REGULAR CITY COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Closed Session Meeting: 5:30 PM
Regular City Council Meeting:
6:30 PM
Wednesday, November 13, 2024
City Councilmembers
Christian Dinco, Mayor
Michael McMinn, Mayor Pro Tem
Clint Lorimore, Councilmember
Todd Rigby, Councilmember
Jocelyn Yow, Councilmember
Mark Orme, City Manager
Erica Vega, City Attorney
Marc Donohue, Government Services Director/City Clerk
This Agenda contains a brief general descrip)on of each item to be considered. Except as otherwise provided by law, no ac)on or direc)on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor)ng documents, including staff reports, and any wri)ngs or documents provided to a majority of the City Council a/er the pos)ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
Members of the public can observe the mee)ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Office by email at [email protected]
. Staff will monitor emails to the
extent possible during the mee)ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre)on to reduce )me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking )me. If a comment is received before the agenda item is heard but before the close of the mee)ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.
In compliance with the Americans with Disabili)es Act, if you need special assistance to par)cipate in this mee)ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee)ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee)ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. CLOSED SESSION PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
4. CLOSED SESSION ITEM(S)
4.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code sec. 54957(b) (1))Title: City Attorney
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. ADDITIONS/REVISIONS
The City Council may only add an item to the Agenda a2er making a finding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.
8. PRESENTATIONS/ANNOUNCEMENTS
8.1. Introduction of New City Employee - Andrea Brown, Administrative Specialist
8.2. Patriotic Employer Award
9. AGENCY PARTNER UPDATES
9.1. Eastvale Library Update
9.2. YMCA Update
9.3. Youth Council Update
9.4. Presentation by JCSD regarding Residential Water Service Line Upgrade Project
2 10.
PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
11. CONSENT CALENDAR
Consent Calendar items are normally enacted in one moon. The Mayor or City Council may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.
11.1. City Council Meeting Minutes
Submitted by: Marc A. Donohue, Government Services Director/City Clerk
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the City Council meeting minutes from the special meeting on October 14, 2024 and the regular meeting on October 23, 2024.
11.2. Public Works Department Update
Submitted by: Jimmy Chung, Public Works Director/City Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive and file the Public Works Department update.
11.3. Planning Department Update
Submitted by: David Murray, City Planner
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive and file the Planning Department Update.
11.4. City of Eastvale Crime Statistics – September 2024
Submitted by: Johnny Terfehr, Community Safety Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive and file the Eastvale Crime Statistics for September 2024.
11.5. Approval of the Cooperative Agreement with Riverside County Flood Control and Water Conservation District for Eastvale Master Drainage Line F-3, Stage 1
Submitted by: Jimmy Chung, City Engineer
3 RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the Cooperative Agreement with Riverside County Flood Control and Water Conservation District for Eastvale Master Drainage Line F-3, Stage 1.
11.6. Adoption of the City of Eastvale ADA Title II Self-Evaluation and Transition Plan
Submitted by: Jimmy Chung, Public Works Director/City Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council a
dopt a Resolution approving and adopting
the ADA Title II Self-Evaluation and Transition Plan
.
11.7. Construction Contract Award to Hardy & Harper, Inc. and Professional Services Agreement Approval with Z&K Consultants for Median Improvement Projects at Cantu Galleano Road, Archibald Avenue, and River Road
Submitted by: Jimmy Chung, Public Works Director/ City Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Award the Construction Contract to Hardy & Harper, Inc., the lowest responsive and responsible bidder, in accordance with unit bid prices in the amount of $1,650,000 plus a 25% contingency of $412,500 for a total amount of $2,062,500;
2 .
Approve the Professional Services Agreement with Z&K Consultant for the Median Improvement Projects at Cantu Galleano Road, Archibald Avenue, and River Road in the amount of $82,720 plus 10% contingency for a not-to-exceed amount of $90,992; and
3 .
Authorize the City Manager to execute all necessary documents including the Notice of Completion.
11.8. Approval of I-15 Corridor Economic Development Collaborative Letter to the 2028 Los Angeles Summer Olympics Hosting Committee
Submitted by: Alexander Fung, Economic Development Manager
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the I-15 Corridor Economic Development Collaborative’s letter to the 2028 Los Angeles Summer Olympics Hosting Committee and authorize the Mayor to execute the letter on behalf of the City.
11.9. Interim Financial Report - Fiscal Year 2023-24, Quarter 4
Submitted by: Amanda Wells, Finance Director/City Treasurer
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive and file the Interim Financial Report for Fiscal Year 2023-24, Quarter 4 ending June 30, 2024.
4 11.10.
Transient Occupancy Tax Sharing and Settlement Agreement
Submitted by: Erica L. Vega, City Attorney
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Approve the Transient Occupancy Tax Sharing and Settlement Agreement by and between the City and Eastvale Palace LLC; and
2 .
Approve and Adopt Resolution 24-XX Amending the 2024-25 Fiscal Year Operating Budget for the Transient Occupancy Tax Sharing and Settlement Agreement.
11.11. Third Contract Amendment with GeoCon West Inc. for the Eastvale Civic Center
Submitted by: Jimmy Chung, Public Works Director/City Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council authorize the City Manager to execute a contract amendment with GeoCon West Inc. to provide the Preliminary Environment Assessment for an additional amount of $24,500 for a total not-to- exceed amount of $69,825.
12. PUBLIC HEARINGS
The public is encouraged to express your views on any maer set for public hearing. It is our procedure to first receive the staff report, then to ask for public tesmony, first from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)
12.1. First Amendment to Development Agreement No. 003 between the City and The New Home Company, and a Finding of Consistency with the Eastvale General Plan 2040 and the Leal Master Plan
Submitted by: Gustavo N. Gonzalez, Community Development Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council conduct the public hearing and introduce the ordinance to approve the First Amendment to Development Agreement No. 003 entitled:
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 ADOPTED BY ORDINANCE NO. 22-05 BY AND BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY RELATED TO THE 158.6-ACRE SITE
LOCATED AT THE NORTHWEST CORNER OF HAMNER AND LIMONITE AVENUES
COMMONLY KNOWN AS THE LEAL PROPERTY
5 13.
CITY COUNCIL BUSINESS
13.1. Allocation of Funds for the 2025-2026 Community Development Block Grant (CDBG) Funding Cycle
Submitted by: Samantha Greven, Management Analyst
RECOMMENDED ACTION(S):
Staff recommends that the City Council allocate the entirety of the FY 25/26 Community Development Block Grant (CDBG) allocation to the County of Riverside Home Enhancement Program (HEP).
14. CITY MANAGER/CITY STAFF REPORT
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
16. ADJOURNMENT
The next regular mee)ng of the Eastvale City Council is scheduled for Wednesday, December 11, 2024, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.
17. AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours
prior to the meeting.
______________________________________________________
Marc A. Donohue, MMC
City Clerk
6 Eastvale City Council Meeting Minutes
October 14, 2024 Page - 1
MINUTES
CITY OF EASTVALE
CITY COUNCIL SPECIAL MEETING
Monday, October 14, 2024
Special Meeting: 5:30 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752
1. CALL TO ORDER
The special meeting of the Eastvale City Council was called to order at 5:30 p.m. by Mayor Dinco.
2. ROLL CALL
Present: Councilmembers Lorimore, Yow, Rigby, Mayor Pro Tem McMinn, and Mayor Dinco.
Absent:
City Staff
Present: City Manager Orme, City Attorney Vega, and Government Services Director/City Clerk Donohue were present at Roll Call. Other staff members were present.
3. PLEDGE OF ALLEGIANCE
Councilmember Rigby led the pledge of allegiance.
4. CLOSED SESSION PUBLIC COMMENT – None
5. CLOSED SESSION ITEM
5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Lots 14, 3, 5 and J, and a portion of Lot 2 of Tentative Tract Map 38290 approved by the City Council on May 11, 2022. Agency negotiator: Gustavo Gonzalez, Community Development Director. Negotiating parties: Arroyo Cap III-2, LLC. Under negotiation: Price and terms of payment.
5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code sec. 54957(b) (1)) Title: City Attorney
7 Eastvale City Council Meeting Minutes
October 14, 2024 Page - 2
5.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code sec. 54957(b) (1)) Title: City Manager
5.4 Conference with Legal Counsel - Anticipated Litigation (Gov't Code Sec. 54956.9(d)(2), (e)(5)) Number of cases: 1
At the end of closed session, City Attorney Vega stated that there was no reportable action.
ADJOURNMENT – Mayor Dinco adjourned the special meeting at 7:00 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, October 23, 2024, at 6:30 P.M.
Marc A. Donohue, MMC
City Clerk
8 Eastvale City Council Meeting Minutes
October 23, 2024 Page - 1
MINUTES
CITY OF EASTVALE
CITY COUNCIL REGULAR MEETING
Wednesday, October 23, 2024
Regular Meeting: 5:30 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752
1. CALL TO ORDER
The regular meeting of the Eastvale City Council was called to order at 5:30 p.m. by Mayor Dinco.
2. ROLL CALL
Present: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tem McMinn, and Mayor Dinco.
Absent:
City Staff
Present: City Manager Orme, City Attorney Vega and Government Services Director/City Clerk Donohue were present at Roll Call. Other staff members were present.
3. CLOSED SESSION PUBLIC COMMENT – None
4. CLOSED SESSION ITEM(S)
4.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code sec. 54957(b)(1)) Title: City Manager
City Attorney Vega stated that there was no reportable action.
5. INVOCATION
Councilmember Todd Rigby offered the invocation.
6. PLEDGE OF ALLEGIANCE
Councilmember Lorimore led the Pledge of Allegiance.
7. ADDITIONS/REVISIONS – None
9 Eastvale City Council Meeting Minutes
October 23, 2024 Page - 2
8. PRESENTATIONS/ANNOUNCEMENTS
8.1 Introduction of New City Employee – Troy Crook, Management Analyst Troy Cook, Management Analyst, was introduced.
8.2 Introduction of New Motor Officer Deputy Plager
Deputy Plager was introduced.
8.3 Public Safety Technology Presentations
Riverside County Sheriff's Office provided two presentations.
9. AGENCY PARTNER UPDATES
9.1 YMCA Update
Will Mobley from the Corona-Norco Family YMCA provided an update.
9.2 Youth Council Update
Rishi Vithlani from the Youth Council provided an update.
9.3 Eastvale Library Update
No update was provided.
10. PUBLIC COMMENT – None
11. CONSENT CALENDAR
On motion of Councilmember Lorimore second by Mayor Pro Tem Mc Minn, the City Council voted unanimously to approve the Consent Calendar.
11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on October 9, 2024.
11.2 Warrant Register: September 2024
The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.
11.3 Treasurer’s Report: September 2024
The City Council received and filed the City Treasurer’s Report. 10 Eastvale City Council Meeting Minutes
October 23, 2024 Page - 3
11.4 Planning Department Update
The City Council received and filed the Planning Department Update.
11.5 Public Works Department Update
The City Council received and filed the Public Works Department Update.
11.6 City of Eastvale Crime Statistics – August 2024
The City Council received and filed the Eastvale Crime Statistics for August 2024.
11.7 Approval of Task Order No. 4 with Onward Engineering for Inspection Services for Various Public Works and Land Development Projects
The City Council approved Task Order No. 4 with Onward Engineering for on-call Inspection services for various Public Works and Land Development projects.
11.8 Approval of Task Order No. 4 with Wallace & Associates for Inspection Services for Various Public Works and Land Development Projects
The City Council approved approve Task Order No. 4 with Wallace & Associates for on-call Inspection services for various Public Works and Land Development projects.
11.9 Surplus City Hall Property
The City Council declared outdated City Hall property as surplus and authorized the destruction of surplus property.
11.10 Resolution in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act
The City Council City Council adopted Resolution 24-64, supporting Proposition 36.
11.11 Professional Services Agreement with Kosmont & Associates, Inc. dba Kosmont Companies
The City Council City Council authorized the City Manager to execute a Professional Services Agreement with Kosmont Companies in an amount not-to-exceed $40,040.00 to prepare a market study for the Chandler Policy Area.
12. PUBLIC HEARINGS – None
13. CITY COUNCIL BUSINESS
11 Eastvale City Council Meeting Minutes
October 23, 2024 Page - 4
13.1 2024 Third Quarter Economic Development Updates
Economic Development Manager Fung provided a PowerPoint presentation and answered related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
The City Council received and filed the presentation.
14. CITY MANAGER/CITY STAFF REPORT
City Manager Orme provided an update on upcoming City events.
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
15.1 League of California Cities
Councilmember Lorimore and Mayor Pro Tem McMinn provided reports.
15.2 Southern California Association of Governments
No report was provided.
15.3 Western Riverside Council of Governments
No report was provided.
15.4 Riverside Transit Agency
No report was provided.
15.5 Northwest Mosquito and Vector Control District
No report was provided.
15.6 Riverside County Transportation Commission
No report was provided.
15.7 Western Riverside County Regional Conservation Authority No report was provided.
15.8 Finance Committee
No report was provided.
15.9 Eastvale Schools Committee
No report was provided.
12 Eastvale City Council Meeting Minutes
October 23, 2024 Page - 5
15.10 Business and Development Success Ad-Hoc Committee No report was provided.
15.11 Eastvale Legislative Ad-Hoc Committee
No report was provided.
15.12 Eastvale Community Services Ad-Hoc Committee
No report was provided.
15.13 City Council Communications
The City Council provided comments.
ADJOURNMENT – Mayor Dinco adjourned the regular meeting at 8:27 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, November 13 2024, at 6:30 P.M.
Marc A. Donohue, MMC
City Clerk
13 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.2
November 13, 2024
Public Works Department Update
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council receive and file the Public Works Department update.
Summary
The Public Works Department provides monthly updates on residen"al and commercial development projects, encroachment permits, capital improvements projects including a grant summary.
Background
Not Applicable
Analysis
Not Applicable
Environmental
Not Applicable
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable
Fiscal Impact 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
14 Not Applicable
Prior City Council/Commission Action
Not Applicable
Attachment(s)
Attachment 1 - PW Project Update List.pdf
Attachment 2 - Grants Summary.pdf
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
15 EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Civic Center Project (Phase 1)
PROJECT DESCRIPTION: A design build project to construct a Phase 1 of the Civic Center Project, which includes approximately 52,000 square foot City Hall, a 25,000 square foot library, a 20,000 square foot police station with a park and a civic plaza.
PROJECT STATUS: In Design – Engineering: Permit Set was delivered on September 20, 2024.
PROJECT SCHEDULE:
• Advertise Construction Bid in January 2025.
• Begin Construction in May 2025.
PROJECT RENDERING:
16 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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.
PROJECT STATUS: In Construction: Bridge was open to traffic in October. Contractor is working on the final details such streetlights, landscaping, and decorative features. Punchlist items will be created.
PROJECT SCHEDULE: Construction activities began on September 5, 2023 with a construction duration of 260 working days.
PROJECT MAP:
Proposed Limonite Ave Bridge
17 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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 northern City limit to the Santa Ana River Trail on the south.
PROJECT STATUS: In Design – Engineering: Design contract was awarded to Mark Thomas. Topographic Design Survey was completed, and non- infrastructure component of the project (phase 2) which includes public education and engagement has started.
PROJECT SCHEDULE: 75% PS&E (phase 3) will be tentatively delivered on January 1, 2025.
PROJECT MAP:
18 EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Gap Pedestrian Bridge
PROJECT DESCRIPTION: Project will design and install a prefabricated steel fabricated bridge over Cucamonga Creek Channel to close the gap of pedestrian path within the SCE easement.
PROJECT STATUS: : In Design – Engineering: Design contract was awarded to TYLin on April 10, 2024, and a notice to proceed was issued.
PROJECT SCHEDULE: 100% PS&E is anticipated to be delivered by June 2025.
PROJECT MAP:
19 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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: In Construction: the Contractor successfully installed the new video detection system at all 16 intersections. A final field walk will be conducted to ensure the performance of the new system, and a punchlist was created and issued to the contractor.
PROJECT SCHEDULE: The construction is substantially completed.
PROJECT IMAGE:
20 EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Median Improvement Projects at River Rd, Cantu Galleano Rd, and Archibald Ave
PROJECT DESCRIPTION: Project will Install landscaped raised medians at River Rd, Cantu Galleano Rd, and Archibald Ave to physically separate opposing traffic streams and help stop vehicles traveling into opposing traffic lanes.
PROJECT STATUS: In Construction: construction bid was advertised for Phase 1.
PROJECT SCHEDULE: The construction is tentatively to commence in December after the construction contract award on November 13, 2024.
PROJECT IMAGE:
21 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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 STATUS: In Progress: Draft ADA Transition Plan was published for public review on September 30th until October 28th. Final ADA Transition Plan will be recommended for adoption at November City Council meeting.
22 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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: • Installation of new transmission poles is completed. • Existing poles were removed mid -July, allowing the Developers to start coordinating their construction schedules.
• Permits have been pulled by Walmart to start the widening work on Archibald and Limonite.
PROJECT MAP:
LIMONITE AVE
ARCHIBALD AVE
23 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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 complete All off-site improvements have been accepted.
PROJECT MAP:
ARCHIBALD AVE
LIMONITE AVE
24 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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
25 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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 improvements complete
Developer is also responsible for improvements along Archibald Avenue which are currently underway and in the final stages of approval.
PROJECT MAP:
LIMONITE AVE
ARCHIBALD AVE
26 EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Commercial Development
PROJECT NAME: Vantage Pointe Church
PROJECT NUMBER: PW15-1174
PROJECT LOCATION: Northeast corner of Archibald Avenue and Prado Basin Park Road PROJECT DESCRIPTION: Improvements include development of an approximately 85,000 sq. ft. church which includes a sanctuary, classrooms, cafe, and a bookstore on 10.43 acres.
PROJECT STATUS:
Street widening is in the final stages of approval.
PROJECT MAP:
27 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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
Chipotle has applied for entitlement.
PROJECT MAP:
HAMNER AVE
28 EASTVALE PUBLIC WORKS
PROJECT UPDATES
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 include the development of 61,000 square foot industrial building.
PROJECT STATUS: Developer has received finalized the project.
PROJECT MAP:
CUCAMONGA CREEK
29 EASTVALE PUBLIC WORKS
PROJECT UPDATES
PROJECT TYPE: Residential Development
PROJECT NAME: Eastwalk/ Leal
PROJECT NUMBER: PW22-1004
PROJECT LOCATION: Northwest corner of Limonite Avenue and Hamner Avenue PROJECT DESCRIPTION: 158.6 acre development that will include approximately 2500 residential units as well as plans for future commercial development PROJECT STATUS: Developer has obtained precise grading, street, sewer and water, and building permits.
