Agenda packet — Eastvale City Council, January 25, 2023 (part 2 of 2)

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Gap Closure
PROJECT DESCRIPTION: Project will connect from 2,450 LF east of Hellman Ave to Archibald Avenue. The total length of the proposed project is approximately 3,200 LF including a bridge over the Cucamonga Creek. Both road and bridge will serve 4 lanes of traffic including bicycle and pedestrian facilities. A separate pedestrian bridge over the Cucamonga Creek little south of the proposed vehicular bridge, as shown on the below map, is also part of this project.

PROJECT STATUS: 95% plans and specifications under review.

Construction Management service procured.

Working with various agencies to obtain necessary permits.

PROJECT SCHEDULE: Design contract award date - May 22, 2019 30% design completed - December 2019
NOD filed - December 2020
90% design - November 2021
Estimated 100% design - January 2023
PROJECT MAP:

Proposed Limonite Ave Bridge
Proposed Pedestrian Bridge
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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Improvement of Bike Network Connectivity/ATP Trails PROJECT DESCRIPTION: Project will design and construct nearly 5 miles of trails running along Scholar Way and Harrison Avenue. The project will provide dedicated space for people to bike and walk from north Eastvale to the Santa Ana River Trail on the south.

PROJECT STATUS: Design contract was awarded to Mark Thomas. Preliminary design work has started. Community outreach meeting was held January 22, 2022. Currently working with Caltrans to approve scope change to change from Class IV with lane reduction to Class I with no lane reduction.

PROJECT SCHEDULE: Mark Thomas is performing Phase 1B efforts consisting of preliminary design and public outreach.

PROJECT MAP:

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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Schleisman Road Safety and Connectivity Project PROJECT DESCRIPTION: Project will design and construct dedicated space for people to bike and walk along Schleisman Road between Hamner Avenue and Sumner Avenue.

PROJECT STATUS: Conceptual development contract was awarded to Conceptual Design & Planning Company.

PROJECT SCHEDULE: Once conceptual plan is completed, City will solicit proposals for development of plans and specifications.

PROJECT MAP:

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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Avenue Signal Synchronization
PROJECT DESCRIPTION: Project will design and install necessary equipment to synchronize traffic signals along Limonite Avenue.

PROJECT STATUS: Construction contract was awarded to Belco on May 11, 2022 to install necessary infrastructure to synchronize the traffic signals, and construction is underway.

PROJECT SCHEDULE: There is a long lead time on the necessary materials to connect the traffic signals with fiber-optic. As an interim solution, City has successfully synchronized the traffic signal suing wireless radios. The construction to install fiber communications has stared and expected to be completed in January 2023.

PROJECT MAP:

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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Citywide Retroreflective Backplate on Traffic Signal Indicator PROJECT DESCRIPTION: Project will design and install retroreflective backplate borders along backplates of traffic signal indicators at 39 signalized intersections to improve the visibility of signals.

PROJECT STATUS: Project is currently bidding for construction.

PROJECT SCHEDULE: The construction is estimated to commence in January 2023.

PROJECT MAP:

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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Traffic Signal Dilemma Zone Detection and Mitigation PROJECT DESCRIPTION: Project will install advanced dilemma zone detection system and associated equipment in existing traffic signal cabinets at 16 signalized intersections to modify signal timing to improve safety for motorists approaching intersections.

PROJECT STATUS: 100% Plans and Specifications have been completed. Currently working on CON allocation request before advertising the project for construction bid.

PROJECT SCHEDULE: The construction is estimated to commence in mid 2023.

PROJECT MAP:

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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: ADA Transition Plan
PROJECT DESCRIPTION: Program includes preparation and implementation of an ADA Self Evaluation Plan as required under the Americans with Disabilities Act (ADA). Future year funding will support removal of ADA barriers as identified in the Plan. Annual program to provide improvements focusing on ADA accessibility, including curb ramps and sidewalks throughout the City.

PROJECT SCHEDULE: This is an on-going project. Currently, field work to identify ADA barriers on City streets including curb ramps and sidewalks is on hold.

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Traffic Sign Inventory
PROJECT DESCRIPTION: The project will improve roadway safety and traffic through upgrades to existing and/or adding new high-visibility traffic signs.

PROJECT SCHEDULE: Inventory of traffic sign has been completed. Field work to collect reflectivity of signs to meet MUTCD has been completed.

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Archibald Avenue/Limonite Avenue Widening Project PROJECT DESCRIPTION: Street widening and safety project for Archibald Avenue from the City of Ontario limits south of the SCE easement, including the intersection at Limonite Avenue and portions of Limonite Avenue east and west of the intersection. The project looks to improve safety and overall circulation in conjunction with the improvements associated with the Homestead and Merge developments, and Limonite Gap Project. Components of the project include, but are not limited to, coordinating with SCE to relocate SCE high-tension support structures.

PROJECT STATUS: • City approved the proposed design plan from SCE on July 14, 2021. • Installation of new transmission poles is completed.
• Construction is estimated to be completed in early 2023 for all overhead lines.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
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PROJECT TYPE: Residential Development
PROJECT NAME: Prado (TR 35751)
PROJECT LOCATION: Southeast corner of Schleisman Road and Cucamonga Flood Channel PROJECT DESCRIPTION: Improvements include a development of a gated community of 243 attached and detached single-family homes on approximately 19 acres.

PROJECT STATUS: Improvements have been completed. Project close-out task is remaining before city council accepts the project as complete.

PROJECT MAP:

SCHLEISMAN RD
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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Commercial Development
PROJECT NAME: The Merge
PROJECT LOCATION: Northeast corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements includes 26 gross acres.

PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:

ARCHIBALD AVE

LIMONITE AVE
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PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch by Transwestern
PROJECT NUMBER: PW19-11322
PROJECT LOCATION: East end of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements include 20 gross acres including 2 light industrial warehouses.

PROJECT STATUS: Onsite and offsite improvements have been completed, the City and Developer are working together to close out the project.

PROJECT MAP:

CUCAMONGA CREEK

HELLMAN AVE
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EASTVALE PUBLIC WORKS

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PROJECT TYPE: Commercial Development
PROJECT NAME: Homestead
PROJECT NUMBER: PW20-10052
PROJECT LOCATION: Northwest corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements include 55.86 gross acres consisting of six industrial buildings
PROJECT STATUS: Onsite and offsite improvements ongoing PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
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EASTVALE PUBLIC WORKS

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PROJECT TYPE: Commercial Development
PROJECT NAME: Vantage Point Church
PROJECT NUMBER: PW15-1174
PROJECT LOCATION: Northeast corner of Archibald Avenue and Prado Basin Park Road PROJECT DESCRIPTION: Improvements include development of an approximate ly 85,000 sq. ft. church which includes a sanctuary, classrooms, cafe, and a bookstore on 10.43 acres.

PROJECT STATUS: Onsite improvement ongoing
Phase 2 anticipated to start in 2023 which will include the widening of Archibald Avenue
PROJECT MAP:

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PROJECT TYPE: Commercial Development
PROJECT NAME: Hamner Place
PROJECT NUMBER: PW18-10712
PROJECT LOCATION: East of Hamner Avenue and Schleisman Road PROJECT DESCRIPTION: Improvements include 21.48 gross acres.

PROJECT STATUS: Onsite improvement ongoing
PROJECT MAP:

HAMNER AVE
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PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch (Parcel 14)
PROJECT NUMBER: PW20-10007
PROJECT LOCATION: East of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements includes the development of 61,000 square foot industrial building.

PROJECT STATUS: Grading started in December 2022
PROJECT MAP:

CUCAMONGA CREEK
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AGENCY GRANT NAME PROJECT NAME GRANT AWARD MATCH DUE DATE STATUS CTC/
Caltrans
Active Transportation Project Improvement of Bike Network Connectivity
$ 6,471,000.00 $ 1,620,000.00 6/30/2025 Under design CTC/
Caltrans
Local Partnership Program Limonite Gap Closure Project 9,475,000.00$ -$ Award construction by June 2023
Grant request has been
approved. Allocation for
construction funds will be
requested in late 2022.

CTC/
Caltrans
Active Transportation Project Southeast Eastvale Safe Routes to School Gap Closures
1,420,000.00$ -$ Construction in FY22/23
Grant request has been
approved
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 10
Advanced Dilemma Zone
Detection
712,800.00$ -$ Under design
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 10
Retroflective Backplate for
Signals
278,100.00$ -$ Under design
CalRecycle Rubberized Pavement Grant
TRP 13
Annual Overlay Project $ 174,999.00 $ - April 1, 2023 Grant request has been approved
RCTC SB821 Bicycle and Pedestrian Safety
Enhancement on Citrus St,
Sumner Ave and River Rd
$ 432,500.00 $ 469,953.00 Under construction as part of the Annual Overlay Project
CAL FIRE Resource Management Grant City of Eastvale Urban Foresty Management
$ 249,925.00 $ 60,024.00 March 30, 2024 Under design Caltrans Highway Safety Improvement
Program (HSIP) Cycle 11
Systemic Roadway and
Intersection Safety
Improvement
2,375,640.00$ 263,960.00$ September 12, 2022 Grant application has been submitted
Caltrans Highway Safety Improvement
Program (HSIP) Cycle 11
Traffic Signal Coordination and
Raised Pavement Markers
589,000.00$ 589,000.00$ September 12, 2022 Grant application has been submitted

PUBLIC WORKS GRANTS SUMMARY

AWARDED GRANTS

FUTURE GRANTS
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.6
January 25, 2023
City of Eastvale Crime Statistics – October & November 2022 Prepared By:

Eva Terekhova, Emergency Management Specialist
Recommended Action(s)
Staﬀ recommends that the City Council receive and ﬁle the Eastvale Crime Sta s
cs for October and
November 2022.

Summary
The City Council requested staﬀ to collaborate with the Riverside County Sheriﬀ’s Department to develop a crime sta
s
cs document that would reﬂect selected Part I and Part II crime data for the City of Eastvale. Intended to show month-to-month crime sta s
cs, the document will assist in
determining appropriate staffing levels for law enforcement services.

Background
In May 2017, City Council directed staﬀ to coordinate with the Riverside County Sheriﬀ’s Department to request and obtain monthly crime sta
s
cs for the City of Eastvale. The primary
intent of the request was to determine appropriate staﬃng levels during the City’s contract nego
a
ons with the Sheriﬀ’s Department. Over several weeks, the city manager and staﬀ worked collabora
vely with Riverside County Sheriﬀ’s Department administra on and management to
obtain crime statistics that could be shared with the public on a regular basis.

Upon receiving the data, the Riverside County Sheriﬀ’s Department advised staﬀ that the data provided would be reﬂec
ve of the previous month, or thirty days behind the current month; and that the report would need to include a disclaimer identifying the data as preliminary and raw.

At the July 26, 2017 mee
ng, City Council recommended that staﬀ add columns reﬂec ve of felony
and misdemeanor arrests. During the September 26, 2017 mee ng, City Council recommended staﬀ 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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add traﬃc viola
ons/cita
ons data and the total calls for service broken down per month. Crime sta
s
cs that were released in the
me that passed since the last mee
ng of the City Council are
attached.

Environmental
Crime sta
s
cs are not a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
This request has no fiscal impact.

Prior City Council/Commission Action
July 25, 2017: Approved by the Public Safety Commission September 26, 2017: Approved by City Council
Attachment(s)
Attachment 1 - October 2022 Eastvale Crime Statistics.pdf

Attachment 2 - November 2022 Eastvale Crime Statistics.pdf

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.7
January 25, 2023
Approval of Task Order No. 2 with Wallace & Associates
Consul1ng, Inc for Inspec1on and Other Public Works Services for Various Projects
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve Task Order No. 2 in the amount of $150,000 for an on-call consul&ng contract with Wallace & Associates Consul&ng, Inc for Inspec&on and other Public Works services for various projects for Fiscal Year 2022-23.

Summary
The Public Works Department is commi3ed to the maintenance and opera&on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traﬃc signals, street lights, traﬃc signs, and storm drain inlets. Through ini&a&ves such as the Capital Improvement Program, we ac&vely improve the City’s infrastructure. Our mission is to keep the ameni&es that make Eastvale a premiere loca&on to live and raise a family and the ensure that the needs of Eastvale residents are met and exceeded every single day.

The Engineering Division is responsible for the design and construc&on of private development and capital/public projects. The division collects development fees, processes permits, and provides inspec&ons for a variety of construc&on and non-construc&on ac&vi&es within the public right-of- way. The services we provide ensure compliance with City Codes and design standards. Public Works Inspec&on provides a broad spectrum of services related to Public Works ac&vi&es. These services include the inspec&on of all improvements above ground (street improvements, curbs, gu3ers, sidewalks, street lights, traﬃc signals, pavement striping, etc.) and underground (sewer, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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water and storm drain) for private development and Capital Improvement Projects. The purpose of inspec&on is to ensure the compliance with plans, speciﬁca&ons, local, state and federal laws, regulations and ordinances.

Background
On April 13, 2022, the City Council awarded a Professional On-call Services contract to Wallace and Associates Consul&ng, LLC (Wallace)
for inspec&on services (A3achment 1). The approval included awarding on-call inspec&on services contract to seven (7) consultants including Wallace. Wallace demonstrated both the experience and qualiﬁca&ons that meet Eastvale's needs and expecta&ons during the compe&&ve procurement process. They are able to provide the necessary inspec&on services immediately and the goal is for this contract to provide one inspector for approximately 6 months (1,000 hours) and other public works related services.

On July 27, 2022 the Council approved Task Order 1 which used Wallace and Associates Consul&ng, LLC. They demonstrated extensive inspec&on knowledge and staﬀ was able to work easily with the consultant on both encroachment permits and land development projects throughout the City.

Environmental
The proposed contract is not a project as deﬁned by the California Environmental Quality Act (CEQA) as it is administrative in nature, and as such no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: 1
| Goal #: 1
Right-size the organiza&on and staﬃng consistent with City services, needs, expecta&ons, and strategic plan priorities.

Fiscal Impact
There are suﬃcient funds budgeted in ﬁscal year 2022-23 for the recommended ac&on as shown below:

Fund
Account
Department
Account Description
Budget
General
100-320-
6433
Engineering
Private Development
$110,000
General
100-320-
6490
Engineering
Engineering Services
$40,000

The contract is based on a hourly rate schedule with a total not-to-exceed amount of $150,000.

Prior City Council/Commission Action
On April 13, 2022, the City Council awarded an On-Call Engineering and Professional Consul&ng Services to Wallace & Associates Consulting, LLC.

On July 27, 2022, the City Council approved Task Order 1 to Wallace & Associates Consulting, LLC Attachment(s)
Attachment 1- PSA for Wallace and Associates

Attachment 2 - Task Order 2

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A-2022-041

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
CONSTRUCTION INSEPCTION SERVICES]
This Agreement for On -Call Professional Services (" Agreement') is entered into as of this AL_ dayofMT, 2022byandbetweentheCityofEastvale, amunicipal corporation (" City") and Wallace & Associates Consulting, LLC. ("Contractor").

City and Contractor are sometimes hereinafter individually referred to as ' Party" and hereinafter collectively referred to as the ' Parties."

RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform those services as needed and requested by the City.

C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 " Termination of Agreement' of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform Construction Inspection services ( hereinafter, the " Services") as requested and authorized by the City. [ The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein.] When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit " A" ( e.g., the first Task Order will be Exhibit " A- 1", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference.

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b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered that are in addition to or outside of the Services authorized by a Task Order unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) The City has entered or will enter into a maximum of seven ( 7) non- exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (" On - Call Contracts"). The total aggregate amount payable by the City pursuant to the Task Orders issued under the On -Call Contracts shall not exceed a cumulative maximum total value of Four Hundred Fifty Thousand Dollars 450, 000) (" NTE Sum"). One Hundred Fifty Thousand Dollars ($ 150, 000) per fiscal year, for a total of Four Hundred Fifty Thousand Dollars ($ 450, 000) for the Term of the Agreement, shall be available for the category of services in Section 2( a): ( 1) Construction Inspection Services. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then -current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On - Call Contracts through Task Orders.

Each time a Task Order is awarded under any of the On -Call Contracts, the City will send written notification to Contractor and each of the other consultants entering into the On - Call Contracts. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum.
b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If 2-
338
the compensation set forth in subsection ( a) and the applicable Task Order include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 Indemnification" and Section 17 " Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, 3-
339
photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars ($ 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three ( 3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor' s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
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a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Contractor, nor any of Contractor' s officers, employees, agents or subcontractors shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Task Orders attached hereto in Exhibit " A" that shall also be applicable to Contractor' s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and 341
authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis 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 in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S. C.A. §§ 1101, et gA., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related WE
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services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.

Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. 7-
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SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " B" " Insurance" and made a sm
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part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 " Termination of Agreement." City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor' s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 " Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.

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In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

To City: City of Eastva le
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Wallace & Associates Consulting, LLC
Attn: Carl Wallace
PO Box 909
Murrieta, CA 92564
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Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 " Amendment" and the City Manager' s contracting authority under the Eastvale Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under Section 4. 06. 050 of the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City' s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City' s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. 11-
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SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney' s fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits " A" ( including all subparts of Exhibit " A") and " B", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s). 12-
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SECTION 34. NONEXCLUSIVITY.

This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under this Agreement or utilizing City employees to perform such work.

SECTION 35. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

ATTEST:
0 Marc Donohue
City -Clerk -

APPROVED AS TO FORM
Erica Vega
City Attorney

CITY OF EASTVALE
Henry Garcia
Interim City Manager
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Wallace Associates Consulting, LLC
By:

Name:

Its: 5 NIOA. VIDE Iy/ 2fi5taeoT
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS

MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL

SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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EXHIBIT " A"

SCOPE OF SERVICES & COMPENSATION
TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER

MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]
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EXHIBIT " B"

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement.

During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1, 000, 000 general
aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of C- 1
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not less than $ 2,000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. 2) Contractor' s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor' s insurance. 3) Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising.from work performed by Contractor.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " B". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor' s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 4 00, Santa Ana, CA 92705
714.276.1135 [email protected] m

Attn: Cassandra Sanchez
City of Eastvale
[email protected]

Subject: Proposal for Construction Inspection Services -Oskar Vargas

Wallace & Associates Consulting, dba Anser Advisory, is pleased to submit this letter proposal for Construction Inspection Services for this project. We offer the city the below inspector:

Senior Construction Inspector: Richard Lawrence

Billing Rate: $130/hr

Start Date: January 23, 2022

Although overtime is not anticipated, any overtime would be considered an additional cost and would only be provided if approval is given by you prior to start of any overtime work by our inspector. Prevailing wage overtime and Saturday hourly rate is $195/hour and double time, Sunday and Holiday rate is $260/hour.

To the best of our knowledge, Mr. Lawrence does not have any previous CalPERS membership.

Thank you for using our services. Should you have any questions regarding this proposal please contact me at (805) 459-7697.

Sincerely,

Tyson Atwood, P.E., QSD
Senior Director VP
[email protected]

Enclosures: Oskar Vargas Resume

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.8
January 25, 2023
Fourth Amendment for Professional Services Agreement with Infinity Technologies for GIS Services
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve the fourth amendment to the professional services agreement with Inﬁnity Technologies; and
2 .

Authorize the City Manager to execute all necessary documents.

