21_BikePed_CucaCreekMaint_Claim
Claim Form Page 1
Attachment 2

Resolution No. 2022-038 - Page 1 of 3
RESOLUTION NO. 2022-038

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA AUTHORIZING SUBMITTAL OF A CLAIM TO

THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR

THE HAVEN AVENUE SIDEWALK IMPROVEMENT PROJECT
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and
WHEREAS, SBCTA awarded the City of Rancho Cucamonga TDA Article 3 grant funds in the amount of $227,192.00 for development of the Haven Avenue Sidewalk Improvement Project within the City of Rancho Cucamonga jurisdiction through a competitive “Call for Projects”; and
WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Rancho Cucamonga to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council of the City of Rancho Cucamonga; and
WHEREAS, the Haven Avenue Sidewalk Improvement Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and
WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and
Attachment 3

Resolution No. 2022-038 - Page 2 of 3
WHEREAS, the City Manager, or their designee, is authorized to certify project completion, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Haven Avenue Sidewalk Improvement Project in the amount of $227,192.00 and that the City Council is authorized to certify project completion.

Resolution No. 2022-038 - Page 3 of 3
PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________
L. Dennis Michael, Mayor
ATTEST:
__________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
__________________________________
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon

San Bernardino Associated Governments
Claim Form
Article 3 Grant Program
Project Name: Haven Sidewalk Improvement Grant Allocation No: L22‐0702‐0745‐01 Claimant: City  of Rancho Cucamonga
Address:

Attention:

Phone No:

E‐mail Address:
227,192.00$
Purpose: Please  check one purpose.

Authorizing Signature:
(Authorized Agent specified in Authorizing Resolution)
Date:

Signature
Type Name & Title
Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provision that such monies will be used only in accordance with the approved allocation instruction.

Transit Stop Access Improvements, PUC 99233.3
Justine Garcia, Deputy Director of Engineering Services 909‐774‐2046
[email protected]
Condition of Approval:

Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Award Amount
10500 Civic Center Drive
Rancho Cucamonga, CA 91739
Art3_RanchoCucamonga_FY21_BikePed_HavenSidewalk_Claim
Claim Form Page 1
Attachment 4

DATE:April 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst
SUBJECT:Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021-22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021-22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022-043) (CITY)
RECOMMENDATION:

Staff recommends that the City Council of the City of Rancho Cucamonga adopt a Resolution updating the Executive Management Group (EMG) Salary Schedule for Fiscal Year 2021-22, including a salary adjustment to the Planning and Economic Development Director and Assistant City Manager classifications, and updating the Rancho Cucamonga City Employees Association (RCCEA) Salary Schedule for Fiscal Year 2021-22, including a change in exempt status for the Library Assistant I classification.

BACKGROUND:

The City Council traditionally adopts salary resolutions for classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment.

ANALYSIS:

The Planning and Economic Development Director position is an update to the vacant Planning Director classification that adds critical economic development duties to the responsibilities of this position. This position is responsible for setting and implementing a strategic vision for the Planning and Economic Development Department, policy development, program planning, community engagement, budget management, and operational direction of the Planning and Economic Development Department functions. Staff is recommending a 2% salary adjustment to the position due to the expanded responsibilities and to help with recruitment and retention of the position.

In 2015, the City adopted compaction language in the Executive Management MOU. In reviewing the current Executive Management salary schedule, staff found the vacant Assistant City Manager position’s top step salary had not been adjusted accordingly to a subordinate position.

Staff recommends adjusting the salary in accordance with the current Executive Management MOU.

1 2
3 4
The City has not previously employed a full-time Library Assistant I position. In reviewing the position prior to a current recruitment for a full-time employee, staff determined that based on the scope of the duties in the job description and envisioned by the Library, this position should be classified as a general position and not a supervisory professional position. This makes the position non-exempt under the FLSA, and therefore eligible for overtime pay. The position would then not be eligible for administrative leave or other benefits afforded a supervisory professional position. Staff consulted with RCCEA on this change.

In an effort to assist with recruitment and retention efforts and reflect the additional duties, staff recommends that the City Council approve a 2% increase to the Planning and Economic Development Director salary range. Staff also recommends that the City Council approve an increase to the Assistant City Manager salary schedule of 13% to reflect the compaction language of the current MOU. Staff further recommends changing the Library Assistant I position from a supervisory professional position to a general employee position to reflect its non-exempt status.

Finally, staff recommends adopting the attached EMG and RCCEA salary schedule reflecting these changes.

All other salaries, classifications, job titles, and other terms of employment remain the same.

FISCAL IMPACT:

Adjustments to the salary ranges can be absorbed upon the position being filled at a lower pay step and the change in exempt status should be cost neutral.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core values of intentionally embracing and anticipating the future and attaining equitable prosperity for all.

ATTACHMENTS:

Attachment 1 – Resolution No. 2022-043
Attachment 2 – Executive Management Group Salary Schedule Attachment 3 – Rancho Cucamonga City Employees Association Salary Schedule

Resolution No. 2022-043 - Page 1 of 1
RESOLUTION NO. 2022-043

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE

RANCHO CUCAMONGA EXECUTIVE MANAGEMENT GROUP
SALARY SCHEDULE FOR FISCAL YEAR 2021-22, INCLUDING A

SALARY ADJUSTMENT TO THE PLANNING AND ECONOMIC

DEVELOPMENT DIRECTOR AND ASSISTANT CITY MANAGER

CLASSIFICATIONS, AND THE RANCHO CUCAMONGA CITY

EMPLOYEES ASSOCIATION SALARY SCHEDULE FOR FISCAL
YEAR 2021-22, INCLUDING A CHANGE IN EXEMPT STATUS FOR
THE LIBRARY ASSISTANT I CLASSIFICATION.

WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga recognize that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Executive Management Group and the Rancho Cucamonga City Employees Association (Attachments 2-3) effective April 20, 2022.

PASSED, APROVED AND ADOPTED this 20th day of April 2022.

Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Animal Services Director 1604 $9,478 1644 $11,570 1674 $13,427 Assistant City Manager 1698 $15,415 1738 $18,490 1768 $21,475 Building and Safety Services Director 1609 $9,716 1649 $11,863 1679 $13,777 City Clerk Services Director 1594 $9,016 1632 $10,897 1675 $13,505 City Manager 1756 $20,226 1796 $24,693 1826 $28,678
Community Services Director 1627 $10,629 1667 $12,977 1697 $15,070 Deputy City Manager/Administrative Services 1647 $11,744 1687 $14,338 1717 $16,652 Deputy City Manager/Civic & Cultural Services 1647 $11,744 1687 $14,338 1717 $16,652 Deputy City Manager/ Econ. & Comm. Dev. 1647 $11,744 1687 $14,338 1717 $16,652 Eng Svs Director/City Engineer 1628 $10,682 1668 $13,041 1698 $15,145 Finance Director 1629 $10,736 1669 $13,106 1699 $15,222 Human Resources Director 1621 $10,316 1661 $12,593 1691 $14,627 Innovation and Technology Director 1637 $11,174 1677 $13,640 1697 $15,070 Library Director 1615 $10,012 1655 $12,222 1685 $14,195 Planning and Economic Development Director 1625 $10,524 1665 $12,848 1695 $14,920 Public Works Services Director 1609 $9,716 1649 $11,863 1679 $13,777 Fire Chief* A $15,982 F $20,397
* Included for informational purposes only - This is a Fire District Management Employee Group position not a City position

EXECUTIVE MANAGEMENT GROUP

ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges effective April 20, 2022
Resolution No. 2022-043
ATTACHMENT 2

