Agenda packet — Rancho Cucamonga City Council, June 1, 2022 (part 2 of 3)

Cooperative Agreement No. 20-1002316-01

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ATTACHMENT A

PROJECT FUNDING TABLE
Table 1. Phase II Costs for Rancho Cucamonga Metrolink Station Fund Amount
City of Rancho Cucamonga
ATP Local Contribution for Design and Construction $488,210.50 Project Management Cost
(and other City incurred cost)
$0
Total City Contribution $488,210.50
ATP / Phase II Project Funding and TDA funding allocated to Rancho Cucamonga
$1,512,297.50
Total Cost $2,000,508.00

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DATE:June 1, 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 Fred Lyn, Deputy Director of Engineering Services-Utilities Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street - Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the plans and specifications for the Etiwanda Avenue and Sixth Street – Electric and Fiber Line Extension Project (Project);

2. Award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO19-085), the lowest responsive bidder for the Project, in the amount of $4,352,485;

3. Authorize the expenditure of a 15% contingency in the amount of $652,915; and

4. Authorize an appropriation in the amount of $4,694,400 to Account 17053035650/1999705-0 (Etiwanda from Arrow-Whittram Ex) from Municipal Utility Fund (Fund 705).

BACKGROUND:

The original scope of the Electric and Fiber line extension Project on Etiwanda Avenue South of Arrow Route was originally planned to extend approximately 1,600 linear feet from the Municipal Utility’s (RCMU’s) nearest interconnection where it would connect to the starting point of the new utility infrastructure that was to be built in the new Etiwanda Grade Separation Project (EGSP).

This extension was needed in order to provide RCMU electric and municipal broadband service to the newly developed or redeveloped industrial parcels on or adjacent to Etiwanda Avenue in the Southeastern portion of the City. However, due to the delay in the construction of the EGSP and the expedited completion of the entitlement process of several industrial development parcels, RCMU needed to extend its electric and fiber optic distribution line to provide the necessary electric and broadband service to these parcels in a timely manner.

Therefore, the scope of this project has changed drastically from the original scope approved by the City Council in June 2021. The scope of this line extension will now extend to over 9,000 linear feet of trench and conduit backbone installation, as well as a jack and bore casing to be placed under the existing Southern California Regional Rail Authority (SCRRA) and Burlington Northern

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and Santa Fe (BNSF) railroad crossing that includes numerous existing underground utilities in Etiwanda Avenue which is a highly traveled street with a high volume of large truck traffic.

Additional scope of the line extension project will also include the installation of 17 underground vaults and substructure enclosures, as well as over 13,000 feet of electric cable.

ANALYSIS:

A request for proposal was prepared and sent out to RCMU’s three (3) pre-qualified vendors on April 7, 2022. On May 9, 2022, two (2) bids were received for the Project. Staff reviewed the bids and found Pacific Utility Installation, Inc. as the lowest responsive bidder. Staff finds the bid to be reasonable and meets the requirements of the bid documents. A copy of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk’s Office.

FISCAL IMPACT:

A total of $311,000 had been budgeted in Fiscal Year 2021/22 from the Municipal Utility Fund (Fund 705). An appropriation in the amount of $4,694,400 from the Municipal Utility Fund Balance (Fund 705) to Account No. 1705303-5650/1999705-0 (Capital Projects-Etiwanda from Arrow to Whittram Ex) is needed to fully fund the project.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community.

ATTACHMENTS:

None.

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DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director Neil Plummer, Facilities Superintendent
SUBJECT: Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17-141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 6 to contract CO 17-141 with Commercial Cleaning Systems; extending the term of the contract to June 30, 2023, in an amount not to exceed $1,150,000 ($1,087,000 for routine maintenance and $63,000 for extra work) for FY 2022/2023 and authorize the City Manager to renew the contract annually.

BACKGROUND:

On June 21, 2017, City Council accepted the bids received and awarded contract CO 17-141 for “Citywide Janitorial Services” to Commercial Cleaning Systems (CCS). This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2024. With the fourth year of the contract coming to an end, staff is bringing forward the contract as an option for the City Council to renew the contract with CCS for janitorial services. If approved, Amendment 6 to contract CO 17-141 will extend the term of the contract to June 30, 2023, with a 3.5% rate increase and no changes to the scope of work or other terms and conditions.

ANALYSIS:

Commercial Cleaning Systems has submitted a Letter of Intent expressing their desire to continue providing janitorial services to the City of Rancho Cucamonga during FY 2022/2023 with a 3.5% rate increase. This requested increase is 6.5% below the change in the March Riverside-San Bernardino-Ontario Regin Consumer Price Index (COP-U). A copy of this agreement is available in the City Clerk’s Office.

CCS continues to provide great service to the City. Staff recommends the City Council approve the renewal of contract CO 17-141 effective July 1, 2022, and approve the spending limit of $1,150,000 for FY 2022/2023.

FISCAL IMPACT:

The contract price is within the contract services budget line items in the adopted budget for FY 2022/2023.

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COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all by ensuring City facilities are properly maintained.

ATTACHMENTS:

None

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DATE:June 1, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director Mike McCliman, Fire Chief
Neil Plummer, Facilities Superintendent
SUBJECT: Consideration of Amendment No. 8 to Contract CO 16-114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE)
RECOMMENDATION:

Staff recommends the City Council and Board of Directors approve Amendment No. 8 to contract CO 16-114 with EMCOR Services/Mesa Energy Systems extending the term of the contract to June 30, 2023, in an amount not to exceed $580,066, $502,296 for routine maintenance and extra work in City facilities and $77,770 for routine maintenance and extra work in Fire District facilities, contingent upon the approval of the FY 2022/23 budget.

BACKGROUND:

On April 20, 2016, the City Council accepted the bids received for citywide HVAC (heating, ventilation, air conditioning) maintenance and repairs and awarded contract CO 16-114 to EMCOR Services/Mesa Energy Systems. The initial term of the contract was one year, with the option to renew in additional one-year increments, for a maximum of six years through June 30, 2022. EMCOR provides HVAC service to all City and Fire District buildings, including all chillers, boilers, pumps, package units and cooling towers.

Staff is currently revising the specifications for HVAC maintenance services. The specifications are expected to be completed in the second quarter of FY 2022/23. Once the specifications are completed, the services will be formally bid. The goal is to have the bid process completed and a new contract awarded before the end of the fiscal year.

In order to provide continuity of services while the specifications are finalized and the bid process is conducted, it is necessary to extend the term of the current contract. If approved, Amendment 8 to contract CO 16-114 will extend the term of the contract to June 30, 2023 with a 3% rate increase and no change to the scope of work or other terms and conditions.

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ANALYSIS:

EMCOR/Mesa has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during 2022/23 with a 3% increase to current rates.

The requested increase is 7% below the change in the March Riverside-San Bernardino-Ontario Region Consumer Price Index (CPI-U).

EMCOR/Mesa Energy Systems provides great service for the City and Fire District and is very knowledgeable of all HVAC systems installed in City and District facilities. Staff recommends the City Council and Board of Directors approve the renewal of contract CO 16-114 effective July 1, 2022 and approve the spending limit of $502,296 for City facilities and $77,770 for Fire District facilities for FY 2022/2023.

FISCAL IMPACT:

The contract price is within the contract services budget line items in the proposed budget for FY 2022/2023.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all by ensuring City and Fire District facilities are properly maintained.

ATTACHMENTS:

None.

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DATE:June 1, 2022
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Noah Daniels, Finance Director
Darci Vogel, Fire Business Manager
SUBJECT: Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 85-1, Annexation No. 22-1, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 85-1 (APN: 1100-191-04). (RESOLUTION NO. FD 2022-013) (FIRE)
RECOMMENDATION:

Staff recommends that the Fire Board approve a resolution declaring results of a special election in Community Facilities District No. 85-1, Annexation No. 22-1, and ordering the annexation of property located at 7878 East Avenue (the “Annexation Territory”) to Community Facilities District No. 85-1.

BACKGROUND:

SC Westbury Limited Partnership, owner of certain property (APN 1100-191-04) located within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts.

On April 6, 2022, the Board declared its intention to annex APN 1100-191-04 into CFD No. 85-

1. On May 18, 2022, a public hearing was held regarding the annexation and following such hearing, the Board of Directors adopted a resolution calling for a special election to submit the qualified electors of the Annexation Territory a ballot measure pertaining to the authorization to levy a special tax within the Annexation Territory. A special election was scheduled May 18, 2022.

ANALYSIS:

On May 18, 2022, the landowner submitted their ballot to the Board Secretary. The Board Secretary has canvassed the ballot and completed the statement of votes cast (see Exhibit "A" of Resolution). The Landowner cast their vote unanimously in favor of the levy of the special tax in the Annexation Territory. Adoption of this resolution constitutes the formal action of the Board declaring the results of the election and the annexation of the Annexation Territory to Community Facilities District No. 85-1 and directs the recordation of an amendment to the existing Notice of Special Tax Lien. By recordation of this amendment, prospective purchasers of property within the Annexation Territory will have notice of the special tax obligation affecting such property.

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FISCAL IMPACT:

The special tax revenues that are collected of the CFD No. 85-1 are used to pay for public facilities and services in the District area. Costs related to the administering of the District are the responsibility of the property owners within the District. Annexation of the property located at 7878 East Avenue will ensure the property owner covers the cost of increased demand for fire services resulting from new development within the Territory.

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. Annexation of the property into CFD 85-1 ensures the delivery of vital fire and life safety services to all residents while satisfying fire protection service mitigation impacts.

ATTACHMENTS:

Attachment 1 – Resolution No. FD 2022-013, Election Results Attachment 2 – Annexation No. 22-1 Recorded Map

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Resolution No. FD 2022-XXX Page 1 of 2
ATTACHMENT 1
RESOLUTION NO. FD 2022-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 8 5-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 8 5-1, ANNEXATION NO. 22-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 8 5-1

WHEREAS, the Board of Directors (the "Board of Directors ") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing 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, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 85-1 (the “District”); and,

WHEREAS, the area proposed to be annexed is known and designated as Community Facilities District No. 85-1, Annexation No. 22-1 ("Annexation Territory”), and,

WHEREAS, the Board of Directors called for and order ed an election to be held to submit to the qualified voters of the Annex ation Territory a proposition to levy a special tax in the Annex ation Territory; and,

WHEREAS, at this time sai d election has been held and the measure voted upon did receive the favorable two-thirds (2/3) vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annex ation Territory to the District.

NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows:

1. The above recitals are all true and correct.

2. The Board of Directors hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes cas t in the election, the measure voted upon, and the number of votes gi ven for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated.

3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST.

4. The Board of Directors hereby orders the annexation of the Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annex ation Territory.

5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorde r.

PASSED, APPROVED AND ADOPTED this ____ day of _______________, 2022.

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Resolution No. FD 2022-xxx - Page 2 of 2
ATTACHMENT 1
EXHIBIT “A”

CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST

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ATTACHMENT 2

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DATE:June 1, 2022
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Augie Barreda, Deputy Fire Chief
Michelle Cowles, Management Analyst II
SUBJECT: Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 2022-23. (RESOLUTION NO. FD 2022-012) (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board adopt a Resolution approving the annual renewal of Local Responsibility Area (LRA) Wildland Protection Agreement No. 3CA05878 with the California Department of Forestry and Fire Protection (Cal FIRE) for $181,970.

BACKGROUND:

On October 1, 2015, Rancho Cucamonga Fire Protection District (District) contracted with Cal FIRE to provide supplemental wildland fire protection of 1,206.60 acres of wildland within the District. The Fire Board approves the renewal of the Cal FIRE agreement annually.

Additionally, the City of Rancho Cucamonga annexed 4,104 acres of State Responsibility Area (SRA), known as the Etiwanda Heights Plan, into the City limits. The approval of the annexation required additional supplemental wildland fire protection from Cal Fire. The total acreage of the wildland contract for FY 2022-23 would be 5,271 acres.

The wildland/urban interface area of Rancho Cucamonga is prone to wildfire. As witnessed in the October 2003 Grand Prix Fire and the April 2014 Etiwanda Fire, the magnitude of these wildfires, in terms of suppression efforts and response, far exceeds the capabilities of the District’s on-duty fire crews. Local city fire departments and districts routinely rely on mutual aid to assist each other in large-scale incidents. Mutual aid is a like-for-like provision of resources without cost to the receiving agency. The suppression of massive wildfires is enhanced by utilizing water and retardant dropping aircraft, hand crews, dozers, and various overhead management positions.

These specialized resources are critical for the initial suppression of a wildland fire. The District does not have these dedicated resources or enough overhead to fill all the needed positions on a complex local mutual threat zone wildfire. The State of California realizes that fires in the Rancho Cucamonga wildland/urban interface are a mutual threat to the SRA and formulates available agreements with local agencies on a per-acre fee.

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ANALYSIS:

Through this Agreement, Cal FIRE would assume the primary financial responsibility for suppressing wildland fires in the contract area. Our LRA, City incorporated land, would be supported with resources and a level of service provided on the adjacent SRA land without the significant unfunded liability burden.