Summary
The City of Eastvale is heavily reliant on the availability of data for objec)ve decision making, manage day-to-day opera)ons, op)mize service delivery and improve ci)zen engagement. Many data repositories exist in the city. The Geographic Informa)on System (GIS) is one of the largest and most impac/ul data sources u)lized by city staﬀ and the public. GIS data is used by staﬀ to manage geographical data (geospa)al data), generate maps to conduct analysis, create public no)ﬁca)ons related to city projects, and provide geospa)al func)onality for numerous so1ware applica)ons. GIS data is also used to create daily maps to iden)fy property zoning, crime, ﬁre incidents and manage cri)cal underground infrastructure and city assets. The elements stored in the city's GIS that are not deemed private and conﬁden)al are made available to the public as part of the city's commitment to further transparency and civic engagement.

Background
On April 28, 2021, the City Council approved the original agreement with Inﬁnity Technologies for IT 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
357
management support. There have been three subsequent amendments since. The ﬁrst and third amendments were approved on January 26, 2022 and October 12, 2022, respec)vely, to increase the contract amount for additional IT support.

On May 25, 2022, the City Council approved the second amendment with Inﬁnity Technologies for GIS services including:

Quarterly updates of parcel, address, and street GIS data; As-needed data updates, Public Works asset, planning layers, and districts; As-needed data updates of CES layers, parcel owner information, and parcel attributes; ArcGIS Online administration; and
Fulfilling GIS Data requests

As an ArcGIS Online administrator, Inﬁnity Technologies manages the ArcGIS Online license, which comes with an annual subscrip)on fee. This fourth amendment is to increase the contract amount to include the annual subscrip)on fee, which is separate from the monthly ﬂat fee. The quota)on is included in Attachment 3.

Environmental
This contract amendment is not a project subject to review under the California Environmental Quality Act (CEQA) as it pertains to governmental administrative activities.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
The addi)onal cost for the annual subscrip)on fee for ArcGIS Online is not-to-exceed $5,000.

Adequate budget is available in General Fund account 100-320-6433.

Prior City Council/Commission Action
The City Council previously approved the ini)al agreement with Inﬁnity Technologies on April 28, 2021. Subsequent amendments were approved on January 26, 2022, May 25, 2022, and October 12, 2022.

Attachment(s)
Attachment 1 - Fourth Amendment

Attachment 2 - Original Professional Services Agreement

Attachment 3 - ArcGIS Online Annual Subscription Fee

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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Fourth Amendment to Agreement
This Fourth Amendment to Agreement (“Fourth Amendment”) is entered into this 25th day of January, 2023 by and between the City of Eastvale, a California general law city (“City”), and Infinity Technologies, a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Information Technology Services on or about June 1, 2021 (the “Agreement”). The Agreement has been amended three times prior to this Fourth Amendment, on January 26, 2022, May 25, 2022, and October 12, 2022.

B. City and Contractor desire to amend the scope of services to reflect additional cost for GIS services.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS.
a. Compensation. Section 4(a) and Exhibit B of the Agreement are amended to add reimbursement costs in an amount not to exceed $5,000 per year for the term of the Agreement for the annual subscription fee for ArcGIS Online.
b. Scope of Services. Exhibit A to the Agreement is replaced with Exhibit A to this Fourth Amendment.

2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in This Fourth Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This Fourth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Fourth Amendment.
c. Effective Date. This Fourth Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
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d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk

INFINITY TECHNOLOGIES
___________________________
Name: Mohammad Ahmed
Title: President/CEO
Exhibit A

SCOPE OF SERVICES

MONTHLY IT MANAGEMENT SUPPORT
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Monthly Support - Scope of Services
A benefit to selecting Infinity Technologies IT to provide your monthly IT support is that we provide a complimentary onsite network assessment and recommendation. This involves our team working with you to discover any technology challenges and we will identify opportunities to follow best practices. We will conduct and inventory of applicable IT equipment. During our audit, we will document our findings and meet with you to ensure you are aware of our findings and any recommendations.

Infinity Technologies will provide support for your mission-critical systems, including desktops, network equipment, City Software, Microsoft office 365 Email System, Mobile Devices and Server Management. The services listed below are included in our flat monthly fee:

1. On-Site 4-5 Days a week(flexible with City's schedule) (56 Hours)

2. 24 x 7 x 365 Technical Support

3. 24 x 7 x 365 Unlimited Remote Support (Help Desk)

4. After hour and holiday support

5. Response times (Described in SLA)

6. Accela Enterprise Software Support

7. Department Outreach

8. City Software Support

9. Proactive network monitoring and backup services

10. Remote support for desktops onsite and offsite

11. Network and infrastructure support

12. Support for desktops/laptops

13. Server maintenance and backup

14. Administration of Office 365

15. Mobile devices

16. Install/Configure new Computers and Servers

17. IT procurement processes

18. Printer/Copier user support (connectivity for onsite users) Monthly Support (4-5 Days – 56 Hour/Week)
Flat fee for monthly services $16,000

INFINITY TECHNOLOGIES SERVICE LEVEL AGREEMENT (SLA)

1. One reach local phone number and email address for emergency support

2. Provide 24 x 7 x 365 support

3. Respond to emergency outages (1) hour during normal business hours

4. Respond to emergency outages (2) hours during non-business hours

5. In case of an emergency, be onsite within (4) hours

6. Provide unlimited technical phone support

7. Trouble Tickets will be acknowledged within (30) minutes during normal business hours

8. Typical response time during normal business hours
a. Password reset (15) minutes
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b. Create new user (1) hour
c. Installing desktop application (1) hour
d. Troubleshoot/Desktop repair (30) minutes
e. Adding desktop printer (15) minutes

MONTHLY GIS SUPPORT
Monthly Support – Scope of Services
The services listed below are included in our flat monthly fee:

1. Quarterly updates and publication of parcel, address, and street GIS data.

2. Quarterly updates to GoGov code enforcement system. This includes tagging parcels with updated code inspection zones.

3. As-needed data updates and publication PW asset layers, planning layers, and districts.

4. Custom hardcopy or digital mapping requests.

5. Analysis and report creation.

6. Fulfilling GIS Data requests.

7. Maintenance of the existing WebGIS applications for staff and public use. a. Staff GIS viewer
b. Staff street sweeping viewer
c. Streetlights viewer
d. Development projects story map
e. Public planning parcel information viewer

8. ArcGIS online administration
Flat fee for monthly services $2,000
Annual subscription fee for ArcGIS Online (not-to-exceed) $5,000

INFINITY TECHNOLOGIES SERVICE LEVEL AGREEMENT (SLA)

1. One reach local phone number and email address for GIS support

2. Provide 24 x 7 x 365 support

3. Respond to requests for GIS support within (4) hours during normal business hours

4. Trouble tickets will be acknowledged within (30) minutes during normal business hours. a. Report of WebGIS issues
b. Report of GIS data issues
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5. Provide on-site GIS training/workshops twice per year. 363

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND

INFINITY TECHNOLOGIES
This Agreement for Services (" Agreement") is entered into as of this 1stday of June, 2021 by and between the City of Eastvale, a municipal corporation (" City") and True Infinity Technologies, a California corporation (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought, by direct negotiations the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 " Termination of Agreement" of this Agreement, the Term of this Agreement is for three ( 3) years commencing on the June 1, 2021, with the potential of two ( 2) mutually agreed upon one year extensions.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit " A" " Scope of Services" ( hereinafter, the " Services") and made a part of this Agreement by this reference.
b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit " A." Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.
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Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit " B" " Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ten thousand dollars ($ 10, 000), on a monthly basis, unless additional compensation is approved in writing in accordance with Section 26 Administration and Implementation" or Section 28 " Amendment" of this Agreement. b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection ( a) and Exhibit " B" include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice. d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor' s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor' s work within sixty ( 60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor' s work shall be deemed to have been accepted. City' s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this 2- 365
Agreement including, but not limited to, Section 16 " Indemnification" and Section 17 Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor' s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the 3-
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request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement.
c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor' s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. c) Neither Contractor , nor any of Contractor' s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City' s employees. Contractor expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific 367
standards of performance and performance criteria may be set forth in Exhibit " A" " Scope of Work" that shall also be applicable to Contractor' s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, " construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of 5- 368
the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any 369
such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
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d) Cit '' s Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

SECTION 19. CONTINUITY OF PERSONNEL.

SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. 371
d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
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To City: City of Eastvale
Attn: Bryan Jones, City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Infinity Technologies
Attn: Mohammed Ahmed
P. O. Box 582404
Elk Grove, CA 95758
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorizedto enter into this Agreementon behalfof the Partyfor whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the otherPartiesheretoagainstall claims, suits, actions, anddemands, includingnecessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 "Amendment" and the City Manager's contracting authority under the Eastvale Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, wouldnot exceedthe City Manager's contractingauthority under the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council herebyauthorizestheCityManagerto executeanysuchamendmentsas requiredbythis Agreement or that do not otherwise reduce City's rights under this Agreement. All other amendments shall be approved by the City Council.
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SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits " A" through " C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
bwy
arc bo' nohue
City Clerk

APPROVED AS TO FORM
1 Erica Vega
City Attorney
By:

Na e: Mohammad Ahmed
Its: President/ CEO

CITY OF EASTVALE
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NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR' S
BUSINESS ENTITY. CORPORATIONS AND LLCS MUST SUBMIT

DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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EXHIBIT " A"

SCOPE OF SERVICES
Scope of services are outlined in the attachment proposal from Infinity Technologies.

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EXHIBIT " B"

COMPENSATION
The monthly flat fee for information technology services is $ 10, 000. 379
EXHIBIT " C"

Best' s rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 Ed. 1/87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement. During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1,000, 000 general aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000, 000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of C- 1
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not less than $ 2, 000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence. 4) Professional Liability. $ 1,000, 000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. 2) Contractor' s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor' s insurance. 3) Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

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Infinity Technologies
PM
CITY OF EASTVALE, CA April 15, 2021
DESCRIPTION OFSERVICESAND COST QUOTE FOR:

MONTHLY IT MANAGEMENT SUPPORT
Introduction
Infinity Technologies would like to thank the City of Eastvale for the opportunity to provide a quote for services to continue to support your technology needs. Infinity Technologies has extensive experience in developing city IT departments from the ground up, as well as maintaining a high level of service for ongoing management of City technology requirements.

Infinity Technologies is submitting this quote that will provide the City of Eastva le with a reliable set of technology services including a help desk to support your network and desktop PCs, provide reliable server management, administeryour email system and support your mobile devices. We will continue to offer these services under a flat monthly technology fee.

Additionally, we have a broad set of experience and expertise to offer IT services beyond the scope outlined below for any new or special projects. In these instances, we will work with you to develop budget to ensure they meet you r ti me and cost expectations.

Monthly Support - Scope of Services
A benefit to selecting Infinity Technologies IT to provide your monthly IT support is that we provide a complimentary onsite network assessment and recommendation. This involves ourteam workingwith you to discoverany technologychallenges and we will identifyopportunitiesto followbest practices. We will conductand inventoryof applicableIT equipment. During our audit, we will documentour findings and meetwith you to ensureyou are awareof ou r findingsand any recommendations. Infinity Technologieswill providesupport for yourmission -critical systems, including desktops, network equipment, City Software, Microsoft office 365 EmailSystem, Mobile Devices and ServerManagement.

The serviceslisted below are includedin ourflat monthlyfee: 1.

On - Site 3 Daysa week (flexible with City' s schedule) 2. 24 x 7 x 365TechnicalSupport 3.
24x7x365 Unlimited Remote Support (Help Desk) 4.

After hour and holidaysupport 5.

Response times ( Describedin SLA) 6.

Accela Enterprise Software Support 7.

Department Outreach 8.

City SoftwareSupport 9.

Proactive network monitoringand backupservices 10.

Remote support fordesktops onsite and offsite11.

Network and infrastructuresupport 12.

Supportfordesktops/laptops 13.

Server maintenanceand backup
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Infinity Technologies
PM

14. Administration of Office365

15. Mobile devices

16. Install/ Configure new Computers and Servers

17. IT procurement processes

18. Printer/ Copier user support ( connectivity for onsite users) Monthly Support
Revised Flat fee for monthly services $ 10, 000

INFINITY TECHNOLOGIES SERVICE LEVEL AGREEMENT ( SLA)

1. One reach local phone number and email address for emergency support

2. Provide 24x 7 x 365 support

3. Respond to emergencyoutages ( 1) hour during normal business hours

4. Respond toe merge ncyoutages ( 2) hours during no n- business hours

5. In case of an emergency, be onsite within ( 4) hours

6. Provide unlimited technical phone support

7. Trouble Tickets wi II be acknowledged within ( 30) minutes during norm aI business hours

8. Typica I response time during norm aI business hours a. Password reset ( 15) minutes
b. Create new user ( 1) hour
c. Installing desktop application ( 1) hour
d. Troubleshoot/ Desktop repair( 30) minutes
e. Adding desktop printer ( 15) minutes
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CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDDIYYYY)
05/ 05/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.

THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
NUTMEG INS AGENCY INC/ 50 PLUS/ PHS
76210773
NAME:

PHONE ( 888) 925- 3137
A/ C, No, Ext):

FAX ( 888) 443- 6112
A/ C, No):

The Hartford Business Service Center
3600 Wiseman Blvd E- MAIL
San Antonio, TX 78251
ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC#
INSURED INSURERA: Sentinel Insurance Company Ltd. 11000

INFINITY TECHNOLOGIES
2390 E CAMELBACK RD
Property and Casualty Insurance CompanyINSURER B .
of Hartford
34690
PHOENIX AZ 85016 INSURERC:

INSURER D :

INSURER E:

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS

LTR INSR WVD MMIDDIYYYY MMIDDIY YYY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1, 000, 000

CLAIMS - MADE OCCUR DAMAGE TO RENTED
1, 000, 000
PREMISES Ea occurrence
MED EXP ( Any one person) 10, 000X General Liability
A 76 SBU IS1808 01/ 01/ 2021 01/ 01/ 2022 PERSONAL & ADV INJURY 1, 000, 000 GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000

POLICY PRO-
Fx
LOC PRODUCTS - COMP/ OP AGG 2, 000, 000
JECT
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
1, 000, 000
Ea accident
BODILY INJURY ( Per person) ANY AUTO
A

ALL OWNED SCHEDULED
76SBUIS1808 01/ 01/ 202101/ 01/ 2022BODILY INJURY ( Per accident) AUTOS

AUTOS HIRED

NON - OWNEDX

X PROPERTY

DAMAGE AUTOS
AUTOS Per accident) UMBRELLA

LIAB OCCUR

EACH OCCURRENCEEXCESS

LIAB CLAIMS - AGGREGATE
MADE
DED
RETENTION $ WORKERS

COMPENSATION X
I
PER

OTH- AND
EMPLOYERS' LIABILITY STATUTE ER E.

L. EACHACCIDENT1, 000,000 ANYYIN B

PROPRIETOR/
PARTNER/ EXECUTIVE NIA 76 WEGZT2604 01/ 01/ 202101/ 01/ 2022OFFICER/ MEMBER EXCLUDED? E. L. DISEASE -EA EMPLOYEE1, 000,000 Mandatory in NH) If
yes, describeunder E. L. DISEASE - POLICY LIMIT 1, 000,000 DESCRIPTION OF OPERATIONSbelow A
FAILSAFETECHNOLOGY E OR76 SBU IS1808 01/ 01/ 202101/ 01/ 2022Each Glitch 1, 000,000 0
Aggregate 1, 000,000 DESCRIPTION
OF OPERATIONS/LOCATIONS/ VEHICLES ( ACORD 101, AdditionalRemarks Schedule, may be attachedif morespace is required) Those usual to the Insured's Operations. CERTIFICATE
HOLDER CANCELLATION City
of EastvaleSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED12363 LIMONITEAVE STE 910 BEFORE THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDMIRA LOMA CA 91752-3686 IN ACCORDANCEWITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c
1988-
2015 ACORDCORPORATION. All rightsreserved. ACORD
25 ( 2016/03) The ACORDname and logo are registeredmarks of ACORD 385
386
Quotation # Q-482517
Date: October 18, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 670753 Contract #
Infinity Technologies
Po Box 582404
Elk Grove, CA 95758-0041
To expedite your order, please attach a copy of ATTENTION: Mark Dumford this quotation to your purchase order. PHONE: 9165486721 Quote is valid from: 10/18/2022 To: 1/16/2023 EMAIL: [email protected] Material Qty Unit Price Total
153148 4 $500.00 $2,000.00
ArcGIS Online Creator Annual Subscription
153147 10 $100.00 $1,000.00
ArcGIS Online Viewer Annual Subscription
165533 3 $350.00 $1,050.00
ArcGIS Online Mobile Worker Annual Subscription
165535 1 $700.00 $700.00
ArcGIS Online GIS Professional Basic User Type Annual Subscription Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Trevor Mossolle
Email:
[email protected]
Phone:
1(909)793-2853 x4221
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at
https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

MOSSOLLET This offer is limited to the terms and conditions incorporated and attached herein. 387
Quotation # Q-482517
Date: October 18, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 670753 Contract #
Infinity Technologies
Po Box 582404
Elk Grove, CA 95758-0041
To expedite your order, please attach a copy of ATTENTION: Mark Dumford this quotation to your purchase order. PHONE: 9165486721 Quote is valid from: 10/18/2022 To: 1/16/2023 EMAIL: [email protected] Subtotal: $4,750.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $4,750.00
Pass-Through from [Infinity Technologies] to [City of Eastvale]. In order to complete this purchase, a completed Esri Pass-Through letter must be received with your order.

The ArcGIS Online Professional Basic license includes 500 service credits. These service credits refresh annually with license renewal; unused entitlement service credits do not roll over. Additional service credits can be purchased in blocks of 1000 credits for $100. For additional information regarding service credits please reference this link https://www.esri.com/en-us/arcgis/products/arcgis-online/ pricing/credits.

The ArcGIS Online Creator license includes 500 service credits. These service credits refresh annually with license renewal; unused entitlement service credits do not roll over.

The ArcGIS Online Mobile Worker license includes 250 service credits. These service credits refresh annually with license renewal; unused entitlement service credits do not roll over.

The ArcGIS Online Creator Viewer includes 0 service credits. These service credits refresh annually with license renewal; unused entitlement service credits do not roll over.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

MOSSOLLET This offer is limited to the terms and conditions incorporated and attached herein. 388
Quotation # Q-482517
Date: October 18, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 670753 Contract #
Infinity Technologies
Po Box 582404
Elk Grove, CA 95758-0041
To expedite your order, please attach a copy of ATTENTION: Mark Dumford this quotation to your purchase order. PHONE: 9165486721 Quote is valid from: 10/18/2022 To: 1/16/2023 EMAIL: [email protected] _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.

If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $__4,750.00_________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.

Please check one of the following:
__X_ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri.

___10/21/2022________________
Date
___________________________________________
Signature of Authorized Representative
____Mark_Dumford__________________________
Name (Please Print)
___GIS Consultant________________________
Title
_________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).

Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

MOSSOLLET This offer is limited to the terms and conditions incorporated and attached herein. 389

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.9
January 25, 2023
Annual Purchase Order with BMW Motorcycle of Riverside for Police Motorcycle Maintenance
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve an annual purchase order to BMW Motorcycle of Riverside in the amount of $60,000
for maintenance, repair, and regular service for six BMW police motorcycles for ﬁscal year 2022-23;
and
2 .

Authorize the City Manager to execute the purchase order; Summary
This purchase order with BMW of Riverside will provide maintenance, repair, and regular service for the city's six BMW police motorcycles for ﬁscal year 2022-23. The city currently operates four units in ac0ve use by the City's four motor depu0es and two older units u0lized as backup and for training purposes. Per sec0on 4.06.080(d) of the City's Municipal Code, the City may u0lize exis0ng agreements with any federal, state, county or other public agency. Riverside County Sheriﬀ has an agreement with BMW Riverside for the purchase, installa0on of equipment, and maintenance for police motorcycles and as a result maintenance and service work for the motorcycles is exempt from the City's bidding requirement.