Resolution No. 2022-043

RCCEA COVERED EMPLOYEES IN THE

SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS

ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective April 20, 2022
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Account Clerk 4375 $3,101 4415 $3,786 4435 $4,183
Account Technician 4423 $3,939 4463 $4,808 4483 $5,314
Accountant# 3465 $4,858 3505 $5,930 3525 $6,551
Accounts Payable Supervisor# 3470 $4,980 3510 $6,079 3530 $6,717 Administrative Assistant 4369 $3,009 4409 $3,673 4429 $4,059 Administrative Technician 4437 $4,225 4477 $5,157 4497 $5,697 Animal Behavior Specialist 4388 $3,308 4428 $4,039 4448 $4,463 Animal Care Attendant 4349 $2,724 4389 $3,325 4409 $3,673 Animal Care Supervisor# 3440 $4,288 3480 $5,233 3500 $5,783 Animal Caretaker 4378 $3,149 4418 $3,842 4438 $4,245
Animal Rescue Specialist 4388 $3,308 4428 $4,039 4448 $4,463 Animal Services Dispatcher 4369 $3,009 4409 $3,673 4429 $4,059 Animal Services Officer I 4421 $3,901 4461 $4,761 4481 $5,261 Animal Services Officer II 4441 $4,309 4481 $5,261 4501 $5,813 Artistic Producer - Mainstreet Theatre
Company
4450 $4,508 4490 $5,502 4510 $6,079
Assistant Engineer# 3488 $5,446 3528 $6,649 3548 $7,348 Assistant Planner# 3468 $4,931 3508 $6,019 3528 $6,649
Associate Engineer# 3518 $6,326 3558 $7,722 3578 $8,533 Associate Planner# 3487 $5,420 3527 $6,618 3547 $7,311
Box Office Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Budget Analyst# 3515 $6,232 3555 $7,607 3575 $8,405
Building Inspection Supervisor#2 3504 $5,899 3544 $7,202 3564 $7,958 Building Inspector I2 4444 $4,373 4484 $5,339 4504 $5,899 Building Inspector II2 4464 $4,832 4504 $5,899 4524 $6,518 Business License Clerk 4378 $3,149 4418 $3,842 4438 $4,245 Business License Inspector 4418 $3,842 4458 $4,690 4478 $5,183 Business License Program Coordinator# 3432 $4,121 3472 $5,028 3492 $5,556 Business License Program Supervisor# 3470 $4,980 3510 $6,079 3530 $6,717 Business License Technician 4408 $3,656 4448 $4,463 4468 $4,931 City Clerk Records Management Analyst# 3470 $4,980 3510 $6,079 3530 $6,717 Community Affairs Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Community Affairs Officer# 3515 $6,232 3555 $7,607 3575 $8,405 Community Affairs Senior Coordinator# 3480 $5,233 3520 $6,390 3540 $7,060 Community Affairs Specialist 4350 $2,736 4390 $3,341 4410 $3,692 Community Affairs Technician 4437 $4,225 4477 $5,157 4497 $5,697 ATTACHMENT 3

Community Development Technician I 4413 $3,746 4453 $4,575 4473 $5,055 Community Development Technician II 4423 $3,939 4463 $4,808 4483 $5,314 Community Improvement Supervisor#2 3504 $5,899 3544 $7,202 3564 $7,958 Community Improvement Officer I 4421 $3,901 4461 $4,761 4481 $5,261 Community Improvement Officer II 4441 $4,309 4481 $5,261 4501 $5,813 Community Programs Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Community Programs Specialist 4437 $4,225 4477 $5,157 4497 $5,697 Community Services Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Community Services Project Coordinator# 3500 $5,783 3540 $7,060 3560 $7,799 Community Services Specialist 4350 $2,736 4390 $3,341 4410 $3,692 Community Services Supervisor# 3480 $5,233 3520 $6,390 3540 $7,060 Community Services Technician 4437 $4,225 4477 $5,157 4497 $5,697 Community Theater Producer 4450 $4,508 4490 $5,502 4510 $6,079 Customer Care Assistant 4349 $2,724 4409 $3,673 4429 $4,059 Customer Service Representative 4378 $3,149 4418 $3,842 4438 $4,245 Deputy City Clerk# 3430 $4,079 3470 $4,980 3490 $5,502
Engineering Aide 4421 $3,901 4461 $4,761 4481 $5,261
Engineering Technician 4441 $4,309 4481 $5,261 4501 $5,813 Environmental Programs Coordinator# 3503 $5,870 3543 $7,167 3563 $7,918 Environmental Programs Inspector2 4464 $4,832 4504 $5,899 4524 $6,518 Event & Rental Services Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Executive Assistant II# 3444 $4,373 3484 $5,339 3504 $5,899 Executive Assistant1 4394 $3,409 4464 $4,832 4484 $5,339 Fleet Supervisor#2 3488 $5,446 3528 $6,649 3548 $7,348
Front of House Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Fund Development Coordinator# 3470 $4,980 3510 $6,079 3530 $6,717 GIS Analyst# 3505 $5,930 3545 $7,239 3565 $7,996
GIS Specialist 4456 $4,645 4496 $5,669 4516 $6,264
GIS Supervisor# 3535 $6,887 3575 $8,405 3595 $9,287
GIS Technician 4436 $4,202 4476 $5,130 4496 $5,669
Human Resources Business Partner# 3433 $4,140 3473 $5,055 3493 $5,586 Human Resources Clerk 4389 $3,325 4429 $4,059 4449 $4,484 Human Resources Technician 4408 $3,656 4448 $4,463 4468 $4,931 Information Technology Analyst I# 3505 $5,930 3545 $7,239 3565 $7,996 Information Technology Analyst II# 3520 $6,390 3560 $7,799 3580 $8,616 Information Technology Specialist I 4456 $4,645 4496 $5,669 4516 $6,264 Resolution No. 2022-043

RCCEA COVERED EMPLOYEES IN THE

SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS

ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective April 20, 2022
Minimum Control Point Maximum
ATTACHMENT 3

Information Technology Specialist II 4471 $5,005 4511 $6,109 4531 $6,750 Information Technology Technician 4411 $3,710 4451 $4,528 4471 $5,005 Lead Park Ranger 4421 $3,901 4461 $4,761 4481 $5,261
Librarian I# 3435 $4,183 3475 $5,106 3495 $5,641
Librarian II# 3457 $4,667 3497 $5,697 3517 $6,296
Library Assistant I 3373 $3,068 3413 $3,746 3433 $4,140 Library Assistant II# 3414 $3,767 3454 $4,598 3474 $5,080 Library Clerk 4356 $2,820 4396 $3,443 4416 $3,803
Library Technician 4393 $3,391 4433 $4,140 4453 $4,575
Maintenance Supervisor#2 3488 $5,446 3528 $6,649 3548 $7,348 Management Aide 4440 $4,288 4480 $5,233 4500 $5,783
Management Analyst I# 3470 $4,980 3510 $6,079 3530 $6,717 Management Analyst II# 3498 $5,726 3538 $6,991 3558 $7,722 Management Analyst III# 3515 $6,232 3555 $7,607 3575 $8,405 Office Services Clerk 4369 $3,009 4409 $3,673 4429 $4,059 Patron & Events Supervisor# 3480 $5,233 3520 $6,390 3540 $7,060 Payroll Supervisor# 3470 $4,980 3510 $6,079 3530 $6,717 Planning Specialist 4443 $4,351 4483 $5,314 4503 $5,870 Planning Technician 4423 $3,939 4463 $4,808 4483 $5,314 Plans Examiner I 4474 $5,080 4514 $6,202 4534 $6,852
Plans Examiner II# 3488 $5,446 3528 $6,649 3548 $7,348
Procurement & Contracts Analyst# 3433 $4,140 3473 $5,055 3493 $5,586 Procurement Clerk 4374 $3,086 4414 $3,767 4434 $4,162
Procurement Technician 4411 $3,710 4451 $4,528 4471 $5,005 Public Services Technician I 4413 $3,746 4453 $4,575 4473 $5,055 Public Services Technician II 4423 $3,939 4463 $4,808 4483 $5,314 Public Services Technician III 4443 $4,351 4483 $5,314 4503 $5,870 Public Works Inspector I2 4444 $4,373 4484 $5,339 4504 $5,899 Public Works Inspector II2 4464 $4,832 4504 $5,899 4524 $6,518 Public Works Safety Coordinator #2 3468 $4,931 3508 $6,019 3528 $6,649 Records Clerk 4358 $2,848 4398 $3,477 4418 $3,842
Records Coordinator 4386 $3,274 4426 $3,999 4446 $4,417 Risk Management Coordinator# 3470 $4,980 3510 $6,079 3530 $6,717 Senior Account Clerk 4395 $3,426 4435 $4,183 4455 $4,620 Senior Account Technician 4446 $4,417 4486 $5,394 4506 $5,960 Senior Accountant# 3498 $5,726 3538 $6,991 3558 $7,722
Resolution No. 2022-043

RCCEA COVERED EMPLOYEES IN THE

SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS

ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective April 20, 2022
Minimum Control Point Maximum
ATTACHMENT 3

Senior Animal Services Officer# 3461 $4,761 3501 $5,813 3521 $6,422 Senior Building Inspector#2 3484 $5,339 3524 $6,518 3544 $7,202 Senior Business License Clerk 4398 $3,477 4438 $4,245 4458 $4,690 Senior Community Improvement Officer# 3461 $4,761 3501 $5,813 3521 $6,422 Senior Electrician # 3485 $5,367 3525 $6,551 3545 $7,239 Senior GIS Analyst # 3520 $6,390 3560 $7,799 3580 $8,616 Senior Information Technology Analyst# 3535 $6,887 3575 $8,405 3595 $9,287 Senior Information Technology Specialist# 4493 $5,586 4533 $6,819 4553 $7,533 Senior Librarian# 3468 $4,931 3508 $6,019 3528 $6,649
Senior Park Planner# 3500 $5,783 3540 $7,060 3560 $7,799 Senior Plans Examiner# 3503 $5,870 3543 $7,167 3563 $7,918 Senior Procurement Technician# 3463 $4,808 3503 $5,870 3523 $6,486 Senior Risk Management Analyst# 3515 $6,232 3555 $7,607 3575 $8,405 Senior Veterinary Technician# 3461 $4,761 3501 $5,813 3521 $6,422 Special Districts Analyst# 3498 $5,726 3538 $6,991 3558 $7,722 Supervising Public Works Inspector#2 3494 $5,612 3534 $6,852 3554 $7,570 Supervising Traffic Systems Specialist#2 3502 $5,841 3542 $7,131 3562 $7,878 Theater Production Coordinator 4460 $4,738 4500 $5,783 4520 $6,390 Theater Production Supervisor# 3480 $5,233 3520 $6,390 3540 $7,060 Theatre Technician III 4423 $3,939 4463 $4,808 4483 $5,314 Utilities Operation Supervisor# 3515 $6,232 3555 $7,607 3575 $8,405 Veterinary Assistant 4407 $3,637 4447 $4,441 4467 $4,905 Veterinary Technician 4437 $4,225 4477 $5,157 4497 $5,697