In the event of a significant wildfire in the contract area, fire suppression costs would likely exceed the proposed contract amount. If the Fire Board chooses not to renew the LRA Wildland Protection Agreement, the actual cost of retardant dropping aircraft, hand crews, dozers, and various overhead management positions utilized to suppress wildland fires in our LRA will be the responsibility of the Fire District.

Annual amendments to the Agreement are required to reflect any changes in Cal FIRE’s costs for providing this service.

FISCAL IMPACT:

The FY 2022-23 LRA Wildland Protection Agreement per acre rate is $30.82, reduced from $37.58 in the current fiscal year. The total cost is $181,962.73, which includes a 12.01% administrative fee. In anticipation of this Agreement, the District budgeted funds in account 3281508-5300 (Fire Suppression/ Contract Services).

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 City responders have the specialized resources necessary to effectively contain and suppress wildland fires
ATTACHMENTS:

Attachment 1 - Resolution No. FD 2022-012

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Resolution No. FD 22-XXX - Page 1 of 2
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RESOLUTION NO. FD 22-xxx

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN

BERNARDINO, CALIFORNIA, APPROVING THE LOCAL RESPONSIBILITY

AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR SERVICES FROM JULY 1, 2022, THROUGH JUNE 30, 2023
WHEREAS, the Rancho Cucamonga Fire Protection District (RCFPD) is a public agency and California fire protection district located in the County of San Bernardino, State of California; and WHEREAS, the wildland/urban interface area of the RCFPD and the City of Rancho Cucamonga is prone to wildfire and the magnitude of these wildfires, in terms of suppression efforts and response, far exceeds the capabilities of RCFPD on-duty crews; and
WHEREAS, the suppression of large-scale wildfires is enhanced by utilizing water and retardant dropping aircraft, hand crews, dozers, and various overhead management positions; and WHEREAS, RCFPD does not have the capacity to provide firefighting aircraft, hand crews, dozers, and enough overhead management to respond to large wildland fires on a mutual aid basis; therefore, RCFPD must contract for these services; and
WHEREAS, pursuant to Public Resources Code Section 4142, et seq., the California Department of Forestry and Fire Protection (CAL FIRE) may, with the approval of the Department of General Services, enter into a cooperative agreement upon such terms and under such conditions, it deems wise, for preventing and suppressing forest fires or other fires in any lands within any county, city, or district which makes an appropriation for such purpose; and
WHEREAS, the purpose of an operating plan is to increase and/or enhance the fire ground operations within the CAL FIRE San Bernardino -- Rancho Cucamonga Fire Protection District Wildland Contract Area, including mutual threat zones. This plan would allow responding agencies to pre-designate the Unified Ordering point, VHF Radio Frequencies, the establishment of a Unified Command structure for wildland fires in the contract area; and
WHEREAS, the Fiscal Year 2022/2023 cost for 5,271 acres is $30.82 per acre for a total cost of $181,962.73, which includes a 12.01% administrative fee.

NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES, as follows:

1. The facts set forth in the Recitals above are true and correct.

2. The Board of Directors of the Rancho Cucamonga Fire Protection District hereby approves the Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) dated June 1, 2022, in the total amount of $181,962.73. This agreement provides Wildland services during the State fiscal year 2022/2023.

3. The Secretary of the Rancho Cucamonga Fire Protection District shall certify to the adoption of this Resolution.

BE IT FURTHER RESOLVED, the President of said Board is hereby authorized to sign and execute the

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Resolution No. FD 22-XXX - Page 2 of 2
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said agreement on behalf of the Rancho Cucamonga Fire Protection District.

PASSED, APPROVED, AND ADOPTED this 1st day of June 2022.

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DATE:June 1, 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 Mario Estrada, Associate Engineer
SUBJECT: Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020-00139. (RESOLUTION NO. 2022-057), (RESOLUTION NO. 2022-058), AND (RESOLUTION NO. 2022-059) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Final Map for Tract No. 20334;

2. Approve the Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said Agreement;

3. Accept security in the form of bonds for completion of the related public improvements.

4. Approve the plans and specifications for the related public improvements on file with the City Engineer; and

5. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No.7, and Street Light Maintenance District No.1 and No.7.

BACKGROUND:

On May 26, 2021, the Planning Commission approved Case No. SUBTT20334 to subdivide 10.24 acres of land into 17 lots, located on the east side of East Avenue and south of Banyan Street at 6179 East Avenue.

Case No. SUBTT20334 was approved with a condition that certain public improvements be constructed including street improvements, curb and gutter, driveway approaches, streetlights, street trees, and storm drain improvements.

ANALYSIS:

The developer, Manning Homes, East Ave, LLC has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts:

Faithful Performance Bond No: PB00618100124 $1,113,600 Labor and Material Bond No: PB00618100124 $1,113,600

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Additionally, the developer submitted the Final Map for Tract No. 20334 for consideration of approval, and Staff has determined that the Final Map is in substantial conformity with the approved Tentative Tract Map and conditions.

Approval of this item by the Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, approve the Final Map for Tract No. 20334, and adopt the attached resolutions ordering the annexation to Landscape Maintenance District No.7, and Street Light Maintenance District No.1 and No.7. Copies of the Improvement Agreement are on file in the City Clerk’s Office.

FISCAL IMPACT:

The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue to the landscape and lighting maintenance districts in the following amounts:

Landscape Maintenance District No.7: $ 5,219.85
Street Lighting Maintenance District No.1: $ 302.09
Street Lighting Maintenance District No.7: $ 566.44
The developer will be installing 45 new street trees and 12 new streetlights that will be maintained by the City.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction of high- quality development that promotes a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution LMD 7
Attachment 3 - Resolution SLD 1
Attachment 4 - Resolution SLD 7

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ATTACHMENT 1
SUBTT20334

VICINITY MAP

NOT TO SCALE

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR
PROJECT CASE NO. SUBTT20334
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2022.

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

Manning Homes
East Ave., LLC
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:

Being a Subdivision of Portions of Lots 3 and 4 of Block “F”, as shown on the Preliminary Map of the Etiwanda Colony Lands, as per Map Recorded in Book 2, Page 24 of Maps, in the Office of the County Recorder of said County, all within the Northwest ¼ of the Southeast ¼ of Section 28, Township 1 North, Range 6 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California.

Assessor’s Parcels Numbers of the Property:
0225-191-17 and 0225-191-09

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Resolution No. XXX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Landscape Maintenance District No. 7 (North Etiwanda):

Landscape Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) represents landscape sites throughout the Etiwanda North Area.

The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park.

Proposed additions to the Improvements for Project Case No. SUBTT20334:

Forty-five (45) Street Trees.

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Resolution No. XXX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Landscape Maintenance District No. 7 (North Etiwanda):

The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for SUBTT20334:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $307.05
The proposed annual assessment for the property described in Exhibit A is as follows:
__17__ Parcels x __1__ EBU Factor x $307.05 Rate per EBU = $ 5,219.85_ Annual Assessment

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ATTACHMENT 3
Resolution No. XX-XXX – Page 1 of 5
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5 2
RESOLUTION NO. XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
PROJECT CASE NO. SUBTT20334
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

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

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

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2022.

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Resolution No. XX-XXX – Page 3 of 5
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5 2
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

Manning Homes
East Ave., LLC
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:

Assessor’s Parcels Numbers of the Property:
0225-191-17 and 0225-191-09

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Resolution No. XX-XXX – Page 4 of 5
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5 2
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 1 (Arterial Streets):

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

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

Proposed additions to the Improvements for Project Case No. SUBTT20334:

Two (2) LED Street Lights.

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Resolution No. XX-XXX – Page 5 of 5
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5 2
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for SUBTT20334:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
__17__ Parcels x __1__ EBU Factor x $17.77 Rate per EBU = $_302.09__ Annual Assessment

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ATTACHMENT 4
Resolution No. XXX-XXX – Page 1 of 5
2 4
5 3
RESOLUTION NO. XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF

CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT
NO. 7 (NORTH ETIWANDA) FOR PROJECT CASE NO. SUBTT20334
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 7 (North Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements;

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Resolution No. XXX-XXX – Page 2 of 5
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5 3
(2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

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

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

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

PASSED, APPROVED, AND ADOPTED this day of 2022.

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

Manning Homes
East Ave., LLC
20151 SW Birch Street (Suite 150)
Newport Beach, CA 92660
The legal description of the Property is:

Assessor’s Parcels Numbers of the Property:
0225-191-17 and 0225-191-09

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Resolution No. XXX-XXX – Page 4 of 5
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5 3
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 7 (North Etiwanda):

Street Light Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incorporated area of the City.

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

Proposed additions to the Improvements for Project Case No. SUBTT20334:

Ten (10) LED Street Lights.

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Resolution No. XXX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No. 7 (North Etiwanda):

The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for SUBTT20334:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Unit 1.00 $33.32
Multi-Family Residential Unit 0.50 33.32
Non-Residential Acre 2.00 33.32
The proposed annual assessment for the property described in Exhibit A is as follows:
__17__ Parcels x __1__ EBU Factor x $33.32 Rate per EBU = $_566.44__ Annual Assessment

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DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Tabe van der Zwaag, Associate Planner
SUBJECT: Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC2022-00035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC2022-00035 – L’Auberge Bakery and Market - A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off-Site Consumption (Type-20 Off-Sale Beer and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan – APN: 1090-601-18. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022-056) (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve the determination of Public Convenience or Necessity DRC2022-00035 for L’auberge Bakery and Market located at 12730 Foothill Boulevard through the adoption of the attached Resolution of Approval and forward a copy to the Department of Alcoholic Control (ABC).

BACKGROUND:

On May 5, 2021, the Planning Department approved a policy that supports the approval of alcohol licenses within an over-concentrated census tract. This revised policy, included with this report as Attachment #6, establishes that PCN determinations will not be recommended by staff for businesses in areas where the number of off-site alcoholic beverage retail licenses are over- concentrated. Certain exceptions may be granted for businesses that meet the following criteria:

1. The surrounding census tracts are not over-concentrated;

2. The census tract does not have a higher rate of DUI arrests or criminal activity than the City average when taken as a whole for the preceding 3 years;

3. There are no sensitive receptors such as schools, churches, preschools, daycare centers, parks community centers, or other businesses where children are known to congregate within 2 blocks in any direction of the subject business;

4. The business would not operate 24-hours a day;

5. The business will provide for crime prevention through environmental design measures as recommended by the Police Department and approved by the Planning Department;

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6. A business that wants to obtain an off-site alcohol beverage license located within an over- concentrated census tract may also be recommended for approval if:
The business provides a unique product offering not generally or readily found within the City of Rancho Cucamonga. Some examples, not intended to be exhaustive, of a unique product offering, would include a distillery/brewery/winery that had both on-sale and off-sale licenses or a specialty retailer that carried a substantial offering of unique imported products not otherwise readily available; or

The business is a grocery store that is 20,000 square feet or larger and where the sale of alcohol does not constitute more than 10% of the product display floor area, and which is not located within ½ mile of other grocery stores that exist within the City boundaries.

On January 20, 2022, the applicant submitted a Public Convenience or Necessity application (DRC2022-00035) for a Type-21 Off-Sale ABC license to the Planning Department for review.

The application involves a proposal to sell beer and wine with a Type-20 Off-Sale alcohol license in conjunction with an international bakery and market. Due to the over-concentration of alcohol licenses within the subject census tract (20.47), a determination of Public Convenience or Necessity (PCN) is required before ABC can issue the related alcohol license. A maximum of two (2) off-sale alcohol licenses are permitted within the census tract (20.47). With the addition of L’auberge Bakery and Market, there will be 5 off-sale alcohol licenses within the subject census tract (see Attachment #4 for a list of existing off-sale alcohol licenses within the subject census tract).

ANALYSIS:

L’auberge Bakery and Market is requesting to devote 220 square feet of the 5,543 square foot bakery and international food market for the sale of beer and wine. The bakery and market sells a variety of foods including fresh baked goods, fresh meats and cold cuts, cheeses, dry goods, and an assortment of refrigerated and frozen foods and beverages. The bakery and market will operate 7 days per week from 8:00 a.m. to 9:00 p.m.

The Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the population within a given census tract and are regulated by Section 23958 of the California Business and Professional Code. In cases where a census tract exceeds the limit, a finding of Public Convenience or Necessity (PCN) is required by the local agency, which in Rancho Cucamonga is the City Council. The legislation purposely left the term Public Convenience or Necessity undefined so that the local legislative body, in this case, the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances.

Facts to Support a Public Convenience or Necessity Determination: The following are facts to support the requested Public Convenience or Necessity.

Fact #1: An international bakery and market selling beer and wine are a common and acceptable business practice.

Fact #2: The site is located at 12730 Foothill Boulevard, on the north side of Foothill Boulevard approximately 600 feet west of Etiwanda Avenue. Foothill Boulevard is designated as a major thoroughfare and the site is suited for this type of business.

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Fact #3: The Census Tract in which the site is located (20.47) currently contains four (4) off-sale ABC licenses. This includes two service stations (Chevron (8075 Monet Avenue) and Union 76 (11920 Foothill Boulevard)), Beverages and More (12204 Foothill Boulevard) and Raw Class Wine and Spirits (12838 Foothill Boulevard).