Background
City Council approved the purchase of two new
2022 BMW R1250 RT-P motorcycles on January
26,2022 for a total of $60,830.24. The units were not delivered un0l July 8, 2022. As a result, the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
390
purchase order was rolled from the prior ﬁscal year to the current 2022-23 ﬁscal year. Since that 0me the city has also processed 16 invoices for regular maintenance and repair of the units totaling $13,425.33. The motorcycle purchases and service invoices total $74,255.57 in the current ﬁscal year and exceed the provision under sec0on 4.06.050 (e) for subsequent and aggregate purchases less than $50,000. The city is now in receipt of two invoices for $10,196.98 and $3,086.28. The dollar amount of these invoices exceed the approval authority for Department Heads under sec0on

4.06.050 (b) of the municipal code and therefore require purchase orders. During review, the Purchasing Division noted that the two purchase orders cannot be issued without City Council approval because, in aggregate, total purchases for BMW of Riverside exceed $50,000. This is a direct result of the city's purchase of two new units in the current ﬁscal year. As a result, staﬀ requests City Council approve an annual purchase order for ﬁscal year 2022-23 for the maintenance, repair, and regular service for all six of the city's police motorcycles.

Environmental
Vehicle maintenance ac0vi0es are not considered a Project as deﬁned by the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
The total ﬁscal impact for the annual purchase order is $60,000. Funds are budgeted and available in General Fund vehicle maintenance account 100-400-6330 for the maintenance of the city's six police motorcycles.

Prior City Council/Commission Action
No prior City Council ac0on has occurred for the maintenance and regular service of the city's police motorcycles.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
391

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.10
January 25, 2023
Engine-Braking Prohibition Signage Placement Map
Prepared By:

Alexander Fung, Senior Management Analyst
Recommended Action(s)
Staﬀ recommends that the City Council receive-and-ﬁle the Engine-Braking Prohibi"on Signage Placement Map.

Summary
Speciﬁc diesel engine retarders are designed to u"lize a vehicle’s engine to aid in the slowing and controlling of a vehicle. When ac"vated, the engine brake alters the opera"on of the engine’s exhaust valves. This also leads to the vehicle making a noise that is generally disrup"ve, especially near residential communities.

While these brakes are eﬀec"ve in slowing down vehicles, they generally disturb the peace of surrounding communi"es. As a result of complaints received from residents, staﬀ presented an Engine-Braking Prohibi"on Ordinance for the City Council’s considera"on to reduce noise disturbance in Eastvale. On November 9, 2022, the City Council voted to adopt the Engine-Braking Prohibi"on Ordinance, known as Ordinance 22-06. A copy of the Ordinance can be found in Attachment 1.

Background
The use of engine-braking in vehicles causes signiﬁcant noises from the compression release. Many compare these noises to sounds generated by jackhammers and lawnmowers. While engine-braking offers drivers more control over vehicle movements and relief to service brakes, the noise generated is described as loud, unusual, disrup"ve, and explosive by nearby individuals. Such noises can be irritating and impact the surrounding communities’ quality of life. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
392

The adopted Ordinance prohibits the use of any engine retarding brake systems designed to support in the decelera"on or braking of any vehicle that result in excessive, loud, unusual, or explosive noises. The prohibi"on of engine-braking would apply to designated truck routes in Eastvale.

Exemp"ons would be allowed when the use of engine-braking is necessary for emergency situa"ons and to protect individuals and/or properties.

As a result of the Ordinance’s adop"on, 29 signs will be placed in visible loca"ons along the City’s designated truck routes to inform drivers of the prohibi"on of engine-braking ac"vi"es. A copy of a map showcasing the City’s designated truck routes and proposed signage placements can be found in Attachment 2.

Environmental
The engine braking ordinance was exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guideline 15301, which exempts from CEQA review projects that pertain to the opera"on of exis"ng facili"es. As this is a receive and ﬁle item, no ac"on is being taken that would trigger potential environmental review.

Strategic Plan Action - Priority Level: 2
| Target #: 5
| Goal #: 7
The Engine-Braking Prohibi"on Signages aim to improve traﬃc mobility and management throughout the City’s major corridors by decreasing unnecessary noise disturbance in the community.

Fiscal Impact
Based on staﬀ’s proposal, a total of 29 engine-braking prohibi"on signs would be placed on exis"ng traﬃc light poles along designated truck routes, which result in approximately $8,700.00 in labor and material expenses. Budgeted funds are available under the “Traﬃc Inventory and Sign Replacement Capital Improvement Project” account 92001, which is referenced in the Measure A fund account 210-510-6695.

Prior City Council/Commission Action
On September 27, 2022, the Public Safety Commission received a presenta"on on the Engine- Braking Prohibi"on Ordinance and expressed support for Ordinance. The City Council subsequently introduced the Engine-Braking Prohibi"on Ordinance by "tle, conducted its First Reading, and voted to waive further readings on October 26, 2022. On November 9, 2022, the City Council oﬃcially adopted the Ordinance.

On January 24, 2023, the Public Safety Commission reviewed the proposed Engine-Braking Prohibition Signage Placement Map and provided feedback.

Attachment(s)
Attachment 1 - Ordinance 22-06

Attachment 2 - Truck Route and Proposed Signage Placement Map

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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393
394
395
396
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ST

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CIR

DRIFTWOOD
PL

COTTONW
OOD
CIR
W

ESTCLIFF
W
AY

STILLBROOK
WAY
TAFT
ST

REBECCA

RYAN CT
HALF
M
OON CT
W

ESTCHESTER
W
AY

LAURELWOOD
AVE

SKOKORAT CT
M
ARK
TW
AIN CT
PEBBLE
CREEK
DR

MEADOWVALE
ST
RAFT
CIR
BERTS
WAY
IVY

SPRINGS CT

MEURICE
CIR

HEATHERWOOD
DR

THISTLE
ST
BLACK

HORSE ST

CORBINDR
HO
LLIS
ST

MARBLEWAY
ERIC
A
CT
FRENCH

TROTTER DR
LA M
ESA
ST

BURRAGE
ST

CLEMSON
DR
BODEGA
CT

KASSELLRD

FARMBOROUGHCT
QUIET
HILLCT
ASPEN

GROVERD

VANDEWATER
ST

RIVERRUN
CT
LOST

HORSERD
SW
ISS CT
W

HISPERW
IND
DR

TRINITY
DR

EARLYCRIMSON ST

CAMPOLINA DR

SYMPHONY DR
COOL

SPRINGS ST

WATERVILLE CT

FISKE DR
PEAR
AVE

STEEPLECHASE
WAY
WIND

RIVER RD
WISMAN
DR
W
O
O

DPIGEON
RD
BARW
ICK
CT
M
ADERA
CT
PLUMM

ERCREEK
CT
LO
OKOUT
PT

COLUMBIA
LN

CANOE DR
LASSO
LN
SILENT

STREAM CT

TALASI DR

COMFORT

COVE LN
BECKER
DR
SONG

SPARROW
RD

SERENADE
DR

BISONCT

GLORY DR

DEERPATH
CIR

ESTANCIA
LN
KERN

RIVER DR

ORCHARDDR

SNAPDRAGON
ST

GINGER DR
W

ATERLILY
CT
SW
EET

CLOVER CT
W

ESTERLY
W
AY
COLON
IAL
DOW
NS
ST

ROCKCANYON CT
HIDDEN
RIVER
LANC
ELOT
D
R

CRIPPLE

CREEK DR

CRAZYHORSE LN

ALDERGATEDR

OAKHURST
ST
SLATE

CREEK RD
SW
AN

CREEK DR

BREEZE LN
RIVER

BLUFFSLN

MAUNA L OA
PL
W

OLFHOUND ST

ANDARAVIDA
RD

VILLAGEDR

SALINEDR
COYOTE

TRAIL LN
W
ILD

LUPINE RD

BAY CIR

NATOMA ST

HUNTERS
RUN CT
DAPHNE
ST
FOUR
W
INDS
CT
CLEARC
ANYON
CT

BURRINGTON ST
BERRY
CREEK
ST

ELDERKIN
ST
DEW
DROP
CT

MACKINAW
CT
PINEW
OOD
CT
GOLDEN

EAGLECT

LEGATO CT
TURTLE
M

OUNTAIN CIR

HORSELESS

CARRIAGE
DR
EAGLE

NEST CT

EVERT DR

PATTISONST

GERTRUDIS
CT
VALLEY
MEADO
W
AVE

ROSS ST
BLACK
HAWKRD

ELLINGTON
DR

RICK LN
TANDEM
WAY

SILVERCLOUD CIR

LOWELL ST
LOST
RIVER
RD

GLOVER CT
HILL

GROVE ST

NECTARINEAVE
STAR

GAZER CT

HAIDER CT
ELLIS

PARK TRL
ROCK

CREEK CT

FAIRCHILD
DR

IRIS CT
POM

EGRANATE
CT
CANYON

RIDGE CIR

HEISLER ST

CALITERRA
CT
NO
RDLAND
DR

CASTLE RD

GOLDCREST
LN
W
ILD

LILAC CT
GREY

HERON CT

LOKAICT
RIVER

RIDGEDR

JAMESON ST

BURBANK RD
VISTA

RIDGE CIR
SAGE
TREE
LN

ENCLAVE DR

HARROW ST

BRISTOL

BAY CIR
PEACH
AVE

AMBERHILL
AVE

WELSH DR

SAGEMONT
CT

CURRENT DR

MONET DR
G
AM
EBIRD
ST
M
OON
FLOW
ER DR

SUNGOLD
AVE
BLUE
M
IST
CT
OOSTEN

FARMS RD
JASPER
LOOP
BLUE

RIBBON LN

PROSPECTOR CT

FEATHER DR

SHOREHAM
ST

TERRAPI N
WAY

HEATHER
LEE ST

CARRIAGE LN

OLD PEAK LN
BULL

THISTLE
CT
IRON

HORSELN

VALENCIAST

FRANKLIN LN

CARROLLTON
PL
TIGER

HORSE CIR

WHIMBREL
DR

BARNETT LN

RAINIER AVE

EL DORADO
DR
BRAM
A ST
LOW
ER
CREEK
ST

OAK RIDGE
CIR

GOOSE ST
TW
INSPUR
CT
SLEEPY

CREEK DR

BRYSONAVE
KISOCT

DAFFODIL CT

LILAC CT
W

INTERBERRY
W
AY

LOTUSST

DALEBROOK
DR

SANDHILL
CRANE
RD

WOODLANDS
ST
GOLDEN
BITST
CAR
I CT

HUNTERVALE
DR

HEATHGROVE
DR
LEM
O
N

GRASS AVE
RUBY
GIANT
CT

GRAYLING DR

ITHICA DR

FLORENCE ST

ROSEBAY
CT
WAKE

FOREST DR

JERSEY ST
POTTER
VALLEY
DR

STARFLOWER
CT

SHADYKNOLL DR

LUCITE DR

RYAN LN

FERNCREEK CT
WARM

CREEK CT
VERNAL

SPRING CT
BRASS

RING LN

HOOPERBAYRD

STOCKTO
N
DR

RISINGSTAR
DR
M
APLE
G
LEN
DR

DEEPWATER

BEND RD

ROLLING
MEADOW
ST
VIENNA
DR
DIAM

ONDBACK
RD

FORES T

WIND S T

PANTANERIO
DR

BRIANHEAD
DR

KAYAK ST

ARCADIAST

CAMPROCK ST

ORANGEVALE
AVE

HOLLOWBROOK
WAY
COOL

MEADOW DR
RIO

GRANDE DR

SIXTH ST

SHORTHORN
DR

FABIOLA LN
POTTER

CREEK DR

SILVERW
EED
W
AY
SPRING
CREST
ST

SADDLETREE
CT
LOST
FORTPL
EAGLE

RIVERRD
PEACH

BLOSSOM
ST

PARKWOOD
AVE
W
ELLS
SPRING
ST

MOONRIVER
ST
HUN
TER
RD

HARVEST

VALLEY AVE
MAG G
IE
LN

LOGSDON DR

BARNHART LN

REDHAVEN
ST

SWAN LAKE

DELMARRD

STAR RUBYAVE
SAN

ALISO CT

HOLLYWOOD
AVE
M
ORNING
STAR
LN

DETROIT ST
WAGON

CREEK WAY
PORT

ARTHUR DR

CELEBRATION
DR

HAVENHURST
ST

CHESTNUT DR
ROSEW
OOD
W
AY
M

E ADOWS
WAY

MUSTANG ST

BRIAR ST
BRANCH
CT

SEASIDE
ST
MASSY
HARRIS
W
AY

BELGIAN DR
LOS

ROBLES CT

ELLA DR

MISSISSI PPI DR
SAND

DUNES ST
PLUM
AVE

BLOSSOM WAY

EASTVALE
PKWY

ARMADILLO
DR
APPLE
MOSSCT
SORREL
LN
W
HITEW
ELL RD

OLITE DR

ANNEBURY DR
LARS E
N
BAY ST

FESTIVAL
W
AY

DELLBROOK ST
BRIGHT
GEM
CT

LONGHO RNE
DR

PERIDOTCT

DAIRY ST

BROOKTREE ST
58TH ST

BLAZING
STAR
DR

WHITELILY ST
JAM
ESTOW
N
AVE

EAGLEBLUFF LN

ASPEN LEAF LN

FAIRLANE
AVE

SANREMO RD
CHERRY

CREEK CIR
M

ILANADR

PREAKNESS WAY
PALIDR

JARDENE ST

EMERALD
DOW
NS
ST

ASHWE LL
CT

CORALWOODCT
HEALY

LAKE ST
GOLD
DUSTST
DUSTY

TRAIL RD

SUNSETCT

HARMONYDR

ROCKY VIEW
DR

CORTLAND ST

LYNDSEY ST
DOVE

VALLEY WAY

FALLCREEK
DR

ACACIA AVE
MORAB
ST

FUJI ST

EASTERNSHOREDR

ACEY ST
CORONA
VALLEY
AVE

NARCISSEDR

SILVERW
OOD DR

EDGEWOODDR

SOLEILDR

BABBLING

BROOK WAY

PHEASANT
WAY

ALDERWOOD
AVE
OH IO

RIVER DR
WAGON

WHEELRD
LARRY

DEAN ST
W
HITE
CLO
VERWAY
CITRUS
VALLEY
AVE

OAKDALEST

MEADOWSWEET
DR

BEACONSFIELD LN

SMITH RIVER RD

ANNANDALEPL
ANGUS
ST

BORGES ST
BLACK
FOREST
DR

ENGLISH

SETTER ST
LEANNE
ST

MURWOOD LN
WALNUT

GROVEAVE

QUAIL RUN RD

MERRYMEADOWSDR

SHAWNEE DR

ICELANDIC
ST

ALEXANDRIAAVE

HIGHLAND
DR

VIVA DR

TRAIL ST

RIVERTRAILS DR

RIVERBOAT DR
G
RANJA
VISTA
DELRIO

ORCHID DR

MAYCREST
AVE
QUEENS
R
D
M

ORGANDR

HAZELST

KAISHAST
M

ARIGOLD ST

LAVENDER ST
CAM
BRIA
DR

CEDAR CREEK RD

THORNBURY LN
CAXTON
ST
LAKE

SPRINGS
STW
HITEW
ATER
ST

BUCKHART ST

NORTHFORK DR

COBBLECREEK
DR
PACER
DR

PINTAIL
LOOP
BROKEN
TW
IG
DR

KENTON PL

EDINBURGH
RD
M
ULAN
ST

LAUREL ST

NORCO DR
W

ITHERS W
AY
COSM
OS ST
BURROW
S
WAY
SUNNY
HILLS
DR
M
EADOW
RIDGE
M
ISTY M
EADOW

OAK LEAF DR
M
ORNING
M
IST DR
PASO
FINO
ST

HENRY ST

TIGER LILY CT

FIELDMASTER ST
SILVER

CLOUDDR

WHISPERINGHILLS DR

STAN DING

ROCK RD

SHEFFIELD
ST

TIBURON DR

POINTER LOOP

AMBERVIEW PLALMOND GROVE CT

SUNDANCE LN
OLD
HAM
NER
AVE

CEDAR AVE
AMBER
SKYWAY

CATTLEMAN DR

DOCK DR

WINDROSE
AVE

RIVERGLEN DR

LANDERWOODDR
BROKEN

LANCE DR
LEMON

VALLEY AVE

BLUFF ST

LEIGHTON DR

WALTERS ST
6TH ST

CORYDON
AVE

DEARBORN ST

SIERRA AVE
SHADOW

CANYON CIR

SELBY AVE

EXCELSIORDR

GLADIOLAST
BROKEN

FEATHER
DR

ROUNDUP RD
BROKEN
ARROW
ST
I-15
NBON

ORANGE ST
I-15 SBOFF
I-15
NBOFF
RIM

CREST D
R

VINEAVE

CLEVELAND AVE

BRONCOLN
I-15 SBON

BRAYTON AVE

KENDRA LN

HALL AVE

ALHAMBRA ST

FIFTH ST

NORCONIAN DR

VALLEY VIEW
AVE
HELLM
AN
AVE

LAKE NORCONIAN
SWAN
LAKE

CITY OF EASTVALE
Map By: Interwest Consulting Group's GIS Solution Team
Path: G:\PROJECTS\EASTVALE\CITY_MAP\Eastvale_City.mxd | Date: 12/19/2017 Subdivisions based on digital parcel data provided by Riverside County.

ENGINE BRAKING PROHIBITION SIGN

LOCATION MAP
M

ILLIKEN AVE

MISSION BLVD

RIVERSIDE DR

SHARP ST

MICRO DR

CANTU-GALLEANO RANCH RD

HARVEST DR
E
NE DR

PHILADELPHIA ST
M
I

MICRO DR

HARVEST DR

PHILADELPH

MILLIKEN AVE

CANTU-GALL

ARCHIBALD AVE

LIMONITE AVE

SCHLEISMAN RD

RIVER RD

HAMNER AVE

HELLMAN AVE

PHILADELPHIA ST

MILLIKEN AVE

MISSION BLVD

CANTU-GALLEANO RANCH RD

RIVERSIDE DR

RIVER RD
City Boundary
Truck Routes
Note:

Hellman Ave: Between River Rd and Hellman Ave (north city limit) (Truck Route - Northbound Only)
Hamner Ave: Between Bellegrave Ave to Riverside Dr
(Truck Route - Northbound Only)
Milliken Ave: Between Riverside Dr to Philadelphia St (north city limit) (Truck Route - Northbound Only)

HAMNER AVE
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

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ENGINE

BRAKING

PROHIBITED

EXCEPT IN

EMERGENCY

E.M.C. 10.54.030
New Sign Location
397

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.11
January 25, 2023
Approval of Termina*on Agreement Regarding Western
Community Energy
Prepared By:

Marc A. Donohue, City Clerk/Communications Director
Recommended Action(s)
Staﬀ recommends that the City Council approve the termina on agreement regarding Western
Community Energy.

Summary
On October 12, 2022, the Western Community Energy (WCE) Board of Directors made a recommenda
on to the member agencies that the WCE Joint Powers Authority be dissolved following a six-month period to orderly wind down the Authority's affairs.

There being no reason to con
nue the existence and opera
ons of the Authority, the Member
agencies are requested to approve the a2ached termina
on agreement and dissolve the Authority
upon the terms and conditions set forth in the agreement.

Background
The Western Community Energy Joint Powers Authority was formed by member agencies from the City of Canyon Lake, City of Eastvale, City of Hemet, City of Jurupa Valley, City of Norco, City of Perris, and the City of Wildomar pursuant to an agreement on August 23, 2018.