1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off can be substituted in lieu of $50 at the option of the employee.2. Refer to MOU for provision of boot allowance.# Denotes Supervisory/Professional Class
Resolution No. 2022-043

RCCEA COVERED EMPLOYEES IN THE

SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS

ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Monthly Pay Ranges Effective April 20, 2022
Minimum Control Point Maximum
ATTACHMENT 3

DATE:April 20, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, Deputy City Manager/Interim Planning Director Vincent Acuna, Associate Planner
SUBJECT: PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE

PLANNING COMMISSION'S DECISION TO APPROVE DESIGN
REVIEW DRC2019-00766 - RALPH KARUBIAN, APPLICANT. The
Project is a Site Plan and Architectural Review of a 159,580 Square-Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229-111-60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022- 035 AND RESOLUTION NO. 2022-036) (CITY)
RECOMMENDATION:

Staff recommends the City Council deny the appeal and uphold the Planning Commission decision to approve Design Review DRC2019-00766 by adopting City Council Resolution No. 2022-035 and certify the related EIR by adopting City Council Resolution No. 2022-036.

BACKGROUND:

On February 9, 2022, Design Review DRC2019-00766 for a site plan and architectural review for the construction of a 159,580 square-foot industrial/warehouse building went before the Planning Commission for consideration (Attachment 1). Prior to the meeting, correspondence was received from Lozeau Drury, LLP, raising concerns related to the adequacy of the EIR. The Planning Commission reviewed the correspondence from Lozeau Drury, LLP, and determined that the EIR adequately addressed all potential impacts of the project. The Planning Commission certified the EIR (SCH No. 2021060608) and approved Design Review DRC2019-00766 (Attachment 2). On February 17, 2022, an appeal of the Planning Commission approval was received from Lozeau Drury, LLP, within the 10-day appeal period.

The project includes the construction of an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. Units range in size from 38,490 to 42,368 square feet. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses.

The dock loading/storage area will be located on the north side (rear) of the building away from public view. There are three proposed points of vehicular access located along the south (Jersey Boulevard) and northeast (Milliken Avenue) portions of the project site. The project meets all pertinent development standards in the underlying zoning district including setbacks, parking,

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landscaping, and building height at the time it was deemed complete. The physical building as well as the anticipated warehouse/storage/distribution uses for the project site meets the purpose and intent of the underlying General Plan designation. The project was deemed complete prior to the adoption of the new industrial standards through Ordinance 982. However, while the project is exempt from these requirements, the applicant has made a diligent effort to incorporate requirements of Ord. 982 into the project where feasible.

ANALYSIS:

The appellant’s appeal letter (Attachment 3) asserts that that project’s EIR fails to thoroughly analyze the project’s impacts related to Air Quality and Biological Resources. The applicant has provided response letters from Birdseye Planning Group (Attachment 4) and ELMT Consulting (Attachment 5) to address the comments discussed in the appeal. Responses to the appellant’s comments are summarized below.

A1: EIR Fails to Establish an Accurate Baseline for Sensitive Biological Resources Response:

As discussed in the Habitat Assessment prepared by ELMT Consulting, Inc. (May 21 2020), the project site is in an area that is almost entirely developed. There are a few undeveloped parcels within the general area with no direct connection to undeveloped/native habitats. The project site has been subject to routine human disturbance associated with the surrounding developments for nearly 30 years. As stated in Habitat Assessment, no natural plant communities are present on the project site and only heavily disturbed, human modified areas will be affected by development of the proposed project. The project site has been substantially altered by past development activities in the surrounding area over the last few decades and does not support high quality habitat for foraging or nesting. Regular site maintenance (weed clearance, etc.) and lack of vegetation severally reduces the foraging and nesting opportunities.

The assertion that the project plans to improperly rely on a future pre-construction survey to determine the presence/absence of burrowing owls is inaccurate. ELMT’s opinion is that the project site does not support suitable habitat for burrowing owls and burrowing owls are presumed absent. Regulatory compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code requires a preconstruction clearance survey for nesting birds be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction between February 1 and August 31. Given the disturbed nature of the project site, and the lack of vegetation present on the site, there is a lack of habitat suitable for use as nesting sites.

A2: EIR Fails to Address the Project’s Potential Significant Impact on Loss of Breeding Capacity
Response:

The project site has been substantially altered by past disturbance and development activities in the surrounding area over the last few decades. The site does not support long term breeding habitat for nesting birds. Regular site maintenance (weed clearance, etc.) and remediation activities as well as a lack of vegetation limits the breeding capacity of the project site. Implementation of the proposed project would not significantly impact the loss of breeding capacity for nesting birds, particularly to the degree referenced in the comment letter.

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A3: EIR Inadequately Analyzed the Project’s Impact on Wildlife Movement Response:

The project site has been substantially altered by past development activities in the surrounding area over the last few decades and does not currently contain functioning native habitat for any wildlife that may occur in the area. Regular site maintenance (weed clearance, etc.) and remediation activities has occurred on the project site. Further, the project site is not located in an existing wildlife migration corridor. Because the project site is surrounded by existing development, does not support native habitat and is not located in a migratory corridor, ELMT stands by its assessment that implementation of the project will not result in impacts to wildlife movement.

A4: EIR Fails to Address Impacts on Wildlife from Additional Traffic Generated by the Project
Response:

The comment asserts the impacts of wildlife mortality from traffic generated by the proposed project was not addressed in the EIR. The project site is heavily disturbed and surrounded by heavily trafficked streets and existing industrial buildings. The project area does not support high quality habitat for wildlife species. Further, based on ELMT’s assessment, the site is not expected to provide suitable habitat for the majority of the special-status wildlife known to occur in the area. Thus, the project would not modify habitat used by special-status species.

Therefore, development of the project site would not substantially increase the level of road mortality for wildlife, in particular special status species.

A5: EIR Fails to Adequately Address the Project’s Cumulative Impacts on Wildlife in the Region
Response:

The comment encompasses a much larger perspective on impacts to native wildlife and is not directly applicable to the immediate project site because the site is heavily disturbed and surrounded by existing development. ELMT’s assessment that the project will not result in cumulative impacts to biological resources because of the lack of habitat and resources on and immediately adjacent to the project site remains applicable and adequately addresses concerns related to potentially impacted wildlife
B1: EIR Relies on Unsubstantiated Input Parameters to Estimate Project Emissions; and thus, the Project Will Result in Significant Air Quality Impact Response:

Regarding Failure to Model All Proposed Land Uses:

The air emissions model was prepared to provide a conservative estimation of daily air emissions and annual greenhouse gas emissions associated with operation of the proposed project. The air quality modeling excluded the office use and replaced it with warehouse use.

Excluding the office use in the air quality model is a more conservative approach since the office square footage in the air quality model will actually decrease project emissions from what was originally modelled in the EIR.

The California Air Resources Board (CARB) developed an air emissions modelling tool called CalEEMod, which is the model used for the EIR. To determine whether the point raised by the

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appellant would make a difference in the impact associated with daily and annual emissions, CalEEMod was revised to reduce the warehouse square footage by 8,127 square feet and add 8,127 square feet of office space. The only change in the area and energy emissions was a reduction in reactive organic gas emissions associated with energy use, again decreasing the assumed values in the model used in the EIR. Therefore, modifying CalEEMod as referenced herein would not change the significance finding.

Regarding Incorrect Application of Area-Related Operational Mitigation Measure:

The appellant contends that any changes to model defaults be justified. However as stated in the comment letter, the “User Entered Comments & Non-Default Data” table fails to provide a justification for the above changes.

It is true that no notes were included on the architectural coating screens in CalEEMod 2020.4.0 to justify why low VOC coatings were selected for modeling purposes. However, the reason for doing so is provided on Page 21 of the Air Quality-Greenhouse Gas Technical Report. Similar to implementation of SCAQMD Rule 403 to control dust during construction, SCAQMD Rule 1113 requires the use of low-VOC paint (architectural coatings). It is common methodology to assume 50 g/L for nonflat coatings and 100 g/L for pavement coatings (as done so in the EIR) and this approach is routinely used when evaluating project-related air quality impacts in the South Coast Air Basin. It is important to note that compliance with existing rules and regulations is not considered mitigation for the purpose of CEQA review.

Should the appellant require additional evidence that in fact low VOC coatings would be implemented, the project can be conditioned to apply only coatings meeting these emission requirements.