Fact #4: The business is located within a retail/restaurant shopping center, which does not contain any sensitive users, such as daycare facilities, schools, and/or churches. The site, though, is located adjacent to Sacred Heart Church and school (12704 Foothill Boulevard).

Fact #5: Rancho Cucamonga residents would be afforded more convenient opportunities with the addition of beer and wine sale in conjunction with an international bakery and market. It is common for gourmet markets to include limited beer and wine sales. In this case, approximately 220 square feet will be allocated for the display and sale of beer and wine.

Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the permitting of existing structures that involve negligible or no expansion of use beyond the existing at the time of the lead agency’s original determination.

The project consists of issuing a Public Convenience or Necessity determination for a new business with minor interior modifications of the building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment in that the building was intended to be used by a commercial tenant. The City Council has reviewed the Planning Department’s determination of exemption, and based on its own independent judgment, concurs with the staff’s determination of exemption.

CONCLUSION:

Based on the above analysis, staff finds that the Department of Alcoholic Beverage Control Off- Sale beer and wine license (Type-20) at the site will not have a negative impact on the surrounding uses.

ATTACHMENTS:

Attachment 1– Aerial Image Showing Project Location
Attachment 2 – Project Site Plan
Attachment 3 – Floor Plan
Attachment 4 – ABC List of Existing Off-Sale Licenses for Census Tract 20.47 Attachment 5 - Census Tract 20.47
Attachment 6 – Applicant Letter Requesting PCN
Attachment 7 – PCN Determination Policy
Attachment 8 – DRC2022-00035 Resolution of Approval

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Attachment 1

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Attachment 2

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Attachment 3

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Attachment 4

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Attachment 5

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Attachment 6

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Attachment 7

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Attachment 6

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RESOLUTION NO. 2022-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY (DRC2022-00035) FOR

ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION
(TYPE-20 OFF-SALE BEER AND WINE) FOR AN INTERNATIONAL
BAKERY AND MARKET (L’AUBERGE) LOCATED IN THE

COMMUNITY COMMERCIAL (CC) DISTRICT AND THE FOOTHILL

BOULEVARD OVERLAY DISTRICT OF THE FOOTHILL BOULEVARD
SPECIFIC PLAN AT 12730 FOOTHILL BOULEVARD; AND MAKING
FINDINGS IN SUPPORT THEREOF– APN: 1090-601-18
A. Recitals.

WHEREAS L’Auberge Bakery and Market filed an application for a Public Convenience or Necessity determination DRC2022-00035 as described in the title of this Resolution for a Type-20 (off-sale beer and wine) license from the Department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution, the subject Public Convenience or Necessity request is referred to as "the application."
WHEREAS, Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination on whether the issuance of the said license will service the public convenience or necessity.

WHEREAS, On the 1st h day of June 2022, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution.

WHEREAS, 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 City of Rancho Cucamonga as follows:

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

2. Based upon substantial evidence presented to this Council during the above- referenced public hearing on May 18, 2022, including written and oral staff reports, this Council hereby specifically finds as follows:
a. The site is located with Census Tract 20.47 on property addressed 12740 Foothill Boulevard, on the north side of Foothill Boulevard 600 feet west of Etiwanda Avenue; and b. The California Department of Alcoholic Beverages Control permits up to two active off-sale retail licenses to exist within Census Tract 20.47 and four (4) licenses currently exist in the census tract. This includes two service stations (Chevron (8075 Monet Avenue) and Union 76 (11920 Foothill Boulevard)), Beverages and More (12204 Foothill Boulevard) and Raw Class Wine and Spirits (12838 Foothill Boulevard); and
Attachment 8

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c. The request for a fifth off-sale retail license will overconcentrate the census tract.

Pursuant to Business and Professions Code Section 23958.4 an “undue concentration” of off-sale retail license applications exists under either of the following two scenarios: (1) “The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes . . . than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency;” or (2) “the ratio of off-sale retail licenses to the population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to the population in the county in which the applicant premises are located.” According to ABC’s online database, Census Tract

20.47 has four (4) existing off-sale licenses. This means an undue concentration of off-sale licenses exists within the census tract if another off-sale license is issued; and d. The business is located within a retail shopping center, which does not contain any sensitive users, such as daycare facilities, schools, and/or churches. The project site, though, is directly adjacent to a church that includes a private school; and e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a grocery store that sells beer and wine; and f. With the imposition of a condition recommended by the City and set forth in Section 5, the retailer will operate the business in a manner that would not result in a change of use from a market to a liquor store in violation of the City's Development Code; and

3. Based upon the findings set forth in paragraphs 1 and 2 above, and with the Condition of approval specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine license for L’auberge Bakery and Market will not have a negative impact on the surrounding uses.

4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this City Council hereby determines that with the imposition of the condition specified in Section 5, the issuance of an off-sale liquor license for L’auberge Bakery and Market will service the Public Convenience or Necessity.

5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this City Council hereby approves the request for a Public Convenience or Necessity determination subject to the conditions set forth below, Planning Department:

1. The area devoted to the display and sale of alcoholic beverages shall be limited to a maximum of 10 percent of the net floor area. Any increase above and beyond this limit will result in Code Enforcement action and ultimately the revocation of the store's business license.

6. The City Clerk shall certify the adoption of this Resolution.

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PASSED, APPROVED, AND ADOPTED THIS 1st DAY OF June 2022, by the following vote to wit:

AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
__________________________________
L. Dennis Michael, Mayor
ATTEST:
___________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
________________________________
Nicholas R. Ghirelli, City Attorney

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DATE:June 1, 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 SUBJECT: Consideration of a Resolution Approving Master Agreement No. 08- 5420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022- 060) (CITY)
RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution approving Master Agreement No. 08-5420S21 and Program Supplement Agreement No. 000000Z67 with the California Department of Transportation (Caltrans) and authorize the City Manager or designee to approve and execute project related documents and future program supplement agreements related to the subject Master Agreement.

BACKGROUND:

In 2020, the City submitted a grant application to Caltrans for the 2022 HSIP Traffic Signal Modifications at Various Locations Project (Project) as part of the HSIP Cycle 10 Call-for-Projects.

The application was successful and the City has been awarded $162,600 toward design and construction of the Project. The Project will upgrade the left turn phasing at seven locations across the City from the current five-section “doghouse” style protected-permissive configuration to the City’s current standard which utilizes a four-section flashing yellow arrow configuration. The new configuration will continue to allow for both protected left turns when a green arrow is shown and permissive turns (i.e., left turns are allowed after yielding to oncoming traffic) when a flashing yellow arrow is displayed. However, the flashing yellow arrow provides for additional visual reinforcement of the need for drivers to yield to oncoming traffic when making a permissive left turn. The Project’s plans and specifications have been completed and construction is anticipated to begin later this year.

ANALYSIS:

In addition to a number of policies, administration of State and Federal grant funding under the purview of Caltrans is also governed by Master Agreements and project specific Program Supplement Agreements between Caltrans and grant recipients. Each grant recipient enters into a Master Agreement for each type of funding being granted (i.e., State, Federal, State and

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1 1
Federal, etc.). These Master Agreements remain in effect until superceded by a later version of the agreement. Caltrans has updated its Master Agreement for State funding and is requiring that the City execute the new agreement as a condition for receiving HSIP funding for this project.

Further, Caltrans issues a Program Supplement Agreement for each indivual grant award that must also be approved by the City. The Program Supplement Agreement provides project specific details and conditions related to the administration of the project’s grant funds. The updated Master Agreement and Project-specific Program Supplement Agreement are attached for reference along with a resolution authorizing their execution for the City Council’s consideration.

Additionally, the resolution would authorize the City Manager or designee to execute any project related documents as well as future Program Supplement Agreements related to the subject Master Agreement. This authorization would streamline the implementation process for grant funded projects in the future.

FISCAL IMPACT:

Under the grant award, a total of $162,600 will be eligible for reimbursement for the 2022 HSIP Traffic Signal Improvements at Various Locations Project. This reimbursement requires a minimum local match of $162,200. Funding for the local match has been included in the Fiscal Year 2021/22 Budget from the Gas Tax (Fund 174) and Transportation (Fund 124) Funds. No additional funding is required as a result of this action.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s Core Values by promoting and enhancing a safe and healthy community for all through the construction of traffic signal modifications that will provide for improved safety of the City’s transportation system.

ATTACHMENTS:

Attachment 1 – Resolution No. 2022-060
Attachment 2 - Master Agreement No. 08-5420S21
Attachment 3 - Program Supplement Agreement No. 000000Z67

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
EXECUTION AND SIGNING OF MASTER AGREEMENT NO. 08-
5420S21 FOR ADMINISTRATION OF STATE GRANT FUNDS
AND PROGRAM SUPPLEMENT AGREEMENT NO. 000000Z67
FOR THE 2022 HSIP TRAFFIC SIGNAL IMPROVEMENTS AT

VARIOUS LOCATIONS PROJECT BETWEEN THE CITY OF

RANCHO CUCAMONGA AND THE CALIFORNIA

DEPARTMENT OF TRANSPORATION AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE PROJECT

RELATED DOCUMENTS AND FUTURE PROGRAM

SUPPLEMENT AGREEMENTS
WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to "Administering Agency"), has for its consideration the execution of Master Agreement No. 08- 5420S21 for administration of State grant funds; and
WHEREAS, the Administering Agency also has for its consideration the execution of Program Supplement No. 000000Z67 to Master Agreement No. 08-5420S21 authorizing payment of State funds for the 2022 HSIP Traffic Signal Improvements at Various Locations Project (Project); and
WHEREAS, the State of California, Department of Transportation, (hereinafter referred to as "State") processes and monitors State funded projects; and WHEREAS, as a condition to payment of State funds for said projects, the Administering Agency shall approve and execute said Master Agreement and Project Supplement Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, to the following:

1. Authorize the execution of Master Agreement No. 08-5420S21 for administration of State grant funds.

2. Authorize the execution of Program Supplement Agreement No. 000000Z67 to Master Agreement No. 08-5420S21 for payment of State funds for the Project.

3. Authorize the City Manager, or designee, to execute said Master Agreement and Program Supplement Agreement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the Resolution Number and Date in the said Agreements and for the return of the originals copies of said Agreements to the State of California Department of Transportation along with the certified copy of this Resolution.

4. Authorize the City Manager, or designee, to execute future Program Supplement Agreements subject to Master Agreement No. 08-5420S21.

BE IT FURTHER RESOLVED that the Administering Agency shall also comply with the "Special Covenants or Remarks" attached to the Program Supplement Agreement.

ATTACHMENT 1

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MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
08 City of Rancho Cucamonga
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5420S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Rancho Cucamonga, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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ATTACHMENT 2

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ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

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9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

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15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

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23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.

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(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.

All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

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4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

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8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess
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of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.

ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is Page of 169

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constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

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5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

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5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

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12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.

The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the Page of 1613

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extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA City of Rancho Cucamonga

DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Rancho Cucamonga Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative)
Date __________________________ Date __________________________ Page of 1614

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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act.

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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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000000Z67
FOR STATE FUNDED PROJECTS NO 08-5420S21
0822000088
March 11, 2022
08-SBD-0-RCUC
HSIPSL-5420(025)
5420
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5420S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Banyan St/East Ave, Base line Rd/Mountain View Dr, Millennium Ct/ Miliken Ave, Vintage Dr/Miliken Ave, Church St/Miliken Ave, TerraVista Pkwy W/Churt St, and Base Line Rd/Beryl St Upgrade Signals 0.0(MILES)
State FundsEstimated Cost Matching Funds

CITY OF RANCHO CUCAMONGA
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$57,500.00 $0.00 $28,750.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$28,750.00
STATE $28,750.00
1 Page of 3Program Supplement 08--542-Z67- SERIAL
3/11/22
12/22/21
ATTACHMENT 3

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SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
HSIPSL-5420(025)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--542-Z67- SERIAL

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SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
HSIPSL-5420(025)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--542-Z67- SERIAL

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DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director
Jennifer Nakamura, Deputy Director of Planning
SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1000

AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA,

APPROVING A MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE

UPDATE TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM TO THE

GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF;
ORDINANCE NO. 1001

AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA,

ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA;
ORDINANCE NO. 1002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,

CALIFORNIA, REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA

SPECIFIC PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY, TERRA VISTA

PLANNED COMMUNITY AND VICTORIA PLANNED COMMUNITY AND AMENDING

THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN

AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY)
RECOMMENDATION:

Staff recommends the City Council waive full reading and adopt Ordinance Nos. 1000, 1001 and 1002.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of May 18, 2022.

Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael. ABSENT: None.

ANALYSIS:

Please refer to the May 18, 2022 City Council Staff Report.