The Authority launched the community choice aggrega
on program known as WCE, which provided
power to customers within the boundaries of the member agencies.

On March 24, 2021, the Authority ﬁled for Chapter 9 Bankruptcy and on June 14, 2021, all 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
398
customers of the Authority were transitioned to Southern California Edison.

Environmental
The approval of the agreement termina
ng the joint powers agreement is a governmental
organizational activity and therefore not a project subject to CEQA.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
There is no fiscal impact associated with this termination agreement.

Prior City Council/Commission Action
On July 25, 2018, the City Council approved a resolu
on approving the City's membership in the
Western Community Energy Joint Powers Authority.

Attachment(s)
Attachment 1 - WCE Authority Termination Agreement.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
399

TERMINATION AGREEMENT

REGARDING

WESTERN COMMUNITY ENERGY
This Termination Agreement Regarding Western Community Energy (the “Agreement”) is entered into effective as of [________], 2023 (the “Effective Date”), by and between the City of Canyon Lake, the City of Eastvale, the City of Hemet, the City of Jurupa Valley, the City of Norco, the City of Perris and the City of Wildomar, who are collectively referred to herein as the “Member Agencies” of Western Community Energy, a California Joint Powers Authority (“Authority”).

RECITALS

A. The Authority was formed by the Member Agencies pursuant to the authority granted under that certain Joint Powers Agreement dated August 23, 2018, as amended by that certain First Amendment dated September 19, 2018 (“ JPA Agreement”).

B. The Authority thereafter launched the community choice aggregation program known as “ WCE”, which provided power to customers within the boundaries of the Member Agencies (excluding the City of Canyo n Lake , which did not participate in the program).

C. On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy (“ Bankruptcy Proceeding”). On June 14, 2021, all customers of the Authority were transitioned to Southern California Edison (“SCE”) for service.

D. On August 16, 2022, the Bankruptcy Court entered an order (“ Bankruptcy Order”) confirming the Authority’s plan for the adjustment of debts and the Authority concluded settlements consistent with the plan with all outstanding creditors. The Bankruptcy Order includes a discharge of all debts owed by the Authority, an exculpation clause enjoining actions against individuals and entities that assisted the Agency with the Bankruptcy Proceeding, and an injunction preventing the institution of any action to collect any debt of the Authority from Member Agencies and other “partners” of th e Authority . The Bankruptcy Proceeding has now been concluded and the plan is final.

E. On October 12, 2022, the Board of Directors of the Authority made a recommendation to the Member Agencies that the Authority be dissolved following a six month period to orderly wind down the Authority’s affairs.

F. On October 21, 2022, Authority gave notice of termination of the Management Services Agreement with the Western Riverside Council of Governments (“WRCOG”) effective April 21, 2022.

G. There being no reason to continue the existence and operation of the Authority, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority upon the terms and conditions set forth herein.

400

NOW, THEREFORE, the Member Agencies hereby agree as follows:

1. Termination of JPA Agreement. Pursuant to Section 5.5 of the JPA Agreement, the Member Agencies agree that the JPA Agreement will terminate in accordance with the terms of this Agreement as of March 31, 2022 (“Termination Date”), subject to adjustment as set forth in Section 2.

2. Transition Period. Prior to termination, the Authority will continue to operate for the sole purpose of winding up its affairs, including the implementation of the final bankruptcy plan as set forth in the Bankruptcy Order and the completion of a fiscal audit for the 2022 -2023 year (“Transitional Activities ”). It is contemplated that all Transitional Activities will be completed prior to the Termination Date. In the event that the Transitional Activities cannot be completed prior to the Termination Date, then the Termination Date may be extended up to ninety (90) days with the written confirmation of the City Manager of each of the Member Agencies with the concurrence of their respective City Attorneys.

3. Book and Records. The books and records of the Authority will be archived and stored by WRCOG for a period of five (5) years following the Termination Date or suc h longer period as may be required by applicable law. WRCOG has agreed to serve as a depository only and the Member Agencies agree that WRCOG will have no ongoing obligations with respect to the maintenance of such books and records following the termination of the Management Services Agreement with the Authority.

4. Dissolution of the Authority. Concurrent with the Termination Date, the Authority will make such filings as are necessary with the Secretary of State of the State of California to formalize the dissolution of the Authority.

5. Funding for Transitional Operations. The bankruptcy plan includes an amount to pay expenses of the Authority to carry out the bankruptcy plan and it is not anticipated that any additional funding will be necessary for the Authority to carry out the Transitional Activities. In the event that any funding remains following the completion of the Transitional Activities, then such funding will be distributed to the creditors of the Authority in accordance with the requirements of the Bankruptcy Order.

6. No Additional Funding; No Liability . In no event will any Member Agency be obligated to provide any additional funding for the completion of the Transitional Activities by the Authority or for any other purpose. The Member Agencies agree that the terms of Section 4.6 of the JPA Agreement remain in full force and effect and will survive the termination of the JPA Agreement. The Member Agencies acknowledge and agree that the protection f rom liability set forth in Section 4.6 is consistent with the terms of the Bankruptcy Order.

7. Future Claims. In the event that any third party makes a claim against the Authority or the Member Agencies following the Termination Date, the Member Agencies agree to meet and confer with respect to any such claim and mutually agree on the appropriate action t o be taken to protect the Member Agencies and enforce the terms of the Bankruptcy Order. No Member Agency will be obligated to participate in any such action.

8. Nature of Agreement. The City of Canyon Lake is a party to this Agreement for the sole purpose of terminating the JPA Agreement, it being understood that the City of Canyon Lake did not elect to participate in the WCE program.
401

IN WITNESS WHEREOF, the parties hereto have exe cuted this Agreement as of the Effective Date.

ATTEST:

City Clerk
City of Canyon Lake
By: ______________________
Dated: ___________________

CITY OF CANYON LAKE
By: _____________________
Mayor
ATTEST:

City Clerk
City of Eastvale
By: ______________________
Dated: ___________________

CITY OF EASTVALE
By: _____________________
Mayor
ATTEST:

City Clerk
City of Hemet
By: ______________________
Dated: ___________________

CITY OF HEMET
By: _____________________
Mayor
ATTEST:

City Clerk
City of Jurupa Valley
By: ______________________
Dated: ___________________

CITY OF JURUPA VALLEY
By: _____________________
Mayor
402

ATTEST:

City Clerk
City of Norco
By: ______________________
Dated: ___________________

CITY OF NORCO
By: _____________________
Mayor
ATTEST:

City Clerk
City of Perris
By: ______________________
Dated: ___________________

CITY OF PERRIS
By: _____________________
Mayor
ATTEST:

City Clerk
City of Wildomar
By: ______________________
Dated: ___________________

CITY OF WILDOMAR
By: _____________________
Mayor
403

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.12
January 25, 2023
Approval of the Funding Agreement with Riverside County Flood Control and Water Conserva.on District for the Eastvale Alternate Drainage and Water Quality Master Plan
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the Funding Agreement with Riverside County Flood Control and Water Conservation District for the Eastvale Alternate Drainage and Water Quality Master Plan in an amount not to exceed $300,000.

Summary
The City and Riverside County Flood Control and Water Conserva*on District (RCFCD) are entering into an agreement for funding to create the Eastvale Alternate Drainage and Water Quality Master Plan. The purpose of this plan is to assess water quality facili*es throughout the City and analyze the poten*al feasibility of undergrounding facili*es to allow the surface to be used for future pocket parks, community gardens, or other gathering spaces for community beneﬁts. RCFCD will provide up to $300,000 to develop a Master Plan that will lay out poten*al project sites, as well as a cost breakdown associated with undergrounding the facility. This will fully fund the Master Plan eﬀort with no match required from the City.

Background
Due to the limited available land around the City, the ability to provide community enhancement is limited. City staﬀ considered the poten*al of undergrounding exis*ng surface basins and water quality facili*es to u*lize the surface for pocket parks, community gardens and other recrea*onal uses. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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The City and Riverside County Flood Control and Water Conserva*on District (RCFCD) are entering into a funding agreement to create the Eastvale Alternate Drainage and Water Quality Master Plan (Master Plan). As part of this funding agreement, RCFCD will pay the City up to $300,000 for the development of the Master Plan on the City's behalf. The Master Plan will include the costs and feasibility of the available exis*ng surface facili*es such as deten*on, reten*on and inﬁltra*on basins, and water quality improvement facili*es, that can be retroﬁ<ed into underground drainage and treatment systems to ul*mately free up the surface spaces for poten*al outdoor recrea*onal areas for public use. The Master Plan would also iden*fy ways to address the water quality issue of pollutants discharged into the Santa Ana River during the dry season.

Environmental
Approval of the agreement is not a project subject to the California Environment Quality Act (CEQA) as it is a funding agreement for the crea*on of a Master Plan and does not commit to the construction of any facilities.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance.

Fiscal Impact
The project cost is eligible for reimbursement through RCFCD up to $300,000. Invoices will be submi<ed to RCFCD for reimbursement for services completed under this agreement. No match is required from the City and the General fund is not impacted. Budget for consultant services will be appropriated at a future date when the professional services agreement is approved by the City Council. Budget will be appropriated within the Miscellaneous Grants Fund and will not impact to the General Fund.

Prior City Council/Commission Action
There were no prior council actions associated with this agreement.

Attachment(s)
Attachment 1 - Funding Agreement

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FUNDING AGREEMENT
Eastvale Alternate Drainage and Water Quality Master Plan Project No. 2-6-10040

The Funding Agreement ("Agreement"), dated as of , 2023, is entered in by the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT") and the City of Eastvale, a municipal corporation, ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereto agree as follows:

RECITALS
A. CITY plans to conduct a feasibility study to develop an Alternate Drainage and Water Quality Master Plan ("EASTVALE WQMP") . The EASTVALE WQMP would determine the Best Management Practices ("BMP") located within the CITY's rights of way, of existing surface facilities to include (i) detention and retention basins, and (ii) infiltration and water quality improvement facilities, that can be retrofitted into underground drainage and treatment systems to ultimately free up the surface spaces for potential outdoor recreational areas for public use. The EASTVALE WQMP would also identify ways to address the water quality issue of pollutants discharged into the Santa Ana River during the dry season; and B. Due to mutual interest in the EASTVALE WQMP, CITY desires DISTRICT to contribute funding and DISTRICT has budgeted for and desires to support CITY's efforts by providing a funding, as set forth herein; and
C. DISTRICT's financial contribution towards the EASTVALE WQMP will pay for the costs associated with the preparation and development of the EASTVALE WQMP by CITY's selected consultant ("STUDY COSTS"). DISTRICT's financial contribution towards the STUDY COSTS shall not exceed Three Hundred Thousand Dollars ($300,000), hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
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D. It is in the best interest of the public to proceed with preparation of EASTVALE WQMP at the earliest possible date; and
E. The purpose of this Agreement is to memorialize the mutual understandings by and between DISTRICT and CITY with respect to the assessment and recommendation of EASTVALE WQMP and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Prepare or cause to be prepared the necessary documents and reports for the CITY's selected consultant to begin the prepar ation of the EASTVALE WQMP, in accordance with applicable CITY standards.

2. Keep an accurate accounting of all STUDY COSTS and provide this accounting to the DISTRICT along with invoices as provided herein . The final accounting of STUDY COSTS shall include a detailed breakdown of all costs to CITY, including but not limited to payment vouchers to the CITY's selected consultant, to establish the actual cost of assessment for the CITY.

3. Upon execution of this Agreement and issuance of Notice to Proceed to CITY's selected consultant, i ssue the first invoice to DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of STUDY COSTS, as set forth in Section I.2.

4. Upon the completion of EASTVALE WQMP , issue the final invoice to DISTRICT (Attention: Special Projects Section) for the remaining fifty percent (50%) of STUDY COSTS, as set forth in Section I.2, and provide the DISTRICT with a copy of CITY's adopted 407
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EASTVALE WQMP, payment amount by the DISTRICT of the final invoice is subject to the not to exceed TOTAL DISTRICT CONTRIBUTION amount described in Recital C.

5. Be responsible to pay any amount in excess of the TOTAL DISTRICT CONTRIBUTION for the STUDY COSTS.

SECTION II
DISTRICT shall:

1. Within thirty (30) calendar days of receipt of CITY's first invoice, pay fifty percent (50%) of STUDY COSTS, as set forth in Section I.3.

2. Within thirty (30) calendar days of receipt of CITY's final invoice, pay the remaining fifty percent (50%) of STUDY COSTS , as set forth in Section I. 4, subject to and the not to exceed TOTAL DISTRICT CONTRIBUTION amount described in Recital C.

3. Not be responsible to pay any amount in excess of TOTAL DISTRICT CONTRIBUTION.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein for this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Hundred Thousand Dollars ($300,000); and shall be used by CITY solely for the preparation of EASTVALE WQMP. No additional funding whatsoever shall be provided by DISTRICT for any subsequent EASTVALE WQMP modifications or scope extensions. In the event the actual cost for EASTVALE WQMP is less than the TOTAL DISTRICT CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirty (30) calendar days of completion of CITY's EASTVALE WQMP.

2. The obligations of DISTRICT are limited by an d contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution towards EASTVALE WQMP as set forth herein. In the event that such funds are not forth coming for any reason, 408
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DISTRICT shall immediately notify CITY in writing. Agr eement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY. If CITY has executed any third -party contracts for STUDY COSTS prior to DISTRICT terminating the Agreement pursuant to this provision, DISTRICT shall compensate CITY for any actual documented costs incurred for work performed by CITY 's selected consultant(s) prior to DISTRICT terminating the Agreement.

3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the EASTVALE WQMP.

4. CITY shall indemnify, defend, and hold harmless and require its consultant(s) to indemnify, defend, and hold harmless the DISTRICT and the County of Riverside (their Agencies, Districts, Special Districts And Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives (individually and collectively hereinafter referred to as "Indemnitees") from any liabilit y whatsoever, based or asserted upon any acts, omissions or services of CITY or CITY 's consultant(s) (including their officers, employees, subcontractors, agents or representatives ("Indemnitors") arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of Indemnitors from this Agreement. CITY or CITY's consultant(s) shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

5. With respect to any action or claim subject to indemnification herein by CITY or CITY's consultant(s), CITY or CITY's consultant(s) shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim. Any such adjustment, settlement or compromise shall not in any manner 409
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whatsoever limit or circumscribe CITY or CITY's consultant(s) indemnification to Indemnitees as set forth herein.

6. CITY or CITY's consultant(s) obligation hereunder shall be satisfied when CITY or CITY's consultant(s) has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

7. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY or CITY's consultant(s) from indemnifying the Indemnitees to the fullest extent allowed by law.

8. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

10. Time is of the essence in pursuing the work contemplated under this Agreement. At any time during the term of this Agreement, DISTRICT may terminate this Agreement for cause, including but not limited to CITY's failure to pursue the work in a timely manner, upon providing CITY thirty (30) calendar days written notice stating the extent and effective date of termination.
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11. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.

12. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity besides the Parties shall have any right of action based upon the provisions of this Agreement. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third Parties not Parties to this Agreement.

13. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF EASTVALE
AND WATER CONSERVATION DISTRICT 12363 Limonite Avenue, Suite 910 1995 Market Street Eastvale, CA 91752
Riverside, CA 92501 Attn: Jimmy Chung
Attn: Contracts Services Section

14. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

15. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be c onstrued to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
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16. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

17. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and co ntracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)

RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

By
JASON E. UHLEY
General Manager-Chief Engineer

By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors

APPROVED AS TO FORM:

ATTEST:

MINH TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel

By
Deputy

(SEAL)

Funding Agreement: City of Eastvale
Eastvale Alternate Drainage and Water Quality Master Plan Project No. 2-6-10040
01/11/2023
AK/AMR:jss
413
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RECOMMENDED FOR APPROVAL:

CITY OF EASTVALE

MARK ORME
City Manager

(SEAL)

APPROVED AS TO FORM:

ATTEST:

ERICA VEGA
City Attorney

By
MARC A. DONOHUE
City Clerk

(SEAL)

Funding Agreement: City of Eastvale
Eastvale Alternate Drainage and Water Quality Master Plan Project No. 2-6-10040
01/11/2023
AK/AMR:jss
By ___________________________

CLINT LARIMORE
Mayor

TODD RIGBY
414

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.13
January 25, 2023
Reject Construc)on Bids for Grading, U)lity )e-in, Modular Oﬃce Purchase and Construc)on of Ancillary Improvements at the Citrus Street Property
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council reject bids received for grading, u lity
e-in, purchase of
modular oﬃces and construc
on of ancillary improvements, (landscaping and parking) at the Citrus Street property.

Summary
Modular buildings at the Citrus property are necessary because space and u lity constraints at the
current Eastvale Gateway loca
on are limited. Previously the City Council awarded the design contract to ERSC Inc (Engineering Resources of Southern California) to provide professional design services for the grading plan, oﬀ site u
lity
e in plan, onsite u
lity plan, and onsite parking
improvement plans.

Upon comple
on of the design, the City adver
sed the project on Planetbids. At the close of the bid
period, one bid from RG General Engineering, Inc. was submi,ed for the amount of $1,818,099.00 which far exceeded the engineer's es
mate and the construc
on budget for the project. Therefore
staff recommends rejecting the bid for the Modular Offices at the Citrus Street property.

Background
Modular buildings at the Citrus property are a priority due to increased lease expenses at the current Eastvale Gateway loca
on and space and u
lity constraints at the Citrus property. City staﬀ 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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solicited bids for professional design services for grading and oﬀsite u li
es
e-in to support the
modular oﬃces at the Citrus property. On April 13, 2022, the City awarded a contract to ERSC to provide professional design services for the project as well as connec on of the modulars into the
exis
ng u
li
es in the street. ERSC has extensive experience related to the design of ins tu
onal
municipal facili
es for public agencies. ERSC provided the City with plan sets for onsite and oﬀsite work, specifications, and a cost estimate for the construction of the project.

The City adver
sed for bids star
ng on November 15, 2022. At the mandatory pre-bid mee
ng 4
companies a,ended. At the close of the bid period on December 12, 2022, staﬀ received one bid from RG General Engineering, Inc. No other bids were submi,ed. RG General Engineering Inc.'s bid was found to be responsive but their bid amount was $1,818,099.00 which is substan ally higher
than the engineer's cost estimate of $1,149,254 .

Staﬀ plans to remove the parking lot scope and separate the project into mul ple phases: grading,
u
lity
e-in, and modular purchase and installa
on. Staﬀ will readver
se the construc
on work 3

mes for each respec
ve scope of work and provide addi
onal working days than originally
anticipated to compensate for the labor shortage in the industry.

Upon approval of bid rejec
on, ﬁrst phase of grading work will be adver
sed tenta
vely mid to late
February. Second phase of u
lity
e-in and onsite u
lity work will be adver
sed approximately one
month aCer phase one adver
sement. Third phase of modular purchase and installa
on bid will be
adver
sed one month aCer second phase adver
sement. This will a,ract more contractors who's
specialty is speciﬁcally related to the scope of work and provide more working days than the original bid. However, there is s
ll a chance that the aggregate bid amount for the three phases may be higher than the current $1.8M amount due to current material and labor availabilities.

Environmental
Rejec
on of bids is categorically exempt from California Environment Quality Act (CEQA) review under the CEQA Guidelines Section 15303.

Strategic Plan Action - Priority Level: 1
| Target #: 1
| Goal #: 1
Add addi
onal buildings for staﬃng consistent with City services, needs, expecta ons, and strategic
plan priorities
Fiscal Impact
No direct fiscal impacts will occur with the proposed action of rejecting bids.