B2: The EIR Fails to Adequately Evaluate Health Risk Impacts from Diesel Particulate Matter Emissions.

Response:

Regarding Diesel Particulate Matter Health Risk Emissions Inadequately Evaluated:

The appellant states that the EIR concludes that the Project would have a less-than-significant health risk impact without conducting a quantified construction or operational Health Risk Analysis (HRA). The appellant states that because the EIR fails to prepare a quantified construction and operational HRA the project is inconsistent with CEQA’s requirement to correlate the increase in emissions that the project would generate to the adverse impacts on human health caused by those emissions.

The City of Rancho Cucamonga defers to threshold guidance established by the SCAQMD and utilizes the SCAQMD’s CEQA Air Quality Handbook and subsequent guidance provided on the SCAQMD website.

As stated in the EIR, the proposed project will not exceed the daily emission thresholds established by the SCAQMD. While the project is not a sensitive use, the nearest sensitive use is located approximately one-half mile south of the site along Milliken Avenue. The daily traffic volumes on Milliken Avenue are and would remain less than the CARB recommended threshold for significant impact. The project-related truck traffic would not pose a health risk that would justify further evaluation in a construction or operational health risk assessment.

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B3: The EIR Fails to Adequately Evaluate Greenhouse Gas Impacts from the Project. Failure to Adequately Evaluate Greenhouse Gas Impacts
Incorrect and Unsubstantiated Quantitative Analysis of Emissions Failure to Consider Performance-based Standards Under CARB’s 2017 Scoping Plan
Response:

The projected Greenhouse Gas (GHG) emissions for the project is 2,410 metric tons (MT) of Carbon Dioxide Equivalent (CO2e) annually, which is less than 25% of the annual threshold of 10,000 MT of CO2e annually. While the appellant does not identify specific emission sources that were neglected in the modeling, we can assume that they are referring to energy emissions associated with operation of the office space relative to the same area of warehouse space. If CalEEMod was revised to remove 8,127 square feet of warehouse space and replace it with the same amount of office space, the project’s total annual GHG emissions will be 2,420 MT CO2e, 10 MT more than what was originally modelled in the EIR. This is conservative as the heavy truck trip volumes were not reduced to reflect the smaller warehouse square footage. The GHG emissions would remain less than 25% of the annual threshold. The significance of the impact would not change from what was disclosed in the EIR.

The appellant further states that the EIR is insufficient because the project was not compared to the performance-based standards within CARB’s scoping plan and the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy. As stated in the Air Quality and Greenhouse Gas Technical Report, the City of Rancho Cucamonga does not have an adopted threshold of significance for GHG emissions.

Thus, for CEQA purposes, the City has discretion to select an appropriate significance criterion, based on substantial evidence. The SCAQMD's adopted numerical threshold of 10,000 MTCO2e/year for industrial stationary source emissions is used as the significance criterion in the subject EIR and other warehouse projects approved by the City. The consistency analysis is commonly performed by evaluating project consistency with applicable goals, policies and/or action items in the statewide and regional planning documents.

Staff has reviewed the appellant’s comments and the applicant’s responses and determined that the EIR as certified by the Planning Commission on February 9, 2022, adequately addresses all CEQA requirements. Staff recommends that the City Council deny the appeal, certify the EIR (SCH No. 2021060608), and uphold the Planning Commission decision to approve Design Review DRC2019-00766.

FISCAL IMPACT:

The applicant has submitted a Fiscal Impact Analysis prepared by Stanley R. Hoffman and Associates, dated April 5, 2021. The Fiscal Impact Analysis concluded that the City would receive an estimated one-time development impact fee revenue of $1,020,930. Additionally, the project would produce an annual recurring surplus to the General Fund in the amount of $3,492 and $5,224 to the Library Fund from property tax revenues
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The development of the project achieves the City Council’s Core Value of “Intentionally embracing and anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in parkway improvements along Jersey Boulevard and Milliken Avenue, enhancing the visual character and streetscape of these throughfares.

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ATTACHMENTS:

Attachment 1 – February 9, 2022 Planning Commission Staff Report with Exhibits Attachment 2 – Planning Commission Resolutions 22-01 and 22-02.

Attachment 3 – Lozeau Drury, LLP Appeal Letter dated February 17, 2022 Attachment 4 – Biological Resource Responses dated March 7, 2022 Attachment 5 – Air Quality Responses dated March 8, 2022 Attachment 6 – City Council Resolution 2022-035 (Design Review) Attachment 7 – City Council Resolution 2022-036 (EIR)

DATE: February 9, 2022
TO: Chairman and Members of the Planning Commission FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager/Interim Planning Director INITIATED BY: Vincent Acuna, Associate Planner
SUBJECT: LOCATED AT 11298 JERSEY BLVD NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE – 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Industrial Employment (IE) District, APN: 0229- 111-60. Staff has prepared an Environmental Impact Report of environmental impacts for consideration. (Design Review DRC2019-00766).

RECOMMENDATION:

Staff recommends the Planning Commission take the following action:
• Certify the attached Environmental Impact Report of environmental impacts and adopt the project’s Mitigation Monitoring and Reporting Program; and
• Approve Design Review DRC2019-00766 through the adoption of the attached Resolution of Approval with Conditions.

EXECUTIVE SUMMARY:

A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre site.

BACKGROUND:

The project site is a vacant parcel with an area of 7.39 acres (Exhibit A). The rectangular project site has dimensions of about 750 feet east to west and about 450 feet north to south. The street frontage of the site along Jersey Boulevard and Milliken Avenue is about 680 feet and 450 feet respectively. The site is generally level with a gradient from north to south. The elevation of the site is about 1,140 feet and 1,130 feet at the north and south property lines respectively, which results in a change in elevation of about 10 feet. There are no trees on the site and vegetation/ground cover is very limited.

The existing Land Use, General Plan, and Zoning Designations for the project site and adjacent properties are as follows:

Land Use General Plan Zoning
Site Vacant Industrial Employment Industrial Employment (IE) District North Industrial/Warehouse Buildings Neo Industrial Neo Industrial (NI) District South Fire Station and Training Center Industrial Employment Industrial Employment (IE) District East Industrial/Warehouse Building Industrial Employment Industrial Employment (IE) District West Industrial/Warehouse Building Industrial Employment Industrial Employment (IE) District

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PROJECT ANALYSIS:

A. General: The applicant proposes to construct an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. (Exhibit B). Units range in size from 38,490 to 42,368 square feet, with each unit featuring an office and restroom area of roughly 2,000 square feet. All office/restroom areas are located toward the front of the building either along Jersey Boulevard or Milliken Avenue. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses.

The dock loading/storage area will be located on the north side (rear) of the building away from public view. The rear loading/unloading area will be secured by a 6-foot-high wrought iron fence along the interior north and east property line. Retaining walls with a maximum height of 4 feet and 6 inches are proposed on two areas along the site’s interior north property line to make up for the grade difference between the subject property and the existing lot to the north. The combined height of all iron fencing and retaining walls is 8 feet, meeting the 8-foot maximum wall height for industrial areas.

On July 16, 2021, the City Council adopted Ordinance 982 which established new development standards for industrial projects throughout the City in response to a high demand in industrial development. This project is exempt from Ordinance 982 as the project was deemed complete on January 4, 2021, prior to Ordinance 982 becoming effective on August 20, 2021.

The proposed project meets all applicable development standards according to the development code prior to the adoption of Ordinance 982 for the Industrial Employment (IE) District (formerly Minimum Impact/Heavy Industrial), as shown in the table below. The project also complies with the landscaping requirements as prescribed in the Development Code. The distribution of landscaping will be generally along the street frontages, in the parking lot, and along the south and west sides of the project site.

Development Standard Required Proposed Complies?
Building Height Max 70' * 45’ YES 
Floor Area Ratio 0.4 to 0.6 0.5 YES 
Front Setback - Major Arterial
(Milliken Avenue) Min. 45’ 63’ YES 
Front Setback – Collector
(Jersey Boulevard) Min. 25’ 85’ YES 
Rear Setback 0’ 121’ YES 
Landscape Percentage Min. 10% 10.81% YES 
Landscape – Number of Trees Min. 31 111 YES 
*Max 70 feet as long as building is set back 1 foot from front setback for every 1-foot building height exceeds 35 feet.

B. Architecture: The proposed building will be of concrete tilt-up construction painted with a palette of two colors. The building will have form-lined concrete panels at various locations (Exhibit C). As the uses expected within the building are to be logistics oriented, there is limited articulation of the wall planes in order to maximize the efficiency of the interior space. However, this limited articulation does not result in an overwhelming building mass, as vertical columns of sandblasted concrete break up the building façade. Additionally, a generous application of glass panels along the building’s east and south elevations facing public streets resemble the appearance of an office building (Exhibit D). Four standing seam canopies are featured above the four suite entrances along the building’s south elevation, further increasing architectural interest.