Model homes are open and public improvements are on-going.
PROJECT MAP:
HAMNER AVENUE
SCHOLAR WAY
58TH STREET
LIMONITE AVENUE
30 AGENCY GRANT NAME PROJECT NAME GRANT AWARD MATCH DUE DATE STATUS California Transportation
Commission/California
Department of Transportation
ATP: Active Transportation Project Cycle 4 Improvement of Bike Network Connectivity $ 6,471,000.00 $ 1,620,000.00 Grant request has been
approved. The project is currently
under design.
California Transportation
Commission/California
Department of Transportation
LPP: Local Partnership Program Limonite Gap Closure Project 9,475,000.00$ - $ Grant request has been
approved. Allocation for
construction funds was requested
and approved.
California Department of
Transportation
HSIP: Highway Safety Improvement Program
Cycle 10
Advanced Dilemma Zone Detection
712,800.00$ - $ CON allocation was approved.
The project is under construction.
USDOT: Department of
Transportation
Congressman Calvert: 2023 Transportation
and Infrastructure Appropriations BillLimonite Gap Pedistrian Bridge 1,600,000.00$ 400,000.00$ California Department of
Resources Recycling and
Recovery CalRecycle Rubberized Pavement (TRP)
Grant Program (TRP16-23-0047) Annual Overlay/Residential Slurry Seal Project 170,586.00$ April 1, 2026 Riverside County
Transportation Commission
2023 Western Riverside County Regional
Arterials Limonite Gap Closure 13,500,000.00$ $ 13,500,000.00
PUBLIC WORKS GRANTS SUMMARY
GRANTS AWARDED
31 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.3
November 13, 2024
Planning Department Update
Prepared By:
David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council receive and file the Planning Department Update.
Summary
Planning projects are provided in the a
ached Planning Project Status list. The list provides a brief summary and status of each project. New informa#on is highlighted in yellow. A map iden#fying the locations of each project is also included.
Background
The purpose of the Planning Department Update is to provide a list of the current status of major projects in the City of Eastvale.
Environmental
The following update requires no environmental review as it is not considered a "project" under the California Environmental Quality Act (CEQA).
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.
Fiscal Impact
The following update has no applicable fiscal impacts.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
32 Prior City Council/Commission Action
Not Applicable.
Attachment(s)
Planning Department Update 11.13.24
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
33 Planning Department Major Projects Summary
March 16, 2022
Major Projects
Summary
November 13, 2024
City of Eastvale Planning Division
34 Planning Division Major Projects Summary
November 13, 2024
Contents
IN-PROCESS/REVIEW ................................................................................................................................................................................................................. 2 0B0BSUMNER PLACE MIXED-USE DEVELOPMENT (MAP ID: SMNR) .................................................................................................................................................................... 2 LEAL RANCH RESIDENTIAL PA-4 & PA-10 QUARTERRA PHASE II ................................................................................................................................................................... 3 NEW HOME OFF-SITE ............................................................................................................................................................................................................................ 4 LEAL RANCH RESIDENTIAL PA-9 ............................................................................................................................................................................................................... 5 LEAL RANCH RESIDENTIAL PA-11A .......................................................................................................................................................................................................... 6 LEAL RANCH RESIDENTIAL PA-11B ........................................................................................................................................................................................................... 7 LEAL RANCH RESIDENTIAL PA-11C ........................................................................................................................................................................................................... 8 NEW HOME TTM 38595 PHASE B .......................................................................................................................................................................................................... 9 NEW HOME RECREATION CENTER .......................................................................................................................................................................................................... 10 WARMINGTON RESIDENTIAL.................................................................................................................................................................................................................. 11 0B0MCDONANLDS (MAP ID: WMT) .......................................................................................................................................................................................................... 12 0B0BETTER BUZZ (MAP ID: WMT) ............................................................................................................................................................................................................ 13 APPROVED/ ENTITLED ............................................................................................................................................................................................................. 14 3B1BLEAL RANCH RESIDENTIAL PHASE A TTM (MAP ID: LEAL.1) ..................................................................................................................................................................... 14 4B2BLEAL RANCH RESIDENTIAL OVERALL PHASE A DR (MAP ID: LEAL.2) ........................................................................................................................................................... 15 5B3BLEAL RANCH RESIDENTIAL PA-1 PHASE A (MAP ID: LEAL.3) ..................................................................................................................................................................... 16 6B4BLEAL RANCH RESIDENTIAL PA-6 PHASE A (MAP ID: LEAL.4) ..................................................................................................................................................................... 17 7B5BLEAL RANCH RESIDENTIAL PA-7A PHASE A (MAP ID: LEAL.5)................................................................................................................................................................... 18 8B6BLEAL RANCH RESIDENTIAL PA-8 PHASE A (MAP ID: LEAL.6) ..................................................................................................................................................................... 19 1B3BLEAL RANCH RESIDENTIAL PA-2 QUARTERRA (MAP ID: LEAL.7) ................................................................................................................................................................ 20 9B8BGOODMAN COMMERCE CENTER (MAP ID: GCC) ..................................................................................................................................................................................... 21 30B39BGCC CR-1 DR (MAP ID: GCC.10) .................................................................................................................................................................................................. 22 31B41BGCC CR-1 Chili’s Alcohol CUP and VAR (MAP ID: GCC.13) .......................................................................................................................................................... 23 32B45BGCC Planning Area 4 DR and TPM (MAP ID: GCC.15) ................................................................................................................................................................ 24 0B0HAMNER PLACE PAD-2 (MAP ID: HPLC.4) ............................................................................................................................................................................................ 25 10B10BTHE RANCH (MAP ID: RNCH) .............................................................................................................................................................................................................. 26 11B11BSUMMIT DEVELOPMENT (RNCH.4) ........................................................................................................................................................................................................ 27 12B12BBEYOND FOOD MART AT THE RANCH (MAP ID: RNCH.5) ......................................................................................................................................................................... 28 13B13BTHE RANCH TPM NO. 38114 (MAP ID: RNCH.6) ................................................................................................................................................................................. 29 35 Planning Division Major Projects Summary
November 13, 2024
34B52BHotel Suites (HPLC.1) .................................................................................................................................................................................................................. 30 35B55BHamner Place Retail Suites D.R (HPLC.3) ................................................................................................................................................................................... 31 36B57BThe Merge (MAP ID: MRG) ........................................................................................................................................................................................................ 32 SPROUTS OFF-SITE ALCOHOL CUP .......................................................................................................................................................................................................... 33 14B15BWALMART (MAP ID: WMT) ............................................................................................................................................................................................................... 34 0B0MISTER CARWASH (MAP ID: WMT) ..................................................................................................................................................................................................... 35 15B28BDUNKIN DONUTS AND CARWASH DR AND CUP (MAP ID: DUNK) .............................................................................................................................................................. 36 16B7BARCHIBALD AND CHANDLER RETAIL (MAP ID: ACR) ................................................................................................................................................................................. 37 17BMAGNOLIA RANCH .............................................................................................................................................................................................................................. 38 18BST. OSCAR ROMERO MODULAR BUILDINGS .............................................................................................................................................................................................. 39 FUTURE .................................................................................................................................................................................................................................... 40 29B29BTHE LEAL PLAN (MAP ID: LEAL) ........................................................................................................................................................................................................... 40 36 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
1 37
Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
2 In-Process/Review
0B0BSumner Place Mixed-Use Development (MAP ID: SMNR)
Project: Sumner Place Mixed-Use Development Project Map:
Current Status:
▪ On June 16, 2021, the Planning Commission PLN20-20063 continued the hearing item off calendar.
Project No. PLN20-20063_GPA001_DR002_COZ001_TPM38031_TTM38032 Project
Location:
Southeast corner of Sumner Ave. and Schleisman Rd.; (Assessor Parcel Number: 152-040-01)
Project
Description:
General Plan Amendment to change the land use designation from Commercial Retail (CR 0.20-0.35 FAR) to Highest Density Residential (HHDR 20.1-40 du/ac).
Change of Zone to change the zone from Heavy Agriculture (A-2) to General Residential (R-3).
Major Development Review for the development of 216-unit apartment project on over 9.3 acres, consisting of seven two (2) to three (3) story type “V” apartment buildings with tuck under garages and surface parking, and a 5000 s.f. commercial building (located at the corner of Sumner Ave. and Schleisman Rd.).
Tentative Parcel Map to create two (2) parcels one residential and one commercial.
Tentative Tract Map for condominium purposes.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 11.5.20
▪ SB18 and AB52 notice provided.
▪ Comments provided to applicant 12.10.20
▪ On 5.19.21 the Planning Commission continued the item to June 16, 2021.
38 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
3 Leal Ranch Residential PA-4 & PA-10 Quarterra Phase II Project: Planning Area 4 & 10 Project Map:
Current Status:
▪ A second incomplete letter has been sent to applicant on 8.12.24, awaiting resubmittal.
Project No. PLN24-20035 DR001
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Major Development Review for the development of 360 multi-family residential units on 10.6 acres within Planning Areas 4 & 10 of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 5.7.24
▪ An incomplete letter was sent out to the applicant on 6.3.24 ▪ On 7.24.24 the applicant resubmitted to the planning division for review
39 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
4 New Home Off-site
Project: Tentative Tract Map Phase B Project Map:
Current Status:
▪ On 9.16.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20069 DR004
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Major Development Review to establish the off-site streets and layout of Phase B of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
40 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
5 Leal Ranch Residential PA-9
Project: Planning Area 9 Project Map:
Current Status:
▪ On 9.16.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20070 DR005
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Major Development Review for the development of 90 residential units (triplexes) on Lots 30-36 of TTM 38595 within Planning Area 9 of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
41 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
6 Leal Ranch Residential PA-11A
Project: Planning Area 11A Project Map:
Current Status:
▪ On 9.16.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20071 DR006
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Major Development Review for the development of 91 residential units (duplexes and triplexes) on lot 1-9 of TTM 38595 within Planning Area 11A of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
42 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
7 Leal Ranch Residential PA-11B
Project: Planning Area 11B Project Map:
Current Status:
▪ On 9.16.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20072 DR007
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Major Development Review for the development of 90 residential units (6-plex and 8-plexes) on Lots 10-18 of TTM 38595 within Planning Area 11B of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
43 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
8 Leal Ranch Residential PA-11C
Project: Planning Area 11C Project Map:
Current Status:
▪ On 9.16.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20073 DR008
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Major Development Review for the development of 63 residential units (triplexes) on Lots 19-29 of TTM 38595 within Planning Area 11C of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
44 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
9 New Home TTM 38595 Phase B
Project: Tentative Tract Map Phase B Project Map:
Current Status:
▪ On 9.16.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20074 TTM #38594 PH B
Project
Location:
Southwest corner of Limonite Avenue and 58th Street.
Project
Description:
Tentative Tract Map for the development of an existing lot into 46 total lots for condominium purposes (37 residential, 1 commercial, 3 for open space and 5 for private street purposes) of TTM 38595 within Planning Area 9, 10, 11A, 11B, and 11C of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
45 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
10 New Home Recreation Center
Project: New Home Rec Center Project Map:
Current Status:
▪ On 9.18.24 an incomplete letter was sent out to the applicant, currently awaiting resubmittal
Project No. PLN24-20075 MDR014
Project
Location:
Northeast corner of Limonite Avenue and of Scholar Way. South of 58th St.
Project
Description:
Minor Development Review for the site planning and architecture of the proposed recreation center within the Leal Ranch Master plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 8.21.24
46 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
11 Warmington Residential
Project: Warmington Residential Project Map:
Current Status:
▪ On 10.17.24 an incomplete letter was sent out to the applicant, staff is currently awaiting project resubmittal
Project No. PLN24-20053 TTM001 DR003 SB330
Project
Location:
Northeast corner of Grapewin St. & Archibald Ave.
Project
Description:
Tentative Tract Map for 76 lots for a single family home community.
Major Development Review for the development of 76
single-family residential units.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 6.27.24
▪ An incomplete letter was sent to the applicant on 7.10.24 documents were resubmitted
▪ A second incomplete letter has been sent to applicant on 8.06.24
N
47 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
12 0B0McDonanlds (MAP ID: WMT)
Project: McDonalds Project Map:
Current Status:
▪ The project is currently under review.
Project No. PLN24-20089_DR009
Project
Location:
Southeast corner of Limonite Ave. and of Archibald Ave. (APN:144030039)
Project
Description:
New 4,375 sq. ft. building with drive thru lane.
Planner: Steven D. Fowler
Notes:
▪ Received application on 10.15.24
48 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
13 0B0Better Buzz (MAP ID: WMT)
Project: Better Buzz Project Map:
Current Status:
▪ The project is currently under review.
Project No. PLN24-20091_MDR015
Project
Location:
Southeast corner of Limonite Ave. and of Archibald Ave. (APN:144030039)
Project
Description:
New 1,770 sq. ft. building with patio and drive-thru
Planner: Steven D. Fowler
Notes:
▪ Received application on 10.28.24
49 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
14 Approved/ Entitled
3B1BLeal Ranch Residential Phase A TTM (MAP ID: LEAL.1) Project: Leal Ranch Residential Tentative Tract Map (Phase A) Project Map:
Current Status:
▪ Actively under construction.
Project No. PLN22-20087 TTM No. 38594
Project
Location:
Northwest corner of Hamner and Limonite Avenue, east of Scholar Way, and south of 58th Street.
Project
Description:
Tentative Tract Map to create 64 lots over 69.8 acres of land to facilitate various site improvements and initiate the residential development of PA-1, PA-6, PA-7A, and PA-8 of the Leal Ranch Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 12.21.22
▪ Application deemed incomplete by staff on January 12, 2023. ▪ The project was resubmitted on 06.05.2023 and is under review. ▪ Application was deemed incomplete on July 3, 2023
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
▪ On October 18, 2023 Planning Commission approved entitlements for PLN22- 20087 and is subject to conditions of approval.
50 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
15 4B2BLeal Ranch Residential Overall Phase A DR (MAP ID: LEAL.2) Project: Leal Ranch Residential Overall DR (Phase A) Project Map:
Current Status:
▪ Actively under construction.
Project No. PLN22-20088 DR006
Project
Location:
Northwest corner of Hamner and Limonite Avenue, east of Scholar Way, and south of 58th Street.
Project
Description:
Major Development Review for the overall Leal Phase A Residential Development and associated site improvements (PA-1, PA-6, PA-7A, and PA-8)
Planner: Jamie K. Cerda
Notes:
▪ Received application on 12.21.22
▪ Application deemed incomplete by staff on January 12, 2023. ▪ The project was resubmitted on 06.05.2023 and is under review. ▪ Application was deemed incomplete on July 3, 2023.
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
▪ On October 18, 2023, Planning Commission approved entitlements for PLN22- 20087 and is subject to conditions of approval.
51 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
16 5B3BLeal Ranch Residential PA-1 Phase A (MAP ID: LEAL.3) Project: Leal Ranch Residential PA-1 (Phase A) Project Map:
Current Status:
▪ Models are open to the public.
▪ Production units are actively under construction.
Project No. PLN22-20089 DR007
Project
Location:
Northeast corner of Limonite Avenue and Scholar Way.
Project
Description:
Major Development Review for the development of 168 new residential units within Planning Area 1 of the Leal Master Plan. Plan types will consist of townhomes (10 plex and 11 plex).
Planner: Jamie K. Cerda
Notes:
▪ Received application on 12.21.22
▪ Application deemed incomplete by staff on January 12, 2023. ▪ The project was resubmitted on 06.05.2023 and is under review. ▪ Application was deemed incomplete on July 3, 2023
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
▪ On October 18, 2023, Planning Commission approved entitlements for PLN22- 20089 and is subject to conditions of approval.
52 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
17 6B4BLeal Ranch Residential PA-6 Phase A (MAP ID: LEAL.4) Project: Leal Ranch Residential Planning Area- 6 (Phase A) Project Map:
Current Status:
▪ Models are open to the public.
▪ Production units are actively under construction.
Project No. PLN22-20090 DR008
Project
Location:
Northwest corner of Hamner and Limonite Avenue, east of Scholar Way, and south of 58th Street.
Project
Description:
Major Development Review for the development of 102 new residential units within Planning Area 6 of the Leal Master Plan. Plan types will consist of townhomes (Duplex to 6 plex).
Planner: Jamie K. Cerda
Notes:
▪ Received application on 12.21.22
▪ Application deemed incomplete by staff on January 12, 2023. ▪ The project was resubmitted on 06.05.2023 and is under review. ▪ Application was deemed incomplete on July 3, 2023
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
▪ On October 18, 2023, Planning Commission approved entitlements for PLN22- 20090 and is subject to conditions of approval.
53 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
18 7B5BLeal Ranch Residential PA-7A Phase A (MAP ID: LEAL.5) Project: Leal Ranch Residential Planning Area-7A (Phase A) Project Map:
Current Status:
▪ Models are open to the public.
▪ Production units are actively under construction.
Project No. PLN22-20091 DR009
Project
Location:
Northeast corner of Limonite Avenue and Scholar Way.
Project
Description:
Major Development Review for the development of 94 single family residential units within Planning Area-7A of the Leal Master Plan.
Planner: Jamie K Cerda
Notes:
▪ Received application on 12.21.22
▪ Application deemed incomplete by staff on January 12, 2023. ▪ The project was resubmitted on 06.05.2023 and is under review. ▪ Application was deemed incomplete on July 3, 2023.
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
▪ On October 18, 2023, Planning Commission approved entitlements for PLN22- 20091 and is subject to conditions of approval.
54 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
19 8B6BLeal Ranch Residential PA-8 Phase A (MAP ID: LEAL.6) Project: Leal Ranch Residential Planning Area 8 (Phase A) Project Map:
Current Status:
▪ Models are open to the public.
▪ Production units are actively under construction.
Project No. PLN22-20092 DR010
Project
Location:
Northwest corner of Hamner and Limonite Avenue, east of Scholar Way, and south of 58th Street.
Project
Description:
Major Development Review for the development of 74 single family residential units within Planning Area 8 of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on 12.21.22
▪ Application deemed incomplete by staff on January 12, 2023. ▪ The project was resubmitted on 06.05.2023 and is under review. ▪ Application was deemed incomplete on July 3, 2023.
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
▪ On October 18, 2023, Planning Commission approved entitlements for PLN22- 20092 and is subject to conditions of approval.
55 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
20 1B3BLeal Ranch Residential PA-2 Quarterra (MAP ID: LEAL.7) Project: Leal Ranch Residential PA-2 Quarterra Project Map:
Current Status:
▪ Construction document have been submitted with the Building Department and are currently under review.