Prior City Council/Commission Action
March 23, 2022, this project was presented to City Council during the Capital Improvement Budget Workshop presentation
April 13, 2022, Council approved the Professional Services agreement with ERSC Attachment(s)
Attachment - Bid Results

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City of Eastvale
Modular Offices at Citrus Street Property (ENG20221115), bidding on 12/12/2022 11:00 AM (PST)

Page 1 of 3 ends

Printed 12/12/2022
PlanetBids, Inc.
417
City of Eastvale
Modular Offices at Citrus Street Property (ENG20221115), bidding on 12/12/2022 11:00 AM (PST)

Page 2 of 3 ends

Printed 12/12/2022
PlanetBids, Inc.
418
City of Eastvale
Modular Offices at Citrus Street Property (ENG20221115), bidding on 12/12/2022 11:00 AM (PST)

Page 3 of 3 ends

Printed 12/12/2022
PlanetBids, Inc.
419

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.14
January 25, 2023
Approval of Purchase Order to Riverside County Emergency Management Department for CERT Instructors
Prepared By:

Eva Terekhova, Emergency Management Specialist
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve a purchase order to Riverside County Emergency Management Department in the amount of $7,000 for instructors for the next two scheduled City of Eastvale Community Emergency Response Team training (CERT) in fiscal year 2022-2023; and 2 .

Authorize the City Manager to execute the purchase order.

Summary
The City, as part of its Emergency Management eﬀort to build resilience to disasters in the community and promote personal and community preparedness, puts on CERT training two or more 0mes a year. The County of Riverside Emergency Management Department provides qualiﬁed CERT instructors for the training. The City u0lizes Homeland Security grant funding to cover County staﬀ time costs.

Background
During review, the Purchasing Division noted that a purchase order for the upcoming CERT class cannot be issued without City Council approval because, in aggregate, total purchases for Riverside County Emergency Management Department will exceed $50,000. This is a result of the currently approved City Council contract with the County of Riverside Emergency Management Department for $45,000 per ﬁscal year and CERT instructor expenditures of $3,198.30 (for the May 2022 CERT 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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class). Costs for County CERT instructors in the prior years have ranged from $2,500 to $3,500. As a result, staﬀ requests City Council approve a purchase order in the amount of $7,000 for ﬁscal year 2022-23 for two upcoming scheduled CERT classes on January 27-29, 2023 and April 14-16, 2023.

Environmental
Community Emergency Response Team Training is not considered a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
N/A
Fiscal Impact
The total ﬁscal impact for the current purchase order is $7,000. Funds are budgeted and available in the Miscellaneous Grants account number 240-200-6490-60001-2022.

Prior City Council/Commission Action
No prior City Council ac0on has occurred for the payment of staﬀ 0me to the Riverside County Emergency Management Department.

Attachment(s)
Not Applicable.
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AGENDA STAFF REPORT

City Council Meeting

PUBLIC HEARINGS

Agenda Item No. 12.1
January 25, 2023
PLN22-20078 – City-initiated Municipal Code Amendment
Prepared By:

Gustavo N. Gonzalez, Planning Manager
Recommended Action(s)
Staff recommends that the City Council:

1 .

Determine that the proposed ordinances are not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sec*ons 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of CEQA; and
2 .

Introduce, read by *tle and waive further reading of the ordinances making technical and/or clarifying changes to the Municipal Code (PLN22-20078)
Summary
This is a city-ini*ated request to amend the Eastvale Municipal Code making technical and/or clarifying changes to the following sections:

8.32.040 (Graffiti removal at city expense)

8.32.050 (Graffiti declared public nuisance)

12.08.350 (Enforcement)

14.12.080 (Non-stormwater discharges)

14.12.090 (Discharge in violation of permit)

14.12.100 (Right to inspect)
120.04.140 (Wireless communication facilities)
120.04.160 (Short-term Rentals)
120.05.010 (Dimensional Requirements) 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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120.05.080 (Neighborhood Preservation)
120.06.010 (Glossary of terms)
130.24.020 (Improvement plans required)

Further, the request also includes adding Chapter 110.92 (Grading Opera*ons) to the Municipal Code. The amendments are intended to correct inconsistencies in the Code and provide staﬀ, decision makers, and members of the public with clearer standards, procedures, and definitions.

Background
Since its adop*on in 2012, amendments to the Zoning Code have been made on an as-needed basis as the result of periodic review of the Code by staﬀ and changes in State law. These amendments involve various minor changes to numerous sec*ons of the Code to provide clarity, correct inconsistencies and typographical errors, create internal consistency of terms and deﬁni*ons, and update procedures. A summary of the proposed amendments is provided as AFachment 1 to this report and includes the description and purpose of each amendment.

Environmental
The proposed amendments are not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sec*ons 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementa*on of CEQA (commencing with Sec*on 15000 of Title 14 of the California Code of Regula*ons; herein referred to as the “State CEQA Guidelines”) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
The proposed Municipal Code Amendment is covered under the Planning Division’s Fiscal Year (FY) 22/23 budget and will not result in any negative impact to the City's General Fund.

Prior City Council/Commission Action
The Eastvale Municipal Code was adopted in 2012. On November 16, 2022, the Planning Commission recommended
City Council approval of the proposed amendment.

Attachment(s)
Attachment 1 - Summary of Amendments

Attachment 2 - Sections 08.32.040, 08.32.050, 120.04.140, 130.24.020

Attachment 3 - Section 12.08.350 (Enforcement)

Attachment 4 - Section 14.12 (Stormwater)

Attachment 5 - Section 110.92 (Grading Operations)

Attachment 6 - Section 120.04.160 (Short-term Rentals)

Attachment 7 - Section 120.05.010 (Dimensional Requirements)

Attachment 8 - Section 120.05.080 (Neighborhood Preservation)

Attachment 9 - Section 120.06.010 (Glossary of terms)

Attachment 10 - Title 120 (Planning and Zoning)

Attachment 11 - Public Hearing Notice
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12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Attachment 1
Summary of Amendments
Attachment Code Section(s) Description
2 08.32.040 (Graffiti removal at city expense)

08.32.050 (Graffiti declared public nuisance)
120.04.140 (Wireless communication facilities)
130.24.020 (Improvement plans required)
Providing non-substantive changes to current municipal code, including position title clarifications:

Replaces “Director of Building and Safety” in Sections 8.32.040 and 8.32.050, with “City Engineer” as the City Engineer is the enforcement authority within the public right-of-way.

Updates all references to “wireless communication facilities” in Section 120.04.140 with “communication facilities” to encompass all communication facilities.

Replaces “Director of Transportation” in Section 130.24.020 with “City Engineer” as the City Engineer is the processing authority for improvement plans.
3 12.08.350 (Enforcement)

Strengthens the enforcement of work in the public right-of-way to better protect City’s public right-of-way as well as providing a penalty fee for not obtaining a permit prior to work.
4 14.12.080 (Nonstormwater discharges)

14.12.090 (Discharge in violation of permit)

14.12.100 (Right to inspect)
Updating the municipal code to ensure that the allowable discharges meet the Municipal separate storm sewer systems (MS4) requirements. 5 110.92 (Grading Operations) Adds a new chapter to the Municipal Code to clarifying grading operations within the City that will require a grading permit.
6 120.04.160 (Short-term Rentals)
The Eastvale Municipal Code prohibits short-term rental throughout the city.

This amendment expands the definitions of “short-term rental” and “transient” to clarify that these definitions apply to the property and its use on which a short-term rental is located, in addition to the dwelling unit. 7 120.05.010 (Dimensional Requirements)
The current Municipal Code was adopted in 2012 shortly after the city was incorporated. The adopted Code is largely based on the County of Riverside’s Municipal Code and certain sections of the Code reference zoning districts that were part of the County’s zoning map but did not get adopted in the Eastvale 425
Attachment 1
zoning map. This amendment updates and corrects an erroneously referenced zone that was not adopted by the city.
8 120.05.080 (Neighborhood Preservation)
As mentioned above, the adopted Code is largely based on the County of Riverside’s Municipal Code and certain sections of the Code reference zoning districts that were part of the County’s zoning map but did not get adopted in the Eastvale zoning map. This amendment updates and corrects an erroneously referenced zone that was not adopted by the city. This amendment also addresses the requirement to prevent more than 50 percent of the required front and side yards of residential properties from being cemented and used for parking. It requires that at least 50 percent of the front and side yards provide decorative landscaping. Finally, this amendment clarifies that areas not maintained by maintenance districts and/or homeowners’ associations are subject to the general yard maintenance requirements.
9 120.06.010 (Glossary of terms)
This amendment corrects an inconsistency related to the definition of “building setback line”. A building setback should be defined by the setback established by the underlying zone and not the distance between a given building’s footprint and the property lines.
10 Eastvale Municipal Code
This amendment replaces “Planning Director” with “Community Development Director”, as this title and position has changed since the Municipal Code was adopted.

426
Attachment 2
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION S 08.32.040, 08.32.050 , 120.04.140 AND 130.24.020 OF THE EASTVALE MUNICIPAL CODE WHEREAS, the City d esires to make non -substantive clean-up changes to the Code that have been identified, including changing position titles.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. All references to “Director of Building and Safety” in Section 8.32.040 and 8.32.050, shall be amended and replaced with “City Engineer.”
SECTION 2. All references t o “wireless communication facilities” i n Section 120.04.140 s hall be amended and replaced with “communication facilities.”
SECTION 3. All references to “Director of Transportation” in Section 130.24.020 shall be amended and replaced with “City Engineer.”
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 6. This ordinance shall take effect thirty (30) days after its passage by the City Council.

PASSED, APPROVED AND ORDAINED this 25th day of January, 2023. ____
______________________________________
Ma yor
APP
ROVED AS TO FORM: ATTEST:
____
______________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Cit y Clerk
427
Attachment 2

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the City of Ea stvale at a regular meeting held on the 25th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________
_______________________
Marc A. Donohue, MMC
City Clerk
428
Attachment 3
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 12.08.350 OF THE EASTVALE

MUNICIPAL CODE
W
HEREAS, section 12.08 of Eastvale Municipal Code contains guidelines for excavations in the public right-of-way.

W
HEREAS, City desires to mak e changes to the enforcement of excavations in the public right - of-way to better protect City’s public right-of-way.

N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 12.08.350(1)(b) of the Eastvale Municipal Code is amended as follows (with crossed out words indicating deletions and underlined words indicating additions):
“S
ec. 12.08.350 – Enforcement
V
iolation of the terms, conditions and requirements of this chapter and any permit issued pursuant to this chapter by the permit holder shall subject the permit holder to the following actions and penalties:
(1
) Administrative penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.
a. N
otwithstanding any contrary provision of this chapter, each day a violation of the following chapter provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:

1. Section 12.08.030.

2. Section 12.08.130.

3. Section 12.08.270.
b. The administrative penalty for each violation of any provision of this chapter shall be $750.00. If a person commences any work in a street, alley, or easement for which a permit is required by this chapter before obtaining all required permits, he or she shall pay, in addition to the permit fees required to be paid, a penalty in an amount equal to the permit fee for the work which was unlawfully commenced, not to exceed $1,000.

Such penalty shall be in addition to any other penalty or restitution otherwise provided by this code or under the law. Violations of a specific section of this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.
429
Attachment 3
c. In a
ddition to the aforementioned penalties , the city may withhold issuance of permits for encroachment or excavation in a city street to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two-year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.
(2) I
mposition of the administrative penalties. The administrative penalty order shall be imposed in accordance with the provisions of chapter 8.17.
(3) All o
ther remedies available to the city including, but not limited to, criminal and civil proceedings.

SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council.

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was int roduced at a regular meeting of the Cit y Council of the City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 25th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________
_______________________
Marc A. Donohue, MMC
City Clerk
431
Attachment 4
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 1 4.12.080, 14.12.090 AN D

14.12.100 OF THE EASTVALE MUNICIPAL CODE
W
HEREAS, the Municipal Storm Water Program regulates storm water discharges from municipal separate storm sewer systems (MS4s) throughout California.

W
HEREAS, the State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (collectively, the Water Boards) implement and enforce the Municipal Storm Water Program.

W
HEREAS, the City of Eastvale wishes to update its Municipal Code to ensure that discharges meet MS4 permit requirements.

N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Sections 14.12.080, 14.12.090, and 14.12.100 of the Eastvale Munici pal Code is amended in its entirety to read as follows (with crossed out words indicating deletions and underlined words indicating additions):
“Sec
. 14.12.080. – Nonstormwater discharges
The discharge of nonstormwater into the storm drain system is a violation of this chapter except as specified as follows:
(1)The discharge prohibition shall not apply to any discharge regulated under an NPDES permit or waiver issued to the discharger and administered by the state under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulations.
(2)Discharges from the following activities will not be considered a violation of this chapter when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigat ion water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, swimming pool discharges or flows from firefighting.
“Sec. 14.12.090. – Discharge in violation of permit
(a)Municipal NPDES permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a 432
Attachment 4
violation of this chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial e nforcement action relating to such discharge.
(b)NPDES permit for industrial/commercial and construction activity. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the state water resources control board, the Santa Ana Regional Water Quality Control Board, the San Diego Regional Water Quality Control Board or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit. Such dischargers shall specifically comply with the following permits:
(1)The industrial stormwater general permit;
(2)The construction activity stormwater general permit; and (3)The dewatering general perm it.

Proof of compliance with such NPDES general permits may be required in a form acceptable to the city manager or designee prior to issuance of any city grading, building or occupancy permits.
(c) I t is unlawful for any person, firm, corporation or association of persons to violate any provision of this chapter or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation or association of persons violating any provision of this chapter or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as specified in this chapter. Such person, firm, corporation or association of persons shall be deemed guilty of a separate offense for eac h and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted pursuant to this chapter is committed, continued or permitted.
(1)Any person, firm, corporation or association of persons so convicted shall be guilty of an infraction offense and punished by a fine not exceeding:
a.$100.00 for a first violation;
b.$200.00 for a second violation at the same site.
(2)The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00, six months in jail or both. 433
Attachment 4
Notwithstanding subsection ( c)(1) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty in this section shall not relieve a person, firm, corporation or association of persons from the responsibility for correcting the violation. “Sec. 14.12.100. – Right to inspect
An inspector employed by the city may enter free of charge, at any time, any premises, grounds, facilities or structures for which compliance is required by this chapter and inspect the premises, grounds, facilities and structures located therein for compl iance with water quality requirements imposed by this chapter, county Ordinance Nos. 457 and 857, Water Code § 13000 et seq. (Porter -Cologne Water Quality Control Act), 33 USC 1251 et seq. (Clean Water Act) and any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. Eastvale businesses are required to be inspected per the MS4 Permit (Order No. R8 -2010-0033, NPDES No. CAS 618033) Section II, H. Co -Permittee Inspection Programs . Inspection fees shall be paid at the time of business registration, or when invoiced by the City, whichever occurs first.

SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 4. The Cit
y Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 5. This ordinance shall take effect thirty (30) days after its passage by the City Council.

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of t he City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 25th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________
_______________________
Marc A. Donohue, MMC
City Clerk
435
Attachment 5
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ADDING CHAPTER 11 0.92 OF THE EASTVALE

MUNICIPAL CODE IN REGARDS TO GRADING
W
HEREAS, the Eastvale Municipal Code currently does not contain guidelines regarding; and W
HEREAS, the City of Eastvale desires to add language to the Municipal Code to regulating grading operations within the City.

N
OW, THEREFORE,THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

S
ECTION 1. Chapter 110.92 of the Eastvale Municipal Code is added to read as follows:
110.92.010 - Purpose.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the quality of materials used in, and the design, construction, location and maintenance of grading, and to implement measures to substantially reduce the potential for erosion and sedimentation damage within the city. 110.92.020 - Scope, interpretation, application and exemptions.

A. The provisions of this chapter shall apply to all grading within the city, unless specifically exempted under this section.

B. Every effort should be made to preserve safety to life, health, property, and the public welfare, including providing safeguards both to the property being graded and to other property in the area.

C. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this chapter or with any conditions imposed in the permit issued under this chapter, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property.

D. The provisions of this chapter shall not apply to any of the following:

1. Work in a public street, alley or sidewalk or other public place regulated by Chapter 12.08.

2. Mining, quarrying, processing or stockpiling of rock, sand, aggregate or clay, unless such work affects the lateral support of adjacent or contiguous property or structures;

3. Excavation or filling of graves in property dedicated or used for cemetery purposes.
110.92.030 - Definitions.

Whenever the following words are used in this chapter they shall have the meanings indicated in this section:
436
Attachment 5

A. "City Engineer." The City Engineer acting either directly or through properly authorized agents.

B. "Excavation." Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, scooped, quarried, bored, trenched, benched, uncovered, removed, displaced, relocated, or bulldozed and includes the conditions resulting therefrom; including any and all work associated with geotechnical investigations, soils investigations or any other subsurface investigation; any and all demolition activities covered by a building permit; and removal of or abandonment of underground storage tanks.

C. "Fill." Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and includes the conditions resulting therefrom.

D. "Grading." The process of raising and/or lowering the levels of land through excavation or fill or any combination thereof. The term shall include the conditions resulting there from.

E. "Grading permit." Any permit required by Appendix J Section J103 of the California Building Code.

F. "Permittee." Any owner, land occupier or contracting agent to whom a grading permit is issued.

G. "Site." A separate lot or parcel of land.

110.92.040 - General requirement—Maintenance of premises.

The owner, land occupier, or other person in control of any property who orders, or causes land owned, occupied, or controlled by him, or any land, to be graded, or knowingly permits the same, shall maintain that land in good condition.

110.92.050 - Permit—Required.

No person shall commence or perform any grading without having first obtained a grading permit or be exempted by the City Engineer. A separate grading permit shall be obtained for each site. One permit may cover both an excavation and any fill made with the excavated materials on the same site.

110.92.060 - Permit—Exceptions.

A grading permit shall not be required for the following exceptions, but in all other respects the provisions of this chapter shall apply:

A. An excavation below finished grade for swimming pool or pertinent underground structure authorized by a valid building permit.

B. An excavation or fill authorized by a valid encroachment permit.

C. Grading by or for a public agency or utility company when specifically exempted in writing by the City Engineer.

D. Minor grading that will not redirect or concentrate existing drainage flows and is of negligible hazard, or where site modification does not exceed a total area of five 437
Attachment 5
hundred (500) square feet, and when specifically exempted in writing by the City Engineer.

An excavation which does not exceed 50 cubic yards on any one site and is less than two feet in vertical depth, and is specifically exempted in writing by the City Engineer.

SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction. such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 3. The Cit
y Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council.

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 25th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________
_______________________
Marc A. Donohue, MMC
City Clerk
439
Attachment 6

ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.04.160 (SHORT-TERM

RENTALS) OF THE EASTVALE MUNICIPAL CODE

WHEREAS, Section 120.04.160 of Eastvale Municipal Code contains standards for the prohibition and enforcement of short-term rentals.

WHEREAS, the City desires to amend this section to expand the definitions related to short-term rentals.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 120.04.160(a) of the Eastvale Municipal Code is amended in its entirety to read as follows (with crossed out words indicating deletions and underlined words indicating additions):

(a) Definitions. For purposes of this section, the following words or phrases shall have the following meanings:

(1) Person. Any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust or organization of any kind.

(2) Short-term rental. Renting for a period of 30 consecutive calendar days or less any dwelling unit, the property on which it is located, or the use of the property on which it is located, in whole or in part, for transient use.

(3) Transient. Any person who exercises occupancy or is entitled to occupancy of a dwelling unit, the property on which it is located, or the use of the property on which it is located, in whole or in part, for a period of 30 consecutive calendar days or less.

SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council. 440
Attachment 6
PASSED, APPROVED AND ORDAINED this 25th day of January, 2023. __
________________________________________
M ayor
APPROVED AS TO FORM: ATTEST:
__
________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Ci ty Clerk
ST

ATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby cert ify t hat the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was passed by the Cit y Council of the City of Eastvale at a regular meeting held on the 25th day of January, 2023, by the following vote:

AYES:

NOES:

AB
SENT:

ABSTAIN:
_______
_____________________________
Marc A. Donohue, MMC
Ci ty Clerk
441
Attachment 7
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.05.010 ( DIMENSIONAL

REQUIREMENTS) OF THE EASTVALE MUNICIPAL CODE
W
HEREAS, Section 12 0.05.010 of Eastvale Municipal Code contains standards that establish height limits on adjacent non-residential zoning districts.

W
HEREAS, the City desires to amend this section to address incorrect references.

N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 120.05.010(d) of the Eastvale Municipal Code is amended in its entirety to read as follows (with crossed out words indicating deletions and underlined words indicating additions):

Sec. 120.05.010. - Dimensional Height requirements.
(d
) Height exceptions. Public or semipublic buildings in the R-1 and R-2 zones may be erected to a height not exceeding four stories or 60 feet when the required yards are increased by an additional two feet for each foot by which the height exceeds 35 feet. Structures necessar y for the maintenance and operation of a building and flagpoles, wireless masts, chimneys or similar structures may exceed the prescribed height limits where such structures do not provide additional floor space. Exceptions to the height regulations are as follows:
(1
) General height exceptions. Towers, penthouses, and other roof structures for the purpose of shelter for mechanical equipment, cupolas, water tanks, church steeples, carillon towers, radio television antennas, and similar structures and necessary mechanical appurtenances may be erected on a building, or on the ground, to a height greater than the limit otherwise established within the underlying zone, or for that use, provided that no such exception shall cover at any level more than 15 percent of the area of the lot nor have an area at the base greater than 1,600 square feet (see section 120.04.140, wireless communication facilities). All construction is subject to approval of building inspection.

Signs may not be placed on such structures at any height exceeding the height of an otherwise permitted building. Fences or walls may be required and conditioned to exceed six feet in height for a project, as determined by the approving authority hearing related planning matters on the same parcel of land.
(2) Height exceptions for residential zones. As part of minor and major development review, the designated approving authority may allow apartment houses, schools, churches, public buildings, and other similar buildings to be erected to a height not to exce ed 75 feet, provided that the required yards are increased one foot for each one foot of height increase of said building. Please refer to sections 120.02.030 (Adjustments) and 120.02.040 Variances) for additional information.
442
Attachment 7
(3) Mixed-use, automotive Commercial and industrial zones. As part of development review, the designated approving authority may permit the maximum height for buildings in the commercial and industrial zones to be increased to a maximum of 150 feet, provided that all portions of the building exceeding the underlying height maximum are set back from the ultimate right -of-way line of all abutting streets and freeways a distance of at least equal to the height of that portion of the building.
(4
) Hazards to air navigation. Notwithstanding the regulations set forth in this section, no building or structure may be permitted at a height or elevation determined to be a hazard to air navigation.

SECTION 2. If any section, subsection, subdivision, sentence, clause, phra se, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clause s, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 3. The City Clerk shall certify to the adoption of t his ordinance and shall cause the same
to be published in accordance with law.

SECTION 4. This ordinance shall take effect thirty (30) days after i ts passage by the City Council.

PASSED, APPROVED AND ORDAINED this 25th day of January, 2023. __
________________________________________
M ayor
APPROVED AS TO FORM: ATTEST:
__
________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Ci ty Clerk
443
Attachment 7

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby cert ify t hat the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was pa ssed by the City Council of t he City of Eastva le at a regular meeting held on the 25th day of January, 2023, by t he following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______
_____________________________
Marc A. Donohue, MMC
City Clerk
444
Attachment 8

ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 12.05.080 (NEIGHBORHOOD

PRESERVATION STANDARDS) OF THE EASTVALE MUNICIPAL CODE

WHEREAS, section 12. 05.080 of Eastvale Municipal Code contains standards for that address unique neighborhood concerns regarding quality of life in the city.

WHEREAS, the City desires to amend this section to address inconsistencies and incorrect references.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 12.05.080(d)(2) of the Eastvale Municipal Code is amended in its entirety to read as follows (with crossed out words indicating deletions and underlined words indicating additions):

(d) Neighborhood preservation standards. In order to maintain a safe, clean, orderly, sanitary and aesthetically pleasing neighborhood character, the following standards of physical environment shall apply within the Eastvale Neighborhood Preservation Overlay (ENPO) Zone boundary all residential zones.

(2) Parking.

a. No vehicle shall be parked upon a public street for more than 72 consecutive hours within a radius of 500 yards and shall be subject to citation and/or removal by the city as provided for in state law;

b. No person shall construct, repair, grease, lubricate, or dismantle any vehicle, or any part thereof, upon a public street, sidewalk or right -of-way, except for temporary emergency purposes;

c. No vehicle, such as a car, truck, or motorized bike, shall be parked in any landscaped area, but may be parked in a garage or carport, or upon driveway or other improved parking area;

d. The improved parking area, and driveway, shall be constructed of concrete cement and shall not cover more than 50 percent of the required front and/or side yard area, consistent wi th Section 120.050.080(d)(3)(a)(1)(i). The improved parking area and driveway that existed on or were approved prior to the effective date of the ordinance from which this title is derived shall be exempt from this provision;

e. No commercial vehicles, or any part thereof, shall be parked up on a public street, sidewalk, right-of-way, private yard or private driveway, except when it is actively used for loading or unloading purposes, or while the owner of such commercial vehicle is 445
Attachment 8

working at the property where such vehicle is parked. No overnight parking of commercial vehicles is permitted;
f. No recreational vehicles shall be parked in any front yard area of a property. No recreational vehicle, or any part thereof, shall encroach upon a public street, sidewalk or right-of-way. Recreational vehicles shall be allowed, if they are screened behind a fence or wall of at least five feet in height and parked in a garage, side yard or rear yard. A recreational vehicle may be parked in a public right -of-way or approved parking area for a period of not more than 48 hours twice a month for the purposes of loading or unloading said vehicle;

g. Parking upon a public street or right -of-way shall be restricted for a designated day during the week in order to clear the curbside for street sweeping. This parking restriction shall be applicable only after a street sweeping schedule for the ENPO zone is established and legal notification of such restriction has been properly provided.

(3) Yard maintenance.

a. Any front yard and side yard landscaped area up to the street/curb (including the landscaped area, if any, between the sidewalk and the street/curb) that is visible from any public street or area, shall be landscaped and maintained by the property owner, unless maintained by a Maintenance District or H omeowners’ Association.

Maintenance shall include the following:

1. General yard maintenance:
(i) At least fifty percent (50%) of the required front and/or side yard area shall be landscaped with live plant materials, artificial turf with a dense pile height of at least 1.5 inches, decorative organic and inorganic landscaping material (mulch, rock, bark, etc.), or a combination of these materials; (ii) Keeping yards free of litter, trash, dead vegetation, and waste; (iii) Keeping lighting in working order;
(ivii) Mowing the lawn to a height of not more than six inches; and (iv) Applying mulch, bark, etc., as needed to cover all unplanted and unpaved areas.

2. Care of plants:
(i) If the yard contains plants, maintenance includes applying water, fertilizer, etc., as needed (consistent with any applicable watering limits) to all planted areas, including potted plants, to maintain plants in a healthy condition; (ii) Pruning trees and shrubs as needed for appearance, the health of the plant or tree, and to comply with other city requirements; and
(iii) Removing dead wood and branches.

b. All landscaping shall be maintained in a manner that does not cause a potential fire hazard or cause threat to public health, welfare and safety;

446
Attachment 8

c. An attractive nuisance shall not be harbored in a public street, sidewalk, right-of-way or a private property;

d. Outdoor storage shall not be permitted in a front yard, or side yard that is visible from any street, and shall not impede vehicular or pedestrian traffic in a public street, sidewalk or right-of-way;

e. Landscaping within a yard shall not obstruct a public street, intersection, sidewalk or right-of-way, either physically or visually;

f. Dying, decayed, untrimmed or hazardous trees, shrubbery or other landscaping in any front yard, or side yard that is visib le from any public area, shall be addressed and remediated within seven days of issuance of a code enforcement notice of violation, or as specified therein;

g. No accessory structure shall be permitted in a front yard. However, an accessory structure may be constructed in a side yard or rear yard if it is constructed according to the requirements of this title and screened from the public view. An accessory structure, which is determined by the building and safety department to be substandard, unstable, dilapidated, constitutes a fire hazard or otherwise is potentially dangerous to public health, welfare and safety, shall be removed from the property within 30 days of issuance of a code enforcement notice of violation, or as specified therein.

SECTION 2. I f any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council.

447
Attachment 8
PASSED, APPROVED AND ORDAINED this 25th day of January, 2023. __
________________________________________
M ayor
APPROVED AS TO FORM: ATTEST:
__
________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Ci ty Clerk
ST

ATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby cert ify t hat the foregoing Ordinance No. 23-XX, was introduced at a regular meet ing of the City Council of the City of Eastvale held on the 25th day of January, 2023, and wa s passed by the City Council of t he City of Eastva le at a regular meeting held on the 25th day of Ja nuary, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______
_____________________________
Marc A. Donohue, MMC
City Clerk
448
Attachment 9

ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 12.06.010 (GLOSSARY OF

TERMS) OF THE EASTVALE MUNICIPAL CODE

WHEREAS, section 12.06.010 of Eastvale Municipal Code provides all definitions that are used throughout title 120.

WHEREAS, the City desires to amend this section to address inconsistencies in terminology.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 12.06.010 of the Eastvale Municipal Code is amended in its entirety to read as follows (with crossed out words indicating deletions and underlined words indicating additions):

Sec. 120.06.010. - Glossary of terms.

(a) For the purpose of this zoning title, certain words and terms used in this title are defined as follows:

Building setback line means the distance between the proposed building line and the highway line or permanent access easement located on the same lot and the minimum setback distance required by the underlying zone.

SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsectio ns, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council.

449
Attachment 9
PASSED, APPROVED AND ORDAINED this 25th day of January, 2023. __
________________________________________
M ayor
APPROVED AS TO FORM: ATTEST:
__
________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Ci ty Clerk
ST

ATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby cert ify t hat the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was pa ssed by the City Council of t he City of Eastva le at a regular meeting held on the 25th day of January, 2023, by t he following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______
_____________________________
Marc A. Donohue, MMC
City Clerk
450
Attachment 10
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,

CALIFORNIA, AMENDING THE EASTVALE MUNICIPAL CODE
WHEREAS, the City d esires to make non-substantive clean-up changes to the Code that have been identified, including changing position titles.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. All re ferences t o “ Planning Di rector” in the Eastvale M unicipal Code, shall be amended and replaced with “Community Development Director.” SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or port
ions thereof be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with law.

SECTION 6. This ordinance shall take effect thirty (30) days after its passage by the City Council.

PASSED, APPROVED AND ORDAINED this 25th day of January, 2023. __
________________________________________
M ayor
AP
PROVED AS TO FORM: ATTEST:
__
________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Ci ty Clerk
451
Attachment 10

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby cert ify t hat the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 25th day of January, 2023, and was passed by the Cit y Council of the City of Eastva le at a regular meeting held on the 25th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______
_____________________________
Marc A. Donohue, MMC
City Clerk
452
Attachment 11
Publishing Date: Sunday, January 15, 2023

CITY OF EASTVALE
CITY COUNCIL NOTICE OF PUBLIC HEARING FOR PROJECT NO. PLN22- 20078 – MUNICIPAL CODE AMENDMENT
NOTICE IS HEREBY GIVENthat the Eastvale City Council will hold a public hearing onWednesday, January 25, 2023, at 6:30 p.m. at Eastvale City Hall Council Chambers located at 12363 Limonite Ave., Suite 900, Eastvale, CA 91752, to consider Project No. PLN22-20078, a City-initiated amendment to the Eastvale Municipal Code.

PROJECT DESCRIPTION: A City-initiated amendment to the Eastvale Municipal Code making technical and clarifying changes to the following chapters: Chapter 8.32 (Graffiti Abatement); Chapter

12.08 (Excavations in the Public Right-of-Way); Chapter 14.12 (Stormwater Drainage System Protection Regulations); Title 120 (Planning and Zoning); Chapter 120.04 (Standards Related to Specific Uses); Chapter 120.05 (Development Standards); Chapter 120.06 (Glossary); and Chapter 130.24 (Improvements); and adding the following chapters: Chapter 110.92 (Grading Operations).

PROJECT LOCATION: Citywide.

ENVIRONMENTAL: The proposed amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of CEQA (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not considered a “project,” as defined in Section 15378 of the CEQA Guidelines.

Any person may submit written comments prior to the public hearing or may appear in person before the City Council to be heard. Written comments may be mailed to the City of Eastvale Planning Division located at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 or via email to [email protected]. For the comments to be presented to the City Council at the meeting, all comments made in writing or via e-mail prior to the public hearing must be received by the City of Eastvale Planning Division no later than Wednesday, January 25, 2023, at 5:30 p.m.Oral and written comments may be submitted directly to the City Council at the public hearing. If you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this notice or in written correspondence delivered to the Eastvale City Council prior to or at the public hearing.

If you have any questions on the project, please contact Gustavo N. Gonzalez, Planning Manager, at (951) 703-4499 or [email protected].
453

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.1
January 25, 2023
Independent ZIP Code Advocacy Updates
Prepared By:

Alexander Fung, Senior Management Analyst
Recommended Action(s)
Staﬀ recommends that the City Council receive-and-ﬁle the Independent ZIP Code Advocacy Updates.

Summary
Currently, the City of Eastvale shares two Zoning Improvement Plan (ZIP) codes with the neighboring ci)es of Corona and Jurupa Valley. ZIP code “91752” is iden)ﬁed by the United States Postal Service (USPS) as Mira Loma; however, Mira Loma was annexed by the Ci)es of Eastvale and Jurupa Valley and no longer exists as a municipality or an unincorporated area. ZIP code “92880” is currently shared with the City of Corona.

The City’s lack of an independent ZIP code has caused various issues for the Eastvale community, which heavily impacts the City’s goal of developing branding and iden)ty for Eastvale. This item summarizes the advocacy eﬀorts that city staﬀ has undertaken to address the associated challenges over the past several months.

Background
Previously, city staﬀ developed a White Paper to highlight the importance for the City to have an independent ZIP code. The White Paper summarizes various issues and challenges that the City and residents face with two ZIP codes that are shared with neighboring communi)es. A copy of the White Paper can be found in Attachment 1. Major challenges include:

Business A2rac3on and Reten3on
: Major retailers, commercial developers, brokers, and the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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business community generally evaluate business expansion opportuni)es based on 1-mile, 3- mile, and 5-mile trade areas. Since the City’s incorpora)on, city staﬀ, property lessors, and local businesses have experienced challenges from the real estate industry given that the City’s trade area and ZIP codes are grouped with surrounding communi)es. Demographics in Eastvale are par)cularly unique and likely to aCract a diﬀerent set of vendors and businesses.

Retailers, developers, brokers, and real estate agents u)lize Geographical Informa)on System (GIS) plaForms such as Placer.ai, SiteSeer, and GISWebTech to review trade area data. Many of the major GIS real estate soGware u)lize analyses based on ZIP codes, which impact Eastvale’s demographic results given that Eastvale’s ZIP codes are shared with the neighboring cities of Corona and Jurupa Valley.

Community Iden3ty
: Eastvale’s lack of an independent ZIP code impacts the City’s eﬀorts to build community iden)ty. The City of Eastvale is no longer an alternate jurisdic)onal name that was previously associated with an unincorporated area in Riverside County. As the City has quickly established itself as one of the fastest-growing ci)es in Riverside County, establishing an independent ZIP code iv vital to the growth, sustainability, and iden)ty of Eastvale.

Emergency Management and Public Safety:

In the event of a major emergency that requires
response assistance from Federal or State agencies, Eastvale will very likely experience a delay in emergency response )mes from those agencies, due to the fact that Federal or State agencies will require addi)onal )me to iden)fy which areas of “Corona” and “Mira Loma” belong to Eastvale’s jurisdic)onal boundaries. An example can be found on the United States Geological Survey (USGS) website, where the agency currently iden)ﬁes areas in the “91752” ZIP code as “Mira Loma” instead of “Eastvale” or “Jurupa Valley.” In emergency situa)ons, every second is vital to ensuring an individual’s probability of survival. Having an independent ZIP code is not only essen)al to the iden)ty of Eastvale, but crucial in ensuring the wellbeing of residents.

Insurance Payment Rates
: Having an address associated with a ZIP code that is shared with another jurisdic)on has led to higher insurance payment rates for Eastvale residents.

Par)cularly, Eastvale residents residing in the “92880” ZIP code, which is shared with the southern neighboring city of Corona, have experienced impacts to their homeowner insurance rates. Recent wildﬁres in Corona have aﬀected Eastvale residents’ homeowner insurance coverage given that Eastvale shares a ZIP code with Corona. In some cases, this led to Eastvale residents losing insurance coverages or not being able to obtain insurance plans. Riverside County’s regional topography has shielded Eastvale from wildfire risks.

Sport League Par3cipa3on:

Many residents are frustrated that Eastvale’s lack of an independent ZIP code aﬀects the eligibility of their children’s sport league par)cipa)on. In many cases, associa)ons and sport leagues limit the number of teams allowed based on ZIP codes and not municipal boundaries.

According to an ar)cle published by the Congressional Research Service on June 14, 2022 (ACachment 2), there are two methods for jurisdic)ons to adjust and modify their ZIP code boundaries:

Method 1: ZIP Code Boundary Review Process

Any municipality or community group seeking a ZIP coed change can submit the request in wri)ng to the USPS. USPS will evaluate the request based on cost, mail delivery impacts, and issues related to community iden)ty. If the request is granted, the USPS will arrange a mee)ng with the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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proponent group to discuss USPS’ proposed accommoda)on. Once an agreement is reached, the USPS will commission a formal survey of customers who would be aﬀected by the proposed ZIP code change. If a simple majority of the impacted residents approve, the USPS will no)fy the aﬀected customers of the oﬃcial ZIP code change by mail, then provide the impacted residents with one year to transition their ZIP codes.

In the event that a ZIP code boundary request is denied by the USPS, proponent groups have 45 days to submit appeals.

Method 2: Acts of Congress

Congress may introduce legisla)on that requires the USPS to create a single ZIP code for a speciﬁed community. The most recent example of a ZIP code created by statute occurred in 2006 as part of the Postal Accountability and Enhancement Act. This Act granted ZIP code changes to Bradbury, CA, Discovery Bay, CA, Auburn Township, OH, and Hanahan, SC.

In August 2022, city staﬀ launched a new comprehensive eﬀort to advocate for Eastvale to obtain an independent ZIP code. Throughout the past several months, city staﬀ provided more than 20 community presenta)ons to spread awareness and garner support from local residents and community organiza)ons, obtained more than 10 leCers of support, and established partnerships with U.S. Senators Dianne Feinstein and Alex Padilla, California State Senator Richard Roth, California State Assemblymember Sabrina Cervantes, and Riverside County Supervisor Karen Spiegel. City staﬀ also spoke with major businesses in Eastvale to request their assistance in naming their branches as “Eastvale” instead of “Corona” or “Mira Loma.” Addi)onally, city staﬀ received conﬁrma)on from Google that the ZIP code changes would be immediately updated on Google Maps’ platforms once the USPS approves those changes.