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C. Parking and Circulation: There are three proposed points of vehicular access located along the south (Jersey Boulevard) and northeast (Milliken Avenue) portions of the project site. Two driveways leading directly to the rear loading dock will be secured by sliding wrought iron gates. To maintain adequate ingress and egress for emergency vehicles for the public safety facility immediately south of the site, the project is conditioned to only allow right in, right out truck traffic from the westernmost driveway along Jersey Boulevard. Per Table 17.64.050-1 of the Development Code, the parking requirement is based on the proposed mix of office and warehouse floor areas in the building. The project is required to provide 91 vehicle parking spaces based on the proposed 151,453 square feet of warehouse and 8,127 square feet of office area as shown in the following table:

Type of Use Floor Area
(Square Feet)
Parking
Ratio
Number of
Spaces Required
Proposed Building (overall) 159,580
Office 8,127 1/250 33
Warehouse 151,453 varies1 58
Total Required/Total Provided: 91/912
1 - For warehouse uses, the parking calculations are 1 space per 1,000 square feet for the first 20,000 square feet; 1 space per 2,000 square feet for the second 20,000 square feet; and 1 space per 4,000 square feet for additional floor area in excess of the first 40,000 square feet.
2 - The trailer parking requirement is calculated separately from the standard parking requirement and is based on a ratio of one stall per dock door. 12 trailer parking spaces are required, and 12 are provided.

D. Rail Spur: An existing north-south rail spur is located along the west property line of the project site. Per Section 17.36.040.D.7 of the Development Code, the project is required to account for potential rail service. The project proponent is not required to construct rail-related improvements on the property.

However, the project is required to demonstrate how the site could have a functional/practical rail service in the event that any future owner/tenant decides that rail service is required/desired.

The applicant has prepared an Alternate Site Plan (Exhibit E) that shows a proposed rail spur aligned along the west of the site and adjacent to the west side of the building, with the rail spur entering the property at the northwest corner of the site. In the event that rail service is established, a drive aisle running north to south of the project site will need to be modified for one-way traffic. No reduction in the number of parking stalls will occur. Access by passenger vehicles, trucks, and emergency vehicles would continue to comply with the applicable requirements described in the Development Code and Building/Fire Code. The architecture and floor area of the building would not be affected by the addition of the rail spur.

E. Design Review Committee: The project was reviewed by the Design Review Committee (Oaxaca, Williams, and Smith) on February 2, 2021. No major or secondary issues were discussed, as reflected in the Design Review Committee Comments (Exhibit F). The Committee recommended approval of the project as proposed to the Planning Commission.

F. Public Art: This project is required to provide public art as outlined in Chapter 17.124 of the Development Code. Based on the industrial square footage of the project, the total art value required per Section

17.124.020.C. is $159,580. A condition has been included pursuant to the Development Code that requires the public art requirement to be met prior to occupancy.

CEQA DETERMINATION:

Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No.

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2021060608), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning tool for the Planning Commission and City Council to use in determining the appropriate and best land use for the project site.

The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts. A summary of all of the project-related impacts and the recommended mitigation measures is provided in the Final EIR. The following summarizes key points in the environmental review process:

Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project and environment.

Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and circulated on June 28, 2021, to the State Clearinghouse (SCH No. 2021060608), public agencies, Native American tribes, those interested parties who had previously requested notification and all property owners within 660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published in the Inland Valley Daily Bulletin on June 25, 2021 and made publicly available on the City’s website.

The Public Scoping Meeting was held virtually over Zoom on July 13, 2021. A representative from the Southwest Carpenter’s Union was in attendance and discussed the importance of hiring a local workforce for the construction of the project. The public comment period to respond to the NOP closed on August 3, 2021 and a comment letter was received from the Native American Heritage Commission. Written responses to all significant environmental issues raised were prepared and made available in the Draft Environmental Impact Report (DEIR).

AB 52 Compliance: Notification in accordance with AB 52 was sent on January 11, 2021 to tribal communities from a list of six tribes that have requested notification by the city. In response, the San Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation. Rather the SMBMI provided language which they requested be made a part of the project mitigations. Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program (MMRP). One other tribe, the Gabrieleno Band of Mission Indians – Kizh Nation, also responded to the City’s notification and requested for consultation. However, no response from the tribe was received after multiple attempts to set up a consultation. Therefore, mitigation measures previously approved by the Gabrieleno Band of Mission Indians – Kizh Nation were incorporated into the MMRP.

Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared and was distributed to Responsible and Trustee agencies, and individuals who requested to review the DEIR.

The DEIR was distributed for a 45-day public review period on November 12, 2021 with the comment period concluding on December 27, 2021. A Notice of Availability including electronic links to the DEIR and all technical appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners within 660 feet, interested parties requesting such notification and posted on the city’s website on November 9, 2021. Further, and also on November 9, 2021, the DEIR and all technical appendices were provided to the Office of Planning and Research via the online “CEQAnet” portal for distribution to Responsible and Trustee agencies and hard copies of the DEIR and all technical appendices were provided for public review at the following locations:

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Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730; Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739; Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho Cucamonga, CA 91730.

Comments were received from the Cucamonga Valley Water District (CVWD) and Lozeau Drury, LLP.

The CVWD letter received on November 30, 2021, requested that the DEIR reference CVWD’s 2020 Urban Management Plan (UWMP) instead of the 2015 UWMP, provided notification that the applicant may be responsible for relocating a sewer main adjacent to the subject site, and contained a reminder to coordinate with the CVWD’s engineering department to determine pipeline capacity. The Final Environmental Impact Report (FEIR) made all pertinent corrections with regards to the UWMP, clarified that the presence of the main sewer line adjacent to the property has already been addressed in the DEIR, and noted that coordination with CVWD’s Engineering Department is already required per the City’s Standard Conditions of Approval.

The letter received from Lozeau Drury, LLP received on November 19, 2021, stated that the DEIR fails as an informational document and fails to impose feasible mitigation measures to reduce the project’s impacts. The letter failed to provide any substantial evidence to explain or support this comment. Given the lack of substantial evidence supporting their claim, no additional analysis, modification, mitigation or recirculation of the Draft EIR is required.

Technical appendices and supporting documentation can be referenced on the City‘s website under the tab ”CEQA Documents Available for Review“ under the Current Projects & Planning Initiatives which can be accessed here: https://www.cityofrc.us/community-development/planning.

Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing milestones for each mitigation measure.

Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes that upon implementation of the project and all recommended mitigation measures, impacts associated with the project would remain less than significant. No significant and unavoidable impact was identified; thus, it is determined that no Statement of Overriding Consideration is required to be adopted.

CORRESPONDENCE:

This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. To date, no written correspondence, phone calls, or in person inquiries have been received regarding the project notifications.

FISCAL IMPACT:

The applicant has submitted a Fiscal Impact Analysis prepared by Stanley R. Hoffman and Associates, dated April 5, 2021. The Fiscal Impact Analysis concluded that the City would receive an estimated one-time development impact fee revenue of $1,020,930. Additionally, the project would produce an annual recurring surplus to the General Fund in the amount of $3,492 and $5,224 to the Library Fund from property tax revenues.

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COUNCIL GOAL(S) ADDRESSED:

The development of the project achieves the City Council’s Core Value of “Intentionally embracing and anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in parkway improvements along Jersey Boulevard and Milliken Avenue, enhancing the visual character and streetscape of these throughfares.

EXHIBITS:

Exhibit A - Aerial
Exhibit B - Site Plan
Exhibit C - Elevations
Exhibit D - Renderings
Exhibit E - Alternate Site Plan for Rail Service
Exhibit F - Design Review Committee Comments (February 2, 2021) and Action Agenda Exhibit G - Environmental Impact Report
Exhibit H - Mitigation Monitoring Program
Exhibit I - Draft Resolution 22-001 of Adoption for Environmental Impact Report and Mitigation Monitoring and Reporting Program
Exhibit J - Draft Resolution 22-002 of Approval for Design Review DRC2019-00766 Exhibit K - Statement of Agreement DRC2019-00766
Exhibit L - Conditions of Approval DRC2019-00766

PROJECT SITE
N
Exhibit A

JERSEY BLVD.