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Page 2 ends

1 2
8 7
FISCAL IMPACT:

Please refer to the May 18, 2022 City Council Staff Report.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

Please refer to the May 18, 2022 City Council Staff Report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1000
Attachment 2 – Ordinance No. 1001
Attachment 3 – Ordinance No. 1002

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ORDINANCE NO.1000

AN ORDINANCE OF THE CITY COUNCIL OF RANCHO

CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL

CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE

TO THE DEVELOPMENT CODE, ADOPTING AN ADDENDUM

TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL

IMPACT REPORT PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN

SUPPORT THEREOF

A. Recitals.

1. On April 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above ref erenced Municipal Code Amendment adopting a comprehensive update to the Development Code and, following the conclusion thereof, adopted Planning Commission Resolution No. 22-14, recommending that the City Council of the City of Rancho Cucamonga adopt the p roposed Municipal Code Amendment.

2. On May 18, 2022 , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Municipal Code Amendment.

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

B. Ordinance.

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

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

SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 18, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows:

a. T he City adopted its last comprehensive update to Development Code in 2010, and has since updated and amended individual sections of that code; and b. The City desires to adopt a comprehensive update to the Development Code in order to (i) reflect the goals, policies, and implementation measures of the City’s updated General Plan, adopted in December 2021; (ii) ensure compliance with applicable Federal and State legislation; (iii) incorporate form -based zoning regulations for walkable mixed- use development; (iv) incorporat e appropriate standards from older Specific Plan and Planned Communities to allow for the repeal of outdated plans ; (v) add new objective design standards for multi -family and mixed- use development projects ; and (vi) clarify Code content, address existing deficiencies, and improve usability; and
c. The City has prepared a comprehensive update to the City’s Development Code that implements the policies of the General Plan, which was updated in 2021. The City made the Public Draft Development Code Update (“Public Draft”) available for public review o n April 7, 2022. The Public Draft is a comprehensive revision and update of Title 17 of the Rancho Cucamonga Municipal Code that sets requirements for private development of property,

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ORDINANCE NO. 1000

DEVELOPMENT CODE AMENDMENT
May 18, 2022

Page 2 ends

including development standards, permitted uses, building heights, building setbacks, parking standards, sign standards, landscaping requirements, subdivisions, animal keeping regulations, and other development-related topics.

SECTION 3 : The City has prepared an Addendum (the “Addendum”) to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH# 2021050261) (the “Final EIR”) prepared for the Rancho Cucamonga General Plan Update, attached hereto as Attachment B to this Ordinance, which confirms that the environmental impacts stemming from the proposed Municipal Code Amendment were adequately addressed in the Final EIR and that neither a subsequent EIR, a supplemental EIR, n or a negative declaration is required f or environmental review of the proposed Municipal Code Amendment. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq. , and the C ity’s local CEQA guidelines (collectively “CEQA”) based also on the following specific findings and determinations:
a. On December 15, 20 21, the City Council of the City of Rancho Cucamonga adopted Resolution Number 2021-132, adopting environmental findings pursuant to CEQA for the Rancho Cucamonga General Plan Update, certifying the Final EIR, adopting a statement of overriding considerations, and adopting a Mitigation Monitoring and Reporting Program. The General Plan Update specifically contemplated revisions to and a comprehensive update of the Development Code such as is accomplished by the proposed Municipal Code Amendment and the Final EIR analyzed the impacts thereof.
b. The proposed Municipal Code Amendment does not propose substantial changes to the City’s development regulations that were not analyzed in the Final EIR or that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed Municipal Code Amendment simply implements the goals and policies adopted in the City’s updated General Plan and analyzed in the Final EIR. c. There have been no substantial changes with respect to the circumstances under which the proposed Municipal Code Amendment is being undertaken that were not contemplated in the Final EIR or that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Final EIR addressed the impacts of adopting the City’s updated General Plan, and rev isions to the development code and was certified on December 15, 2021. Since adoption of the updated General Plan in 20 21, the City has not processed any amendments to the Plan. As a result, there are no substantial changes to the environment which would require a modification of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
d. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified that shows (a) the proposed Municipal Code Amendment will have any significant effects not discussed in the Final EIR; (b) the significant effects examined in the Final EIR will be substantially more severe than previously shown; (c) mitigation measures or alternatives

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ORDINANCE NO. 1000

DEVELOPMENT CODE AMENDMENT
May 18, 2022

Page 3 ends

previously found to be infeasible would now be feasible and would substantially reduce one or more significant effects of the proposed Municipal Code Amendment ; or (d) considerably different mitigation measures or alternatives than those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment are now available.

The City Council, exercising its independent judgment after considering the administrative record, hereby adopts the Addendum to the certified Final EIR, attached hereto as Attachment B, reaffirms the findings adopted as part of the Final EIR certification and set forth in Resolution No. 2021-132 as remaining applicable to the proposed Municipal Code Amendment.

The custodian of records for the Addendum, documents and other materials that constitute the record of the proceedings upon which the City Council’s decision is based, including, but are not limited to, the staff reports for the proposed Municipal Code Amendment, all of the materials that comprise and support the Addendum to the certified F inal E IR and all of the materials that support the staff reports for the proposed Municipal Code Amendment, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730.

SECTION 4 : Based on the foregoing, the City Council hereby adopts the proposed Municipal Code Amendment adopting a comp rehensive update to the Development Code, as set forth in Attachment A attached to this Ordinance and incorporated herein by reference. The Municipal Code Amendment set forth in Attachment A replaces, in its entirety, the provisions of the City's existing Title 17 (“Development Code”) of the Municipal Code.

SECTION 5: The provisions of this Ordinance, insofar as they are substantially the same as provisions of ordinances previously adopted by the City relating to the same matter, shall be construed as restatements and continuations of the earlier enactment, and not as new enactments.

SECTION 6: The adoption of this Ordinance does not affect the following matters:

a. Actions and proceedings that began before the effective date of this Ordinance.

b. Prosecution for ordinance violations committed before the effective date of this Ordinance.

c. Licenses and penalties due and unpaid at the effective date of this Ordinance.

d. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance.

e. Bonds and cash deposits required to be posted, filed, or deposited pursuant to any ordinance, resolution, or regulation.

f. Matters of record that refer to or are connected with an ordinance previously adopted by the City the substance of which is amended by this Ordinance. Such references shall be construed to apply to the corresponding provisions of this Ordinance.

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ORDINANCE NO. 1000

DEVELOPMENT CODE AMENDMENT
May 18, 2022

Page 4 ends

SECTION 7: Any provision of the previously existing Title 17 (“Development Code”) of the Municipal Code not included in the Municipal Code Amendment enacted by this Ordinance is hereby repealed.

SECTION 8: Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters:

a. The corporate or jurisdictional limits of the City.

b. Contracts to which the City is a party.

c. City taxes.

d. City franchises.

e. Highways, roads, streets or other public right-of-way.

f. Bonds or indebtedness of the City.

g. A district, public corporation or other entity established by the City.

h. Specific public improvements or assessments.

i. Appropriation or investment of City funds.

SECTION 9: The Council hereby directs the City Clerk to make all necessary, non- substantive conforming revisions to the Municipal Code necessary to codify this Ordinance , including, but not limited, to clerical corrections to section numbers, table and figure re ferences, and cross references.

SECTION 10: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the re maining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 11: The City Clerk shall certify to the adoption of this Ordinance and shall cause its publication in accordance with applicable law.

___________________________________
L. Dennis Michael, Mayor

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ORDINANCE NO. 1000

DEVELOPMENT CODE AMENDMENT
May 18, 2022

Page 5 ends

ATTEST: ___________________________________
Janice C. Reynolds, City Clerk
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of May, 2022, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on ____________, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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ORDINANCE NO. 1000

DEVELOPMENT CODE AMENDMENT
May 18, 2022

Page 6 ends

Attachment A – Development Code Amendment

The Public Review Draft of the Development Code is available online for review at:

Public Review Draft Development Code (Title 17)

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ORDINANCE NO. 1000

DEVELOPMENT CODE AMENDMENT
May 18, 2022

Page 7 ends

Attachment B – EIR Addendum

Page 183 ends

March 2022 | General Plan EIR Addendum

ADDENDUM TO THE GENERAL PLAN EIR
SCH No. 2021050261

FOR THE

INTERIM DEVELOPMENT CODE/ZONING

STANDARDS
City of Rancho Cucamonga
Prepared for:

City of Rancho Cucamonga
Contact: Jennifer Nakamura
Deputy Director of Planning
10500 Civic Center Drive
Rancho Cucamonga, California 91730
909.477.2700

Prepared by:

PlaceWorks
Contact: Mark Teague, AICP, Managing Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com

Page 184 ends

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ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT

CITY OF RANCHO CUCAMONGA
Table of Contents
March 2022 Page i
Section Page

1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR ............................................................... 3

1.1 BACKGROUND .................................................................................................................................................... 3

1.2 PURPOSE OF AN EIR ADDENDUM ........................................................................................................... 3

1.3 PROJECT DESCRIPTION ................................................................................................................................. 5

1.4 GENERAL PLAN EIR ........................................................................................................................................ 9

2. CEQA ANALYSIS ............................................................................................................................ 1

2.1 ENVIRONMENTAL ANALYSIS ..................................................................................................................... 1

2.2 FINDINGS ............................................................................................................................................................. 1

Tables Page
TABLE 1 SPECIFIC PLANS AND MASTER PLANS REVISED OR REPEALED WITH ZONING CODE UPDATE ................................................................................................................................................................. 6 TABLE 2 TABLE 2. GENERAL PLAN MODIFY EXISTING ZONING .............................................................. 9

Figures Page

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ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT

CITY OF RANCHO CUCAMONGA
Table of Contents
Page ii March 2022
This page intentionally left blank.

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ADDENDUM TO THE GENERAL PLAN EIR FOR THE INTERIM ZONING CODE AMENDMENT

CITY OF RANCHO CUCAMONGA

1. Addendum to the Adopted General Plan EIR

Page 3 ends

1. Addendum to the Certified General Plan EIR

1.1 PURPOSE
This document serves as the environmental documentation for adoption of the Interim Development Code (project, proposed project) and Zoning Map to be in compliance with the General Plan. This document is an addendum to the General Plan Environmental Impact Report (EIR), certified on December 15, 2021 (State Clearinghouse Number 2021050261), which demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with implementation of the proposed project and that none of the conditions described in the California Environmental Quality Act (CEQA) Guidelines, Section 15162, exist and preparation of a subsequent EIR or negative declaration is not necessary.

1.2 BACKGROUND
On December 15, 2021, the Rancho Cucamonga City Council certified the environmental impact report and adopted the updated General Plan for the City of Rancho Cucamonga (City). The General Plan is the City’s blueprint, or constitution, for future development. The General Plan documents the City’s long-range vision and established clear goals, objectives, and actions to guide the community through the next 20 years.

While the General Plan is the policy document that provides an overall vision, policy direction, and implementation strategy to support future development in Rancho Cucamonga, the development code implements general plan policies through detailed development regulations, such as specific use types and building standards. Although the purpose and intent of zoning is different from the General Plan, State law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and the zoning of the property. When a zoning ordinance becomes inconsistent due to a general plan amendment, the city must enact a consistent zoning ordinance within a reasonable time.

The current development code is not consistent with the intent of the character-based General Plan Land Use Designations and does not contain the necessary standards to implement the General Plan vision for walkable, mixed-use places. As a result, proposed Interim Development Code is designed to implement the Land Use Designations in the General Plan, including the addition of form-based code components for the new mixed- use place types established in the General Plan. As the City is under development pressure to implement the newly adopted General Plan, t he adoption of the Interim Development Code as an urgency ordinance will allow the City to begin implementing the General Plan immediately.

1.3 Purpose of an EIR Addendum
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously certified EIR are necessary, but none of the conditions enumerated in CEQA Guidelines

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Sections 15162(a)(1) to (3) calling for the preparation of subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously foun d not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would not trigger any of the conditions outlined in CEQA Guidelines Sections 15162(a)(1) to (3) because these changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects r equiring major revisions to the General Plan EIR. The following analysis provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the project.

As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or addi tions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.

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(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary o r none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

A copy of this a ddendum, and all supporting documentation, may be reviewed or obtained at the City of Rancho Cucamonga Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730.

1.4 PROJECT DESCRIPTION
The proposed project is to adopt an Interim Development Code to implement the Land Use Designation in the General Plan as an urgency ordinance. The Interim Development Code contains provisions to ensure that land development is consistent with the policy direction of the General Plan. As the current Development Code was comprehensively updated in 2012, the recommendations included in the proposed project include amendments to standards and requirements within the existing structure and format of the Code (Development Code Update City of Rancho Cucamonga, page 3). These recommendations include topics such as General Plan Implementation and General Code Issues, Mixed-Use and Multi-Family Objective Design Standards, and Specific Plan and Master Plan Analysis. The fundamental elements of the Development Code update are:
• Integrating and modifying the form-based and conventional zones. • New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors.
• Incorporation of appropriate standards from older Specific Plans and Planned Communities into the new zoning regulations to allow for repeal of outdated plans. • New objective design standards for multi -family residential and mixed -use development projects to respond to changes in state law and facilitate housing production. • Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Development Code.