Project No. PLN23-20036 DR006
Project
Location:
Northeast corner of Limonite Avenue and of Scholar Way. South of 58th St.
Project
Description:
Major Development Review for the development of 320 new residential units within Planning Area 2 of the Leal Master Plan.
Planner: Jamie K. Cerda
Notes:
▪ Received application on June 9, 2023.
▪ Application was deemed incomplete on July 3, 2023
▪ Application was resubmitted on August 31, 2023
▪ Application was deemed incomplete on September 27, 2023 ▪ Application was resubmitted on November 14, 2023
▪ Application was deemed incomplete on December 7, 2023 ▪ Application was resubmitted on January 18, 2024
▪ Planning Commission approval on February 21, 2024
▪ On February 21, 2024 the Planning Commission approved entitlements for PLN23-20036, with conditions of Approval.
56 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
21 9B8BGoodman Commerce Center (MAP ID: GCC)
Project: Goodman Commerce Center (formally Lewis Eastvale Commerce Center) Project Map:
Current Status:
▪ Various buildings complete, operating and under
construction.
Project No. 11-0271 **see related projects below
Project
Location:
190 acres +/- fronting on Hamner Ave. north of Bellegrave Ave. and south of Cantu-Galleano Ranch Road
Project
Description:
General Plan Amendment, Change of Zone, and Specific Plan to provide a mix of warehousing, light industrial, office, and retail uses. Major Development Review for the development of two industrial buildings of approximately 1,007,705 square feet and 1,033,192 square feet.
CEQA: Environmental Impact Report (certified)
Planner: Allen Lim
Notes:
▪ Approved by City Council on November 12, 2014
See the following projects for more recent activity at the Goodman Commerce Center Development:
▪ Project No. PLN17-20033 Retail Building CR-3 – Starbucks & other tenants (GCC.1) ▪ Project No. PLN18-20014 Retail Building CR-12 – Quick Quack Carwash (GCC.2) ▪ Project No. PLN18-20042 Retail Building CR-11 – Multi-Tenant (GCC.3) ▪ Project No. PLN19-20006 Retail Building CR-10- Chick-fil-A (GCC.4) ▪ Project No. PLN19-20063 Retail Building CR-8 – Altura Credit Union (GCC.5) ▪ Project No. PLN19-20064 Retail Building CR-6 (GCC.6)
▪ Project No. PLN20-20018 Retail Building CR-6A, CRA, CR-B, CR-C ▪ Project No. PLN21-20063 Retail Building CR-1 – Chili’s ▪ Project No. PLN21-20068 Retail Building CR-2 – Olive Garden ▪ Project No. PLN22-20025 Planning Area-4 Development
57 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
22 30B39BGCC CR-1 DR (MAP ID: GCC.10)
Project: GCC CR-1 DR Project Map:
Current Status:
▪ Project on hold per developer.
Project No.: PLN21-20063_DR012
Project
Location:
Southwest corner of Goodman Way and Cantu-Galleano Ranch Rd. ; Assessor Parcel Number (APN) 160-510-023
Project
Description:
Major Development Review for the development of a 5,213 square foot PAD building (CR-1) and 575 square foot outdoor patio for a total of 5,788 square feet for a proposed restaurant building dba Chili’s.
Planner: Jamie K. Cerda
Notes:
▪ Received application on November 17, 2021.
▪ On January 19, 2022, PLN21-20063 was approved by the Planning Commission subject to conditions of approval.
58 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
23 31B41BGCC CR-1 Chili’s Alcohol CUP and VAR (MAP ID: GCC.13) Project: GCC CR-1 Alcohol CUP and VAR Project Map:
Current Status:
▪ Project is currently on hold per developer.
Project No.: PLN22-20010_CUP002_VAR001
Project
Location:
Southeast corner of Hamner Avenue and Cantu-Galleano Ranch Rd.; Assessor Parcel Number (APN) 160-510-023
Project
Description:
Conditional Use Permit for the on-sale and consumption of beer, wine, and distilled spirits at a 7,757 square foot PAD building (CR-1) restaurant (dba Chili’s).
Variance to request modification to the sign standards to allow four (4) tenant wall signs.
Planner: Jamie K. Cerda
Notes:
▪ Received application on March 7, 2022
▪ On April 20, 2022, PLN22-20012 was approved by the Planning Commission subject to conditions of approval.
59 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
24 32B45BGCC Planning Area 4 DR and TPM (MAP ID: GCC.15) Project: GCC Planning Area 4 DR and TPM Project Map:
Current Status:
▪ Building Permits issued on November 28,2023 and are currently under construction.
Project No.: PLN22-20025 CR -13 and TPM No. 38438, PLN22 -20056 DR CR -14, PLN22 - 20057 DR CR-15, PLN22-20058 DR CR-16, PLN22-20059 DR CR-17 Project
Location:
Northeast corner of Hamner Avenue and Goodman Way (Assessor Parcel Number: 160-510-010, -011, -012, -013, -015, -016, and -033) Project
Description:
Major Development Review (DR) for development of five (5) business park buildings ranging in size from 40,000 sf to 59,987 sf in Planning Area 4 of the Goodman Commerce Center in Eastvale Specific Plan.
TPM No. 38438: For the reconfiguration of a 14.4-acre site into five (5) individual parcels.
Planner: Allen Lim
Notes:
▪ Received application on April 20, 2022.
▪ Project was deemed incomplete by Staff on May 19, 2022. ▪ Received resubmittal on August 8, 2022.
▪ Project was deemed incomplete by Staff on August 24, 2022. ▪ Project was deemed complete by Staff on September 28, 2022. ▪ On October 19,2022, the Planning Commission approved PLN22-20025, -56 through -59 subject to conditions of approval.
60 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
25 0B0Hamner Place Pad-2 (MAP ID: HPLC.4)
Project: PAD-2 at Hamner Place Project Map:
Current Status:
▪ The Shell for pad 2 and site improvements are currently under review with Building and Public Works Division.
Project No. PLN24-20019_MDR008_CUP001
Project
Location:
Northeast corner of Schleisman Rd. and of Hamner Ave.
Project
Description:
New 4,250 sq. ft. multi-tenant shops with pick-up drive-up lane.
Planner: Allen Lim
Notes:
▪ Received application on 2.26.24
▪ On March 21, 2024 an incomplete letter was sent out to the applicant, awaiting resubmittal.
▪ May 1, 2024 applicant resubmitted.
▪ June 3, 2024 the application was deemed complete and tentatively scheduled for July planning commission.
▪ On July 17, 2024 The Planning Commission approved the entitlements for PLN24-20019 and is subject to conditions of approval.
61 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
26 10B10BThe Ranch (MAP ID: RNCH)
Project: The Ranch Project Map
Current Status:
▪ Approved.
▪ Continue discussing potential development for commercial portion. ▪ Construction of six industrial/warehouse buildings are completed. ▪ A resolution for the Final Cancellation of the Williamson Act Contract for the Rodriguez Site was adopted by City Council meeting on July 24, 2019.
Project No. 15-0783
Project
Location:
Northeast and southeast corners of Hellman and future Limonite (Kimball) Avenues, west of Cucamonga Creek Channel.
Moons Site (APNs: 144-010-008-0, 144-101-013-4) and Rodriguez Site (APN:
144-010-009-1)
Project
Description:
• Specific Plan Amendment to modify boundaries for Planning Areas 1 through 6, land use designation for Planning Area 5, and revisions to allowable uses. No revisions to Planning Areas 7 through 9. • Major Development Review for six (6) industrial buildings totaling 985,000 square feet on six (6) parcels.
• Tentative Parcel Map No. 36787 to subdivide approximately 97 gross acres into 14 legal parcels.
CEQA: EIR Addendum
Planner: Allen Lim
Notes:
▪ Approved by City Council on December 9, 2015.
▪ February 19, 2016, a new owner purchased the six (6) industrial lots. ▪ Monument Sign approved on February 1, 2018.
▪ See the following projects for more recent activity at The Ranch:
▪ Project No. PLN18-20007: Eastvale 88,000 square-foot Warehouse building in Planning Area 3. (RNCH.1)
▪ Project No. PLN18-20050: Howard Industrial -Major Development Review, Tentative Map for Planning Areas 7, 8 and 9 (RNCH.2)
▪ Project No. PLN19-20034: Transwestern – Major Development Review, Amendment to Tentative Parcel Map for Planning Areas 7, 8, and 9 (RNCH.3) ▪ Project No. PLN19-20035: Summit Development – Major Development Review for Planning Area 6 (RNCH.4)
62 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
27 11B11BSummit Development (RNCH.4)
Project: The Ranch by Summit Development (Parcel 14) Project Map:
Current Status:
▪ The building is complete and operational.
Project No. PLN21-20014_DR002_CUP003
Project
Location:
East end of Limonite Avenue (The Ranch Planning Area 6); (Assessor’s Parcel Number: 144-010-058)
Project
Description:
Major Development Review for a 61,000 square foot light industrial building on 4.36 acres of Parcel 14 on The Ranch. The building will be located in Planning Area 6 of The Ranch Specific Plan.
Planner: Allen Lim
Notes:
▪ Received pre-application on September 12, 2019.
▪ Routed to other departments for review.
▪ Comments provided to applicant 10/17/19.
▪ Formal submittal received January 15, 2020 – Routed for department review.
▪ On 2.19.20 the Planning Commission approved the project subject to conditions of approval.
63 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
28 12B12BBeyond Food Mart at The Ranch (MAP ID: RNCH.5) Project: Beyond Food Mart Major Development Review and Conditional Use Permit(s) Project Map:
Current Status:
▪ The Building Permits have been issued permits and is
currently under construction.
Project No. PLN21-20014_DR002_CUP003
Project
Location:
Northeast corner of Hellman Ave. and Limonite Ave. at The Ranch Specific Plan (Assessor Parcel Number: 144-010-077)
Project
Description:
Major Development Review, for the construction of a new 7,150 square-foot Beyond Food Mart with a single lane drive-through operation, a 5,177 square-foot canopy, and a 2,312 square-foot drive-through carwash
Conditional Use Permit, for the operation of automobile service station with concurrent off sale of beer and wine (Type 20)
Conditional Use Permit, for the operation of a C-Store with a drive-through Conditional Use Permit, for the operation of a drive-through carwash
Planner: Allen Lim
Notes:
▪ Received application on 3.17.21
▪ On November 17, 2021, the Planning Commission approved project PLN21-20014, subject to conditions of approval.
64 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
29 13B13BThe Ranch TPM No. 38114 (MAP ID: RNCH.6)
Project: The Ranch TPM No. 38114 Project Map:
Current Status:
▪ The project is currently under review for building plan permits.
Project No. PLN22-20009_TPM38114
Project
Location:
Northeast corner of Limonite Avenue and Hellman Avenue; Assessor Parcel Number (APN) 144- 010-077
Project
Description:
Tentative Parcel Map to subdivide one (1) 10.68 acres into two (2) individual parcels.
Planner: Allen Lim
Notes:
▪ Received application on March 2, 2022
▪ On May 18th, 2022, the Planning Commission approved project PLN22-20009, subject to conditions of approval.
65 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
30 34B52BHotel Suites (HPLC.1)
Project: Hotel - Staybridge Suites at Hamner Place Project Map:
Current Status:
▪ The Staybridge Suites is partially operational. The rooftop restaurant and conference space remain under construction.
Project No. PLN19-20023
Project
Location:
Southeast corner of Hamner Avenue and Schleisman Road; ( Assessor Parcel Number: 152-050-050)
Project
Description:
Major Development Review for a hotel and a banquet facility and a Conditional Use Permit for the sale of alcohol for on-site consumption.
Planner: Allen Lim
Notes:
▪ Received application on June 6, 2019.
See the following project for more information:
▪ PLN17-20015: Hamner Place (former Polopolus Property) ▪ Approved by Planning Commission on June 19, 2019.
▪ Building plans received for review on January 30, 2020.
66 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
31 35B55BHamner Place Retail Suites D.R (HPLC.3)
Project: Hamner Place Retail Suites – Major Development Review (DR) Project Map:
Current Status:
▪ The Building is currently operational.
Project No. PLN19-20053
Project
Location:
Southeast corner of Hamner Avenue and Schleisman Road;
(Assessor’s Parcel Number: 152-060-003)
Project
Description:
Major Development Review for a multi-tenant building to include retail suites and a potential restaurant. The restaurant is proposed to be 5,910 square feet and the shops portion of the building is 2,270 square feet for a total building floor area of 9,190 square feet.
Planner: Allen Lim
Notes:
▪ Received application on November 21, 2019.
▪ On December 18, 2019, the Planning Commission approved project PLN19-20053 subject to conditions of approval.
67 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
32 36B57BThe Merge (MAP ID: MRG)
Project: The Merge Retail and Industrial Center Project Map:
Current Status:
• The Merge Industrial and Retail have completed construction. • Pad 2 is still awaiting tenants to occupy new building.
Project No. PLN18-20026
Project
Location:
Northeast corner of Limonite Avenue and Archibald Avenue; APN: 164-010- 019-6
Project
Description:
Major Development Review, Tentative Parcel Map, and Variance for the development of a retail and light industrial center on an approximately 26-acre site, and various Conditional Use Permits for certain uses.
Planner: Allen Lim
Notes:
▪ Received application on May 24, 2018; Development plans received on June 26, 2018.
▪ Draft Environmental Impact Report (EIR) available for a 45-day public review period from September 18, 2018, to November 2, 2018.
▪ Condition Use Permits application submitted on October 1, 2018. ▪ November 21, 2018, Planning Commission recommended approval of all applications, plus added new conditions for the Major Development Review application.
▪ December 12, 2018, City Council certified the EIR and approved all applications as recommended by the Planning Commission including the new conditions recommended by the Planning Commission, plus the Council added one new condition for the Major Development Review. January 9, 2019, City Council conducted second reading of ordinance for Change of Zone. ▪ Construction building plans for industrial buildings 1-6 approved by Planning
11.25.19 ▪ Sprouts (Major 1) is completed and in operation 10.28.20 ▪
68 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
33 Sprouts Off-site Alcohol CUP
Project: Sprouts Off-site Alcohol CUP Project Map:
Current Status:
▪ On October 16, 2024 the Planning Commission approved entitlements for PLN24-20076 and is subject to conditions of approval.
Project No. PLN24-20076 MDR014
Project
Location:
Northeast corner of Limonite Avenue and of Archibald Avenue Project
Description:
Conditional Use Permit to allow a type 21 full off-sale of beer wine and distilled spirits
Planner: Steven D. Fowler
Notes:
▪ Received application on 8.20.24
▪ The application was deemed complete
69 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
34 14B15BWalmart (MAP ID: WMT)
Project: Walmart – Eastvale Crossings Project Map:
Current Status:
▪ The site is actively under construction.
Project No. PLN12-0051, PLN21-20021_DR002 (Ref. PLN12-0051) Project
Location:
Southeast corner of Limonite and Archibald Avenues (APN 144-030-039) Project
Description:
General Plan Amendment, Change of Zone, Major Development Review, five Conditional Use Permits, Tentative Tract Map No. 35061, and Variance for the development of a 177,000 +/- sq. ft. retail store and several outparcels on 24.78 acres.
CEQA: Environmental Impact Report (certified)
Major Development Review for the construction of a Walmart gasoline service station with an ancillary 1,620 square foot convenience store located on Parcel 2 of Tentative Tract Map No. 35061
Planner: Jamie K. Cerda
Notes:
▪ City Council approval on April 26, 2017.
▪ Project was reviewed by the Riverside County Airport Land Use Commission and received a conditional finding of conformance with the Chino Airport Land Use Compatibility Plan. ▪ Public review of DEIR available from September 27 to November 17, 2016. ▪ On March 15, 2017, the Planning Commission reviewed and recommended approval of the project to City Council. ▪ City Council public hearing on April 12, 2017, with a staff recommendation to continue the hearing to April 26, 2017. ▪ City Council approval on April 26, 2017. Notice of Determination recorded on April 27, 2017. ▪ Waiting for applicant to submit construction plans.
▪ Extension of Time (PLN19-20052) has been approved by the Planning Commission on 1.15.2020 ▪ Extension of Time (PLN19-20052) has been approved by the Planning Commission on 1.15.2020 ▪ Extension of Time (PLN21-20021 MDR002) has been approved by the planning department on 11.02.2021. ▪ Minor Development Review (PLN22-20012 MDR002) has been approved by the planning department on 1.24.2023 ▪ Extension of Time (PLN22-20017 EOT 001) has been approved by the planning department on 10.20.2021 ▪ On April 26, 2023, the City Council approved Final Map TR35061.
70 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
35 0B0Mister Carwash (MAP ID: WMT)
Project: Mister Car Wash Project Map:
Current Status:
▪ On September 18, 2024 the Planning Commission approved project PLN24-20024, subject to conditions of approval.
Project No. PLN24-20024_DR001_CUP002
Project
Location:
Southeast corner of Limonite Ave. and of Archibald Ave. (APN:144030039)
Project
Description:
New 5,435 sq. ft. building with 3 queuing lanes funneling into a 130’ tunnel which leads out to 26 vacuum stalls.
Planner: Steven D. Fowler
Notes:
▪ Received application on 3.25.24
▪ On April 23, 2024 an incomplete letter was sent to the applicant ▪ On June 11, 2024 resubmittal was received.
▪ On July 10, 2024 an incomplete letter was sent to the applicant ▪ On August 20, 2024, the Planning Division deemed the project complete
71 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
36 15B28BDunkin Donuts and Carwash DR and CUP (MAP ID: DUNK) Project: Dunkin Donuts and Carwash DR and CUP Project Map:
Current Status:
▪ Projects are currently under review building permits. ▪ Construction documents are under review with building division.
Project No. PLN21-20030_DR_003_CUP_007 Dunkin Donuts and PLN21- 20060_DR006_CUP011 American Express Carwash
Project
Location:
Northwest corner of Schleisman and Hamner Ave.; Assessor Parcel Number (APN) 152-341-017
Project
Description:
Major Development Review (DR): For the development of a 3,400 square foot multi-tenant building where 1,600 square feet will be for a Dunkin Donuts with a drive-through and outdoor patio and where 1,800 square feet will be for a bistro with an outdoor patio. (PLN21- 20030)
Major Development Review (DR): for the development of a 5,113 square foot car/truck wash with 18 vacuum stalls. (PLN21-20060)
Conditional Use Permit (CUP): To allow the operation of a drive- through for the proposed coffee shop. (PLN21-20030)
Conditional Use Permit (CUP): To allow the operation of a drive- through for the proposed car/truck wash use. (PLN21-20060) Planner: Jamie K. Cerda
Notes:
▪ Received application on 5.26.21
▪ Applicant has provided updated submittal package 5.9.22 ▪ On July 20, 2022 the Planning Commission approved project PLN21-20030 and PLN21-20060, subject to conditions of approval.