MILLIKEN AVE.
3 3 3
3 25 243 3
13 14
26 26
23 14
22 OFFICEOFFICE

LOADING
DOCK

LOADING
DOCK

LOADING
DOCK

LOADING
DOCK
11 16 19 19 19
55 2
7 14
29a
20 2020 3 3171718 18
10 10
10 10
10 12
29b
31 31
30 32
44 1515
21 21
1 1
1 9
28 6

OFFICEOFFICE
OFFICE
UNIT "101" UNIT "102" UNIT "104"UNIT "103"

ELEC RM
OFFICE
335
35 35
SITE PLAN KEYED NOTES :
1 2
3 4
5 6
7 8
9 10
12 13
14 15
16 17
18 19
20 21
22 23
11 24
25 26
27 28
29 30
31 32
33 34
35 33
28 28
8 8
3434
26 27 7
3 2
11 11 11
36 36 363636
37 37
38 3838
38 38
38 37
37 30
III. CODE DATA:

IV. SITE :

I. OWNER / DEVELOPER :

V. BUILDINGS AREA :

VI. PARKING :

PROJECT SUMMARY
A-1
NORTH

SITE PLAN
II. PROJECT ADDRESS :

SHEET INDEX
A-1 SITE PLAN AND PROJECT INFORMATION
A-2 FLOOR PLAN
A-3ROOF PLAN

BUILDING ELEVATIONS
L-1 PRELIMINARY LANDSCAPE PLAN
L-2 PRELIMINARY LANDSCAPE NOTES AND CALC
1 OF 4 PRELIMINARY GRADING PLAN
2 OF 4 PRELIMINARY GRADING PLAN
1 OF 1 SITE UTILIZATION MAP
2 OF 2 WQMP SITE PLAN
NOTE:

SITE PLAN
A-1.B ALTERNATE SITE PLAN AND PROJECT INFORMATION
1 OF 1 CUT & FILL EXHIBIT
1 OF 2 WQMP SITE PLAN
A-4
3 OF 4 ALTERNATE PRELIMINARY GRADING PLAN
4 OF 4 ALTERNATE PRELIMINARY GRADING PLAN
A-1.1 FIRE ACCESS PLAN
A-1.2 FENCE SITE PLAN
A-1.3 PHOTOMETRIC SITE PLAN
Exhibit B
 
 

 
 

Exhibit C
 
 

 
 

Exhibit D
 
 

 
 

JERSEY BLVD.

MILLIKEN AVE.

UNIT "101" UNIT "102" UNIT "104"UNIT "103"
33 3
3 25 243 3
13 14
26 26
23 14
22 OFFICEOFFICE
DOCK
16 19 19 19
55 2
14 28
20 2020 3 3171718 18
10 10
10 10
10 12
32 2 44
1515 15
21 21
1 1
15 OFFICEOFFICE
OFFICE
UNIT "101" UNIT "102" UNIT "104"UNIT "103"

ELEC RM
OFFICE
6 7
34 34
34 35
28 28
1 3

LOADING
DOCK

LOADING
DOCK

LOADING
DOCK

LOADING
DOCK
11 31
31 30
33 34
11 11 11
36 363636
26 8
8 SITE PLAN KEYED NOTES :
1 2
3 4
5 6
7 8
9 10
12 13
14 15
16 17
18 19
20 21
22 23
11 24
25 26
27 28
30 31
32 33
34 35
36 737
38 38
38 37
37 29a
29b
29 37
38 III. CODE DATA:

IV. SITE :

I. OWNER / DEVELOPER :

V. BUILDINGS AREA :

VI. PARKING :

PROJECT SUMMARY
A-1.B
NORTH

ALTERNATE SITE PLAN
II. PROJECT ADDRESS :

GATE ELEVATION
NOTE:

Exhibit E
 
 

 
 

DESIGN REVIEW COMMENTS
February 2, 2021
7:00 p.m.

V
incent Acuna, Associate Planner
DE
SIGN REVIEW DRC20 19-00766 – 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial /warehouse building on a vacant 7 .39-acre parcel within the Minimum Impact /Heavy Industrial (MI /HI) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue – APN: 0229-111-60. Staff is preparing an Initial Study/Mitigated Negative Declaration of environmental impacts for consideration.

Site Characteristics and Background: The project site is a vacant parcel with an area of 321,988 square feet (7.39 acres). The rectangular project site has dimensions of about 750 feet east to west and about 450 feet north to south. The street frontage of the site along Jersey Boulevard and Milliken Avenue is about 680 feet and 450 feet, respectively. The site is generally level with a gradient from north to south. The elevation of the site is about 1,140 feet and 1,130 feet at the north and south property lines respectively, which results in a change in elevation of about 10 feet. There are no trees on the site and vegetation/ground cover is very limited.

The
existing Land Use, General Plan, and Zoning Designations for the project site and adjacent properties are as follows:

Land Use General Plan Zoning
Site Vacant Heavy Industrial Minimum Impact/Heavy Industrial (MI/HI) District
North Industrial/Warehouse
Buildings General Industrial General Industrial (GI) District South Fire Station Civic/Regional Minimum Impact/Heavy Industrial (MI/HI) District
East Industrial/Warehouse
Building Heavy Industrial Minimum Impact/Heavy Industrial (MI/HI) District
West Industrial/Warehouse
Building Heavy Industrial Minimum Impact/Heavy Industrial (MI/HI) District
Project Overview: The applicant proposes to construct an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. Units range in size from 38,490 to 42,368 square feet, with each unit featuring an office and restroom area of roughly 2,000 square feet. All office/restroom areas will be located toward the front of the building either along Jersey Boulevard or Milliken Avenue. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses.

The doc
k loading/storage area will be located on the north side of the building away from public view. There will be two points of vehicular access via two driveway s at the southwest and northeast corners of the project site. The building, based on the anticipated warehousing/distribution use, is required to have 91 passenger vehicle parking stalls. The project provides 91 stalls, meeting the parking requirement . As there are nine dock doors, a matching number of trailer parking stalls are provided as required by the Development Code. The distribution of landscaping is generally along the street frontages towards the east and south of Exhibit F

DRC COMMENTS
DESIGN REVIEW DRC2019-00766 – 11298 JERSEY BLVD, LLC
February 2, 2021

the project site, and within the building’s parking area. Landscape coverage is 10. 81%, slightly exceeding the landscape coverage of 10% required by the Development Code.

An existing north -south rail spur is located along t he west property line of the project site. Per Section 17.36.040.D.6 of the Development Code, the project is required to account for potent ial rail service. The project proponent is not required to construct rail-related improvements on the property, however, the project is required to demonstrate how the site could have a functional/practical rail service in the event that any future owner/tenant decides that rail service is required/desired.

The applicant has prepared an Alternate Site Plan (Sheet A1.B) and a Grading Plan (Grading Sheet 3 of 4) that show a proposed rail spur aligned along the west of the site and adjacent to the west side of the building, with the rail spur entering the property at the northwest corner of the site. In the event that rail service is established, a drive aisle running north to south of the project site will need to be removed. However, no reduction in the number of parking stalls will occur .

Access by passenger vehicles, trucks, and emergency vehicles would continue to comply with the applicable requirements described in the Development Code and Building/Fire Code. The architecture and floor area of the building would not be affected by the addition of the rail spur.

The proposed building will be of concrete tilt-up construction painted with a palette of two colors.

The building will have form-lined concrete panels at various locations. As the uses expected within the building are to be logistics oriented, there is limited articulation of the wall planes in order to maximize the efficiency of the interior space. However, this limited articulation does not result in an overwhelming building mass, as vertical column s of sandblasted concrete break up the building façade. Additionally, a generous application of glass panels along the building’s east and south elevations facing public streets give the building appearance of an office building. Four standing seam canopies are featured above the four suite entrances along the building’s south elevation, further increasing architectural interest.

The rear loading/unloading area is secured by a 6-foot high wrought iron fence along the interior north and east property lines of the site and sliding wrought iron gates are being installed at the two driveway entrances . Retaining walls with a maximum height of 4 feet and 6 inches are proposed on two areas along the site’s interior north property line to make up for grade difference.

The combined height of all iron fencing and retaining walls meet the 8-foot maximum wall height for industrial areas.

Staff Comments:

The following comments are intended to provide an outline for Committee discussion.

Major Issues: The following broad design issues will be the focus of Committee discussion regarding the project:

None

Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues:

None

DRC COMMENTS
DESIGN REVIEW DRC2019-00766 – 11298 JERSEY BLVD, LLC
February 2, 2021

Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion:

1. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line- of-sight of the office corner of the building. The specific locations of each DD C and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DD C) and Fire Department Connections (FDC) screened behi nd a 4- foot high block wall. These walls shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in- place concrete with design elements incorporated to match the building.

2. All ground-mounted equipment, including utility boxes, transformers, and back-flow devices, shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. All ground- mounted equipment shall be painted dark green except as directed otherwise by the Fire Department.

3. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls.

4. All wrought iron fences and sliding gates shall be painted black or similarly dark color.

5. Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway.

Staff Recommendation:

Staff recommends that the Committee recommend approval of the proposed project as submitted to the Planning Commission.

Design Review Committee Action:

Staff Planner: Vincent Acuna, Associate Planner

Members Present:

Staff Coordinator: Mike Smith, Principal Planner

lqw-
Design Review Committee Meeting
AGENDA
February 2, 2021

MINUTES
Rancho Cucamonga, CA 91730
7:00 p.m.

A. Call to Order
The meeting of the Design Review Committee was held on February 2, 2021. The meeting was called to order by Mike Smith, Staff Coordinator, at 7:00pm.

Design Review Committee members present: Francisco Oaxaca, Diane Williams, Mike Smith.

Staff Present: Sean McPherson, Senior Planner; and Vincent Acuna, Associate Planner.

B. Public Communications
Mike Smith opened the public communication and, after noting there were no public comments, closed public communications.

C. Consent Calendar
C1. Consideration to adopt Regular Meeting Minutes of January 19, 2021.

Motion by Oaxaca, second by Williams. Motion carried 3-0 to adopt the minutes as presented.