The implementation of the General Plan is generally managed by the Development Code (Title 17 of the Rancho Cucamonga Municipal Code). The Development Code includes zoning districts consistent with the General Plan and applies development standards to each zoning district that guide site layout, key design elements, and development intensity. The proposed project also includes objective design standards for mixed used and multi-family development as form-based elements that will be applied to base zoning districts.

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As shown below in Table 1. Specific Plans and Master Plans Revised or Replaces with Interim Zoning Code Update and referenced in the General Plan EIR (Land Use and Planning, page 5.11-16), several of the existing plans in the city would be reappealed and changed to comply with the n ew standards of the Interim Development Code Update.

Table 1. Specific Plans and Master Plans Revised or Repealed with Interim Zoning Code Update Plan/Year Adopted or Amended Notes on Review
Empire Lakes Specific Plan (ELSP) (Also
referred to as IASP Sub -Area 18 Specific
Plan) 1994 adopted/2016 last revised
Amend the ELSP boundary to cover area as required by the Development Agreement, with those regulations, requirements, and standards remaining in place.

The remaining ELSP areas will be regulated by policy and standards in the General Plan Update. Areas regulated by the General Plan Update will be implemented with the citywide code (including new form-based districts, and design standards).

Etiwanda Highlands Planned Unit
Development (EH) 1988
Repeal – Develop two new zone districts (e.g., VL - EH 9000 and VL -EH 14000) to regulate this area, consistent with the standards in the existing Planned Unit Development (PUD). Standards not regulated by the PUD would be regulated in the new zone districts. All other standards and procedures applicable to the VL District would apply to the VL-EH Districts.

Etiwanda North Specific Plan (NESP) 1992 Repeal – A portion of this Plan area was amended and now regulated by the Etiwanda Heights Specific Plan. The portion identified for low density residential can be regulated by the existing Low Residential District standards. The remaining area will be regulated by the Traditional Neighborhood Land Use Designation and subsequent zoning district and the zoning that replaces the Etiwanda Highlands Planned Unit Development (see above).

Etiwanda Specific Plan (ESP) 1985
adopted/2000 last revised

Repeal – A small area will be regulated by the new form-based zoning district based on General Plan placetype. Regulate the Very Low density area with the existing Very Low Residential District. Create new zone districts to regulate the remaining areas consistent with the standards in the Specific Plan.

Terra Vista Community Plan (TCVP) 1983
adopted/1995 last revised
Repeal – The Plan Area along Foothill Boulevard will be regulated by the new form - based zoning district based on the General Plan Update.

The remaining area is a combination of Low Medium , Medium, Medium High, and High zoning districts. Create new zone districts to regulate the remaining areas consistent with the standards in the TCVP .

Town Square Master Plan (TS) 2002 Repeal – This area to be regulated by policy and standards in the General Plan Areas regulated by the General Plan will be implemented with the citywide code (including new form-based districts, and design standards, as applicable).

Victoria Arbors Master Plan (VA) 2002 See VCP below. Victoria Arbors Master Plan overlaps with the VCP .

Victoria Community Plan (VCP) 1981 Repeal – A portion will be regulated by the applicable new form-based zoning district based on General Plan placetype. For the remainder, the existing Low and Low Medium Residential zoning districts will be applied based on the designation in the VCP . The Mixed Use overlay will also be deleted as part of this effort.

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The Interim Development Code update includes modifications to existing zoning districts as well as new zoning districts with form-based code components. Table 2, General Plan Modifying Existing Zoning Districts, displays the following recommended zoning districts to implement each of the General Plan land use designations and if modifications or new zoning districts are needed (Interim Development Code Update, 5). Recommendations to implement the General Plan and create new zones to implement the new mixed -use land use designations are provided in Section 2.B of the Interim Development code update (Interim Development Code update, 5).

Other changes to existing zoning districts may be reco mmended based on an assessment of General Plan policies in Appendix A of the Interim Development Code update. Appendix A is used to identify inconsistencies between the General Plan and the City’s Development Code and provide recommendations to resolve those inconsistencies (Interim Development Code Update, A-1).

The Interim Development Code will facilitate development in zoned properties and bring them into compliance with the General Plan. While zoning districts will change, the development potential and impacts are already addressed in the General Plan EIR. In most cases, there are development standards for any new permitted use that would not be subject to CEQA review. However, development policies, programs, ordinances, and permits that define the development process would still apply.

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Table 2. General Plan Modify Existing Zoning
General Plan Land
Use Designation
Implementing Zone Recommendation
Neighborhood Place Type
Semi-Rural
Neighborhood
Very Low Residential (VL) Modify to allow multi -family, civic and neighborhood serving commercial consistent with
General Plan
Traditional
Neighborhood
TBD Discuss with City the possibility of modification of EHNCP Zones to apply Requires additional
microscale analysis in residential areas
Suburban
Neighborhood –
Very Low
Low (L) and/or Low Medium
Residential (LM)
Modify maximum allowed density consistent with
General Plan consistent with General Plan
Suburban
Neighborhood-
Moderate
High Residential (H) Modify to ensure limited neighborhood commercial uses allowed consistent with General Plan
Urban
Neighborhood
FBC: Urban Center New Zone consistent with General Plan Corridor Place Type
Neighborhood
Corridor
FBC: Neighborhood General New Zone consistent with General Plan City Corridor -
Moderate
FBC: General Urban New Zone consistent with General Plan City Corridor – High FBC: Urban Corridor New Zone consistent with General Plan District Place Type
21st Century
Employment
District
FBC: General Urban New Zone consistent with General Plan Office Employment
District
Office Professional (OP) and
or Commercial Office (CO)
combination
Modify to allow mixed use, multi -family, increase
height/density, and reduce setbacks consistent with
General Plan

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1.5 GENERAL PLAN EIR
The General Plan EIR found that, with the implementation of policies and actions from the General Plan and mitigation measures identified in the EIR, there would be less than significant impacts related to aesthetics, energy, geology and soils, hazardous materials, hydrology/water qualit y, land use/planning, mineral resources, population/housing, public services, recreation, tribal cultural resources, utilities and se rvices, and wildfire. As the proposed project is intended to align the Development Code and Zoning map with the General Pla n, implementation of policies and actions from the General Plan and mitigation measures identified in the EIR would have the same mitigating effect under the Interim Development Code and impacts would also be less than significant.

Table 3 lists the significant and unavoidable impact determinations of the General Plan EIR and compares the resulting impacts of the proposed project to those determinations. The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts to agriculture/forest resources, air quality, biological resources, cultural resources, greenhouse gas emissions, noise, and transportation. As described below, the proposed project would be within the scope of analysis of the General Plan update identified in the EIR. The proposed project would incorporate all applicable General Plan policies and implementation measures for significant and unavoidable impacts identified in Table 3 and would not create a new significant impact or a substantial increase in the severity of previously identified effects.

Table 3: General Plan EIR Significant and Unavoidable Impacts and Impacts of the Proposed Project Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Agriculture and Forest Resources Impact 5.2 -1: The proposed project would convert Farmland to non - agricultural uses but would not result in the conversion of forest land to non-forest uses. [Thresholds AG-1 and AG-5]

The proposed project would not allow development of land that was not considered for development under the General Plan. While current vineyards and orchards would be converted into urban uses as part of future anticipated development, they would not impact land not considered for development in the General Plan EIR. There proposed project would not have an effect in forest lands because there are no lands that qualify as forest or timberland.

Air Quality Impact 5.3-2: The proposed project would cause construction-generated criteria air pollutant or precursor emissions to exceed South Coast AQMD-recommended thresholds. [Threshold AQ-2]

Impact 5.3-3: The proposed project would result in a net increase in long- term operational criteria air pollutant and precurs or emissions that exceed South Coast AQMD -recommended thresholds. [Threshold AQ- 2]

Impact 5.3-5: The proposed project would expose sensitive receptors to substantial increases in toxic air contaminant emissions. [Threshold AQ- 3]
The General Plan Update would accommodate future development of single -family and low -rise multifamily residential, retail, hotel, office, art/entertainment/recreation, and industrial land uses. The proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

The future development and other physical changes that could result from implementation of the Interim Development Code would generate construction- related emissions of criteria air pollutants and precursors. The proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementati on of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

The implementation of the Interim Development Code could result in exposure of sensitive receptors due to construction-related TAC. However, the proposed project would not change the type of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

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Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Biological Resources Impact 5.4 -1: Buildout of the proposed Land Use Plan would impact sensitive plant and animal species known to occur in the City of Rancho Cucamonga. [Threshold B-1]
Implementation of the Interim Development Code could impact special status vegetation or special status wildlife in the city. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts ass ociated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Cultural Resources Impact 5.5-1: Buildout of the City of Rancho Cucamonga General Plan could impact historic resources. [Thresholds C-1]

Implementation of the Interim Development Code could adversely impact some of these historic resources. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Greenhouse Gas Emissions Impact 5.8 -4: The proposed project would be inconsistent with the State’s ability to achieve the long- term reduction goals or Executive Orders S-3-05, B-30-15, and B-55-18. [Threshold GHG-2]
Implementation of the Interim Development Code could result in the generation of greenhouse gases .

However, the proposed project would not change the type or location of development assumed in the General Plan EIR and impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Noise Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the future development under the General Plan. [Threshold N-1]

Impact 5.13 -2: Project implementation could generate a substantial permanent increase in traffic noise levels at noise-sensitive land uses in excess local standards. [Threshold N-2]

Impact 5.13-4: Expose new sensitive land uses to noise levels in excess of the noise compatibility standards identified in 2040 General Plan Noise Element Table N-1. [Threshold N-4]

Impact 5.13- 5: Future development under the General Plan could generate short-term construction vibration or exposure to new sensitive land uses to long- term operational vibration sources that exceed City thresholds. [Threshold N-5]
The City has established standards for acceptable noise levels in Section 17.66.050 that are consistent with the Development Code update. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Traffic noise modeling was conducted for existing (2021) and future (2040) conditions using traffic data generated for the 2040 General Plan, which was based on anticipated land use development contemplated under buildout conditions through 2040. Because the proposed project would not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

New development associated with the 2040 General Plan could potentially be near existing roadways and existing or future planned railroads. Because the proposed project wou ld not change the type or location of development assumed in the General Plan EIR and noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

Implementation of standard condi tions of approval 5.13 -5b and 5.13- 5c, which require project -specific vibration analyses to evaluate vibration exposure from nearby transit sources and evaluation of potential vibration impacts from new transit projects would still be required under the Interim Development Code.

Therefore, noise impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR.

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Environmental Topic Significant and Unavoidable Impact Determination Resulting Impact of the Proposed Project Transportation Impact 5.17-2: The project may be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) regarding policies to reduce VMT. [Threshold B-2]
Implementation of the Interim Development Code could result in changes to the vehicle miles traveled by residential and non-residential development in the City. However, the proposed project would not change the type or location of development assumed in the General Plan EIR and VMT -related impacts associated with implementation of the Interim Development Code would be the same as that analyzed in the General Plan EIR
..

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2. CEQA Analysis

2.1 ENVIRONMENTAL ANALYSIS
The General Plan contains policies related to land use and community character, focus areas, open space, mobility and access, housing, public facilities and services, resource conservation, safety , and noise. As previously described in Section 1.4 and referenced in Table 3, the General Plan EIR addresses potentially significant impacts related to agriculture and forestry, air quality, cultural resources, greenhouse gas emissions, noise, and transportation. The policies of the General Plan and the existing development standards apply to all development in the General Plan and would continue to apply to the land that is the subject of the proposed project.

The proposed zoning changes are intended to align the City’s Municipal Code and Zoning Map with the land use designations and policies and implementation measures with the General Plan and will replace or amend specific plans and master plans previously adopted. Therefore, these changes would not result in significant changes to the existing land uses and or development standards as compared to that analysis in the General Plan EIR. The modification to the specific and ma ster plans in the General Plan EIR is consistent with the specific design standards and guidelines in the Development Code upda te (Development Code Update, Appendix-H).

The General Plan EIR anticipates growth in focused areas of the community that are already designated for development (Project Description, 3-2). The Land Use & Community Character in Section 5.11 Land Use and Planning details policy changes for different place types. These focus areas will increase housing and building intensity as well as create more urban spaces (Land Use and Planning, 5-11-7). The General Plan EIR suggests Volume 4 Implementation Strategy recommends policy change in the development code changes. (Project Description, 3-3)
Chapter 3, Project Description of the General Plan EIR, considers anticipated growth for existing and proposed General Plan Designation as listed in Table 2. General Plan Modify Existing Zoning. The Land Use Designations listed in Table 3-2 Existing and Proposed Land Use Designations of the General Plan EIR display density ranges for mix of existing land use designations that will comprise the new place type; these density ranges are consistent with the recommendations listed in proposed Interim Development Code update (Project Description, 3-6).

2.2 FINDINGS
The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA.

There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the certification of the General Plan EIR. As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impa cts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162

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requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.

The following identifies the standards in CEQA Guidelines Section 15162 as they relate to the project.