72 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
37 16B7BArchibald and Chandler Retail (MAP ID: ACR)
Project: Archibald and Chandler Retail Center Project Map:
Current Status:
▪ Awaiting submittal of Final parcel map to Public Works Department.
▪ Quick Quack has submitted for grading to public works and construction documents to building division.
▪ Dutch Bros has submitted for grading to public works and construction documents to building division.
▪ Overall site grading has been submitted to public works. ▪ Zendejas has submitted construction documents for plan check with the building division.
Project No. PLN23-20018 TPM #37653, PLN23-20019 MDR004 CUP002, PLN23-20020 MDR005 CUP003, PLN23-20020 MDR006
Project
Location:
Northwest corner of Archibald and Chandler; ( Assessor Parcel Numbers: 144- 130-004, 144-130-011, 144-130-012, 144-130-013)
Project
Description:
Tentative Parcel Map (37653) to parcelize a 2.71-acre site into three (3) parcels.
Minor Development Review for a commercial development on a 0.81-acre parcel comprised of a 3,500 square feet sit-down restaurant (Zendejas) Minor Development Review for a commercial development on a 1.18-acre parcel a 3,598 square feet drive-through carwash (Quick Quack Express Carwash)
Minor Development Review for a commercial development on a 0.75-acre parcel with a 950 square feet drive-through coffee shop (Dutch Bros).
Conditional Use Permit for the operation of a drive-through coffee shop.
Conditional Use Permit for the operation of a drive-through carwash.
Planner: Allen Lim
Notes:
▪ Received application on 04.11.23
▪ On 5/9/2023 comments were returned to the applicant.
▪ On July 27, 2023 the project was resubmitted.
▪ On August 24, 2023 a correction letter was sent out to the applicant. ▪ Application deemed complete scheduled Planning Commission date of October 18, 2023.
▪ The item was continued to the November 15, 2023 Planning Commission. ▪ The Item was continued to the December 20,2023 Planning Commission. ▪ On December 20, 2023, the Planning Commission approved entitlements for PLN23- 20018 TPM #37653, PLN23-20019 MDR004 CUP002, PLN23-20020 MDR005 CUP003, PLN23-20020 MDR006
73 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
38 17BMagnolia Ranch
Project: Magnolia Ranch (Woodside) Project Map:
Current Status:
▪ On October 18, 2023 Planning Commission approved entitlements for PLN23-20043 and is subject to conditions of approval.
▪ Building plans are currently under review with the Building Division.
Project No. PLN23-20043 DR005
Project
Location:
Southwest of Schleisman Rd. and Scholar Way. North of Orange St.
Project
Description:
Development Review for the development of 41 traditional single- family homes on lots of a minimum 55’ x 90 (4950 SF)
Planner: Jamie K. Cerda
Notes:
▪ Application submitted on July 6, 2023.
▪ Application was deemed incomplete on July 6, 2023
▪ Application deemed complete scheduled Planning Commission date of October 18, 2023
▪ Planning Commission approval on October 18, 2023
74 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
39 18BSt. Oscar Romero Modular Buildings
Project: St. Oscar Romero’s Modular Buildings Project Map:
Current Status:
▪ Awaiting the submittal of construction drawings for Building Division Review
▪ Grading plans have been submitted to Public Works Department for review.
Project No. PLN23-20038 MDR008
Project
Location:
Northwest corner of Chandler St. and of Selby Ave. North of Retriever St.
Project
Description:
Minor Development Review for the development of 2 temporary 1,059 square feet (total of 2,118 square feet) Modular Office Building with accessible stairs, ramps, restrooms, parking and connected walkway.
Planner: Steven D. Fowler
Notes:
▪ Application submitted on July 6, 2023.
▪ Application was deemed incomplete on July 6, 2023
▪ Application was deemed incomplete on July 24, 2023
▪ Application was resubmitted on August 21, 2023
▪ Application was deemed complete on September 7, 2023.
75 Planning Department Major Projects Summary
November 13, 2024
1. New projects are added to the bottom of the list as they are submitted.
2. Projects that have been completed for more than one year are removed from this list.
3. Highlighted Text =Updated Information
40 Future
29B29BThe Leal Plan (MAP ID: LEAL)
Project: Leal Master Plan Project Map:
Current Status:
▪ Construction documents are currently under review
for phase A of Leal Master Plan. Awaiting submission
of entitlements application for phase B.
Project No. Special Project
Project
Location:
160 acres + at the northwest corner of Hamner and Limonite Avenue, east of Scholar Way, and south of 58th Street.
Project
Description:
This Master Plan describes the community’s vision for the project area, identifies appropriate land uses, and includes the development standards that are necessary to achieve the vision, defines the character of the project’s development, lists the steps involved with the development process, and provides the project’s implementation plan.
CEQA: EIR
Planner: Jamie K. Cerda
Notes:
▪ In September 16, 2016, the Planning Commission reviewed and recommended approval to City Council.
May 2017 – City has been asked by property owner’s representative to postpone action on the project while issues related to the estate of Brad Leal are resolved August 30, 2017 – City met with Leal family and prospective developer to discuss processing and timing. ▪ City Council Approved Master Plan and Final Environmental Impact Report on December 13, 2017. ▪ Adopted by City Council on December 13, 2017.
▪ Staff continues to coordinate with the property owners as they seek a developer(s) for the site. ▪ Planning Commission recommend approval to City Council on April 26, 2022 ▪ On May 11, 2022, the City Council approved the Leal Masterplan Amendment (PLN21-20039) and related entitlements (DA, TTM 382290, DR PLN22-20020)
▪ On May 25, 2022, the City Council approved the second reading of the ordinances for the Leal Master Plan Amendment (PLN21-20039) and Development Agreement (PLN22-20039). ▪ On August 24, 2022, Lot Line Adjustment (2022-001) was recorded with the Assessor-County Clerk Recorder.
76 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.4
November 13, 2024
City of Eastvale Crime Statistics – September 2024
Prepared By:
Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council receive and file the Eastvale Crime Sta s
cs for September
2024.
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 iden fying 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 add 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
77 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
Not applicable.
Prior City Council/Commission Action
On July 25, 2017, the Public Safety Commission approved the receival of a monthly crime sta s
cs
report.
On July 26, 2017, the City Council approved the receival of a monthly crime sta s
cs report and
requested columns reflective of felony and misdemeanor arrests.
On September 26, 2017, the City Council recommended that the report include traffic viola ons and
citations data.
Attachment(s)
Attachment - Eastvale Crime Statistics Report September 2024
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
78 PART I CRIMES JUL 2023 JUL 2024 AUG 2023 AUG 2024 SEP 2023 SEP 2024 YTD-2023 YTD-2024 Homicide 0 0 0 0 0 0 0 0
Arson 0 0 1 0 0 0 3 1
Aggravated Assault 14 14 10 8 10 23 150 133
Burglary 19 14 11 10 18 9 141 90
Larceny Theft 81 79 89 83 88 85 933 748
Rape 0 1 1 1 1 0 11 12
Robbery 2 3 1 4 3 1 30 22
Vehicle Theft 14 7 12 10 24 9 197 91
Total Part I Crimes 130 118 125 116 144 127 1465 1,097
PART I CRIME JUL 2023 JUL 2024 AUG 2023 AUG 2024 SEP 2023 SEP 2024 YTD-2023 YTD-2024 Homicide 0 0 0 0 0 0 0 0
Rape 0 1 1 1 1 0 11 12
Robbery 2 3 1 4 3 1 30 22
Aggravated Assault 14 14 10 8 10 23 150 133
Arson 0 0 1 0 0 0 3 1
Total Violent Crimes 16 18 13 13 14 24 194 168
PROPERTY CRIMES JUL 2023 JUL 2024 AUG 2023 AUG 2024 SEP 2023 SEP 2024 YTD-2023 YTD-2024 Burglary 19 14 11 10 18 9 141 90
Vehicle Theft 14 7 12 10 24 9 197 91
Larceny Theft 81 79 89 83 88 85 933 748
Mail Theft 4 0 0 7 2 4 59 68
Total Property Crimes 118 100 112 110 132 107 1,330 997 JUL 2023 JUL 2024 AUG 2023 AUG 2024 SEP 2023 SEP 2024 YTD-2023 YTD-2024 2,328 2,180 2,146 2,420 2,247 2,147 25,867 20,743
CHARGE LEVEL JUL 2023 JUL 2024 AUG 2023 AUG 2024 SEP 2023 SEP 2024 YTD-2023 YTD-2024 Felony Arrests 13 21 12 12 16 12 206 113
Misdemeanor Arrests 22 27 30 30 17 30 352 272
Total Arrests 35 48 42 42 33 42 558 385
TOTAL ARRESTS
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.
CITY OF EASTVALE
Crime Data & Statistics
90-Day / Year-Over-Year
TOTAL PART I CRIMES | 90-Day / Year-Over-Year
TOTAL VIOLENT CRIMES | 90-Day / Year-Over-Year
TOTAL PROPERTY CRIMES | 90-Day / Year-Over-Year
CALLS FOR SERVICE 90-Day / Year-Over-Year
79 PART I CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Homicide 0 0 0 0 0 0 0 0 0 0
Arson 1 0 0 0 0 0 0 0 0 1
Aggravated Assault 17 21 20 18 5 7 14 8 23 133
Burglary 9 11 13 7 6 11 14 10 9 90
Larceny Theft 67 105 92 80 56 101 79 83 85 748
Rape 3 0 2 0 1 4 1 1 0 12
Robbery 0 5 3 3 2 1 3 4 1 22
Vehicle Theft 10 9 12 12 11 11 7 10 9 91
Total Crime 107 151 142 120 81 135 118 116 127 1,097
PART I CRIME JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Homicide 0 0 0 0 0 0 0 0 0 0
Rape 3 0 2 0 1 4 1 1 0 12
Robbery 0 5 3 3 2 1 3 4 1 22
Aggravated Assault 17 21 20 18 5 7 14 8 23 133
Arson 1 0 0 0 0 0 0 0 0 1
Total Crime 21 26 25 21 8 12 18 13 24 168
PROPERTY CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Burglary 9 11 13 7 6 11 14 10 9 90
Vehicle Theft 10 9 12 12 11 11 7 10 9 91
Larceny Theft 67 105 92 80 56 101 79 83 85 748
Mail Theft 7 11 14 15 8 6 0 7 4 72
Total Crime 93 136 131 114 81 129 100 110 107 1,001
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD
2,231 2,041 2,384 2,401 2,564 2,375 2,180 2,420 2,147 20,743
CHARGE LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Felony Arrests 15 11 12 10 16 4 21 12 12 113
Misdemeanor 38 22 29 22 45 29 27 30 30 272
Total Arrests 53 33 41 32 61 33 48 42 42 385
CITY OF EASTVALE
Crime Data & Statistics
CY-2024
TOTAL ARRESTS
TOTAL VIOLENT CRIMES
TOTAL PART I CRIMES
TOTAL PROPERTY CRIMES
CALLS FOR SERVICE
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.
80 TRAFFIC COLLISIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD T/C – No Injury 34 35 48 47 29 23 30 52 50 348
T/C – w/ Injury 8 5 6 8 14 10 7 3 5 66
T/C – Fatality 0 0 0 0 0 0 1 0 0 1 Hit & Run – No Injury 5 6 7 5 6 8 7 8 9 61
Hit & Run – w/ Injury 0 0 1 0 1 2 1 2 1 8
Total Collisions 47 46 62 60 50 43 46 65 65 484
TRAFFIC CITATIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Parking 144 154 232 151 118 201 138 166 108 1,412 Traffic / Moving 417 279 299 305 502 302 189 187 313 2,793 Commercial 101 159 215 276 143 204 179 284 193 1,754
Total Citations 662 592 746 732 763 707 506 637 614 5,959
TRAFFIC INCIDENTS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD DUI (Arrests/Cites) 3 5 4 7 9 5 4 10 6 53
Street Racing (VC 23103) 10 12 16 20 17 13 14 23 23 148
CITY OF EASTVALE
Traffic Enforcement Statistics
CY-2024
TOTAL TRAFFIC COLLISIONS
TOTAL TRAFFIC CITATIONS
TRAFFIC ENFORCEMENT ACTIVITY
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.
81 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.5
November 13, 2024
Approval of the Coopera,ve Agreement with Riverside County Flood Control and Water Conserva,on District for Eastvale Master Drainage Line F-3, Stage 1
Prepared By:
Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council approve the Cooperave Agreement with Riverside County Flood Control and Water Conservation District for Eastvale Master Drainage Line F-3, Stage 1.
Summary
This Cooperave Maintenance Agreement is entered into by and between Riverside County Flood Control and Water Conservation District (District) and the City of Eastvale (City).
The purpose of this Agreement is to memorialize the mutual understanding by and between District and City with respect to design, construcon, inspecon, ownership, operaon and maintenance of Project.
Background
The Eastvale Master Drainage Plan Line F-3, Stages 1 ("Storm Drain") was originally constructed by the developer - Campus Eastvale Property Owner, LLC ("Campus") as a condion of approval for Parcel Map No. 35865 in order to provide flood and drainage protection.
To carry out the Limonite Gap Closure Project, it was necessary to use easements owned by the District within City of Eastvale. The project includes reconstrucng a poron of the Storm Drain to handle heavier loads from addional fill and surface improvements. It also involves construcng a 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
82 precast concrete girder bridge over the Cucamonga Creek Channel, along with necessary features like abutments, access ramps, guardrails, fencing, retaining walls, paving, street inlets, catch basins, and connector pipes.
In order for the District to accept Line F-3, Stages 1 ("Storm Drain") for maintenance, the District needs to review and approve the engineering plans and specificaons, and inspect the construcon of these improvements. The plans and specificaons have been submi>ed and reviewed by the District. All other storm drain improvements, such as storm drains that are 36" or smaller, inlets and catch basins, within the public rights of way will be owned and maintained by City of Eastvale.
The Cooperave Agreement specifies the responsibilies of the District and the City. By execung this agreement, the city agrees to construct storm drain improvements in accordance with District requirements and provide a roune maintenance of the surface improvements and general beauficaon maintenance including abatement, trash removal, and graffi removal. In addion, the City is responsible for the operaon and maintenance of the retaining wall for the maintenance access ramp, and 100% of the costs associated with the demolion and restoraon of the retaining wall and its footing in the event Storm Drain ever needs to be replaced.
The District will be responsible for operaon and maintenance of the Storm Drain, and 100% of the costs associated with excavaon, shoring, pipe and, installaon in the event Storm Drain ever needs to be replaced.
Environmental
A Migated Negave Declaraon for the Limonite Avenue Gap Closure Project was prepared and was adopted by the City Council at the September 9, 2020 City Council Meeting.
Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance.
Fiscal Impact
There is no fiscal impact to the City at this me. Long term maintenance of the storm drain facilies that City is obligated to maintain will be funded from Special Revenue Funds, such as Measure A or Gas Tax.
Prior City Council/Commission Action
On April 26, 2017, the City Council approved Cooperave Agreement with Riverside County Flood Control District and Campus Eastvale Property Owners LLC - Parcel Map 35865, Archibald Avenue.
Attachment(s)
Attachment 1 - Maintenance Agreement
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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COOPERATIVE MAINTENANCE AGREEMENT
Eastvale MDP Line F-3, Stage 1
Project No. 2-0-00356
Parcel Map No. 35865
Encroachment Permit No. 4015
City File No. 93026
This Cooperative Maintenance Agreement ( "Agreement"), dated as of ________________, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body corporate and politic ( "DISTRICT"), and the City of Eastvale, a California municipal corporation ("CITY"). DISTRICT and CITY may be referred to collectively as the "Parties" and individually as a "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT owns, operates and maintains the Eastvale MDP Line F -3, Stage 1 facility ( "LINE F-3 STAGE 1") principally located in the CITY. LINE F -3 STAGE 1 was constructed for the purpose of providing flood protection and drainage improvements to the area; and
B. A portion of LINE F-3 STAGE 1 outlets to the Cucamonga Creek Channel, which is operated and maintained by the San Bernardino County Flood Control District as part of a levee system administered by the Army Corps of Engineers . DISTRICT will continue to operate and maintain LINE F-3 STAGE 1 within San Bernardino County held rights of way or easements; and
C. LINE F-3 STAGE 1, identified as DISTRICT's Drawing No. 2-0475 and within DISTRICT's Parcel Nos. 2356 -500 and 2356 -501 (Riverside County Assessor 's Parcel Nos. 144-010-075 and 144-010-074), hereinafter called "DISTRICT EASEMENTS", is shown in concept in green on Exhibit "A", attached hereto and made part hereof; and 84 259373
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D. CITY desires to (i) reconstruct approximately 552 linear feet of LINE F -3 STAGE 1 with a higher D -load storm drain system to accommodate increased loads and fill ("STORM DRAIN"), (ii) construct a pre-cast concrete girder bridge to connect Limonite Avenue across Cucamonga Creek Channel ("LIMONITE BRIDGE") and (iii) associated appurtenances, including, but not limited to, piers, abutments, access ramps, scour and slope protection, guardrails, fencing, retaining walls, decorative PCC concrete, asphalt concrete base, asphalt rubberized hot mix, AC paving, street surfacing, street inlets, cat ch basins and connector pipes ("BRIDGE IMPROVEMENTS "). Together, STORM DRAIN , LIMONITE BRIDGE and BRIDGE IMPROVEMENTS are hereinafter called "PROJECT", as shown in concept on Exhibit "B", attached hereto and made a part hereof; and
E. CITY desires to utilize portions of DISTRICT EASEMENTS for construction of PROJECT; and
F. CITY desires to operate and maintain LIMONITE BRIDGE and BRIDGE IMPROVEMENTS within DISTRICT EASEMENTS and San Bernardino County's held rights of way or easements; and
G. CITY has obtained an Encroachment Permit (Permit No. FCCON-2021- 00020) from San Bernardino County for the construction, operation and maintenance of the portions of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS within San Bernardino County's held rights of way or easements; and
H. Construction and operation of PROJECT may be accommodated within DISTRICT EASEMENTS to the extent that such uses do not unreasonably interfere with the DISTRICT's principal function or ability to operate and maintain LINE F-3 STAGE 1; and I. Subject to the provisions of this Agreement, DISTRICT is willing to (i) allow CITY to cause the construction of the PROJECT within DISTRICT EASEMENTS, (ii) 85 259373
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inspect construction of PROJECT and (iii) allow CITY to operate and maintain LIMONITE BRIDGE and BRIDGE IMPROVEMENTS located within DISTRICT EASEMENTS; and J. In accordance with the provisions of this Agreement, CITY will (i) prepare or cause to be prepared plans and specifications for PROJECT and submit to DISTRICT for its review and written approval, (ii) cause the construction and inspection of PROJECT and repair of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS at no cost to DISTRICT, (iii) conduct periodic safety inspections of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS , (iv) accept ownership and responsibility for the structural integrity of LIMONITE BRIDGE , (v) accept operation and maintenance of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS and (vi) indemnify, defend and hold DISTRICT harmless from any claims arising from CITY's or the public 's use of LIMONITE BRIDGE or from CITY's responsibilities in connection therewith or the condition thereof; and
K. In addition, CITY will be responsible for the maintenance of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS features within DISTRICT EASEMENTS as follows: (i) routine maintenance of surface improvements and associated appurtenances, including, but not limited to, scour and slope protection, guardrails, fencing, decorative PCC concrete, asphalt concrete base, asphalt rubberized hot mix, AC paving , street surfacing, street inlets, catch basins and connector pipes, (ii) general beautification maintenance of BRIDG E IMPROVEMENTS over (above) LINE F -3 STAGE 1 , including, but not limited to, weed abatement, trash removal, graffiti removal and any issues arising from homeless encampments, (iii) operation and maintenance of the future retaining wall for LIMONITE BRIDGE maintenance access ramp and (iv) one hundred percent (100%) of the costs associated with the demolition and restoration of the retaining wall, as shown in concept in red on Exhibit "B", and its footing in the event STORM DRAIN ever needs to be replaced; and 86 259373
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L. Additionally, DISTRICT will be responsible for (i) operation and maintenance of the STORM DRAIN , (ii) hydraulic capacity of STORM DRAIN , (iii) one hundred percent (100%) of the costs associated with the pipe and installation in the event STORM DRAIN ever needs to be replaced and (iv) one hundred percent (100%) of cost for excavation and shoring in the event STORM DRAIN ever needs to be replaced; and M. It is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and
N. The purpose of this Agreement is to memorialize the mutual understandings by and between DISTRICT and CITY with respect to design, construction, inspection, ownership, operation and maintenance of PROJECT.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
SECTION I
CITY shall:
1. Pursuant to the California Environmental Quality Act ("CEQA"), continue to act in the Lead Agency role and be responsible for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to (i) construction, operation and maintenance of PROJECT and (ii) operation, repair and maintenance of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS.