Researching the City of Bradbury’s success in obtaining its independent ZIP code through congressional legisla)on, city staﬀ spoke with Bradbury’s City Manager Kevin Kearney to gain addi)onal insights. Mr. Kearney shared that the City of Bradbury had previously spent years advoca)ng for its own independent ZIP code. Similar to Eastvale, Bradbury received ZIP code boundary review denials from the USPS due to cost and mail delivery issues. Bradbury also aCempted to partner with congressional legislators to introduce legisla)on; however, standalone legisla)on aimed at gran)ng ZIP code changes to a single municipality can be easily dismissed during commiCee review at the USPS’ request. In 2006, Bradbury obtained a rare opportunity to partner with congressional legislators to insert a clause gran)ng Bradbury an independent ZIP code in a larger reauthoriza)on bill known as the Postal Accountability and Enhancement Act. The Act was ultimately passed by Congress and signed by former President Bush.

In November 2022, the City submiCed another ZIP code boundary review request to the USPS asking for Eastvale to be assigned its own independent Zip code. As expected, the USPS denied the City’s request due to cost and mail delivery issues. The City was given un)l January 26, 2022 to submit an appeal.

As Congress prepares for a new congressional cycle, city staﬀ obtained Congressmember Ken Calvert’s support to introduce another standalone legisla)on to resolve Eastvale’s ZIP code challenges.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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Based on the progress and eﬀorts that were made in the past several months, staﬀ will implement the following endeavors to continue the advocacy efforts:

Appeal Le2er
: In partnership with Congressmember Ken Calvert, city staﬀ submiCed an Appeal LeCer reques)ng the USPS to rescind the decision to deny Eastvale’s ZIP code boundary review request.

Business Outreach
: City staff will identify Eastvale businesses that list their branch locations as “Corona” and “Mira Loma” and develop an outreach campaign that encourages these businesses to rename their branch locations appropriately.

Community Presenta3ons
: City staﬀ will con)nue to provide community presenta)ons to stakeholders and request additional letters of support from community members.

Legisla3on and Federal/State Advocacy
: City staﬀ will partner with Congressmember Ken
Calvert to introduce a standalone congressional legisla)on that grants an independent ZIP code for Eastvale. City staﬀ will also request other congressional members to co-sponsor and support the bill. In addi)on to the standalone legisla)on, city staﬀ plans on partnering with federal lobbyists to iden)fy opportuni)es where the City’s ZIP code change request can be included as clauses in larger reauthoriza)on bills. Furthermore, city staﬀ will request state legislators to introduce a resolu)on aﬃrming the need for the City of Eastvale to be assigned an independent ZIP code. While the state resolu)on would have no legal eﬀect at the federal level, the resolu)on would serve as a strong message sta)ng that the State of California supports the City of Eastvale’s efforts.

Staﬀ will con)nue to provide periodic updates to the City Council regarding the City’s independent ZIP code advocacy efforts.

Environmental
This item is not a project as deﬁned by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.

Strategic Plan Action - Priority Level: 2
| Target #: 2
| Goal #: 4
This endeavor will support the City to develop branding and iden)ty for Eastvale by advoca)ng for the City to have an independent ZIP code and encouraging businesses to list their branch loca)ons as “Eastvale.”
Fiscal Impact
In addi)on to staﬀ )me accrued, the endeavor may accumulate expenses from marke)ng materials such as mailers, ﬂyers, brochures, s)ckers, and informa)onal kits. Funds for these materials are currently budgeted in the Community Development Department’s miscellaneous supplies and postage account, known as Account “100-301-6510.”
Prior City Council/Commission Action
The City Council received a presenta)on on the City’s independent ZIP code advocacy eﬀorts on September 28, 2022.

Attachment(s)
Attachment 1 - Independent ZIP Code White Paper

The Need for an
Independent Zip Code
459
1 Abstract
Without a definitive zip code, Eastvale is often
overlooked and omitted from consideration by
commercial developers and businesses,
affecting our sales tax base.

According to the United States Postal Service,
Eastvale is an “alternative city name for two
Mira Loma zip codes.” However, since 2010,
Eastvale is a growing full-fledged city,
incorporated under Riverside County Local
Annexation Law.

This paper highlights the need to correct the
incongruency between perception and reality
and establish Eastvale as a vibrant, unique
place with its own zip code.

Background
The ability to diversify and strengthen the
City’s tax base is central to its fiscal health and
sustainability. The lack of a definitive zip code
impacts the City’s identity and economic
culture.

Zip codes are not always aligned with
municipal boundaries. As of today, Eastvale has
two zip codes: 92880, which is shared with the
City of Corona, and 91752, which is shared
with the City of Jurupa Valley. There is an
inconsistency within the 91752 zip code
geographic area because the area is coded as
Mira Loma on postal mail which does not exist.

Prior to incorporation, this assignment was
acceptable when the population of what was
then known as Mira Loma was minimal.

However, in 2020 the old designation is causing
significant problems for the City of Eastvale’s
73,000+ residents and businesses.

Mira Loma has been annexed by the cities of
Eastvale and Jurupa Valley and no longer exists
as a municipality or census-designated place in
Riverside County.
460
2 Where is Eastvale?
This is a common question, even from those
who reside in the same county less than five
miles away. Eastvale is one of the newest cities
in Western Riverside County and California.

Geographically, Eastvale is 13.1 square miles
and “landlocked” by the cities of Chino, Jurupa
Valley, Ontario, and Norco. Eastvale’s proximity
to Ontario International Airport and Interstate
15 and California State Routes 91, 60, and 71
make it a hub to the region and a part of a
fast-growing global economy.

Prior to incorporation, the area was a census-
designated place in Riverside County known as
Mira Loma. The City transitioned from cows
and farmland to over 16,000 households with a
burgeoning commercial presence.

461
3 What’s the Problem?
Like other Cities, Eastvale competes for
commercial development. Commercial
developers make business decisions based on
the 1 mile, 3 mile, and 5 mile trade areas. Zip
codes set these trade areas. Without an
independent zip code, Eastvale’s population
demographics are grouped with residents from
neighboring cities - leaving out crucial
information that is specific to Eastvale
resident's demographics.

Demographics in Eastvale are unique and may
attract a different set of commercial vendors
than surrounding communities. The City’s
residents have an average age of 32, the
median income is over $110,000, and at least
35% of the population has a bachelor’s degree
or other higher education. With this
demographic, commercial developers see an
opportunity to do business in Eastvale.

Eastvale has incurred difficulty from the
development community because our trade
area is not distinct as the zip codes pull
economic data from surrounding communities
versus evaluating Eastvale’s data, and it is
challenging to carve out Eastvale as a niche
market in the region.

One of the top 25 sales tax-generating
businesses in Eastvale has significant issues
with truck deliveries because the zip code
92880 shows the city of Corona in all
wayfinding and directional applications,
thereby sending deliveries to the wrong city.

Currently, Eastvale residents are assigned
mailing addresses bearing the names of
neighboring jurisdictions. Having an address
improperly associated with another city causes
higher insurance rates. For example, the
recent wildfires in Corona have affected
insurance rates and, in some cases, caused
462
4 people to lose insurance or not be able to
obtain insurance.

A lack of a definitive zip code causes
confusion with voter registration, misdirected
property, and sales tax revenues, and
decreased property values because sales
comparables are mixed with adjacent
communities and not exclusive to Eastvale.

Thus the continuity of property values is
disrupted.

The need to use mailing addresses from
neighboring jurisdictions essentially strips a
part of Eastvale’s hard-earned community
identity and pride. This issue is particularly
pronounced for Eastvale because the City is
only nine years young and is still developing
into a full-service city.

Norco College, part of Riverside Community
College District and fifth largest community
college district in California, has difficulty
accounting for the amount of Eastvale
residents enrolled at the College. This
discrepancy requires a manual and time-
consuming process utilizing Geographic
Information Systems to individually map
Eastvale residents within the two zip codes. A
letter from the President of Norco College is
included as an attachment.

Official mail from the City of Eastvale is being
returned from the United States Postal Service
with the city name “Eastvale” crossed out and
the name “Corona” written instead. This
impacts legal notices sent from the City to
residents about development, Code
enforcement and City events and impacts the
delivery of all mail to businesses and residents.

Without a postal location, we are associated
with the rural routes in the nearby City of
Norco, rather than the suburban zones that
exist in Eastvale. This confusion exacerbates
delays in mail deliveries.
463
5 Formal Request to Establish Independent
Zip Code
The City engaged its Congressional
Representative, Ken Calvert, to document the
need for an independent zip code.

Since its incorporation in 2010, the City
submitted letters documenting the impacts
associated with a lack of an independent zip
code.

The Eastvale business community loses revenue
because the zip code does not coincide with
the City boundaries. Multiple zip codes cause
confusion with deliveries, receipt of mail, and
patronage because mapping programs are
based on zip codes and send drivers to the
wrong location. Receipts from businesses
located in Eastvale show Jurupa Valley, Mira
Loma and Corona as their location Copies of
receipts and the postal notification are
attached to document this ongoing issue.

The City of Eastvale is no longer an alternate
city name for an area that was previously
unincorporated Riverside County. The City of
Eastvale is a full-fledged city that has quickly
built one of the fastest-growing cities in
Riverside County. Establishing a zip code for
the City is vital to the growth and
sustainability of Eastvale.

464
6 Attachments

465
7 92880 Zip Code listed as Corona for
Eastvale business Jono’s Simple
Japanese

Starbucks adjacent to Eastvale City
Hall

466
8 Businesses in the Eastvale Gateway
Shopping Center (same shopping
center as Eastvale City Hall).

467
9 United States Postal Service Domestic
Return Receipt with Eastvale crossed
out.

Certified Mail returned as an
insufficient address.

468
10 Google Maps Image of the same
address.

469
470

https://crsreports.congress.gov

June 14, 2022
Postal Primer: ZIP Codes and Boundary Review Process
The United States Postal Service (USPS) establishes postal ZIP codes to assist in the efficient sorting and routing of mail. As of March 5, 2022, there were 41,683 ZIP codes in the United States.

This In Focus provides a brief history of postal ZIP codes and information on the processes to establish a new ZIP code or change existing ZIP code boundaries.

Postal and Nonpostal Use of ZIP Codes
USPS developed postal ZIP codes to facilitate automated sorting of mail. However, researchers and data analysts frequently turn to ZIP codes as a tool for organizing and presenting data. For example, public opinion pollsters often ask respondents for their ZIP codes so that survey data may be weighted by geographic region. Auto insurance
premiums are typically based, in part, on traffic and crime statistics within a customer’s ZIP code. Postal ZIP codes do not always align with recognized municipal boundaries.

This is because ZIP code boundaries are based on mail
routes and delivery points rather than geographic factors.

History of Postal ZIP Codes
The U.S. Post Office Department, predecessor to USPS,
developed a zoning address system in 1943 as a way to
make sorting and delivery of mail easier. The first postal zones were one to two digits and used in large cities only.

Between 1943 and 1963, mail volume doubled. To handle
the increased volume, the Post Office Department
introduced the Zoning Improvement Plan (ZIP) to improve the efficiency of mail sorting and delivery.

In July 1963, the Post Office Department introduced
nationwide five-digit ZIP codes and began a marketing and education campaign using a cartoon letter carrier, Mr. ZIP.

Figure 1. Mr. ZIP

Source: USPS, “Postal History,” https://about.usps.com/who/profile/ history/pdf/mr-zip.pdf.

The goal of the campaign was to familiarize the public with the new postal ZIP codes and encourage customers to use ZIP codes consistently when addressing their mail.

In 1983, USPS introduced ZIP+4 codes, which allow mail
to be further sorted by block, street, or building.

Components of a Postal ZIP Code
According to USPS, the first number of a ZIP code
represents a broad geographic area (see Figure 2). For
example, ZIP codes for addresses in the Northeast begin with “0” and ZIP codes on the West coast begin with “9.” The next two numbers represent regional areas, while the last two represent specific post offices or postal zones.

Generally, the first three numbers of a ZIP code correspond to the USPS Sectional Center Facility that processes and distributes mail for the geographic area.

Figure 2. USPS ZIP Code Map

Source: USPS, “Postal Facts.”
Customers may look up ZIP codes by address (or cities by ZIP code) using the USPS ZIP Code lookup tool at
https://tools.usps.com/zip-code-lookup.htm.

ZIP Code Boundary Review Process
USPS may establish a new ZIP code based on an internal
review of ZIP code assignments. Alternatively, USPS may establish a new ZIP code following a ZIP code boundary
review that was initiated by a request from the public.

Requests to change existing ZIP code boundaries are
subject to the same process.

The 2016 USPS “Management Instruction: ZIP Code
Boundary Review Process” outlines USPS’s policies to
consider and, if possible, accommodate requests to modify ZIP code boundaries or change the last lines of an address (e.g., the city or town name). According to USPS, ZIP code assignments depend largely on delivery areas and postal routes and may not correspond to municipal or perceived community boundaries.

Submission of Documentation
The ZIP Code Boundary Review Process requires any
municipality or community group seeking a ZIP code
change to submit the request in writing to the USPS district manager who is responsible for the area along with any
rationale and justification. Alternatively, requests may be 471494
Postal Primer: ZIP Codes and Boundary Review Process
https://crsreports.congress.gov
submitted to a local postmaster, who will forward the
request and accompanying documentation to the district
manager.

The local postmaster is not the decisionmaker in this
process. Instead, the district manager is to identify all relevant issues and potential solutions to them, quantify the specific operational impacts and feasibility of the request, meet with the group of proponents to discuss issues and explain potential alternatives, and provide a final
determination within 60 days of receiving the request.

Factors Considered
When considering a request for a new ZIP code, USPS
considers factors that may affect its capacity to efficiently deliver mail, such as estimated growth in the number of delivery points. USPS encourages proponent groups to
provide documentation of anticipated business and retail developments that may require new delivery points or
increase mail volume in the area.

The 2016 Management Instruction suggests that community requests to change existing ZIP code boundaries be
consistent with formally established municipal boundaries.

USPS suggests that proponents provide documented
endorsement of the request from local government officials.

After a municipality or community group has submitted a request to USPS, the district manager will identify internal and external issues, including
 whether the requested boundary is “cohesive and
manageable” for mail delivery,
 if the revised or new boundary would create duplicate street addresses within a single ZIP code,
 if existing facilities can accommodate the change, and  how the change might impact timeliness of mail
delivery and customer satisfaction.

The district manager will estimate the workhours and costs associated with the proposal, including changes in daily mileage for mail carriers, new facilities or equipment that may be required, costs to reprogram automated mail sorting equipment, and costs of handling misdirected mail.

Generally, USPS limits its consideration to factors that involve mail delivery. However, USPS will reasonably
consider factors related to community identity, particularly if the request is from an undeveloped or newly developed area.

Survey of Affected Customers
If USPS considers granting the request, the local postmaster will arrange a meeting with the proponent group to discuss USPS’s proposed accommodation. If an agreement is
reached with the group, USPS will commission a formal
survey of customers who would be affected by the proposed change. The survey informs customers of the nature and
scope of the proposed change (e.g., town name and/or ZIP code) and the implementation date. A simple majority of the survey respondents is adequate for approval.

Determination
When a request is approved, USPS will notify affected
customers by mail. Generally, USPS provides customers
with a one-year transition period during which they may use the old or the new ZIP code. Customers who continue to use their old ZIP code after one year may experience delivery delays due to misdirected mail.

The district manager must notify the proponent group in writing if its ZIP code request was denied. The notification must include specific justifications for the denial, must be based on the results of the analysis, and must advise the proponent group of the appeal process.

ZIP Code Boundary Appeal Process
The proponent group may appeal to headquarters if the ZIP code request is denied. Any appeals must be submitted
within 45 days of the district manager’s final decision.

Adverse decisions may be appealed, except in cases where a ZIP code request was denied because of the results of the customer survey. The USPS Manager, Rural Delivery,
handles all appeals, including those from urban and
suburban areas. Appeals should be submitted to:

Manager, Rural Delivery
U.S. Postal Service
475 L’Enfant Plaza, SW, Room 7416
Washington, DC 20260-7340
Alternative Accommodations
A compromise solution that does not involve changing
USPS’s existing delivery structure is to allow customers to use an alternative city name while keeping the same ZIP code. This situation most commonly occurs when multiple communities fall within the boundaries of a single ZIP
code. According to USPS, alternative administrative
solutions such as this should be pursued “to the extent reasonably practicable.” USPS further states that a ZIP code boundary change should be considered only in cases where there is no reasonable administrative option.

Designating a ZIP Code by Statute
Congress may introduce legislation that, if enacted, would require USPS to create a single ZIP code for a specified community. The most recent example of a ZIP code created by statute occurred in 2006 as part of the Postal
Accountability and Enhancement Act (P.L. 109-435).

Section 1009 of the act required the creation of unique ZIP codes for (1) Auburn Township, OH; (2) Hanahan, SC; (3) Bradbury, CA; and (4) Discovery Bay, CA.

Michelle D. Christensen, Analyst in Government
Organization and Management
IF12132

472495
Postal Primer: ZIP Codes and Boundary Review Process
https://crsreports.congress.gov | IF12132 · VERSION 2 · NEW

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.

Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permissio n of the copyright holder if you wish to copy or otherwise use copyrighted material.

473496

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.2
January 25, 2023
Update on Collision Incidents Since Implementa,on of a 3-Way Stop Controlled Intersection at 68th Street and Sumner Avenue Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council direct staﬀ to connue operaon of the 3-way Stop Controlled Intersecon unl a signalized intersecon warrant analysis is conducted, and ﬁnd that the connuaon of the 3-way Stop Controlled Intersecon is exempt from review under the California Environmental Quality Act (CEQA).

Summary
A 3-way stop controlled intersecon was installed at 68th and Sumner in 2019. Prior to installaon, Sumner Ave was a through street and 68th was stop controlled (one-way stop). Since then, there has been ﬁve or more collisions per year at the intersecon of Sumner Ave and 68th Street. The number of collisions warrants the continued operation of the stop controlled intersection.

However, since this stop controlled intersecon is the only intersecon of this type along Sumner, south of Limonite, staﬀ will conduct a signalized intersecon warrant analysis in preparaon for Phase 2 of the Citywide Traffic Signal Synchronization.

Background
Prior to 2019, Sumner Ave was a through street and 68th Street was a stop controlled intersecon.

Mulple traﬃc collisions in 2019 prompted staﬀ to consider and prepare an all-way stop warrant analysis.

In 2017, there were eight broadside collisions. Between 2018 and 2019, there were 5 collisions. The number of collisions met the warrant requirement of minimum 5 collisions in a recent 12 month 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
474
period and therefore a 3 way stop intersecon was implemented in the winter of 2019. Since the implementaon, there have been numerous collisions at this locaon to warrant the connued operation of the 3 way stop controlled intersection.

Environmental
This item is exempt from review under CEQA under CEQA Guideline 15301, which exempt the operation of existing facilities from environmental review.

Strategic Plan Action - Priority Level: 1
| Target #: 2
| Goal #: 4
Enhance traffic safety enforcement education.

Fiscal Impact
There is no fiscal impact.

Prior City Council/Commission Action
City Council requested an update on this item during the December 14, 2022 City Council Meeting.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
475

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.3
January 25, 2023
Flock Safety Cameras Presentation
Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staﬀ recommends that the City Council receive the presentaon and provide direcon to City staﬀ regarding use of Flock Safety Cameras.

Summary
Lieutenant Ernie Esquibel, Riverside County Sherriﬀ's Department, will provide a presentaon on Flock Safety cameras and technology.

Flock Safety's mission is to eliminate crime through the implementaon of automac license plate readers in City areas. Flock Safety currently has cameras in over 1500 cies in 40 states and over 1000 police departments.

Background
Not applicable.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: 4
| Goal #: 6
Use innovaon and technology to enhance public safety with consideraon and balance of privacy and trust (Target 4, Goal 6).