1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The proposed project will align the new zoning districts as shown in the Interim Development Code update with the l and use designations including the addition of form- based code components and mixed-use place type descriptions assumed in the General Plan EIR . The proposed changes are consistent with the General Plan as evaluated in the General Plan EIR. Therefore, the updates to the Development code would not change the conclusions of the EIR and would not require revisions to the General Plan EIR due to new significant environmental effects or a substa ntial increase in the severity of previously identified significant effects.

2. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that the project will have one or more significant effects not discussed in the previous EIR.

The policies and implementation measures identified in the General Plan EIR would continue to apply to all development in the city and would have the same effect to reduce or eliminate environmental impacts as disclosed in the General Plan EIR. The amendments to the Development Code were discussed in the General Plan EIR, and there is nothing in the proposed project that was not known and could not have been known at the time the General Plan EIR was certified demonstrating that the project would have one or more significant effects not discussed in the EIR. Therefore, no new impacts would occur because of future development. Because a development project must be consistent with the General Plan, zoning, and development standards of the City, the resulting impacts would be the same as those disclosed in the certified General Plan EIR.

3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that s ignificant effects previously examined will be substantially more severe than shown in the previous EIR.

Implementation of the proposed project would have the same significant impacts as those disclosed in the General Plan EIR. The General Plan policies and implementation measures identified in the General Plan EIR to reduce physical environmental effects would apply to all new development. These policies would have the same effect in reducing or eliminating environmental impacts as disclosed in the General Plan EIR . There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR.

4. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that mitigation measures or alternatives previously found

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not to be feasible would in fact be feasible and would substantially r educe one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project will align the zoning districts in the City of Rancho Cucamonga with the General Plan Land Use Map as evaluated by the General Plan EIR. All policies and implementation measures identified in the General Plan EIR would continue to apply to all development in the city and would have the same effect in reducing or eliminating environmental impacts as disclosed in the General Plan EIR. The proposed project would not change the assumptions described in the General Plan EIR and, therefore, would not substantially change the conclusions of the EIR or require new mitigation measures.

5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete demonstrating that m itigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project changes would not result in an increase of overall development intensity and the resulting impacts would be the same as those disclosed in the certified General Plan EIR. Therefore, no new mitigation measures or alternatives to the proposed project would be required.

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ORDINANCE NO.1001

AN ORDINANCE OF THE CITY COUNCIL OF RANCHO

CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL

ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA

A. Recitals.

1. On April 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Zoning Map Amendment and, following the conclusion thereof, adopted Planning Commission Resolution No. 22-14, recommending that the City Council of the City of Rancho Cucamonga adopt the proposed Zoning Map Amendment.

2. On May 18, 2022 , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Zoning Map Amendment.

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

B. Ordinance.

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

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

a. On December 15, 20 21, the City Council of the City of Rancho Cucamonga adopted Resolution Number 2021-132, updating the City’s General Plan; and b. State law requires that zoning be consistent with maps and policies in the General Plan. Uses and densities/intensities are permitted if they are consistent with both the General Plan land use designation and zoning of the property. When a zoning ordinance becomes inconsistent due to a General Plan amendment, a city must enact a consistent zoning ordinance within a reasonable time; and
c. The City desires to adopt a revised official Zoning Map in order to (i) implement zoning consistent with the place types and general plan designations reflected in the City’s updated General Plan adopted in December 2021; and (ii) ensure compliance with applicable State law; and
d. The City has prepared a revised official Zoning Map that implements the place types and general plan designations of the General Plan, which was updated in 2021 . The City made the Public Draft Development Code Update (“Public Draft”) available for public review in April 7, 2022. The Public Draft is a comprehensive revision to the existing zoning map and all new zones indicated on the revised zoning map are incorporated with development standards in the update of Title 17 of the Rancho Cucamonga Municipal Code considered concurrently with this zoning map amendment.

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ORDINANCE NO. 1001

ZONING MAP AMENDMENT
May 18, 2022

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SECTION 3 : The City has prepared an Addendum (the “Addendum”) to the City of Rancho Cucamonga General Plan Environmental Impact Report (SCH# 2021050261) (the “Final EIR”) prepared for the Rancho Cucamonga General Plan Update, attached as Attachment B to Ordinance No. 1000 which confirms that the environmental impacts stemming from the proposed Zoning Map Amendment were adequately addressed in the Final EIR and that neither a subsequent EIR , a supplemental EIR, nor a negative declaration is required for the proposed Zoning Map A mendment. The City Council finds that the Addendum complies with the California Environmental Quality Act, its implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City’s local CEQA guidelines (collectively “CEQA”) based also on the following specific findings and determinations:
a. On April 27, 2022, the Planning Commission conducted duly noticed public hearings to consider the proposed Zoning Map Amendment and the Addendum, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the proposed Zoning Map Amendment and adopted Planning Commission Resolution No. 22- 14 recommending that City Council adopt the Addendum.
b. On May 18, 2022, the City Council, at a duly noticed public hearing, considered the proposed Zoning Map Amendment and the Addendum, at which time the City s taff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the proposed Zoning Map Amendment and the Addendum. Based upon the evidence presented at the hearings, including the staff report and oral testimony, the City Council, by separate Ordinance No. 1000 adopted on May 18, 2022, adopted the Addendum for the proposed Zoning Map Amendment as set forth in Attachment B to Ordinance No. 1000. c. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.
d. The custodian of records for the Addendum, documents , and other materials that constitute the record of the proceedings upon which the City Council’s decision wa s based, including, without limitation, the staff reports for the proposed Zoning Map Amendment, all of the materials that comprise and support the Addendum to the certified Final EIR and all of the materials that support the staff reports for the proposed Zoning Map Amendment , is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730.

SECTION 4 : Based on the foregoing, the City Council hereby adopts the proposed Zoning Map Amendment, attached to this Ordinance and incorporated herein by reference as Attachment A, as the City’s official Zoning Map. The official Zoning Map attached as Attachment A replaces, in its entirety, the City's existing official Zoning Map.

SECTION 5: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a

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ORDINANCE NO. 1001

ZONING MAP AMENDMENT
May 18, 2022

Page 3 ends

court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause its publication in accordance with applicable law.

___________________________________
L. Dennis Michael, Mayor
ATTEST: ___________________________________
Janice C. Reynolds, City Clerk
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of May, 2022, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on ____________, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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ORDINANCE NO. 1001

ZONING MAP AMENDMENT
May 18, 2022

Page 4 ends

Attachment A – Zoning Map Amendment

The Public Review Draft of the Zoning Map is available online for review at:

Public Review Draft Zoning Map (Title 17)

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ORDINANCE NO.1002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, REPEALING THE

ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC

PLAN, ETIWANDA HIGHLANDS PLANNED COMMUNITY ,

TERRA V ISTA PLANNED COMMUNITY AND VICTORIA

PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES

SPECIFIC PLAN TO AMEND THE BOUNDARIES OF THE PLAN

AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN ,

AND MAKING FINDINGS PURSUANT TO CEQA

A. Recitals.

1. On April 27, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Zoning Map Amendment and, following the conclusion thereof, adopted its Resolution No. 22 -14, recommending that the City Council of the City of Rancho Cucamonga repeal of the Etiwanda Specific Plan, Etiwanda North Specific Plan, Etiwanda Highlands Planned Community, Terra Vista Planned Community, Victoria Planned Community and amend the Empire Lakes Specific Plan.

2. On May 18, 2022 , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed repeal of the Etiwanda Specific Plan, Etiwanda North Specific Plan, Etiwanda Highlands Planned Community, Terra Vista Planned Community, Victoria Planned Community and proposed amendments to the Empire Lakes Specific Plan.

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

B. Ordinance.

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

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

a. On December 15, 20 21, the City Council of the City of Rancho Cucamonga adopted Resolution Number 2021-132, updating the City’s General Plan; and b. Special planning areas are geographic areas within the city that have adopted plans with unique use, development, and/or design regulations that vary or deviate from the citywide zoning and development standards. Throughout the United States, special planning areas are created for a variety of reasons, including but not limited to private development applications for master planned communities, protection of unique resources (e.g., historic district, environmental protection), special site considerations (e.g., hillside development, scenic corridors), and/or special use considerations (e.g., targeted use areas, redevelopment opportunities). Since incorporation, special planning areas in the city have been established for all of the above listed reasons. Two such types of special planning areas are Specific Plans and Planned Communities.

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ORDINANCE NO. 1002

SPECIFIC PLAN AMENDMENTS
May 18, 2022

Page 2 ends

c. Over the last 40 years, the City has adopted many specific plans and planned communities, including:

1. Etiwanda Specific Plan – Adopted in 1985

2. Etiwanda North Specific Plan – Adopted in 1992

3. Etiwanda Highlands Planned Community – Adopted in 1988

4. Terra Vista Planned Community – Adopted in 1983

5. Victoria Planned Community – Adopted in 1981

6. Empire Lakes Specific Plan – Adopted in 1994
d. These plans have been amended numerous times since their initial adoption.

Many of these specific plan areas are nearly or completely built out. Because many of the City’s specific plans and planned communities were prepared over 30 years ago, they are difficult to interpret and amendments are often required to accommodate different types of development not contemplated in the 1980s and 1990s.
e. The City desires to repeal these specific plans in order to (i) reduce inconsistencies between these plans and the Development Code and (ii) implement zoning consistent with the place types and general plan designations reflect ed in the City’s updated General Plan, adopted in December 2021; and
f. The City has incorporated applicable standards from these plans in the Development Code to avoid the creation of non-conforming uses and structures; and g. The Empire Lakes Specific Plan is nearly built out, with the exception of the area between 4
th Street and the Metrolink Railroad tracks, bounded immediately to the east and west of The Resort Parkway, previously known as the Empire Lakes Golf Course. h. The City desires to amend the Empire Lakes Specific plan to reduce the boundaries to the area between 4 th Street and the Metrolink Railroad tracks, bounded immediately to the east and west of The Resort Parkway, previously known as the Empire Lakes Golf Course. This portion of the Empire Lakes Specific Plan was amended in 2015 to allow for redevelopment of the Golf Course to allow for housing and some retail uses. The remaining portion of the boundaries of the Empire Lakes Specific Plan would be incorporated into the Development Code.

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ORDINANCE NO. 1002

SPECIFIC PLAN AMENDMENTS
May 18, 2022

Page 3 ends

of Regulations § 15000 et seq., and the City’s local CEQA guidelines (collectively “CEQA”) based also on the following specific findings and determinations:
a. On April 27, 2022, the Planning Commission conducted duly noticed public hearings to consider the proposed Zoning Map Amendment and the Addendum, reviewed the staff report, accepted and considered public testimony. After due consideration, the Planning Commission found that agencies and interested members of the public were afforded ampl e notice and opportunity to comment on the proposed Zoning Map Amendment and adopted Planning Commission Resolution No. 22- 14 recommending that City Council adopt the Addendum.
b. On May 18, 2022, the City Council, at a duly noticed public hearing, considered the proposed Zoning Map Amendment and the Addendum, at which time the City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the proposed Zoning Map Amendment and the Addendum. Based upon the evidence presented at the hearings, including the staff report and oral testimony, the City Council, by separate Ordinance No. 1000 adopted on May 18, 2022, adopted the Addendum for the proposed Zoning Map Amendment as set forth in Attachment B to Ordinance No.1000. c. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.
d. The custodian of records for the Addendum, documents , and other materials that constitute the record of the proceedings upon which the City Council’s decision wa s based, including, without limitation, the staff reports for the proposed Zoning Map Amendment, all of the materials that comprise and support the Addendum to the certified Final EIR and all of the materials that support the staff reports for the proposed Zoning Map Amendment , is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730.

SECTION 4: The City Council hereby repeals the Etiwanda Specific Plan in its entirety.

SECTION 5 : The City Council hereby repeals the Etiwanda North Specific Plan in its entirety.

SECTION 6 : The City Council hereby repeals the Etiwanda Highlands Planned Community in its entirety.

SECTION 7: The City Council hereby repeals the Terra Vista Planned Community in its entirety.

SECTION 8 : The City Council hereby repeals the Victoria Planned Community in its entirety.

SECTION 9 : The City Council hereby amends the Empire Lakes Specific Plan and renames the plan The Resort Specific Plan as shown in Attachment A.

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ORDINANCE NO. 1002

SPECIFIC PLAN AMENDMENTS
May 18, 2022

Page 4 ends

SECTION 11: The City Clerk shall certify to the adoption of this Ordinance.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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ORDINANCE NO. 1002

SPECIFIC PLAN AMENDMENTS
May 18, 2022

Page 5 ends

Attachment A – The Resort Specific Plan

The Public Review Draft of the Resort Specific Plan is available online for review at:

Draft Resort Specific Plan

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DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE

RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO
SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL.

RECOMMENDATION:

Staff recommends that the City Council waive full reading and adopt Ordinance No. 1003.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of May 18, 2022. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Michael.

ANALYSIS:

Please refer to the May 18, 2022, City Council staff report.