D. Project Review Items
D1. DESIGN REVIEW DRC2019- 00766 - 11298 JERSEY BLVD, LLC - A request to construct a 159, 580 square -foot industrial/ warehouse building on a vacant 7.39-acre parcel within the Minimum Impact/ Heavy Industrial ( MI/ HI) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue - APN: 0229- 111- 60. Staff is preparing an Initial Study/ Mitigated Negative Declaration of environmental impacts for consideration.

Staff presented the project to the Design Review Committee. Commissioners Williams and Oaxaca liked that the building looks like an office building and expressed support for the design.

The Committee voted to advance the project to the full Planning Commission.

The Committee took the following action:
is Recommendapprovalto PC/PD.

D2. DESIGN REVIEW DRC2020- 00177 - KIMLEY- HORN FOR HILLWOOD DEVELOPMENT CO. - A request for site plan and architectural design for the development of two industrial warehouse buildings, parking, and landscape improvements on vacant parcels located east of Etiwanda Avenue on the north of Napa Street; APN: 0229- 291- 54 and - 46. An Environmental Impact Report is being prepared for this project.

Staff provided a powerpoint presentation providing the facts of the project relative to the Design Review Committee' s review. At the end of the presentation, staff noted that there were two items for which staff sought the DRCs input ( employee break area in front setback, and chain - link fence along existing rail spur). In addition, the project applicant also expressed concerns regarding the relocation of an existing Southern California Edison ( SCE) easement and related infrastructure,
First, the project plans illustrated an employee break area shelter structure within the front setback. Staff noted that structures are not permitted within the 25-foot front yard setback.

Discussion ensued on this item, with input from the applicant and applicant' s architect.

Committee members Oaxaca and Williams both suggested that the applicant work with staff to relocate the structure outside of the front setback. The applicant and applicant' s architect indicated that they would relocate the structure outside of the front setback.

Second, staff solicited the opinion of DRC members related to the proposed construction of a chain -link fence along the existing rail spur, behind the front setback, and not visible from the public right- of-way. Both Committee members Oaxaca and Williams indicated that a chain -link fence in this location did not present a concern, provided that the fencing include slats for screening as required by the Development Code.

Commissioner Oaxaca asked about the applicant' s concerns related to the relocation of the SCE easement and related infrastructure. Staff members Smith and McPherson both respond stating that this was not a topic related to the Design Review Committee' s purview, adding that this will be discussed with the full Planning Commission. No, other discussion was held on this item. Lastly, Commissioner Oaxaca asked staff to explain the annexation process relative to this project. Staff member Smith briefly highlighted the annexation process in general terms and concluded remarks by stating that this topic too would be discussed in detail with the full Planning Commission.

The Committee took the following action:

ANRecommendapprovaltoPC/PD.

E. Adjournment
Meeting was adjourned at 8:05pm.

Respectfully submitted,
0 1
abeth Thornhill
Executive Assistant, Planning Department
Approved: DRC meeting February 16, 2021
Design Review Committee Regular Meeting Minutes — February 2, 2021

FINAL

Exhibit G – Environmental Impact Report
D
ue to file size, this attachment can be accessed through the following link:
https://www.dropbox.com/home/CEQA%20Documents%20Available%20for%20Review/Jersey%20an d%20Milliken%20Warehouse?preview=Appendix+G+-+Phase+II+Investigation+(1).pdf Exhibit G

FINAL
Jersey Industrial Complex Project
Environmental Impact Report
Mitigation Monitoring and Reporting Program
SCH No. 2021060608
P
repared for:

C
ity of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Contact: Vincent Acuna
Prepared by:

Birdseye Planning Group, LLC
P.O.Box 1956, Vista, CA 92085
C
ontact: Ryan Birdseye
January 2022
Exhibit H

This page intentionally left blank.

TABLE OF CONTENTS

Jersey Industrial Complex Project Findings of Fact
January 2022 i

TABLE OF CONTENTS
Section Page

SECTION 1. Authority ................................................................................................................. 1 SECTION 2. Monitoring Schedule ............................................................................................. 1 SECTION 3. Support Documentation ........................................................................................ 2 SECTION 4. Format of Mitigation Monitoring Matrix ............................................................... 2

LIST OF TABLES
Table 1-1 Mitigation Monitoring and Reporting Program ................................................. 3

TABLE OF CONTENTS

Jersey Industrial Complex Project Findings of Fact
January 2022 ii
This page intentionally left blank.

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 1

MITIGATION MONITORING AND REPORTING PROGRAM

SECTION 1. Authority
This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to §21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Jersey Industrial Complex Project (Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City).

The EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project.

The City is the Lead Agency for the Proj ect and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program.

In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program.

SECTION 2. Monitoring Schedule
Prior to construction, while detailed design plans are being prepared by City staff or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once cons truction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures.

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 2
SECTION 3. Support Documentation
Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request.

SECTION 4. Format of Mitigation Monitoring Matrix
The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies.

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 3
TABLE 1-1

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Responsible for
Monitoring
Timing of
Verification
Method of
Verification
Verified
Date/initials

AIR QUALITY
AQ-1: Condition project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days.

City of Rancho
Cucamonga
Prior to issuance of
building permits
Plan check

BIOLOGICAL RESOURCES
BIO-1: Pursuant to the Migratory Bird Treaty Act (MBTA) and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction.

If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet. A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity.

If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach.

City of Rancho
Cucamonga
Prior to grading
permit and/or
construction permit
issuance; during
grading, excavation
and construction
activities, upon
completion of
monitoring
activities, and prior
to final engineering
inspection.

On-site inspection,
separate submittal

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 4
TABLE 1-1

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Responsible for
Monitoring
Timing of
Verification
Method of
Verification
Verified
Date/initials
Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring.

If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report’s protocols, no ground- disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW.

Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur.

Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur.

If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and post-construction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies.

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 5
TABLE 1-1

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Responsible for
Monitoring
Timing of
Verification
Method of
Verification
Verified
Date/initials

CULTURAL RESOURCES
CUL-1: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the SMBMI Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

City of Rancho
Cucamonga
Prior to issuance of
grading
permit/during
grading and
construction
Plan check,
separate submittal

CUL-2: If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly.

City of Rancho
Cucamonga
During grading and
construction
On-site inspection,
separate submittal

CUL-3: If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

City of Rancho
Cucamonga
Prior to issuance of
grading
permit/during
grading and
construction
Plan check,
separate submittal

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 6
TABLE 1-1

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Responsible for
Monitoring
Timing of
Verification
Method of
Verification
Verified
Date/initials

TRIBAL CULTURAL RESOURCES
TCR-1: The SMBMI Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site.

City of Rancho
Cucamonga
Prior to issuance of
grading
permit/during
grading and
construction
Plan check,
separate submittal

TCR-2: Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the Project.

City of Rancho
Cucamonga
During grading and
construction
Separate submittal
TCR-3: The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleño Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC’s Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleño Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified.

The on-site monitoring shall end when the Project site grading and City of Rancho
Cucamonga
Prior to issuance of
grading
permit/during
grading and
construction
On-site inspection,
other agency
permit/approval

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 7
TABLE 1-1

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Responsible for
Monitoring
Timing of
Verification
Method of
Verification
Verified
Date/initials
excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources.

TCR-4: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleño Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes.

Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource”, time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources.

City of Rancho
Cucamonga
During grading and
construction
On-site inspection,
other agency
permit/approval

TCR-5: Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes.

City of Rancho
Cucamonga
During grading and
construction
Onsite inspection,
other agency
permit/approval

MMRP

Jersey Industrial Complex Project Final EIR
January 2022 8
TABLE 1-1

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Responsible for
Monitoring
Timing of
Verification
Method of
Verification
Verified
Date/initials
TCR-6: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed.

City of Rancho
Cucamonga
During grading and
construction
On-site inspection,
other agency
permit/approval

RESOLUTION NO. 22-001

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CERTIFY ING THE
ENVIRONMENTAL IMPACT REPORT (SCH No. 2021060608) PREPARED FOR THE 11298 JERSEY BLVD, LLC PROJECT WHICH PROPOSES TO CONSTRUCT A 159,580 SQUARE -FOOT INDUSTRIAL/WAREHOUSE
BUILDING ON A VACANT 7.39-ACRE PARCEL WITHIN THE INDUSTRIAL

EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE - APN: 0229-111-60,

MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT, AND ADOPT ING A MITIGATION MONITORING AND

REPORTING PROGRAM
A. Recitals.

1. 11298 Jer
sey Blvd, LLC filed a development application for Design Review (DRC2019- 00766) for a development project as described in the title of this Resolution (the “Project”).

2. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources and determined that an EIR must be prepared for the Project in order to analyze the Project’s potential impacts on the environment.

3. Pursuant to CEQA Guidelines, Section 15082, on June 28, 2021, the City published a Notice of Preparation (NOP) of a Draft EIR for the Project, and circulated the NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and trustee agencies, governmental agencies, organizations, and persons who may be interested in the application for a 30-day public review period.