Fiscal Impact 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
476
Not applicable.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment - Flock Safety Overview

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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477
Your partner
in fighting
crime
Let´s defeat crime together
478
Use cameras that are solar powered and include LTE internet connectivity (unlimited use included in cost), so they can be rapidly deployed virtually anywhere.

Thousands of communities use privately- funded Flock Safety cameras throughout the country, which provides a huge benefit to local law enforcement as they can have access to those cameras without having to pay for them.

Our cameras cost $2,500 per camera per year which includes hardware, software, solar power, LTE connectivity, unlimited users, and unlimited data storage.

Uncover more than shell casings; get from “shots fired” to a suspect vehicle in real- time with the Raven ™ audio detection device, an accessory for your ALPR that identifies crimes in progress before 911 is called.

Capture far more than just license plates. Allow your investigators to search footage by vehicle type, make, color, and other unique attributes; identify the state of a license plate; capture temporary plates, paper plates, and vehicles without plates.Our cameras also capture two (2) lanes of traffic traveling up to 100 MPH.

Protecting your jurisdiction is of the utmost importance. Thank you for considering Flock Safety’s technology system as part of your comprehensive strategy to promote the safety ofyour city, citizens, and officers. We are more than just a camera company - we are a crime- fighting technology company with a mission to eliminate crime in the United States.

Infrastructure free
Public & private partnerships
Simple & affordable
Integrated Audio Detection
Vehicle fingerprint™ technology
What makes Flock Safety’s
technology different
479
Law Enforcement
Agencies
U.S. Cities
Stolen vehicle
reads/hr
Flock Safety’s technology includes fixed license plate reading cameras, audio detection devices, and software for unlimited users to access footage and receive Hot List notifications. 1000+
1500+
120
480
In April 2019, Marietta Police Department released a study that shows they experienced a 34% reduction in calls for service by targeting crime hot spots throughout the city with Flock Safety cameras.

Our solution captures 30% more plates than our leading competitor, according to a side-by-side study done by LASD in 2019, largely due to using AI and Machine Learning to analyze the entire vehicle profile instead of legacy Infrared based technology.

In October 2019, Cobb County Police Department released a study based on their installation of 13 Flock Safety cameras in March. Over the six-month period, Cobb police reported a 60% reduction in overall crime by focusing on the beat with the highest crime levels.

Police departments need a scalable solution to increase clearance rates and deter crime. Flock Safety’s cameras see like a detective to make actionable evidence available when needed that is easily searchable by vehicle type, make, model, unique features, color, time frame, or plate details. We deliver this detail through Machine Learning technology that scans each image for distinguishing features instead of traditional metal plates. This meanswe can also detect vehicles with no plates, temporary plates, dirty/covered plates, and evenget accurate state detection.

Flock Safety’s mission is to eliminate crime. This is possible with city-wide coverage of automatic license plate readers (ALPRs) for public safety organizations and private citizens.When a crime occurs, Flock Safety cameras deliver the actionable evidence you need to make an arrest. Flock Safety camera systems live in over 1500 cities in 40 states and over 1000 police departments. With an average of 120 Hot List notifications sent an hour with jurisdictions throughout the U.S., our team is helping agencies solve and prevent crime every minute.

Company Overview
What makes Flock Safety’s technology different
34%
60%
30%
481
Within one week, Flock Safety cameras notified officers of twovehicles on the NCIC Hot List. During the seizure of one of the vehicles, a wanted murderer in the state of Louisiana was arrested. Both vehicles were returned to their owners. • Location: Houston suburb
• Flock Cameras: 50+
• Residents: 8,000
• Installation: Two months from purchase
Cameras within the city led to the arrest of a suspect who allegedly brutally attacked a woman. Officers were able to locate and arrest the suspect using Flock cameras after weeks of the suspect being on-the-run. • Location: Atlanta suburb, in Cobb County, Georgia
• Flock Cameras: 70 and growing within the county (30 police and 40 private cameras) • Residents: 65,000 in Marietta
• Installation: Two months from purchase for first hotspot created Jersey Village, Texas:

A camera on every street to create a virtual gate
Marietta, Georgia:
34% reduction in calls for service in targeted hotspots Customer Results
482
Cobb County Police Department utilized 35 Flock cameras in 2 containment zones in their highest crime beats to reduce crime by over 60%. • Location: Cobb County, GA is just outside of Atlanta
• Flock Cameras: 35 for PD, over 100 including private sector cameras • Residents: 750,000 in Cobb County
• Installation: Phased approach
• Contact: Deputy Chief Stuart Vanhoozer at stuart.vanhoozer@ cobbcounty.org or (404) 375-1926
Los Angeles Sheriff’s Department performed a head-to-head test of the Flock Safety camera versus a legacy ALPR solution. • The results showed that the Flock Safety camera captures 30% more vehicle images and provides more accurate reads than traditional cameras triggered by infrared technology. • Conducted in limited lighting from 2:00 AM to 8:00 AM, and from 11:00 PM to 6:00 AM.
• Causes for missed vehicles and/or misread plates were associated with the amount of reflectivity of the plate (older/dirtier tags, and dealer provided paper plates).

1.5 1.2

0.9 0.6

0.3 0.0
Los Angeles, California:

Sheriff’s Department performs detection accuracy test
Cobb County, Georgia:

Containment strategy in highest crime beat of the county Customer Results
483
•
•
•
•
•
•
•
Connected to the NCIC Hot List & CJIS compliant
State detection to ensure quality
alerts
Hotlist alerts (includes privately
owned cameras in your jurisdiction)
Create custom alerts for tags under
investigation with your organization
Filter notifications by reason codes
(exclude sex offenders, include stolen plates, etc.)
Email and SMS alerts to users
Audible and visual alerts
•
•
•
•
•
•
•
•
•
•
•
Filter search by specific camera location
Capture vehicles regardless of plate
type (paper, no plate, etc.)
Search results with vehicle summary
in multiple formats
Filter by Vehicle Fingerprint™
Date and time
Vehicle Characteristics
Plate (partial/full)
Plate Type (in state, out of state,
temporary tag)
Build & Color
Resident status
Location/Date/Time
Flock Safety Automatic License Plate Reading (ALPR) cameras do not just identify the plateseen but all the objects within the frame. Even if the vehicle does not have a tag, the image can be captured for review. The user interface provides has unlimited user licenses. Within the software component, law enforcement can receive hotlist alerts and create custom alerts for plates under your investigation.

Detect Crime
Software user interface
Access Evidence
FlockOS
484
A new way to solve cross-jurisdiction crimes
• New privacy setting (National + State
search)
• 1B+ monthly reads
• Attached to “Lookup” experience
Give city council an ROI report
• Discover crime and traffic patterns
• Prioritize changes by greatest impact
• Change your community for the better
Search plates across your jurisdiction
• “I have the plate where is the car?”
• Designed to search all cameras, all time
• Get a full view of all activity tied to one
vehicle in your network
Scan license plates from the convenience of your mobile device • Instantly search the FBI’s NCIC Hot List
and custom Hot Lists for a license plate match
• Maximize law enforcement efforts
inthe-field with unlimited users
• Apply Vehicle Fingerprint ™ technology
to images captured on your phone
Performance
Temporary Plate
Insights
National and Local Sharing
Lookup
Flock on Patrol Mobile App
Daytime Footage
Nighttime Footage No Plate
Covered Plate
Two Lanes of Traffic485
Dimensions: 8.75” x 3”
Weight: 3 lbs
IP65 Waterproof
850nm Custom IR Array
14Ah Battery
30W Solar Panel (14” x 21”)
AC Power (5 ft. range)
16GB local storage, ~2 weeks
Passive Infrared Motion Detection
Designed & manufactured in the U.S.

Embedded Cellular LTE Connection
Cellular service provider depends on area
30 days storage (Amazon Web Services)
Accessible via secure website
Images can be downloaded and stored by department
100-240 VAC <1 amp
60 W Solar
11-14 Volt

1.4GHz
64-bit quad-core CPU
30-50 ft from vehicles
Up to 2 lanes of traffic per camera
Date and time with camera location
Plate (state, partial, paper, and none)
Vehicle details (Make, type, and color)
NCIC and Custom Alert Notifications
Average of 10-15 seconds
Includes time, location, plate, and vehicle image
Includes state specific alerts based on
image
Data
Power
Design
Motion
Production
Night Vision
Connectivity
Cloud Storage
Motion
Power Source
Image Capture
Processing Power
Camera Specifications
Camera Performance
486
•
•
•
Regular software updates at no additional cost
Camera maintenance is included in the
subscription
Unlimited users for hotlist integration
and alerts, and camera footage search
The average installation is to 6-8 weeks. Camera locations and installation timing is coordinated by the Flock Safety Customer Support team.

New customers will first get connected with an On boarding Specialist who will spearhead the installation project to completion. Once cameras are successfully capturing footage, customers get introduced to their dedicated Customer Success Manager. This person servesas the main point of reference for all things Flock Safety (training, setup questions, etc). In addition, the Flock Safety Support team monitors the [email protected] inbox Monday through Friday, 8:00 AM to 5:00 PM EST.

Safety-As-A-Service
City intersection
Solar & existing pole
Entrance to Hotel Solar
& Flock 14 foot pole
Installation & camera locations
City Foot Traffic Street
Electric & existing pole
Training, Ongoing Support & Timeline
487
•
•
•
•
•
For the complete list of Terms & Service, please visit
https://www.flocksafety.com/legal.

All Flock products are under warranty for the duration of the Customer’s contract.

Flock cameras have built-in alarms to alert us if a camera is not performing at optimal standards. In the event of a camera performance issues, maintenance teams will be deployed at no additional cost.

In the event the Flock camera is physically damaged or stolen, the first camera replacement will be made by Flock at not additional cost. A reassessment of camera location will be made at that time to deter further issues.

In the unlikely case that an additional replacement camera is needed, the customer will be responsible for the $500 cost.

Flock reserves the right to refuse or delay replacement or its choice of remedy for a defect until after it has inspected and tested the affected Unit; provided that such inspection and test shall occur within 72 hours after the Agency notifies the Flock of defect.

Warranty
Terms, Conditions, & Service Level Agreement Information Details
488
Camera Hardware:

Hosting & Analytics:
$2,500 per camera, per year + $350 one-time implementation fee √ Automatic license plate reader
√ Solar or DC Power
√ Mounting equipment
√ Maintenance Warranty
√ Cloud hosting
√ Unlimited user licenses
√ Hot list integration & alerts
√ Ongoing software enhancements
Flock Safety does not provide electrical services. Electrical work not included in the price. Flock Safety’s open API platform will allow neighboring agencies to pull read data into theirplatform at no extra cost. Flock Safety is not responsible for building this integration but it would be fully supported to export camera images from Flock Safety’s ALPR Cameras. www.flocksafety.com 866-901-1781
Pricing
489

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.4
January 25, 2023
Community Behavioral Assessment Team (CBAT) Presentation Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staﬀ recommends that the City Council receive and ﬁle a presenta on on Jurupa Valley Sherriﬀ's
Station Community Behavioral Assessment Team (CBAT).

Summary
Lieutenant Ernie Esquibel, Riverside County Sherriﬀ's Department, will provide a presenta on on
Jurupa Valley Sherriff's Station Community Behavioral Assessment Team (CBAT).

The Community Behavioral Assessment Team is a specialized unit of clinical therapists that work alongside sheriﬀs and police oﬃcers. The Team consist of a specially trained sheriﬀ or police oﬃcer and an RUHS-BH clinical therapist that respond to calls for law enforcement that involve individual(s) experiencing a mental health crisis. CBAT seeks to avoid adverse outcomes by diver ng
individuals with mental health issues to appropriate community services and behavioral health resources.

Background
Not applicable.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: 4
| Goal #: 3
Increase law enforcement involvement with the community (Target 4, Goal 3). 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
490
Fiscal Impact
Not applicable.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment - Community Behavioral Assessment Team Information

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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491

Jurupa Valley Sheriff’s
Station –
Community Behavioral
Assessment Team
CBAT

MENTAL HEALTH

EMERGENCY

GUIDELINES

FOR CALLING
9-1-1

24 Hour Crisis Line
• Crisis/Suicide HELPLine – 951-868-4357
• National Suicide Prevention Lifeline – 800-273-
8225 Spanish: 888-628-9454 TTY: 800-799-
4889
• Crisis Text Line – Text 741741 from anywhere
in the US to text with trained Crisis Counselor
• Veterans Crisis Line – 800-273-8255
• The Trevor Project – 866-488-7386

24/7 Emergency Treatment
Services
• Emergency Treatment Services -
9990 County Farm Rd, Riverside CA 92505,
951-358-4700
• RUHS Medical Center – 26250 Cactus Ave,
Moreno Valley CA, 92555, 951-486-4000
• Corona Valley Regional Medical Center
730 Magnolia Ave, Corona, CA 92879,
951-736-7230

Non-Emergency Resources
• RI Inc Mental Health Urgent Care -
9890 County Farm Rd Building 2, Riverside CA,
92503 - 951-509-2499
• CARES Line (Community Access, Referral,
Evaluation, and Support) - 800-706-7500
• Substance Use Community Access, Referral
Evaluation, and Support (SU CARES) Line -
800-499-3008
• NAMI - (951) 765-1850
• Operation Safe House - 951-351-4418
• Path of Life – 951-462-9822
• The Public Guardian - 951-955-1540

Clinics (In and Around Jurupa
Valley)

• The Lehman Center (ages – 3075 Myers St,
Riverside, CA 951-358-4625
• TAY (ages 16-25) - 2085 Rustin Ave,
Riverside CA 92507, 951-358-4100
• Blaine Street Adult Clinic - 769 Blaine Street,
Suite B Riverside, CA 92507, 951-358-4705
• Jefferson Wellness Center - 2085 Rustin Ave
#3, Riverside, CA 92507, 951-955-8000
• RUHS Mature Adult Clinic (ages 60+) – 2085
Rustin Ave, Riverside, CA 92507, 951-509-2400

Personal Information
Be prepared to provide dispatch and the
responding deputy your family
member/friends medical and mental health
history and a list of current medications

Be prepared for a 5150 application
If your family or friend is in danger or
hurting themselves or others, or is
considered gravely disabled, it may be
necessary to place them on an involuntary
hospitalization of up to 72 hours for
additional help and evaluation

In case of hospitalization
Many times while involved in a crisis, it may
be difficult for law enforcement or other
designated officials to gather collateral
information about your family
member/friend. You are able to share your
information by filling out an AB 1424 form.

Visit namica.org/resources/criminal-
justice/information-forms/ for further
information and instructions.

RUHS -BH SUPPORTIVE SERVICES
•Peer Navigation Line – 888-768-4968
•Family Advocates Program – 800-330-4522
•Parent to Parent Support Line – 888-358-3622
•Inland Regional Center – 951-826-2600
•Information and Referral - 211

PLAN AHEAD

JURUPA VALLEY SHERIFF’S STATION
7477 MISSION BLVD
JURUPA VALLEY, CA 92509
951-955-2600

492

We all want to protect the people we love, but
sometimes we can’t do it on our own
If a family member or friend is in a mental health
crisis and at risk of harming themselves or others,
call 911 – even though you or your family member
may be upset or afraid – to help ensure everyone’s
safety.

1. BEFORE CALLING 911
Be prepared: Become familiar with the guidelines
of this brochure.

Know your rights: If the individual is placing you or
others in danger, law enforcement need to step in
and help. You have the right to ask for help and
your loved one had the right to receive help.

Try and remain calm: Take a few deep breaths so
you can speak slowly and as calmly as possible.

Remove harmful items: If possible, remove any
items from the immediate area that could be used
as a weapon; such as firearms, knives, tools, or
baseball bats.

If your family member/friend is an adult, the C.B.A.T
cannot disclose information about them due to
medical records-related privacy laws.

Your statements and historical information concerning
a possible crisis are an important part of a mental
health investigation (CA WIC 5150.05)
What to do in a mental
health emergency

2. DURING THE CALL
Try to make the call from a safe and quiet place
where your family member or friend will not feel
threatened by overhearing you.

• State that you are calling about a mental health
emergency and inquire if a Community Behavioral
health Assessment Team is available

•Describe the situation in detail, such as whether
your loved one is suicidal, aggressive, off their
medication, or threatening others

•Listen carefully and answer the dispatcher’s
questions so they have the information to help

•Stay on the phone – emergency help is being
dispatched. DO NOT HANG UP until you are asked
to do so by the dispatcher

3. WHEN LAW ENFORCEMENT

ARRIVES
• If possible, meet law enforcement outside your
home

•Tell them what you have seen and heard – stick to
the facts

• Explain what is happening now

•Let them know what has and has not worked in the
past

• Please be aware that law enforcement may detain
you family member/friend, which may include them
being handcuffed, for everyone’s safety

•If the person in crisis is being transported – find out where

•Listen to their direction – law enforcement is there
to help

911 Checklist
If your family member/friend is in
crisis and you need to call 911,
please be prepared to give the
911 dispatcher the following
information:

o Your name
o Address to which law enforcement
should respond
o Nature of the crisis (why you need
law enforcement)
o Prior or current violent behavior
o Weapons or access to weapons
o Name of the person in crisis
o Age of the person in crisis
o Height and weight of the person in
crisis (to the best of your ability)
o Clothing description of the person in
crisis
o CURRENT location of the person in
crisis
o Any known previous diagnosis
(Medical and/or mental health
o Current medications (On or off)
o Drug use (current or past)
o Known triggers (what upsets them)
o State what has helped the person in
previous crisis situation, especially
with law enforcement
o Identify others in the location or
residence

IMPORTANT: You are asking a stranger to come
into your life and home to resolve a crisis. They
will only have the information that you provide
them. It is a good practice to gather as much of
this information as possible before a crisis
occurs
493

https://crsreports.congress.gov

This In Focus provides a brief history of postal ZIP codes and information on the processes to establish a new ZIP code or change existing ZIP code boundaries.

This is because ZIP code boundaries are based on mail
routes and delivery points rather than geographic factors.

In July 1963, the Post Office Department introduced
nationwide five-digit ZIP codes and began a marketing and education campaign using a cartoon letter carrier, Mr. ZIP.

Figure 1. Mr. ZIP

Source: USPS, “Postal History,” https://about.usps.com/who/profile/ history/pdf/mr-zip.pdf.

The goal of the campaign was to familiarize the public with the new postal ZIP codes and encourage customers to use ZIP codes consistently when addressing their mail.

In 1983, USPS introduced ZIP+4 codes, which allow mail
to be further sorted by block, street, or building.

Generally, the first three numbers of a ZIP code correspond to the USPS Sectional Center Facility that processes and distributes mail for the geographic area.

Figure 2. USPS ZIP Code Map

Source: USPS, “Postal Facts.”
Customers may look up ZIP codes by address (or cities by ZIP code) using the USPS ZIP Code lookup tool at
https://tools.usps.com/zip-code-lookup.htm.

Requests to change existing ZIP code boundaries are
subject to the same process.

The 2016 Management Instruction suggests that community requests to change existing ZIP code boundaries be
consistent with formally established municipal boundaries.

USPS suggests that proponents provide documented
endorsement of the request from local government officials.

Section 1009 of the act required the creation of unique ZIP codes for (1) Auburn Township, OH; (2) Hanahan, SC; (3) Bradbury, CA; and (4) Discovery Bay, CA.

Michelle D. Christensen, Analyst in Government
Organization and Management
IF12132

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Postal Primer: ZIP Codes and Boundary Review Process
https://crsreports.congress.gov | IF12132 · VERSION 2 · NEW

473496

Eastvale City CouncilJanuary 25, 2023

Eastvale City Council
January 25, 2023