FISCAL IMPACT:

Please refer to the May 18, 2022, City Council staff report.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item is in keeping with the Council’s core value of working together cooperatively and respectfully with each other, staff, and all stakeholders.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1003

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Ordinance No. 1003 - Page 1 of 2
ORDINANCE NO. 1003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, AMENDING
SECTION 2.16.030 OF THE RANCHO CUCAMONGA

MUNICIPAL CODE PERTAINING TO SALARIES FOR

MAYOR AND MEMBERS OF THE CITY COUNCIL
The City Council of the City of Rancho Cucamonga does ordain as follows:

A. RECITALS

1. California Government Code Section 36516 provides, in pertinent part, as follows:
"(a) A City Council may enact an ordinance providing that each member of the City Council shall receive a salary."

2. Government Code subsection 36516(c) allows Council salaries to be increased by ordinance in an amount not to exceed 5% for each full calendar year from the operative date of the last Council salary adjustment.

3. Two full calendar years have elapsed since the effective date of the last Council salary adjustment which set the salary at $1,452 per month, effective as of December 2020. However, this Council intends to modify Council salaries to be commensurate with staff total compensation increases anticipated in the coming fiscal year, but not to exceed the limit of 5% for each calendar year for each of the past two full calendar years.

4. Government Code Section 36516.1 provides authority for a directly elected Mayor of a general law city to be provided with additional compensation.

B. ORDINANCE

IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS FOLLOWS:

Section 1. Subsection A of Section 2.16.030 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows:
"2.16.030 Salary amount and waiver.
"A. Each member of the City Council other than the Mayor shall receive as salary the sum of one thousand four hundred eighty-eight dollars ($1,488) per month. The Mayor shall receive the sum of one thousand six hundred forty-nine dollars ($1,649) per month. The salary shall be paid at the same time and in the same manner as salaries are paid to other officers and employees of the City.

Section 2. The salary increases provided for in this Ordinance shall become available to the members of this Council during December 2022.

Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in accordance with applicable law.

ATTACHMENT 1

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Ordinance No. 1003 - Page 2 of 2
PASSED, APPROVED, AND ADOPTED this ___ day of _____________ 2022.

L. Dennis Michael, Mayor
ATTEST:

Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the __ day of ______________, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the ____ day of ______, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED
Executed this ______ day of ________, 2022, at Rancho Cucamonga, California.

Janice C. Reynolds, City Clerk

Page 212 ends

DATE:June 1, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration of Resolutions for the Formation of Community Facilities District No. 2022-01 and Community Facilities District No. 2022-02 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022-061, 2022-062, 2022- 063, 2022-064, 2022-065, 2022-066, 2022-067 AND 2022-068) (ORDINANCE NOS. 1005 AND 1006) (CITY)
RECOMMENDATION:

It is recommended the City Council take the following actions, in the specified order, for the proposed Community Facilities District No. 2022-01 ("Street Lighting CFD") and Community Facilities District No. 2022-02 ("Industrial Services CFD") (collectively, the "Districts"):

1. Conduct separate public hearings to receive comments, questions, and protests from the public on the formation of the Districts;

2. Adopt Resolutions for the Formation of the Districts;

3. Adopt Resolutions for the Future Annexation of the Districts;

4. Adopt Resolutions to Conduct an Election of Qualified Voters for the Districts;

5. Conduct separate special elections for Street Lighting CFD and Industrial Services CFD;

6. Adopt Resolutions Declaring the Results of the Election for the Districts; and

7. Call for separate motions for the first reading of ordinances to levy a special by title only for Street Lighting CFD and Industrial Services CFD
BACKGROUND:

The City initiated the Districts and collaborated with Bridge Point Rancho Cucamonga, LLC ("Bridge") as the initial property owner to annex into the Districts. The initial property location for the Districts 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.

On April 20, 2022, the City Council adopted multiple resolutions related to the Districts, including Resolutions of Intention and Resolutions to Annex Territory in the Future. As part of those resolutions, a public hearing was set for June 1, 2022, to take public testimony regarding the Districts and conduct an election with Bridge.

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Before the City Council meeting on April 20, 2022, Bridge submitted a petition demonstrating their concurrence to form the Districts and their consent of the proposed levy. Additionally, the City submitted a petition for the Districts requesting the City Council initiate proceedings to annex territory in the future. Both petitions are on file with the City Clerk.

The staff report for April 20, 2022, provided background and analysis for the proposed Districts.

However, an overview of the proposed Districts is provided below.

Street Lighting CFD 2022-01: The City's existing Street Lighting Districts ("SLD") were intended to offset operations and maintenance costs for street lighting associated with new development.

However, since Proposition 218 in 1996, the SLDs cannot increase the assessment rate and keep pace with rising operating costs, resulting in the City's General Fund, per the city policy authorized by the City Council, subsidizing services for certain SLDs. Eventually, all the SLDs will face similar financial issues due to the inability to increase assessment revenues.

The proposed Street Lighting CFD helps address financial shortfalls caused by annexing new development into the existing SLDs, as the Street Lighting CFD can increase rates annually. As this will only apply to future development, the Street Lighting CFD does not solve the fiscal challenges of the original SLDs but will begin to help prevent the fiscal situation from worsening as a result of new development.

The proposed Street Lighting CFD rates are based on the actual 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, such as mixed-use development and accessory dwelling units. These are not included in the existing SLDs but are necessary for current and future development.

The table below compares the proposed Street Lighting CFD rates for single family and the corresponding SLD rates. Street Lighting CFD Zone 6 and SLD 6 assess commercial and industrial properties only.

Land Use Type: SLD 1 CFD Zone 1
Single Family $17.77 per unit $22.67 per unit
Land Use Type: SLD 2 CFD Zone 2
Single Family $39.97 per unit $75.17 per unit
Land Use Type: SLD 3 CFD Zone 3
Single Family $47.15 per unit $47.15 per unit
Land Use Type: SLD 4 CFD Zone 4
Single Family $28.96 per unit $28.96 per unit
Land Use Type: SLD 5 CFD Zone 5
Single Family $34.60 per unit $63.79 per unit
Land Use Type: SLD 6 CFD Zone 6
Non-Residential $51.40 per acre $51.40 per acre

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Land Use Type: SLD 7 CFD Zone 7
Single Family $33.32 per unit $58.64 per unit
Land Use Type: SLD 8 CFD Zone 8
Single Family $30.60 per unit $37.79 per unit
Industrial Services CFD: The "Legacy" industrial area started being redeveloped in late 2020. At that time, the City Council took action to create a strategic pause in order to analyze and evaluate the City's industrial code and the financial impacts that industrial development has on City infrastructure and services.

The City developed a Fiscal Impact Analysis (FIA), which calculated a revenue shortfall of almost $3.5 million between projected revenues from future industrial development and estimated impacts to City infrastructure and services. The shortfall equated to approximately $12,000 per acre, which was financially infeasible for industrial developers. Staff met with several industrial developers and brokers to discuss and evaluate market rents, property maintenance, development costs, existing and planned governmental taxes, and reasonable rates of return on investments. A rate of $5,852 per acre was determined to be financially feasible. On an annual basis, the City will evaluate revenues and expenditures for the services to the industrial area and adjust the Industrial Services CFD rate.

The proposed Industrial Services 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.

ANALYSIS:

Following the City Council's adoption of the resolutions on April 20, 2022, specific actions needed to be taken as required by the California Government Code regarding community facilities districts (Government Code Sections 53311-53368.3). These actions are outlined below. On May 4, 2022, boundary maps were recorded with the County of San Bernardino. The reference for the recorded information and four boundary maps as follows:

Street Lighting CFD "Formation Map"
Recorded Document No. 2022-0167399
Book 90, Page 22; Recorded Wednesday, May 4, 2022
Street Lighting CFD "Future Annexation Area Map"
Recorded Document No. 2022-0169359
Book 90, Page 25; Recorded Thursday, May 5, 2022
Industrial Services CFD "Formation Map"
Recorded Document No. 2022-0167398
Book 90, Page 21; Recorded Wednesday, May 4, 2022
Industrial Services CFD "Future Annexation Area Map"
Recorded Document No. 2022-0169360
Book 90, Page 26; Recorded Thursday, May 5, 2022

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On May 17, 2022, notices of the public hearings were published in the Inland Valley Daily Bulletin and mailed to Bridge.
On May 17, 2022, Best Best & Krieger mailed the Consent and Waiver and Appointment of Authorized Representative documents to the property owner. These documents reduce the time needed to conduct the election for the proposed Districts and the appointment of a representative for the property owner. This representative will be authorized to vote on behalf of the property owner in the special election for the Districts that will be held this evening.
Best Best & Krieger has also obtained a letter from the County Registrar of Voters verifying fewer than 12 registered voters on the property proposed to be annexed into the Districts.

Additionally, a Special Tax Report which contains a brief description and costs of the public facilities and services to be provided by the Districts was prepared by NBS. These documents are on file with the City Clerk.

The City Council will first open the public hearing for the Street Lighting CFD and receive public written and oral comments. After closing that public hearing the City Council will open the second public hearing for the Industrial Services CFD. Following the closing of the second public hearing the City Council will be requested to consider adopting the Resolutions for the Formation of the Districts.

If the City Council approves the Resolutions for the Formation of the Districts, the City Council will then consider the Resolutions for the Future Annexation of the Districts. This set of resolutions aims to streamline the process for future annexations into the Street Lighting CFD, the Industrial Services CFD, or both, for future development as appropriate. This streamlined process will reduce the number of City Council meetings required to annex development into the Districts from three to one.

An outline of the process to annex future development into the Districts is as follows:

1. The property owner completes and submits petitions to initiate the annexation proceedings.

2. City staff will provide the applicant with the applicable rate and method of apportionment, consent a waiver, registrar voters certification, and ballot package.

3. The City Clerk will canvass the votes from the ballot package.

4. The City will prepare a boundary map to be recorded with the County of San Bernardino.

5. The City Council will consider a resolution certifying election results on the consent calendar.

6. An amended Notice of Special Tax Lien will be recorded with the County of San Bernardino.

Following these two actions (Resolution for the Formation and Resolution for the Future Annexation of the Districts), the City Council will consider Resolutions to Conduct an Election of Qualified Voters for the Districts and will then conduct the elections of the qualified voters for the Districts. Although the Resolutions to Conduct an Election of Qualified Votes can be approved simultaneously, the Street Lighting CFD and Industrial Services CFD ballots should be canvassed by the City Clerk separately.

After the ballots are tabulated, the City Council will be requested to consider adopting Resolutions Declaring the Results of the Election for the Districts.

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Should the City Council adopt the above resolutions and receive a favorable two-thirds vote of the qualified electors, the City Council will conduct the first reading of ordinances to levy a special tax by title only for Street Lighting CFD and Industrial Services CFD. Following the meeting, a Notice of Special Tax Lien for each of the Districts will be recorded with the San Bernardino County Recorder's Office.

A second reading of the Ordinances will then take place on June 15, 2022, completing the formation of the CFDs.

FISCAL IMPACT:

The total fiscal impacts of the Street Lighting CFD and Industrial Services 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, resulting 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 Services 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 Services 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 Forming and Establishing CFD 2022-01 Attachment 2: Resolution Forming and Establishing CFD 2022-02 Attachment 3: Resolution Authorizing Annexation of Territory in the Future CFD 2022-01 Attachment 4: Resolution Authorizing Annexation of Territory in the Future CFD 2022-02 Attachment 5: Resolution Calling a Special Election CFD 2022-01 Attachment 6: Resolution Calling a Special Election CFD 2022-02 Attachment 7: Resolution Declaring the Results of a Special Election CFD 2022-01 Attachment 8: Resolution Declaring the Results of Special Election CFD 2022-02 Attachment 9: Ordinance Authorizing the Levy of a Special Tax CFD 2022-01 Attachment 10: Ordinance Authorizing the Levy of a Special Tax CFD 2022-02

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RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING

SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AND

AUTHORIZING SUBMITTAL OF THE LEVY OF A SPECIAL TAX TO THE

QUALIFIED ELECTOR
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has, by the adoption of Resolution No. 2022-039 (the “Resolution of Intention”), previously declared its intention to form 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 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, notice of a public hearing relating to the establishment of CFD No. 2022-01, the extent of CFD No. 2022-01, the financing of certain types of services by CFD No. 2022-01 and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish CFD No. 2022- 01; and
WHEREAS, all communication relating to the establishment of CFD No. 2022-01, the financing of certain types of services and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and
WHEREAS, the Registrar of Voters of the County of San Bernardino has certified that there are no registered voters residing within the proposed boundaries of CFD No. 2022-01; and
WHEREAS, inasmuch as there are no registered voters within the proposed boundaries of CFD No. 2022-01, the authorization to levy special taxes within CFD No. 2022-01 shall be submitted to the landowner of CFD No. 2022-01, such landowner being the qualified elector as authorized by law.

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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. Determinations. It is hereby determined by the City Council that:

A. All prior proceedings pertaining to the formation of CFD No. 2022-01 were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1.

B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and, therefore, the special tax proposed to be levied within CFD No. 2022-01 has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California.

C. CFD No. 2022-01 as proposed conforms with the City’s statement of goals and policies regarding the establishment of community facilities districts (the “Goals and Policies”).