4. The City received comments from the Native American Heritage Commission in response to the NOP.

5. After providing notice to the required tribes under AB 52, the City received comments from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians - Kizh Nation in accordance with the City’s obligations under AB 52.

6. The City released the Draft EIR for a 45-day public review period beginning November 12, 2021 and ending on December 27, 2021. During the public review period the City received a total of 2 comment letters on the Draft EIR that required a response, and the City has prepared response to each comment.

7. The EIR concludes that with the inclusion of mitigation measures, the Project will not have a significant impact on any environmental resources.

8. The City prepared a Final EIR in accordance with CEQA, which contains the City’s responses to comments, a Mitigation Monitoring and Reporting Program (MMRP) for the Project, the Draft EIR as modified by the Final EIR, and all appendices.

Exhibit I

PLANNING COMMISSION RESOLUTION NO. 2022-001
11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022

9. On February 9, 2022, the Planning Commission conducted a duly noticed public hearing to consider the Project and concluded the hearing on that date.

10. All legal prerequisites prior to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the Ci
ty of Rancho Cucamonga as follows:

1. Recitals . The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

2. Findings . Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the Planning Commission during the above-referenced public hearing on February 9, 2022, including written and oral staff reports and public testimony, the Planning Commission hereby specifically finds as follows:
a. Agencies and interested members of the public have been afforded due notice and an opportunity to comment on the EIR and the Project. b. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding:
i. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR;
ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

These required findings are set forth in the attached Exhibit A and incorporated herein by this reference.
c. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section 4 of Exhibit A, attached hereto and incorporated herein by reference.
d. Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section 5 of Exhibit A attached hereto and incorporated herein by reference.

PLANNING COMMISSION RESOLUTION NO. 2022-001
11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022

e. No environmental impacts were identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures, and a statement further confirming this conclusion is provided in Section 6 of Exhibit A, attached hereto and incorporated herein by reference.
f. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. g. Prior to taking action on the Final EIR and approving the Project, the Planning Commission specifically finds and certifies that: (1) the Final EIR was presented to the Planning Commission; (2) the Planning Commission reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA; and (4) the Final EIR reflects the Planning Commission’s independent judgment and analysis.
h. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA.

3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the Planning Commission hereby certifies the Final EIR, adopts findings pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by reference.

4. Location of Record . The documents and other materials , including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director , 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such documents are incorporated herein by reference.

5. Certification. The Secretary to this Commission shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022.

PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA

BY:

Bryan Dopp, Chairman

PLANNING COMMISSION RESOLUTION NO. 2022-001
11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022

ATTEST:

Matthew R. Burris, AICP, LEED, AP, Secretary
I, Matthew R. Burris, AICP, LEED, AP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of February 2022, by the following vote-to-wit:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

CANDIDATE FINDINGS OF FACT
for
Jersey Industrial Complex Project
SCH No. 2021060608
Prepared for:

City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
C
ontact: Vincent Acuna
Prepared by:

Birdseye Planning Group, LLC
P.O. Box 1956, Vista, CA 92085
Contact: Ryan Birdseye
January 2022

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TABLE OF CONTENTS

TABLE OF CONTENTS
Section Page
Jersey Industrial Complex Project Findings of Fact
January 2022 i
SECTION 1. INTRODUCTION .........................................................................................................1

1.1. Purpose .................................................................................................................. 1

1.2. Records of Proceedings ......................................................................................... 3

1.3. Custodian and Location of Records ....................................................................... 4

1.4. CEQA Findings of Independent Judgment, Review and Analysis ........................... 4 SECTION 2. GENERAL CEQA FINDINGS ..........................................................................................4 SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACT5

3.1. Aesthetics ............................................................................................................... 6

3.2. Agriculture and Forestry Resources ....................................................................... 6

3.3. Biological Resources .............................................................................................. 7

3.4. Cultural Resources ................................................................................................. 9

3.5. Energy .................................................................................................................... 9

3.6. Geology and Soils ................................................................................................... 9

3.7. Hazards and Hazardous Materials ....................................................................... 10

3.8. Hydrology and Water Quality .............................................................................. 12

3.9. Land Use and Planning ......................................................................................... 12

3.10. Mineral Resources ............................................................................................... 13

3.11. Noise .................................................................................................................... 14

3.12. Population and Housing ....................................................................................... 14

3.13. Public Services ..................................................................................................... 14

3.14. Recreation ............................................................................................................ 15

3.15. Transportation/Traffic ......................................................................................... 15

3.16. Utilities and Service Systems ............................................................................... 16

3.17. Wildfire ................................................................................................................ 16 SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) ............................................................... 17

4.1. Aesthetics ............................................................................................................. 17

4.2. Air Quality ............................................................................................................ 18

4.3. Energy .................................................................................................................. 19

TABLE OF CONTENTS

Jersey Industrial Complex Project Findings of Fact
January 2022 ii

4.4. Geology and Soils ................................................................................................. 19

4.5. Greenhouse Gas Emissions .................................................................................. 21

4.6. Hazards and Hazardous Materials ....................................................................... 21

4.7. Hydrology and Water Quality .............................................................................. 22

4.8. Noise .................................................................................................................... 23

4.9. Public Services ..................................................................................................... 24

4.10. Transportation/Traffic ......................................................................................... 24

4.11. Utilities and Service Systems ............................................................................... 25

4.12. Wildfire ................................................................................................................ 26 SECTION 5. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED ..................................................... 27

5.1. Air Quality ............................................................................................................ 27

5.2. Biological Resources ............................................................................................ 29

5.3. Cultural Resources ............................................................................................... 31

5.4. Tribal Cultural Resources ..................................................................................... 33 SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT .......................... 36

6.1. Alternatives Considered and Rejected ................................................................ 36

6.2. Alternative Sites ................................................................................................... 37

6.3. Alternatives Selected for Further Analysis .......................................................... 37 SECTION 7. GENERAL CEQA FINDINGS ........................................................................................ 42 SECTION 8. FINDINGS REGARDING CIRCULATION ........................................................................ 44 SECTION 9. LEGAL EFFECTS OF FINDINGS .................................................................................... 45

FINDINGS OF FACT

Jersey Industrial Complex Project Findings of Fact
January 2022 1
SECTION 1. INTRODUCTION
This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed Jersey Industrial Complex Project (Project), as described in the Final Environmental Impact Report (FEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] § 21000 et seq.), specifically PRC §§ 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§ 15091 and 15093. The Draft EIR (DEIR) examined the full range of potential effects of construction and operation of the Project and identified standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects.

In accordance with, and in furtherance of the mandates contained in California Public Resources Code Section 21002 and related case law, the Project design reflects the identification and implementation of feasible mitigation measures to lessen identified environmental impacts, and the FEIR presented information on the environmental effects of the Project, including effects that are mitigated to below a level of significance.

1.1. Purpose
PRC § 21081, and CEQA Guidelines § 15091 require that the lead agency, in this case the City of Rancho Cucamonga (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC § 21081(a) affirmatively requires a lead agency make one or more of three possible fi ndings in reference to each significant impact. In addition, PRC § 21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts.

CEQA Guidelines § 15091 states, in part, that:
a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.

The possible findings are:

1. Changes or alterations have been required in, or incorpor ated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

FINDINGS OF FACT

Jersey Industrial Complex Project Findings of Fact
January 2022 2

3. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

In accordance with PRC § 21081, and CEQA Guidelines § 15093 (Statement of Overriding Conditions [SOC]), whenever significant effects cannot be mitigated to below a level of significance, the decision‐making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the CEQA Guidelines.

Section 15093 of the CEQA Guidelines provides:
a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable."
b) When the lead agency approves a project which w ill result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

The FEIR identified potentially significant effects that could result from the project. The City finds that the inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those effects to less-than‐significant levels.

As required by CEQA, the City, in adopting these Findings, also adopts a Mi tigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is incorporated by reference and made a part of these Findings, meets the requirements of PRC § 21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project.

In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project. Pursuant to PRC § 21082.1(c)(3), the City also finds that these Findings reflect the City’s

FINDINGS OF FACT

Jersey Industrial Complex Project Findings of Fact
January 2022 3
independent judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent Judgment, Review and Analysis).

1.2. Records of Proceedings
For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC § 21167.6(e), along with other Project-relevant information contained within the City’s files. Specifically, the record of proceedings for the City’s decision on the Project includes the following documents, all of which are incorporated by reference and are relied on in supporting these Findings:
• The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the Project.
• All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the NOP.
• The DEIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference.
• All written comments s ubmitted by agencies, organizations, or members of the public during the public review comment period on the DEIR and the City’s responses to those comments, including related referenced technical materials and DEIR errata. • The FEIR for the Project.
• The MMRP for the Project.
• All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City or consultants to the City with respect to the City’s compliance with the requirements of CEQA and with res pect to the City’s action on the Project.
• All documents submitted to the City by other public agencies or members of the public in connection with the DEIR.
• Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project. • Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings.
• All resolutions adopted by the City regarding the Project, and all staff rep orts, analyses, and summaries related to the adoption of those resolutions. • Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations.
• Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC § 21167.6(e).