2. Prior to constructing any improvements on or performing any physical modifications within DISTRICT EASEMENTS, prepare or cause to be prepared plans and specifications for PROJECT ("IMPROVEMENT PLANS") and submit to DISTRICT (Attention:
Permits Section) for review and approval.
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3. Pay all costs associated with preparation of IMPROVEMENT PLANS , including DISTRICT's review and approval thereof.
4. Pay all costs associated with DISTRICT's preparation and administration of this Agreement.
5. Secure, at its sole costs and expense, all necessary permits, approvals, licenses or agreements as may be required by any federal, state or local resource or regulatory agencies as may be needed to construct, inspect, operate and maintain PROJECT.
6. Obtain an encroachment permit from DISTRICT (Attention: Permits Section) pursuant to its rules and regulations and comply with all provisions set forth therein prior to commencing construction of PROJECT or any other improvements within DISTRICT EASEMENTS.
7. Prior to commencing construction of PROJECT within DISTRICT EASEMENTS, furnish DISTRICT with copies of all permits, approvals or agreements as may be required by any federal, state or local resource and/or regulatory agencies for the construction, operation, inspection and maintenance of PROJECT. Such documents include , but are not limited to, those issued by the U.S. Fish and Wildlife Service, U.S. Army Corps of Engin eers, California Regional Water Quality Control Board, California Department of Fish and Wildlife, the State Water Resources Control Board and the Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").
8. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation, inspection and maintenance of PROJECT.
9. Take reasonable action to ensure that REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede 88 259373
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DISTRICT's ability to perform all necessary operation and maintenance activities for LINE F-3 STAGE 1 as determined by DISTRICT or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within DISTRICT EASEMENTS.
10. Cause PROJECT to be constructed in DISTRICT EASEMENTS in accordance with IMPROVEMENT PLANS approved by DISTRICT, and pay all costs associated therewith.
11. Not permit any change to or modification of DISTRICT permitted IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT, which shall not be unreasonably withheld.
12. Obtain a new encroachment permit from DISTRICT (Attention: Permits Section) if any subsequent modifications are needed to LIMONITE BRIDGE and BRIDGE IMPROVEMENTS.
13. Grant DISTRICT, by execution of this Agreement, the right to enter upon property owned or controlled by CITY where necessary and convenient for the purpose of gaining access to and performing inspection service for STORM DRAIN and any CITY proposed storm drain connections to DISTRICT maintained facilities.
14. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all o ther attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should 89 259373
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adhere to DISTRICTꞌs required insurance provided in Exhibit "C", attached hereto and made a part hereof.
15. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations, including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.
16. Inspect PROJECT construction or cause PROJECTꞌs construction to be inspected by its construction manager, and pay all costs associated therewith.
17. Within two (2) weeks of completing PROJECT construction, provide DISTRICT with written notice (Attention: Construction Management Section) that PROJECT construction is substantially complete and requesting that DISTRICT conduct a final inspection of STORM DRAIN.
18. Perform all survey and construction staking work as needed for PROJECT as specified herein.
19. Furnish or cause its construction manager to furnish all construction survey and materials testing services necessary to ensure PROJECT construction is accomplished in accordance with the DISTRICT and CITY approved IMPROVEMENT PLANS.
20. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
21. Upon completion of PROJECT construction, provide DISTRICT with appropriate engineering documentation necessary to establish STORM DRAIN was constructed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.
22. Upon DISTRICTꞌs acceptance of STORM DRAIN for ownership, operation and maintenance, provide DISTRICT with a reproducible duplicate set of "record drawings" of IMPROVEMENT PLANS.
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23. Upon completion of PROJECT construction and CITY 's acceptance thereof, assume sole responsibility for the design, construction and inspection of PROJECT, including all necessary modifications, repairs, corrections or temporary removal as reasonably deemed necessary by DISTRICT for the continuing function, reconstruction, repair or operation and maintenance of the LINE F-3 STAGE 1 facility.
24. Within DISTRICT EASEMENTS, assume sole responsibility for (i) the operation and maintenance of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS , including, but not limited to, performing all necessary repairs and the routine removal of trash and debris associated with CITY's and public 's use of DISTRICT EASEMENTS, (ii) the structural integrity of LIMONITE BRIDGE, (iii) its responsibilities under Recitals J and K and (iv) as between DISTRICT and CITY, assume all liability associated with the public use of LIMONITE BRIDGE within the DISTRICT EASEMENTS, including claims of third persons for injury or death or damage to property, subject to any defenses and immunities CITY may have in response to such third party claims. Said obligation shall not include any inverse condemnation liability of DISTRICT by reason of the location of LINE F -3 STAGE 1 or PROJECT improvements related thereto unless such liability is the result of CITY's operations.
25. Protect the safety of the public who may utilize LIMONITE BRIDGE within DISTRICT EASEMENTS by conducting periodic safety inspections and promptly making repairs that are necessary to safeguard the public and its use thereof.
26. Promptly repair any damage to LIMONITE BRIDGE and BRIDGE IMPROVEMENTS within DISTRICT EASEMENTS under the license granted herein unless such damage is caused by flooding or is the result of DISTRICT's customary operation, maintenance or improvements to its facilities located therein. 91 259373
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27. Waive any claim against DISTRICT for damages to LIMONITE BRIDGE resulting from DISTRICT's customary operation and maintenance activities performed within DISTRICT EASEMENTS or its appurtenant works, including any natural calamity, act of God or any cause or conditions beyond the control of DISTRICT, save and except damages resulting from DISTRICT's active negligence or willful misconduct.
28. Immediately remove, upon written request by DISTRICT's General Manager-Chief Engineer, any improvements and/or equipment CITY has placed on LIMONITE BRIDGE within DISTRICT EASEMENTS not previously approved by DISTRICT, if such improvements and/or equipment can be removed immediately, or cease their use if such improvements and/or equipment cannot be removed immediately, that DISTRICT's General Manager-Chief Engineer reasonably believes would be detrimental to the operation of LINE F- 3 STAGE 1. If DISTRICT invokes this provision, it shall be required to communicate a detailed explanation of the basis for its determination that LIMONITE BRIDGE has become detrimental to the operation of LINE F-3 STAGE 1 in writing to CITY and shall be required to meet and confer with CITY's designated representatives prior to finalizing such opinion.
29. If, in the opinion of the General Manager -Chief Engineer, CITY's or the public's use of DISTRICT EASEMENTS may cause or contribute to a public hazard, a public nuisance, degradation of water quality or any other matter of substantial concern to DISTRICT, DISTRICT reserves the right to reasonably require remediation.
30. Indemnify and hold harmless DISTRICT, its directors, officers, Board of Supervisors, elected and appointed officials, agents, employees, representatives, independent contractors and subcontractors (collectively "INDEMNIFIED PARTIES ") from any liability whatsoever, based or asserted upon any act or omission of CITY, its officers, employees, subcontractors, agents or representatives, arising from, related to or in any manner connected 92 259373
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with i) CITY's use of DISTRICT EASEMENTS and responsibilities under this Agreement in connection therewith and ii) property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from, related to or in any manner connected with the public use of LIMONITE BRIDGE within DISTRICT EASEMENTS. CITY shall defend, at its sole expense, all costs and fees, including, but not limited to, attorneys ' fees, cost of investigation, defense, and settlements or awards, INDEMNIFIED PARTIES in any claim or legal action based upon such alleged acts or omissions.
31. With respect to any action or claim subject to indemnification herein by CITY, CITY 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 without the prior consent of DISTRICT, provided however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to INDEMNIFIED PARTIES as set forth herein. CITY's obligation hereunder shall be sat isfied when CITY has provided to INDEMNIFIED PARTIES the appropriate form of dismissal relieving INDEMNIFIED PARTIES from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless INDEMNIFIED PARTIES herein from third party claims.
32. 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 from indemnifying the INDEMNIFIED PARTIES to the fullest extent allowed by law.
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33. This indemnification provision shall survive termination or expiration of this Agreement until such a time as the statute of limitations shall run for any claims that may arise out of this Agreement.
SECTION II
DISTRICT shall:
1. Act as a responsible agency under CEQA, taking all necessary and appropriate action to comply with CEQA.
2. Review, comment and approve, as appropriate, IMPROVEMENT PLANS prior to the start of constructing any improvements on or performing any physical modifications within DISTRICT EASEMENTS.
3. Review, comment and approve, as appropriate, on all REGULATORY PERMITS, including any subsequent renewal or amendments thereto, prior to final execution or acceptance by CITY.
4. Upon DISTRICT approval of IMPROVEMENT PLANS and
REGULATORY PERMITS, issue an encroachment permit to CITY for the construction of PROJECT and the operation and maintenance of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS in accordance with DISTRICT approved IMPROVEMENT PLANS and subject to the provisions set forth in DISTRICT's EP 4015.
5. Grant rights to CITY to construct PROJECT and operate and maintain LIMONITE BRIDGE and BRIDGE IMPROVEMENTS within DISTRICT EASEMENTS.
6. Inspect STORM DRAIN construction, as appropriate.
7. Upon receipt of CITY 's written notice that PROJECT construction is substantially complete, conduct a final inspection of STORM DRAIN. 94 259373
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8. Accept ownership and sole responsibility for the operation and maintenance of STORM DRAIN upon (i) inspection of STORM DRAIN in accordance with Section I. 17, (ii) acceptance of STORM DRAIN as being complete , (iii) receipt of CITY 's recorded Notice of Completion as set forth in Section I.2 0., (iv) receipt of all necessary engineering documentation as described in Section I. 21., (v) receipt of a reproducible duplicate set of "record drawings" of IMPROVEMENT PLANS as set forth in Section I.22., (vi) STORM DRAIN is fully functioning as a flood control drainage system as solely determined by DISTRICT and (vii) DISTRICT's sole determination that STORM DRAIN is in a satisfactorily maintained condition.
9. Provide CITY with written notice of (i) any non -compatible use or condition that is not in conformity with the provisions of this Agreement or (ii) any condition which, in the reasonable opinion of DISTRICT's General Manager-Chief Engineer, could adversely affect the primary flood control function of or DISTRICT's ability to operate and maintain LINE F-3 STAGE 1, and grant CITY ten (10) days or more from and after such notice to correct any such nonconforming use or condition.
10. Assume no responsibility, obligation or liability whatsoever for (i) the design, construction, inspection and repair of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS, (ii) operation and maintenance of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS, including the public use of these facilities or (iii) CITY's use of DISTRICT EASEMENTS as granted herein, unless done so expressly in writing approved by both Parties as an amendment or addendum to this Agreement.
11. Other than in emergency situations, provide thirty (30) days written notice to CITY should DISTRICT determine that a closure of LIMONITE BRIDGE for the purpose of operation, maintenance repair or re-construction is necessary. 95 259373
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SECTION III
It is further mutually agreed:
1. DISTRICT hereby authorizes CITY, in accordance with the terms, covenants, conditions and provisions of this Agreement, the revocable, non-exclusive use of DISTRICT EASEMENTS, as depicted on Exhibit "A", for the purpose of constructing PROJECT and to operate and maintain LIMONITE BRIDGE and BRIDGE IMPROVEMENTS . It is expressly agreed that DISTRICT EASEMENTS shall be used by CITY solely and exclusively for the purpose of accommodating LIMONITE BRIDGE and BRIDGE IMPROVEMENTS and shall not use it for any other purpose unless approved in writing by DISTRICT. No change shall be made by CITY in the use of DISTRICT EASEMENTS without DISTRICT's prior written approval.
2. The permission, rights and privileges granted hereunder are revocable, nonexclusive and nontransferable. The rights granted hereunder in this Agreement are subject to the prior use and property rights of DISTRICT, and all other licenses, covenants, conditions, restrictions, reservations, rights and easements, whether of record or not. CITY shall not unreasonably or materially interfere with the use , operation and activities of DISTRICT-on- DISTRICT EASEMENTS. CITY shall not, either voluntarily or by action of law, assign or transfer this Agreement or any obligation, right, title or interest assumed by CITY herein without the prior written consent of DISTRICT. Section III.11. notwithstanding , CITY must obtain DISTRICT's prior written consent in order to make an assignment or transfer of this Agreement, any obligation, right, title or interest herein. DISTRICT consent shall not be unreasonably withheld.
3. Term and Termination of Agreement.
(a) Term. This Agreement shall commence on the date this Agreement 96 259373
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is fully approved and executed by Parties and continue for so long as DISTRICT EASEMENTS is used for LIMONITE BRIDGE and BRIDGE IMPROVEMENTS.
(b) Termination for Abandonment. In the event that CITY shall abandon the use of DISTRICT EASEMENTS or any portion thereof for the permitted purposes described herein, the Agreement shall expire and terminate upon the expiration of six (6) months following CITY's abandonment of the said property, in which case, DISTRICT shall provide written notice to CITY of termination for abandonment with the effective date of said termination.
4. Nothing herein shall be construed as creating any obligation or responsibility on the part of DISTRICT to inspect or warranty LIMONITE BRIDGE or operate and maintain LIMONITE BRIDGE and BRIDGE IMPROVEMENTS.
5. CITY shall, at its own cost and subject to the written approval of DISTRICT's General Manager -Chief Engineer or his or her designee, repair and maintain the parts of LIMONITE BRIDGE and BRIDGE IMPROVEMENTS and DISTRICT EASEMENTS so that they will not at any time be a source of danger to or interference with any activities on DISTRICT EASEMENTS. Any repair and maintenance work shall be done to DISTRICT 's standards.
6. DISTRICT personnel may observe and inspect all work being done on PROJECT. It is further mutually agreed by the parties hereto that any quality control comments from DISTRICT regarding said work shall be provided in writing to shall be provided to CITY personnel who, as CITY's construction contract administrator, shall be solely responsible for all official communications with its construction contractor(s).
7. This Agreement is to be construed in accordance with the laws of the State of California.
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8. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall be declared severable and shall be given full force and effect to the fullest extent possible. It is expressly understood that this Agreement is not exclusive and does not in any way whatsoever grant or convey any permanent easement, lease, fee or other real property interest in LINE F-3 STAGE 1 to CITY.
9. This Agreement is subordinate to all prior and future rights of DISTRICT in LINE F-3 STAGE 1 and the use of LINE F-3 STAGE 1 for the purposes in which it was acquired.
10. The undersigned represents that it has the authority to, and does, bind the person or entity on whose behalf and for whom it is signing this Agreement and the attendant documents provided for herein, and this Agreement and said additional documents are, accordingly, binding on said person or entity.
11. This Agreement is made for the benefit of the Parties to this Agreement and their respective successors and assigns, and except as provided in Section III.20., no other persons or entity may have or acquire any right by virtue of this Agreement.
12. CITY shall not permit to be placed against DISTRICT EASEMENTS or any part thereof, any design professionals', mechanics ', materialmans ', contractors ' or subcontractors' liens with the regard to CITY's actions upon DISTRICT EASEMENTS and agrees to hold DISTRICT harmless for any loss or expense, including reasonable attorneys' fees, arising from any such liens which might be filed against DISTRICT EASEMENTS caused by CITY.
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:
98 259373
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- 16 -
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: City Engineer
Attn: Encroach Permits Section
14. 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 this 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.
15. 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.
16. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcement hereof.
17. 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. 99 259373
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18. Time is of the essence in prosecuting the work contemplated under this Agreement.
19. DISTRICT and CITY each pledge to cooperate in regard to the operation and maintenance of their respective facility as set forth herein and to discharge their respective maintenance responsibilities in an expeditious fashion so as to avoid the creation of any nuisance condition or undue maintenance impact upon the others' facility.
20. This Agreement shall not be assigned by either Party, in whole or in part, without the prior written consent of the other Party.
21. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one 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 the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government ag ency.