D. The formation of CFD No. 2022-01 and such authorization to levy the special tax within CFD No. 2022-01 to finance the services identified below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant impact on the environment. Therefore, the formation of CFD No. 2022-01 and the authorization to levy the special tax within CFD No. 2022-01 do not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following).

E. No registered voters have resided within the territory of CFD No. 2022-01 for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified elector of CFD No. 2022-01 shall be the landowner of CFD No. 2022-01 as such term is defined in Government Code Section 53317(f) and such landowner who is the owner of record as of the close of the public hearing pertaining to the formation of CFD No. 2022-01, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that such landowner owns within CFD No. 2022-01.

F. The time limit specified by the Act for conducting an election to submit the levy of the special tax to the qualified elector of CFD No. 2022-01 and the requirements for impartial analysis and ballot arguments have been waived with the consent of the qualified elector of CFD No. 2022-01.

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G. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of the resolution forming and establishing CFD No. 2022-01.

Section 3. Community Facilities District Report. The Community Facilities District Report, as prepared pursuant to the Act and the Resolution of Intention and now submitted and received by this City Council, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein.

Section 4. Name of the Community Facilities District. This legislative body does hereby establish and declare the formation of CFD No. 2022-01 to 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. Boundaries of CFD No. 2022-01. The boundaries of CFD No. 2022-01 thereto are generally described is as follows:

All that property as shown on the Boundary Map as previously approved by this City Council, such map designated as
“Proposed Boundaries of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga” (the “Boundary Map”). The Boundary Map has
been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the San Bernardino County Recorder, in Book 90, Page 22 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0167399.

Section 6. Description of Services. The municipal maintenance services authorized to be financed by CFD No. 2022-01 are not replacing services already available within the boundaries of CFD No. 2022-01. A general description of such services (collectively, the “Authorized Services”), whether provided directly by the City or by a third party contracting with the City or CFD No. 2022-01, that may be financed is set forth in Exhibit A attached hereto and incorporated herein by this reference.

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.

Section 7. Special Tax. 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, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the

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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.

Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in CFD No. 2022-01 and this lien shall continue in force and effect until collection of the special tax by the legislative body ceases.

Section 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by CFD No. 2022-01 of the Special Tax described in Section 7 above:

A. The Special Tax shall be levied for the specific purposes set forth in Section 7 above.

B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 7 above.

C. CFD No. 2022-01 shall establish a separate account into which the proceeds of the Special Tax shall be deposited.

D. The Finance Director of the City, or his or her designee, acting for and on behalf of CFD No. 2022-01, shall annually file a report with the City as required pursuant to Government Code Section 50075.3.

Section 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department, or bureau which will be responsible for preparing annually a current roll of Special Tax levy obligations by Assessor’s parcel number and which shall be responsible for estimating future Special Tax levies pursuant to Section 53340.2 of the Government Code of the State of California, are as follows:

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City of Rancho Cucamonga Finance Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-774-2402
Section 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified elector of CFD No. 2022-01, such elector being the landowner of the property within CFD No. 2022-01, with such landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District.

This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special taxes within CFD No. 2022-01 be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for CFD No. 2022-01.

The proposition related to the levy of the special taxes, together with a proposition to establish an appropriations limit for CFD No. 2022-01, shall be submitted to the qualified elector of CFD No. 2022-01 at a special election to be held on (a) June 1, 2022, immediately following the adoption of this resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special taxes receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution.

Section 11. Ballot Propositions. The ballot proposals to be submitted to the qualified elector of CFD No. 2022-01 at the election shall generally be as follows:

PROPOSITION A
Shall Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-01 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-01?

PROPOSITION B
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California in the

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amount of $500,000?
Section 12. Vote. The appropriate mark placed in the voting square before the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square before the word “NO” in the manner as authorized, shall be counted against the adoption of such proposition.

Section 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following:

1. Prepare and furnish the necessary election supplies for the conduct of the election.

2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms.

3. Furnish official ballots for the qualified elector of CFD No. 2022-01.

4. Cause the official ballots to be presented to the qualified elector, as required by law.

5. Receive the returns of the election and supplies.

6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns.

7. Canvass the return of the election.

8. Furnish a tabulation of the number of votes given in the election.

9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. [Remainder of this page intentionally left blank.]

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Section 14. 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 1st day of June, 2022, by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
Exhibit B

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ATTACHMENT 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.

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EXHIBIT B

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX 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

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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. “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 May 4, 2022 in Book 90 at Page 22 as Document Number 2022-0167399. “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.

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“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. “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

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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. “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.

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“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.

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.

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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.

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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.

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.

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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 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.

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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.

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RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA

SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AND

AUTHORIZING SUBMITTAL OF THE LEVY OF A SPECIAL TAX TO THE

QUALIFIED ELECTOR
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the “City”), has, by the adoption of Resolution No. 2022-041 (the “Resolution of Intention”), previously declared its intention to form 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 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, notice of a public hearing relating to the establishment of CFD No. 2022-02, the extent of CFD No. 2022-02, the financing of certain types of services by CFD No. 2022-02 and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish CFD No. 2022- 02; and
WHEREAS, all communication relating to the establishment of CFD No. 2022-02, the financing of certain types of services and the proposed rate and method of apportionment of special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and
WHEREAS, the Registrar of Voters of the County of San Bernardino has certified that there are no registered voters residing within the proposed boundaries of CFD No. 2022-02; and
WHEREAS, inasmuch as there are no registered voters within the proposed boundaries of CFD No. 2022-02, the authorization to levy special taxes within CFD No. 2022-02 shall be submitted to the landowner of CFD No. 2022-02, such landowner being the qualified elector as authorized by law.

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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. Determinations. It is hereby determined by the City Council that:

A. All prior proceedings pertaining to the formation of CFD No. 2022-02 were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1.

B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Act and, therefore, the special tax proposed to be levied within CFD No. 2022-02 has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California.

C. CFD No. 2022-02 as proposed conforms with the City’s statement of goals and policies regarding the establishment of community facilities districts (the “Goals and Policies”).

D. The formation of CFD No. 2022-02 and such authorization to levy the special tax within CFD No. 2022-02 to finance the services identified below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant impact on the environment. Therefore, the formation of CFD No. 2022-02 and the authorization to levy the special tax within CFD No. 2022-02 do not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following).

E. No registered voters have resided within the territory of CFD No. 2022-02 for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified elector of CFD No. 2022-02 shall be the landowner of CFD No. 2022-02 as such term is defined in Government Code Section 53317(f) and such landowner who is the owner of record as of the close of the public hearing pertaining to the formation of CFD No. 2022-02, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that such landowner owns within CFD No. 2022-02.

F. The time limit specified by the Act for conducting an election to submit the levy of the special tax to the qualified elector of CFD No. 2022-02 and the requirements for impartial analysis and ballot arguments have been waived with the consent of the qualified elector of CFD No. 2022-02.

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G. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of the resolution forming and establishing CFD No. 2022-02.

Section 4. Name of the Community Facilities District. This legislative body does hereby establish and declare the formation of CFD No. 2022-02 to 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. Boundaries of CFD No. 2022-02. The boundaries of CFD No. 2022-02 thereto are generally described is as follows:

All that property as shown on the Boundary Map as previously approved by this City Council, such map designated as
“Proposed Boundaries of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga” (the “Boundary Map”). The Boundary Map has
been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the San Bernardino County Recorder, in Book 90, Page 21 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0167398.

Section 6. Description of Services. The municipal maintenance services authorized to be financed by CFD No. 2022-02 are not replacing services already available within the boundaries of CFD No. 2022-02. A general description of such services (collectively, the “Authorized Services”), whether provided directly by the City or by a third party contracting with the City or CFD No. 2022-02, that may be financed is set forth in Exhibit A attached hereto and incorporated herein by this reference.

Section 7. Special Tax. 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

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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.

Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in CFD No. 2022-02 and this lien shall continue in force and effect until collection of the special tax by the legislative body ceases.

A. The Special Tax shall be levied for the specific purposes set forth in Section 7 above.

B. The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 7 above.

C. CFD No. 2022-02 shall establish a separate account into which the proceeds of the Special Tax shall be deposited.

D. The Finance Director of the City, or his or her designee, acting for and on behalf of CFD No. 2022-02, shall annually file a report with the City as required pursuant to Government Code Section 50075.3.

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City of Rancho Cucamonga Finance Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-774-2402
Section 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified elector of CFD No. 2022-02, such elector being the landowner of the property within CFD No. 2022-02, with such landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District.

This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special taxes within CFD No. 2022-02 be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for CFD No. 2022-02.

The proposition related to the levy of the special taxes, together with a proposition to establish an appropriations limit for CFD No. 2022-02, shall be submitted to the qualified elector of CFD No. 2022-02 at a special election to be held on (a) June 1, 2022, immediately following the adoption of this resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special taxes receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution.

Section 11. Ballot Propositions. The ballot proposals to be submitted to the qualified elector of CFD No. 2022-02 at the election shall generally be as follows:

PROPOSITION A
Shall Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing municipal maintenance services, including but not limited to the services set forth in Attachment B to this Official Ballot to meet the increased demand for such services resulting from new development within CFD No. 2022-02 and the cost of administering the levy and collection of the special taxes and CFD No. 2022-02?

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Rancho Cucamonga, County of San Bernardino, State of California in the amount of $3,000,000?
Section 12. Vote. The appropriate mark placed in the voting square before the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square before the word “NO” in the manner as authorized, shall be counted against the adoption of such proposition.

1. Prepare and furnish the necessary election supplies for the conduct of the election.

2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms.

3. Furnish official ballots for the qualified elector of CFD No. 2022-02.

4. Cause the official ballots to be presented to the qualified elector, as required by law.

5. Receive the returns of the election and supplies.

6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns.

7. Canvass the return of the election.

8. Furnish a tabulation of the number of votes given in the election.

9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. [Remainder of this page intentionally left blank.]

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Section 14. 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 1st day of June, 2022, by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED
L. DENNIS MICHAEL, MAYOR
ATTEST
JANICE C. REYNOLDS, CITY CLERK
Attachments: Exhibit A
Exhibit B

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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

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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. “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 May 4, 2022 in Book 90 at Page 21 as Document Number 2022-0167398. “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.

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“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. “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

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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 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
Article I.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

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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.

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.

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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.

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

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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.

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

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RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING

SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING

THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH

COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Rancho Cucamonga (the "City") has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) 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; and WHEREAS, notice of such public hearing was given in the form and manner as required by the Act; and
WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has been determined that a majority protest as defined by Government Code Section 53339.6 has not been received against the authorization to annex territory in the future to CFD No. 2022-01; and WHEREAS, it has now been 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 taxes that would be authorized to be levied on any parcels that may be annexed to CFD No. 2022-01 in the future, as well as setting forth the terms and conditions for certification for 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 "Future Annexation Area, Community Facilities District No. 2022-01 (Street Lighting Services), City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future has been approved and a copy thereof shall be kept on file 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. Determinations. It is hereby determined by this City Council as follows:

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A. All prior proceedings pertaining to authorization for the annexation of the Future Annexation Area to CFD No. 2022-01 in the future were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1.

B. The written protests against the authorization for the annexation of the Future Annexation Area to CFD No. 2022-01 in the future received do not represent a majority protest as defined by Government Code Section 53339.6 and, therefore, the authorization for the annexation of the Future Annexation Area to CFD No. 2022-01 in the future has not been precluded by majority protest pursuant to Government Code Section 53339.6.

C. The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to CFD No. 2022-01 in order to finance the costs and expenses necessary to provide the public services described below made necessary by the development or redevelopment of such territory.

D. The authorization for the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future as proposed conforms with the City of Rancho Cucamonga’s statement of goals and policies regarding the establishment of community facilities districts.

E. The provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future and the authorization to levy special taxes of territory within the Future Annexation Area upon the annexation thereof to CFD No. 2022-01 to finance the public services described below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future and the authorization to levy special taxes within such territory upon the annexation thereof to CFD No. 2022-01 does not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following).

Section 3. Annexation Authority. This legislative body does hereby authorize the annexation of territory within the Future Annexation Area to CFD No. 2022-01 in the future pursuant to the provisions and authorization of Article 3.5 of the Act.

Section 4. Description of the Future Annexation Area. A description of the Future Annexation Area 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 a

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map as previously approved by this legislative body, said 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" (the “Future Annexation Area Map”), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. The Future Annexation Area Map has been filed in the Office of the San Bernardino County Recorder, in Book 90, Page 25 of Maps of Assessment and Community Facilities Districts and as Document No. 2022-0169359.

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

Section 5. 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 territory within the Future Annexation Area.

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 CFD No. 2022-01 and the Future Annexation Area.

Section 6. Special Tax. It is the intention of this legislative body 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 territory within the Future Annexation Area that annexes to CFD No. 2022-01, will be levied annually within the boundaries of such territory upon the annexation thereof to CFD No. 2022-01. 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 the 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

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Rancho Cucamonga City CouncilJune 1, 2022

Rancho Cucamonga City Council
June 1, 2022