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. //
100
259373
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT, a body corporate and politic
By By _
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Board of Supervisors, Riverside County Flood Control and Water Conservation District
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN KIMBERLY RECTOR
County Counsel Clerk of the Board
By By ___________________________________
RYAN YABKO Deputy
Deputy County Counsel
(SEAL)
Cooperative Maintenance Agreement w/City of Eastvale
Eastvale MDP Line F-3, Stage 1
Project No. 2-0-00356
Parcel Map No. 35865
Encroachment Permit No. 4015
City File No. 93026
AMR:rlp
10/17/24
101
259373
4865-2415-4843 v1 - 19 -
CITY OF EASTVALE,
a California municipal corporation
By
MARK ORME
City Manager
APPROVED AS TO FORM: ATTEST:
By By
ERICA VEGA MARC A. DONOHUE, MMC
City Attorney City Clerk
(SEAL)
Cooperative Maintenance Agreement w/City of Eastvale
Eastvale MDP Line F-3, Stage 1
Project No. 2-0-00356
Parcel Map No. 35865
Encroachment Permit No. 4015
City File No. 93026
AMR:rlp
10/17/24
102
103
D D
D
104
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EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 1 of 4
DISTRICT's Insurance Requirements is as follows:
CITY's contractor(s) shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section.
Without limiting or diminishing CITY's contractor(s) obligation to indemnify or hold DISTRICT harmless, CITY contractor(s) shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their re spective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation:
If CITY contractor(s) has employees as defined by the State of California, CITY contractor(s) shall maintain statutory Workers' Compensation Insurance(Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's contractor(s) performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If CITY's contractor(s) vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY contractor(s) shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.
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EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 2 of 4
D. Pollution and Asbestos Liability:
CITYꞌs contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering CITYꞌs contractor(s) liability for a third -party bodily injury and property damage arising from pollution conditions caused by the CITYꞌs contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT. The insurance coverage shall also respond to cleanup cost. This coverage may b e written in combination with the commercial general liability insurance or professional liability insurance.
CITYꞌs contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract. Any self -insured retention/deductible amount shall be submitted to the DISTRICT for review and approval. If CITYꞌs contractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by CITYꞌs contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insu rance and coverage shall be available to the DISTRICT.
In the event, CITYꞌs contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, CITYꞌs contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT and CITY , if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendere d harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT and CITY .
CITYꞌs construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).
E. Professional Liability:
CITY contractor(s) shall cause any architect or engineer retained by CITY contractor(s) in connection with the performance of CITY's contractor(s) obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and 107
EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 3 of 4
$2,000,000 annual aggregate. CITY contractor(s) shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2)Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for t he term specified in the insurance policy as long as the law allows.
F. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY contractor(s) must declare its insurance self -insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Ma nager before the commencement of operations under this Agreement. Upon notification of self -insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's contractor(s) carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c. CITY contractor(s) shall cause their insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or r eduction in coverage of such insurance. If CITY contractor(s) insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY contractor(s) shall cause CITY's contractor(s) insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement. 108
EXHIBIT C
INSURANCE REQUIREMENTS ׀ Page 4 of 4
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insuran ce carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. e. It is understood and agreed by the parties hereto that CITY's contractor(s)insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self- insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits o f liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY contractor(s) has become inadequate.
g. CITY contractor(s)shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY contractor(s)agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
109
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.6
November 13, 2024
Adop*on of the City of Eastvale ADA Title II Self-Evalua*on and Transition Plan
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council a
dopt a Resolu on approving and adop ng the ADA Title II Self-Evaluation and Transition Plan
.
Summary
Title II of the Americans with Disabili es Act (ADA) of 1990 mandates that State and local governments ensure equitable access for individuals with disabili es across all areas of public life, including government services, facili es, and employment. The federal law requires public en es to conduct a self-evalua on of all programs, services, and facili es, and jurisdic ons with more than 50 employees are required to establish a transi on plan addressing accessibility barriers. To comply with this requirement, the City of Eastvale has completed its ADA Title II Self-Evalua on and Transition Plan, identifying existing barriers and outlining actionable steps, including estimated costs, to improve accessibility in city facilities and services.
Background
On December 13, 2023, City Council approved a Professional Services Agreement (PSA) with Bureau Veritas Technical Assessments, LLC for prepara on of an ADA Self-Evalua on Report and Transi on Plan. The evalua on encompassed three key areas: 1) city programs, policies, and procedures; 2) city buildings and facili es; and 3) public right-of-way facili es. The final deliverable is an ADA transi on plan, which includes a schedule and es mated costs to address iden fied barriers to access within city programs, services, and facilities.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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Analysis
Issues/Analysis
The project involved mul ple evalua on phases, as well as public outreach opportuni es. Below is a summary of ac vi es, along with a high-level overview of the evalua on results for the three identified accessibility areas.
Activities:
December 2023
: Project kickoff meetings.
January 2024
: Conduct field inspections of City-owned buildings and facilities.
January – September 2024
: Conduct field inspec ons of public pedestrian facili es in the right-of-way.
April 2024
: An online survey was conducted to collect community feedback on accessibility issues in the City.
May – September 2024
: Review of City policies, practices, and websites.
September – October 2024
: The final dra> of the ADA Transi on Plan was completed, with a public review period running from September 30 through October 28. No ce of this review period was provided via social media and the City’s website.
The City received two comments
on the dra> ADA Transi on Plan. The comments were reviewed and considered by the consultant and the appropriate modifications were made to the final transition plan.
Overview of Results
1 .
Programs, Policies, and Procedures
: The final review included recommenda ons to con nue
staff training and establish Citywide policies within various departments to ensure equal access to programs and services. Although internal procedures currently exist to facilitate program access, crea ng formal policies will enhance transparency between the City and the public in mee ng these requirements. Key areas highlighted include emergency management planning, effective communication, special events and public outreach programs. 2 .
Buildings and Facilities
: There were four City-owned buildings and facili es that were included in the self-evalua on. Assessments were comprised of interior and exterior elements and were iden fied by barrier priority which indicated the level of severity of accessibility issues within each facility and its programs. Taking into account facility usage levels and public feedback, remediation efforts were divided into two phases over the next five fiscal years. 3 .
Public Right-of-Way Facili es
: The City’s pedestrian facili es within the public right-of-way were evaluated for physical barriers to accessibility. This assessment included 2,754 curb ramps, 426 pedestrian signals, 23 transit stops, and 349.19 miles of sidewalk, all analyzed against various compliance metrics such as slopes, width, surface roughness, level changes, obstruc ons, and other relevant aFributes. The geodatabase will be integrated into the City’s GIS system and Cartegraph (Asset Management So>ware), with barrier remedia on prioritized in three phases over a 20-year period.
The City’s Accessibility Coordinator is responsible for overseeing the implementa on of the ADA transi on plan, including its ongoing updates and the tracking of facility and program enhancements in conjunc on with other City departments. This transi on plan will act as a roadmap for capital improvement and maintenance projects, providing a framework for future budget planning and the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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111
alloca on of funds dedicated to barrier removal. The ADA transi on plan will func on as a living document that will be con nuously reviewed and updated by staff in alignment with the City’s budget cycle to ensure ongoing compliance. As a result, this transi on plan will fulfill the regulatory requirements of the Americans with Disabili es Act of 1990, posi oning the City to effec vely make its programs, services, and activities accessible to all residents and visitors in Eastvale.
Therefore, staff is recommending the approval of a Resolu on for the adop on of the ADA Title II Self-Evaluation and Transition Plan.
Environmental
The adop on of the ADA Self-Evalua on and Transi on Plan is exempt from environmental review pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the adop on of the Plan would not cause significant environmental impacts. The Plan calls for changes to administra ve policies and procedures, as well as minor modifica ons to exis ng facili es. As physical projects are approved to move forward within the Plan, environmental analysis will be conducted if appropriate.
Strategic Plan Action - Priority Level: 2
| Target #: E
| Goal #: E
Create walkable spaces in private development. Create a walkable community.
Fiscal Impact
Total fiscal impact from the adop on of the Transi on Plan is zero. The comple on of this plan allows the City to recognize and strategically tackle the barriers to access in its programs, services, and facili es. The FY 2024-25 Budget allocates $250,000 from Measure A for CIP project number 91007-0000, the Citywide Americans with Disabili es Act Transi on Plan. In future budget cycles, the City will maintain its commitment to funding ADA improvements and barrier removal as outlined in the Transi on Plan, as a result there is no immediate fiscal impact due to the adop on of the Transition Plan.
Prior City Council/Commission Action
On December 13, 2023, City Council approved a Professional Services Agreement (PSA) with Bureau Veritas Technical Assessments, LLC for prepara on of an ADA Self-Evalua on Report and Transi on Plan.
Attachment(s)
Attachment 1 - Resolution
Attachment 2 - Exhibit A to Resolution - ADA Title II Self-Evaluation and Transition Plan
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RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,
ADOPTING THE ADA TITLE II SELF-EVALUATION AND TRANSITION PLAN WHEREAS, Title II of the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability and requires state and local governments to ensure access to government programs, services activities and employment; and WHEREAS, the Americans with Disabilities Act requires public entities to conduct self-evaluation of all programs, services and facilities; and WHEREAS, the Americans with Disabilities Act requires jurisdictions with more than 50 employees to establish a transition plan addressing structural or programmatic barriers, the method to make the facilities accessible, and the schedule for achieving compliance; and
WHEREAS, to be in full compliance with statutory requirements, the City completed a Citywide evaluation of facilities and buildings, public right-of-way facilities, and City programs, policies, and procedures with consultant Bureau Veritas Technical Assessments, LLC; and
WHEREAS, the City of Eastvale ADA Title II Self-Evaluation and Transition Plan is a living document to be reviewed and updated to maintain compliance with all federal and state laws; and
WHEREAS, identified barriers in facilities and programs will be removed systematically Citywide based on priorities and scheduled phasing determined by public outreach, City programs and citizen request; and
WHEREAS, the City is dedicated to assuring all its programs, services, and facilities are usable by every resident and visitor, including those who have disabilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the City of Eastvale ADA Title II Self-Evaluation and Transition Plan, attached hereto and labeled as Attachment 1, is hereby adopted.
SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and thereupon and thereafter the same shall take effect and be in full force.
PASSED, APPROVED AND ADOPTED this 13th day of November, 2024. 113
__________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
114
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 City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
115
ADA TITLE II SELF-EVALUATION AND TRANSITION
PLAN
OF
CITY OF EASTVALE
12363 LIMONITE AVENUE
EASTVALE, CALIFORNIA 91752
PREPARED BY:
Bureau Veritas
6021 University Boulevard, Suite 200
Ellicott City, Maryland 21043
800.733.0660
www.bureauveritas.com
BV CONTACT:
Michael Cunniff
Program Manager
800.733.0660 x7296214
[email protected]
BV PROJECT #:
164150.23R000.00A.206
DATE OF REPORT:
October 31, 2024
ADA TITLE II SELF-EVALUATION AND
TRANSITION PLAN
prepared for
City of Eastvale
12363 Limonite Avenue
Eastvale, California 91752
Bureau Veritas
6021 University Boulevard, Suite 200 | Ellicott City, MD 21043 | www.bureauveritas.com | p 800.733.0660 116
ADA TITLE II SELF-EVALUATION AND TRANSITION PLAN
CITY OF EASTVALE BUREAU VERITAS PROJECT: 164150.23R000-00A.206
www.bureauveritas.com | p 800.733.0660
TABLE OF CONTENTS
1. CERTIFICATION ..................................................................................................................................... 2
2. OVERVIEW OF THE CITY OF EASTVALE ........................................................................................... 3
3. ACCESSIBILITY REQUIREMENTS ....................................................................................................... 4
3.1 Americans with Disabilities Act .......................................................................................................... 4
3.2 Accessibility in the Public Right-of-Way ............................................................................................ 5
4. REQUIREMENTS FOR A SELF-EVALUATION AND ADA TRANSITION PLAN ................................. 6
5. PUBLIC OUTREACH .............................................................................................................................. 7
5.1 Public Comments .............................................................................................................................. 7
6. SELF-EVALUATION: PROGRAMMATIC AND ADMINISTRATIVE REVIEW ...................................... 8
6.1 Community Services .......................................................................................................................... 8
6.2 Housing ............................................................................................................................................. 11
6.3 Personnel and Internal Policies and Procedures ............................................................................. 12
6.4 Human Resources: Position Descriptions ........................................................................................ 13
6.5 ADA Coordinator .............................................................................................................................. 14
6.6 Notice of the ADA’s Provisions ......................................................................................................... 15
6.7 Grievance Procedures ...................................................................................................................... 16
6.8 General Effective Communications .................................................................................................. 16
6.9 9-1-1 and Emergency Communication Services .............................................................................. 18
6.10 Website Accessibility ...................................................................................................................... 19
6.11 Curb Ramps and Pedestrian Crossing ........................................................................................... 20
6.12 Emergency Management ............................................................................................................... 20
7. SELF-EVALUATION: FACILITY and PROW ASSESSMENTS ........................................................... 24
7.1 City Facilities..................................................................................................................................... 24
7.2 City PROW Pedestrian Facility ......................................................................................................... 26
7.3 Basis for Probable Costs .................................................................................................................. 28
8. COMPLIANCE STRATEGY ................................................................................................................... 29
9. PHASING AND PRIORITIES ................................................................................................................. 30
9.1 City Facility Phasing and Individual Facility Barrier Priorities ........................................................... 30
9.2 City PROW Barrier Phasing ............................................................................................................. 31
9.3 Priority Areas: Public Facilities, Parks, Schools, Commercial / Retail ............................................. 33
9.4 Priority Areas: Public Transportation ................................................................................................ 34
10. CITY OF EASTVALE FUNDING LEVELS ............................................................................................. 35
11. TRANSITION PLAN COMPONENTS .................................................................................................... 36
11.1 Overview ......................................................................................................................................... 36
11.2 Barriers Summary ........................................................................................................................... 36
11.3 Buildings and Parks Barrier Removal Strategy .............................................................................. 36
11.4 PROW - Sidewalk Barrier Removal Summary ............................................................................... 38
11.5 PROW - Curb Ramp Barrier Removal Summary ........................................................................... 41
11.6 PROW - Bus Stops Barrier Removal Summary ............................................................................. 44
11.7 PROW – Pedestrian Signals Barrier Removal Summary ............................................................... 46
11.8 Schedule and Timeline ................................................................................................................... 48
12. APPENDICES ........................................................................................................................................ 49
117
ADA TITLE II SELF-EVALUATION AND TRANSITION PLAN
CITY OF EASTVALE BUREAU VERITAS PROJECT: 164150.23R000-00A.206
www.bureauveritas.com | p 800.733.0660
1 . C E R T I F I C A T I O N
Bureau Veritas has completed a Comprehensive Accessibility Evaluation of the City of Eastvale properties in Riverside County, California, in accordance with the requirements of 28 CFR Part 35, the 2010 ADA Design Standards for Accessible Design, and the State of California Building Code sections related to accessibility.
The conclusions and recommendations presented in this Self-Evaluation and Transition Plan are based on the evaluations of properties under the jurisdiction of the City of Eastvale, associated documentation related to the properties, and input from the City of Eastvale staff.
Accessibility evaluations were conducted by Bureau Veritas Project Architects and Project Engineers during site visits to individual properties. Project Architects’ and Engineers’ observations were made during site visits conducted in 2024. Cost estimates for barrier removal are planning level cost estimates based on Bureau Veritas’s experience with similar properties.
The assessments were performed at the Client’s request using methods and procedures consistent with good commercial and customary practice for assessing compliance with the Title II provisions of the Americans with Disabilities Act (ADA), including the requirements of 28 CFR Part 35, and applicable state requirements. Accessibility barriers in areas which were not readily accessible, and/or may not have been visible, may exist. Individual facility reports describe property conditions at the time that the observations and research were conducted. The individual facility reports are not an engineering evaluation of physical conditions. The Self-Evaluation did not include engineering evaluations or engineering calculations to determine the adequacy of the facility’s original design or to determine engineered cost estimates.
The opinions Bureau Veritas expresses in this report were formed utilizing the degree of skill and care ordinarily exercised by any prudent architect or engineer in the same community under similar circumstances. Bureau Veritas assumes no responsibility or liability for the accuracy of the information contained in this report, which has been obtained from the Client or the Client’s representatives, from other interested parties, or from the public domain. The conclusions presented represent Bureau Veritas’s professional judgment based on information obtained during the course of this assignment. The conclusions presented are based on the data provided, observations made, and conditions that existed specifically on the date of the assessments of individual properties.
Bureau Veritas certifies that Bureau Veritas has no undisclosed interest in the subject property, Bureau Veritas’ relationship with the Client is at arms-length, and that Bureau Veritas’ employment and compensation are not contingent upon the findings or estimated costs to remedy any deficiencies.
This report has been prepared on behalf of and exclusively for the use of the City of Eastvale for the purposes stated herein.
The purpose for which this report shall be used shall be limited to the use as stated in the contract between the client and Bureau Veritas.
This report, or any of the information contained therein, is not for the use or benefit of, nor may it be relied upon by any other person or entity, for any purpose without the advance written consent of Bureau Veritas. Any reuse or distribution without such consent shall be at the client’s or recipient’s sole risk, without liability to Bureau Veritas.
If you have any questions regarding this report, please contact Michael Cunniff, Program Manager at (800) 766-0660 x 7296214.
Certified by:
Michael Cunniff
[email protected]
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2 . O V E R V I E W O F T H E C I T Y O F E A S T V A L E The City of Eastvale was incorporated as a general law City on October 1, 2010. Eastvale has a separately elected Mayor and four Council members, each elected to overlapping four-year terms. The Mayor and Council appoint the City Manager and City Attorney, with department directors appointed by the City Manager. The Council-Manager form of government allows for democratic participation, representation through City Council, professional implementation, and efficient operation and delivery of services.
Located in Riverside County, the City of Eastvale has a total area of approximately 13 square miles. As one of California’s newest cities, the City of Eastvale has adopted their “Eastvale 2040 General Plan” to guide the City’s growth with a vision of developing a “family-friendly city with an abundance of diverse entertainment, recreation, arts, mobility, housing, education, and business opportunities”. The city is guided by core organizational values that reflect the commitment to excellence in all facets of its operations and services.
Eastvale provides a full range of services for its citizens. Services provided by the City include but are not limited to public works, planning and development, and human resources / risk management. The city also contracts with Riverside County and companies to provide additional services such as police, fire, animal control, parks & recreation, utilities, recycling / waste disposal, and street sweeping.
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3 . A C C E S S I B I L I T Y R E Q U I R E M E N T S
3.1 Americans with Disabilities Act
The Americans with Disabilities Act (ADA) of 1990 provides comprehensive, wide-ranging rights and protections to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Many consider it to be one of the most important civil rights laws since the Civil Rights Act of 1964. The goal of the ADA is to ensure equality of opportunity, full participation, and independent living to all individuals, including those with disabilities; it expressly prohibits all state and local governments and most private businesses from discriminating on the basis of disability. The ADA provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADA includes the definition of a disability, and in 2008, the ADA Amendments Act expanded and better defined the definition of a disability.
The ADA defines a disability, with respect to an individual, in one of three ways: a physical or mental impairment that substantially limits one or more major life activities; a record or history of such impairment; or regarded as having such as an impairment. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
The ADA is divided into five sections, or titles, covering specific areas: Employment (Title I), State and Local Government (Title II), Places of Public Accommodation (Title III), Telecommunication (Title IV), and Miscellaneous Provisions (Title V). This report focuses solely on Title II.
The Department of Justice (DOJ) is responsible for the enforcement of the provisions of the ADA other than employment policy related issues. The DOJ’s regulations implementing Title II of the ADA dictate that local governments and public agencies, such as the City of Eastvale, must evaluate their services, programs, policies and practices, and identify barriers that may limit accessibility for individuals with disabilities and develop transition plans describing how they will address identified barriers.
In 2010, the DOJ issued revised and expanded ADA regulations. The new regulations revised and updated earlier standards as well as included new standards for various recreational uses such as play equipment, amusement rides, fishing piers, etc. These are collectively called the 2010 ADA Standards for Accessible Design (2010 Standards). These new standards guide all new construction and renovation projects. All facilities have been evaluated and audited using the 2010 Standards.
Generally, Title II of the ADA prohibits discrimination by public entities to access and use of programs, services and activities on the basis of disability. In addition, public agencies must provide program access to all programs of the agency. Program, as used in the phrase “program access”, is defined by the Department of Justice as “programs, services, and activities” of the public agency. Program access requires that each service, program, or activity, when viewed in its entirety, be readily accessible and usable by individuals with disabilities and allows for other methods in achieving program access besides structural changes. Where there are no feasible other methods to make the program accessible, structural changes in existing facilities are required. Structural changes to existing buildings must comply with requirements of the 2010 ADA Standards to the extent feasible to meet program access requirements.
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Buildings completed and occupied after January 26, 1992, are required to comply fully with ADAAG. Existing facilities constructed prior to this date are held to the lesser standard of complying to the extent allowed by structural feasibility and the financial resources available, or a reasonable modification/accommodation must be made.
However, program access by the public is still required.
A full explanation of the ADA is located in Appendix A.
3.2 Accessibility in the Public Right-of-Way
As part of the Rehabilitation Act of 1973, the U.S. Access Board, originally known as the Architectural and Transportation Barriers Compliance Board was created with the purpose of promoting equality for individuals with disabilities and developing accessibility guidelines and standards in the built environment.
After the Americans with Disabilities Act was enacted in 1990, the Access Board began developing accessibility guidelines for pedestrian facilities in the public right-of-way. The Board issued proposed guidelines in 1992 followed by interim guidelines in 1994 but was met with numerous public comments that indicated that further research was needed on accessible pedestrian facilities in the public right-of-way.
In 1999, a Federal advisory committee was created to recommend accessibility guidelines in the public right-of- way. After various comments and revisions to draft recommendations, in July 2011, the Access Board initiated the instant rulemaking and issued a Notice of Proposed Rulemaking for Accessibility Guidelines for Public Rights-of- Way. In February 2013, the Board issued a Supplemental Notice of Proposed Rulemaking to include accessibility requirements for shared use paths.
The Board reviewed all public comments carefully, consulted with the Department of Justice and United States Department of Transportation, and revised the new guidelines for final publication. The Public Right-of-Way Accessibility Guidelines (PROWAG) final rule came to a halt in January 2017 in response to Executive Order 13771 which required that agencies eliminate two regulations for every new regulation proposed and that total incremental cost of any new regulation and deregulation actions to be zero.
In 2021, Executive Order 13772 rescinded Executive Order 13771, and work resumed on the PROWAG rulemaking. The Board published the final rule in the Federal Register on August 8, 2023 with an effective date of September 7, 2023. When the DOJ and US DOT adopt the final guidelines with or without modifications, they will become the minimum design standards enforceable under the ADA for new construction and alterations of pedestrian facilities in the public right-of-way.
In addition to federal standards, PROW in the state of California is subjected to the applicable standards in the California Building Code (CBC). Amended in 2004 and 2009, California Government Code, Section 4450, required “all buildings, structures, sidewalks, curbs, and related facilities, constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall be accessible to and usable by persons with disabilities.” This led to the enactment of the CBC section 1.9, which required all “Publicly funded buildings, structures, sidewalks, curbs, and related facilities shall be accessible to and usable by persons with disabilities” and the public rights-of-way (PROW) being subjected to Chapter 11B of the CBC.
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4 . R E Q U I R E M E N T S F O R A S E L F - E V A L U A T I O N A N D A D A
T R A N S I T I O N P L A N
The purpose of the ADA is to make sure that people with disabilities can fully participate in all aspects of civic life.
Under Title II of the ADA, all state/local governments are required to give people with disabilities an equal opportunity to benefit from their programs, services, and activities.
As part of the City of Eastvale’s effort to comply with Title II of the Americans with Disabilities Act (ADA), the City has performed a comprehensive Citywide Self-Evaluation and developed an ADA Transition Plan that included programs and services, policies and procedures, public buildings and right-of-way facilities. The purpose of this Self-Evaluation and Transition Plan is to plan accessibility compliance for the City of Eastvale with the requirements of Title II of the ADA and applicable state regulations contained in the accessibility and related chapters of the California Building Code.
A Self-Evaluation is a governmental organization’s evaluation of its current programs, services, activities, policies, practices, and procedures, and all physical facilities. The Self-Evaluation identifies and corrects barriers to accessibility that are not consistent with Title II of the ADA. .
This Self-Evaluation includes:
a review of the City’s current programs, services, activities, policies, practices, procedures, and physical facilities
findings and recommendations regarding those programs, services, activities, policies, and practices, and physical facilities
the opportunity to interested persons to participate in the Self-Evaluation process through comments and public outreach.
The Transition Plan summarizes the physical obstacles in the City’s facilities identified during the Self-Evaluation that limit the accessibility of its program, services, and activities and sets forth the necessary steps to complete those structural changes.
This Transition Plan includes:
field survey data of physical barriers to access at City owned and leased facilities and pedestrian facilities in the public right-of-way
remediation methods to make the facilities accessible estimated cost for remediations
a schedule for barrier removal including barrier removal prioritization official responsible for implementation of the plan
The draft ADA Transition Plan was made available for public inspection and comment prior to finalization.
A full description of the Self-Evaluation and Transition Plan process is provided in Appendix A.
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5 . P U B L I C O U T R E A C H
5.1 Public Comments
The City of Eastvale recognizes the importance of public opinion. To provide all interested persons the opportunity to comment on the self-evaluation and transition strategies, the City of Eastvale has:
1. Announced on their website and in a public meeting that the City is in the process of conducting an ADA Self-Evaluation and developing an ADA transition plan.
2. Solicited public input via an online survey in April 2024. See Appendix B for survey.
3. Made the draft ADA Self-Evaluation and Transition available for public comments (Sep – Oct, 2024)
The City of Eastvale maintains a record of persons consulted, comments received, and any further audit or assessment performed based on the comments received and modifications made. These records will be maintained by the ADA Coordinator, Maricela Mejia, and will be made available for public inspection. Maricela Mejia can be reached by email at [email protected], by phone at (951) 361-0900, or in person at 12363 Limonite Avenue, Suite 910, Eastvale, California 91752.
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6 . S E L F - E V A L U A T I O N : P R O G R A M M A T I C A N D
A D M I N I S T R A T I V E R E V I E W
Program access under Title II of the ADA is required for public entities in all of their services, policies, and practices. Public entities shall modify any such services, policies and practices to meet the requirements of 28 CFR Part 35. An evaluation of the City's current programmatic and administrative requirements was completed with recommendations for modifications. The City of Eastvale is implementing modifications for non-structural program access immediately to be in compliance with the 28 CFR 35.105. This action plan will correct all deficiencies noted and create established policies and practices for the City to follow.
6.1 Community Services
Requirement:
Programs and services provided by the City of Eastvale must not discriminate against individuals with disabilities.
This extends to providing programs (such as exercise, recreational, swimming, etc.) in an integrated setting.
Providing segregated/separate programs for individuals with disabilities is not acceptable. Additionally, programs that have presentations and use audio/amplified communication (i.e., microphones) need to accommodate individuals with hearing disabilities.
Findings:
City special events have specific ADA compliance verbiage and all City approved special events go through a process that is vetted by the City Building Official who checks for ADA compliance.
The City of Eastvale does not have an accessibility page on their website that provides a list of all accessible features at the facilities, including parking, playgrounds, restrooms, and picnic shelters. It was noted that the City website provides a link to JCSD Parks website, who oversees the parks system and should provide that information
The City of Eastvale does not have written policy/procedure that provides staff with training in supporting individuals of all abilities in all programming where they meet prerequisite requirements with or without reasonable accommodation.
The City of Eastvale does not have written policies regarding the use of service animals and wheelchairs and manually powered mobility aids.
The City of Eastvale does not provide a statement on their website under each program, services, and activities that accommodation can be provided.
The City of Eastvale does not have a preventative maintenance program to maintain accessible features at all facilities.
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Recommendations:
The following are recommended for policies/procedures for accessibility for special events/temporary event permit applications.
o It is recommended that the contact information of a knowledgeable person to respond to questions regarding disabilities be included in the printed material for the events.
o It is recommended to include protocols to staff about the inquiry of a service animal:
Staff may only ask two questions.
Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?
Staff cannot ask about the person’s disability, require medical documentation, require a special ID or training documentation for the dog.
Staff cannot ask the dog to demonstrate its ability to perform the work or task
o It is recommended to include a provision to work with vendors to ensure people with disabilities will have comparable access to food, drinks, merchandise, or services offered.
o It is recommended to include a provision that all staff and volunteers should have a basic awareness of and sensitivity to disability issues. Staff should understand that people with disabilities expect to be treated like all other event participants.
o It is recommended to include provision to ensure events provide compliant dining/work surfaces, if provided.
o It is recommended to include a provision that event holders should provide maintenance of accessible features including placement of temporary signs/trash receptacles/and other portable amenities to not obstruct required clearances, and that cords, wires, hoses, etc, be covered with ADA compliant cable ramps.
o It is recommended that special events and temporary event permit application require applicants to submit a site plan showing all ADA elements such as accessible parking, compliant portable and/or permanent restrooms, accessible paths of travel to all amenities including temporary amenities, accessible seating, ramps, etc. The ADA Coordinator shall review the site plan for ADA compliance.
Develop written policies and procedures regarding the use of mobility devices. Post the policy on the City’s Website and at main facilities. The policy shall:
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o Permit individuals with mobility disabilities to use wheelchairs and manually powered mobility devices (Walkers, crutches, canes, braces, or other similar devices)
o Permit the use of power-driven mobility devices by individuals with mobility disabilities, unless the City can demonstrate that the class of power-driven mobility devices cannot be operated with legitimate safety requirements.
o Shall not allow staff to ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual’s disability.
o Allow staff to ask a person using an-other power-driven mobility device to provide credible assurance that the mobility device is required because of the person’s disability. Staff should accept presentation of a State-issued disability parking placard or card, or other State-issued proof of disability as a credible assurance. If a State-issued disability parkin placard or card cannot be provided, staff will accept as credible assurance a verbal representation, unless contradicted by observable fact. This does not mean that a mobility disability must be observable as a condition before allowing the use of an other power-driven mobility device, but rather that if an individual is observed thereafter engaging in a physical activity that is contrary to the nature of the disability, the assurance is no longer credible and the individual may be prevented from using the device.
Develop written policies and procedures regarding the use of service animals. Post the policy on the City’s Website and at main facilities. The policy shall:
o Permit the use of a service animal by an individual with a disability
o Allow staff to remove a service animal if the animal is out of control and the animal’s handler does not take effective action to control it, or if the animal is not housebroken,
o Allow a person with disabilities to the opportunity to participate in the service, program, or activity without the service animals on the premises if the service animal is properly excluded as mentioned above.
o Shall only allow staff to ask:
Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform? Staff shall not make these inquiries when it is apparent that an animal is trained to do work for an individual with a disabilities
o Shall not require documentation, such as proof that the animal has been certified or trained as a service animal.
o Shall not allow staff to ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees.
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o Make reasonable modifications to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
For any activity taking place in a swimming pool, ensure that the pool has a pool lift in accordance with the 2010 ADA Standards for Accessible Design.
Develop written policies and procedures for sports and athletics program operators to ensure accessibility.
Program requirements include but are not limited to equal opportunities for participation, reasonable accommodations, accessible facilities and equipment, staff training and education, as well as integration and inclusion.
All notifications (written/print, website, posters, etc.) should state: “if you need an accommodation in order to participate in this program (wheelchair access, sign language interpreter, written materials in alternate format) please contact…….”
If a program has a fee assigned to it and an individual with a disability requires his own personal assistant to participate, it is advised that the assistant not be charged an admission fee. The City of Eastvale is not required to provide personal assistance for an individual with a disability.
Information about the current accessibility of facilities where programs, services and offices take place needs to be coordinated with the offices who operate the programs and services. If an applicant or participant needs to be accommodated, it may require moving the program to an accessible location or the City of Eastvale employee must meet the resident at an accessible location within the variety of City facilities.
Furniture placement throughout the facilities creates barriers to access. A written policy/procedure regarding the maintenance of accessible feature should be developed and adopted to ensure accessibility of facilities.
6.2 Housing
Requirements:
Residential facilities with residential dwelling units shall comply with Section 233 and with the technical and scoping requirements in Chapters 1 through 10 of the 2010 ADA Standards for Accessible Design. These facilities may also be subject to the requirements of the Fair Housing Act (FHA), Section 504 of the Rehabilitation Act of 1973, as amended and/or The US Department of Housing and Urban Development (HUD).
Findings:
The City of Eastvale does not offer any housing programs or services. The Housing Authority of the County of Riverside provides and advocates for safe, affordable living environments for low income working families, elderly, and disabled residents of Riverside County.
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Recommendations:
No recommendations.
6.3 Personnel and Internal Policies and Procedures
Requirements:
No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.
Findings:
The City of Eastvale has very extensive and thorough policies ranging from administrative, personnel, rules and regulations, and other miscellaneous categories. Key administrative policies reviewed include:
Equal Employment Opportunity: The policy ensures all employees are treated equally and fairly regardless of actual or perceived characteristics or associations. All discrimination is prohibited. Policy Prohibiting Discrimination, Harassment and Retaliation: The policy is thorough and lists all forms of harassment including, harassment and discrimination based upon an applicant or employee’s race, genetic information, religion, creed, color, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, military or veteran status, marital status, pregnancy, reproductive health decision-making, childbirth, breastfeeding, or a related medical condition, age over 40, medical condition, physical or mental disability or any other classification protected under state, federal, or local law.
Disable Applicants and Employees: The policy ensures a commitment to providing equal opportunities for disabled applicants and City employees. The procedure on how to request for reasonable accommodation process is outlined.
Lactation Accommodation: The policy permits employee who need to express breast milk for the employee’s infant child to take a reasonable amount of break time for that purpose. Tabacco, E-Cigarette, Vaping Policy: The policy prohibits the use of tobacco, e-cigarettes, or vape in any City facility or vehicle, or within twenty feet of any City facility, or while on duty in City uniforms. Personnel Records: The policy requires employee medical information and grievances be maintained in a separate confidential file.
Family Care and Medical Leave; Pregnancy Disability Leave; Military Family Leave; New Parent Leave:
The policy provides City employees with family care and medical leave, pregnancy disability leave, and military family leave.
Employee Conduct, Discipline and Disciplinary Appeals: The policy states that City employees may not be suspended, demoted, dismissed, or reduced in pay for disciplinary reasons, without just cause. The policy goes into details the disciplinary procedure.
Drug-and alcohol-Free Workplace: The policy ensures that the City maintain a workplace that is free from the effects of alcohol and drugs.
The City of Eastvale does not have any written policies/procedures on where and how employees can file ADA grievances under Title I of the ADA.
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Recommendations:
Develop written policies/procedures on ADA grievances for employees covered under Title I of the ADA.
Grievance forms are recommended to streamline the process.
6.4 Human Resources: Position Descriptions
Requirements:
Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees and includes State and local governments. No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.
Findings:
Several position descriptions were reviewed.
Administrative Specialist
Associate Engineer
Community Enhancement Officer
Landscape & Facilities Superintendent
Payroll Coordinator
Job descriptions are separated out by essential job functions.
Job descriptions provide a “Physical/Mental Demands” section that specifies approximation of frequency of the work and work condition, but uses words that may exclude individuals with disabilities, such as “climbing, balancing, reaching, sitting, standing, stooping, kneeling, crouching, walking, talking, seeing, hearing, smelling, and utilizing manual dexterity.”
Job descriptions do not include an Equal Employment Opportunity (EEO) statement.
Job descriptions do not provide contact information for accommodation requests.
Job descriptions do not include a disclaimer language to remind employees/applicants that the description is subject to change.
Recommendations:
ADA-compliant words shall be used to describe physical/mental demand. Words that convey the actual requirements of the job shall be used without limiting the physical demands to certain abilities.
o Instead of stand/sit; use remain in stationary position
o Instead of walk, run; use move, traverse
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o instead of use hand/fingers to handle or feel; use operate, activate, use, prepare, inspect, place, detect, diagnose, install/place, remove/replace, adjust, attach, drafts/writes,
o instead of climb (stairs/ladders) or balance; use ascend/descend, work atop, traverse.
o Instead of stoop, kneel, crouch, or crawl; use position self (to), move.
o Instead of talk/hear; use communicate, detect, converse with, discern, convey, express oneself, discuss, exchange information
o Instead of see; use detect, determine, discern, perceive, identify, assess
o Instead of lift, carry weight; use move, transport, position, install
Job descriptions shall add language for reasonable accommodations for specific job requirements. For example, if a job requires moving heavy objects, add “with accommodations upon request” at the end of the statement. It is also best practice to include language, that that’s that “supervisors may assign additional duties or requirements” so applicants know they can safely apply regardless of disability status.
It is recommended that disclaimer language be included in all job descriptions to remind employees/applicants that the description is subject to change.
Provide contact information for accommodation requests during the hiring process.
It is recommended that an Equal Employment Opportunity (EEO) statement be added to all job descriptions.
6.5 ADA Coordinator
Requirements:
Title II also requires a designated accessibility coordinator to ensure the resolution of complaints and by inference, an employee or employees who will coordinate removal of barriers. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it, alleging its noncompliance with this part, or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.
Findings:
The City of Eastvale has an ADA Coordinator who investigates all complaints alleging that the government does not comply with the ADA.
The City of Eastvale does not make the name of the ADA coordinator available on their website in a conspicuous location. The name of the ADA Coordinator is only provided on the ADA Public Notice and ADA Grievance Procedure.
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All the roles and responsibilities of the ADA Coordinator are not provided.
A standardized investigation into all complaints is not provided.
Recommendations:
It is recommended that the name, office address and telephone number of the designated ADA Coordinator be posted on the City’s website in a prominent web page and on all accessibility related documents. The contact information shall be updated as necessary.
All the roles of the ADA Coordinator should be established to ensure the City of Eastvale complies with the requirements of the ADA. See Appendix B.
Establish written procedures to standardize investigation into all complaints.
Establish person responsible when the ADA coordinator is not available.
6.6 Notice of the ADA’s Provisions
Requirements:
An ADA Public Notice is required by all state and local governments covered by Title II, even entities with less than 50 employees. The target audience for the notice includes everyone who interacts with or would potentially interact with the Title II entity. The notice should include relevant information regarding Title II of the ADA, and how it applies to programs, services, activities of the public entity, and the contact information of the ADA Coordinator. The head of the public entity shall determine the most effective way of providing the public notice and provide the information on an ongoing basis. Information must be accessible to all and available in alternative formats (recording, radio announcement, large print, Braille, HTML format)
Findings:
The City of Eastvale adopts an ADA public notice to inform the public of their rights under the ADA and posts the notice on their website. See Appendix C for the City’s ADA public notice.
Recommendations:
Develop written procedures to inform the public of their rights under the ADA. Consider providing the notice with job applications, posting the notice at all facilities, and including it in program handbooks and activities schedule.
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6.7 Grievance Procedures
Requirements:
Title II of the Americans with Disabilities Act (ADA) requires government entities to establish a complaint procedure for both the public and employees. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by the ADA. The complaint procedure must include an accessible method of filing an accessibility complaint, such as a grievance procedure and grievance form posted on the city website.
Findings:
The City of Eastvale adopts an ADA grievance procedure similar to the DOJ’s recommendation. See Appendix D for the City’s grievance procedure.
The grievance procedure and grievance complaint form are posted on the City’s website. See Appendix E for the City’s complaint form.
Appeal forms were not provided.
Recommendations:
Establish a written policy to update procedure and contact information as necessary and to provide the grievance procedure in alternate formats.
Post grievance procedure in public spaces at all City buildings.
Develop appeal forms to streamline the appeals process.
Distribute grievance procedures to all department heads.
6.8 General Effective Communications
Requirements:
Title II of the ADA requires that all state and local government take steps to ensure their communications with people with disabilities are as effective as communications with others. This requirement is referred to as “effective communication” and is required except where a state or local government can show that providing effective communication would fundamentally alter the nature of the service or program in question or would result in an undue financial and administrative burden. Effective communication applies to all members of the public with a disability, including job applicants, program participants, people who contact the state or local government seeking information about programs, services, or activities.
Findings:
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The City of Eastvale does not have employees who are qualified interpreters and does not have arrangements with one or more vendors to provide interpreting services when needed.
The City of Eastvale does not have a written policy or procedure to deal with requests from the general public for documents in Braille, large print, audio, recording, and accessible electronic format.
The City of Eastvale does not have a written policy or procedure to deal with requests from the general public for notetakers, computer-assisted real- time transcription services, and other auxiliary aids.
The City of Eastvale does not have equipment or arrangements with vendors to provide written materials in alternative formats.
The City of Eastvale does not have a dedicated text telephone number for the public for all departments.
Recommendations:
Develop written policy on interpreter including:
o the time required to obtain interpreter. Interpreters should be able to be obtained in a short period of time. In an emergency, sign language interpreter should be available in person or video relay system within an hour of receiving the request. In non-emergency situations, sign language interpreter should be made available within a reasonable advance notice.
o a statement that a family member or companion of deaf persons shall not be requested to serve as sign language interpreter.
o a statement that a person with a hearing impairment shall not be charged for the cost of the interpreter
o a statement of when a request for an interpreter is deny based on undue financial and administrative burden and that the individual with a disability will receive the benefits or services provided
Make arrangements with vendors so interpreters are available when needed.
Develop written policies and procedures to provide auxiliary aids and services.
Train employees so they know the policies and appropriate procedures to follow when they receive a request for interpreter or auxiliary aids.
Make policy and procedures on the provision of interpreters/auxiliary aids available to employees in all departments who face the public.
Make arrangements with vendors to provide written materials in alternate formats (e.g., Braille large print, audio format, electronic format).
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Publish the City’s effective communication policy on the City’s website in an accessible format.
Solicit feedback from the community who have different disabilities on the effectiveness of the communication policy.
Where the City of Eastvale communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.
Provide written policies and training to employees who answer telephone calls to ensure calls made through a relay service are handled as quickly and effectively as other calls.
6.9 9-1-1 and Emergency Communication Services
Requirements:
The ADA requires that all Public Safety Answering Points (PSAPs) provide direct and equal access to their services for people with disabilities who use teletypewriters (TTYs). PSAPs must directly receive TTY calls without relying on an outside relay service or third-party services. Telephone emergency services provided for TTY users must be as effective as those provided for people who make voice calls. All basic emergency services provided by public safety agencies are covered, including police, fire, and ambulance services. Direct, equal access must be provided to all services included in the system.
Findings:
The City of Eastvale provides TTY or TTY-compatible equipment at all emergency communication positions and procedures to maintain the equipment.
The City of Eastvale has written policy and procedures to ensure TTY users with equal access to other users including equal response time, quality of service, and hours of operations.
The City of Eastvale has written policy and procedures to ensure call takers respond to silent calls by querying the line with TTY.
The City of Eastvale has written policy to make TTY training mandatory and provides refresher training every 6 months.
The City of Eastvale has written policy and procedure to test their emergency services to ensure equal access for people using TTY.
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Recommendations:
Conduct unannounced tests to all call-taking positions using both silent, open line calls and calls transmitting TTY tones. Keep record of results of all test calls including date and time of each call, identification of the call-taking position, whether the call was silent or transmitted tones, whether the caller received a TTY response and the content of the response, the time elapsed and the number of rings from the initiation of the TTY call until the call taker response by TTY, and whether the call was processed according to the City’s standard operating procedures.
6.10 Website Accessibility
Requirements:
The Department of Justice (DOJ) has stated, as they have in the past with other elements, spaces, or technologies for which there are no technical accessibility specifications, that the absence of a technical standard does not “serve as a basis for noncompliance” with the ADA’s general obligation to ensure equal access to goods and services; rather, it means that entities have flexibility in how to facilitate that access. There are standards and guidelines that can help web developers create and maintain accessible websites. For example, the Web Content Accessibility Guidelines (WCAG) developed by the global Web Accessibility Initiative (WAI), which is part of the World Wide Web Consortium, the main international standards organization for the Internet, have long been available, and DOJ has often referred to these guidelines as a way of measuring the accessibility of websites.
Findings:
The City of Eastvale has performed an extensive analysis of the City’s website for accessibility.
The City of Eastvale has not adopted a web accessibility policy.
The City of Eastvale does not invite people with disabilities to test the City’s webpages.
Recommendations:
A thorough review for ADA compliance has been performed. Results can be found in Appendix F.
Establish and adopt a written policy that the City’s webpages will be accessible and create a process for implementation. Make the policy public by posting it on the City’s webpage.
Develop a plan for making the City’s existing web content accessible. Include specific steps and time frames and standards or guidelines that are being used. Post the plan on the City’s webpage that can be easily accessed from the home page.
Provide a way for visitors to request accessible information or services or provide feedback on accessibility issues by posting a telephone number and email address. Ensure procedures to assure a quick response. 135
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Ensure staff/contractors involved with adding content to webpages are trained in the City’s web accessibility policy. It is recommended that in-house staff and contractor staff receive copies of the Department of Justice’s technical assistance document “Accessibility of State and Local government Websites to People with Disabilities” provided in Appendix G.
Periodically invite people with a variety of disabilities to test the City’s webpages for accessibility and ease of use.
6.11 Curb Ramps and Pedestrian Crossing
Requirements:
Title II of the ADA requires State and local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps. This requirement applies if your state or local government has responsibility or authority over highways, streets, roads, pedestrian crossing, or walkways. Some public entities have extensive responsibilities for the street, roads, sidewalk, and pedestrian crossing in their area, but most public entities have limited responsibility for them.
Findings:
The City of Eastvale has adopted Riverside County’s Road Standards and County Standard Specifications pertaining to sidewalks and curb ramps. The adopted standards meet or exceed the requirements of the ADA and PROWAG (Public Right-of-Way Accessibility Guidelines).
The City of Eastvale does not have written procedures used to evaluate requests for installation of, or modification to, curb ramps.
Recommendations:
Periodically review the City’s standardized design for compliance with the 2010 ADA Standards for Accessible Design, the Access Board’s Public Right-of-Way Guidelines, and the most current version of the California Building Code. Make changes as necessary.
Provide a curb ramp request/modification form on the City’s website.
6.12 Emergency Management
Requirements:
One of the primary responsibilities of state and local governments is to protect residents and visitors from harm, including assistance in preparing for, responding to, and recovering from emergencies and disasters. State and local governments must comply with Title II of the ADA in the emergency- and disaster-related programs, services, and activities they provide. This requirement applies to programs, services, and activities provided 136
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directly by state and local governments as well as those provided through third parties, such as the American Red Cross, private nonprofit organizations, and religious entities. Under Title II of the ADA, emergency programs, services, activities, and facilities must be accessible to people with disabilities and generally may not use eligibility criteria that screen out or tend to screen out people with disabilities. The ADA also requires making reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination against a person with a disability and taking the steps necessary to ensure effective communication with people with disabilities. The ADA generally does not require state or local emergency management programs to take actions that would fundamentally alter the nature of a program, service, or activity or impose undue financial and administrative burdens.
Findings:
The City of Eastvale has agreements with third party organizations to help with emergency management, but the agreement does not address ADA requirements.
The City of Eastvale does not have an Emergency Management Plan but is in the process of developing a plan.
Recommendations:
Ensure third party organizations contracted or arranged to help with emergency preparedness or management commit to compliance with the requirements of Title II of the ADA in formalized agreements.
Consider the recommendations below when developing the City’s Emergency Management Plan
o Perform outreach to determine the extent people with disabilities will need individualized notification, evacuation assistance, and/or transportation.
o Plan and acquire the resources you will use to meet the needs of individuals with disabilities.
Include written procedures to ensure the use of a combination of methods to provide prompt notification of emergencies to persons who are deaf or hard of hearing.
Identify accessible transportation resources that will be available to evacuate persons with mobility disabilities, including people who use wheelchairs or scooters, medical equipment such as oxygen tanks, or service animals.
o Adopt policies to ensure people with disabilities, including those who have mobility, vision, hearing, cognitive, and psychiatric disabilities, can safely self-evacuate or be evacuated by others.
o Consider creating a voluntary registry, including outreach to people with disabilities, and organizations with expertise on disability issues. Outreach should explain the purpose of the registries and emphasis that the registry is voluntary and guarantee confidential.
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o Adopt written policies and procedures to ensure that people with disabilities are to be evacuated and transported to shelters together with their families and are not separated from their service animals during evacuation and transportation.
o Ensure that all those involved in emergency management are trained in the requirements of Title II of the ADA. Develop instructions for staff and volunteers who will perform duties during the emergency process, such as notifying, evacuating, transporting, routing people with disabilities and their families to, and placement in shelters.
o Develop site-specific instructions and training materials for “mass care”, “medical”, and “special needs” shelter volunteers and staff to ensure ADA compliance.
o Train staff and volunteers on procedures to follow when issues arise regarding disability, such as contacting the ADA coordinator or ADA incident manager on site.
o Establish policies and procedures to ensure facilities considered as possible emergency shelters are surveyed and that barriers to access are removed before facilities are designated as emergency shelters
o Adopt procedures to ensure staff and volunteers maintain the accessible features on site including limited protruding hazards and beds and furniture placements from reducing required clearances of accessible routes.
o Adopt procedures for staff and volunteers to offer wayfinding to people who are blind or have low vision to orient themselves to all amenities in the shelter and providing informational materials in alternative formats (Braille, Large Print), or provide assistance by reading and completing forms and other written materials that are not available in alternate format.
o Adopt policies to ensure any facility used as an emergency shelter is surveyed for barriers to accessibility and that the barriers are removed before being considered a shelter.
o Adopt procedures to provide effective communication for people who are deaf or have low vision.
o If space allows, offer low-stimulation “stress-relief zones”. Adopt policies and procedures to give priority to people whose disabilities are aggravated by stress.
o Adopt policies to provide TTYs at all emergency shelters.
o Adopt “service animal” policies and procedures to allow people with disabilities to stay with their service animals and participate in all emergency services. Food, water, and waste disposal shall be provided. Allow people with disabilities to take their animals outside for relief without unnecessary delays for screening upon re-entry.
o Ensure shelters have back-up generators and a way to keep medication refrigerated. These shelters shall give priority to people whose disabilities require access to electricity and refrigeration. Routinely notify the public about the location of shelters with these features. o Establish policies and procedures that provide electricity to people who need electricity for life- sustaining equipment and that priority access be given to them. Where feasible, priority shall also be given to people who rely on electrically powered mobility devices. 138
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o Adopt kitchen-access polices to allow residents and volunteers, whose disabilities may require it, to obtain immediate access to food and refrigerated medication. In planning, ensure that at least some kinds of foods and beverages are available for people with dietary restrictions such as people with diabetes or food allergies.
o Establish policies and procedures to ensure medical, social service, and other benefit programs to assist people harmed by emergencies and disasters. are accessible to people with disabilities.
o Seek and use input from people with different types of disabilities and organizations with expertise on disabilities issues regarding all phases of the emergency management plan.
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7 . S E L F - E V A L U A T I O N : F A C I L I T Y a n d P R O W A S S E S S M E N T S A public entity shall evaluate all existing programs and facilities to ensure they are readily available to and usable by people with disabilities. This includes removing physical/structural barriers to accessibility at buildings, parks, and public right-of-way pedestrian facilities. Assessments were completed not only for buildings and facilities that were existing prior to the enforcement date of January 16, 1992, but also buildings and facilities that were constructed or altered after this date. These new programs and facilities were required to comply with the standards at the time of construction or alteration, however, the City selected to survey these facilities to note any existing deficiencies to be able to take corrective action and to ensure regulatory compliance. Physical/structural barrier to accessibility from the facility assessments will be scheduled for barrier removal into the City’s Transition Plan.
7.1 City Facilities
The table below lists the locations of all city buildings where programs, services, and activities are provided by the City of Eastvale.
FACILITY AMENITIES ADDRESS
Citrus Property
Parking, Walkways, Restrooms, Event
Rental Space, Special Events, Community
Services Department, Finance
Department, Public Works Department 13200 Citrus Street, Eastvale, CA 92880 City Hall
Parking, City Attorney/Council/Manager,
Planning/Public Safety Commissions,
Community Development Department,
Communications Division, Community
Safety Department, 12363 Limonite Avenue, Eastvale, CA 91752 Fire Station 27 Fire Services, Tours 14491 Chandler Street, Eastvale, CA 92880 Fire Station 31 Fire Services, Tours 7067 Hamner Avenue, Eastvale, CA 92880
The scope of the individual assessments comprised of the exterior features/amenities of the site and the interior of the buildings on site. Exterior elements assessed include accessible parking and exterior accessible pedestrian paths of travel to and from all amenities and features provided at each site. Interior spaces consist of the common corridors, public restrooms, conference rooms, offices, and other interior elements along the common path of travel, such as water fountains.
Between January 9 - 11, 2024, a Bureau Veritas Subject Matter Expert visited each property within the City of Eastvale to evaluate the facilities in accordance with the ADA and State of California Building Code and assess the existing property improvements’ compliance with the Title II provisions of the Americans with Disabilities Act (ADA) and applicable state requirements.
The field observer conducted a thorough review of the facility to observe and identify barriers to accessibility and formulate recommendations to remedy the physical barriers. As a part of the review, the field observer met with a property representative with specific knowledge of the facility to gain a clear understanding of overall features, public use patterns, and relevant historical data. All features of the property are subject to observation, which includes but is not limited to parking lots, sidewalks, access ramps, and all common areas accessible to the public, as well as employee areas.
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During the site walk-through, the field observer followed a Survey Form that meets or exceeds the current ADAAG format and utilized a digital level, measuring tape, pressure gauge, and digital camera. The field observer identified and prioritized any existing improvements not in accordance with the applicable ADA requirements in the order of preference as set out by the DOJ in general categories and refined by Bureau Veritas.
The Bureau Veritas team assessed exterior and interior in order to identify existing conditions that are not in accordance with the applicable regulations. Examples of elements required to be accessible are:
Parking- adequacy as to automobile number, van accessible number, signage, and markings Parking and passenger loading zones
Accessible routes: sidewalks and paths, interior routes Space allowance and ranges
Protruding objects
Ground and floor surfaces
Curb and other ramps; size, distance, slope, rails, and surface finishes Exterior and interior common stairs
Platform lifts (wheelchair lifts)
Entrances and exits to common areas and employee areas Handrails and grab bars
Alarms (visual and audible) and warnings
Signage, Braille, and visual
Switches and outlets
Individual assessment reports for each property surveyed included:
Summary of Findings for all amenity features (parking stalls, curb ramps, paths of travel, etc.) Individually recorded barriers
Digital photos of observed deficiencies and representative photos of elements observed to be in compliance Geocode GPS references for the location of observed deficiencies Applicable ADA and State of California regulatory references Recommendations for viable corrective measures necessary to comply with regulations Planning level cost estimates for each barrier
Assessment results were tabulated into an ADA database using AssetCALC™, an online interactive database created by Bureau Veritas to manage ADA and state accessibility code information. The AssetCALC™ asset management database used by Bureau Veritas establishes an online database in www.Assetcalc.net, which is used to compile records of all deficiencies and accessibility barriers, store photos, and documents related to the individual facilities, and create reports. AssetCALC™ provides the ability to list, prioritize, query, and track accessibility barrier removals. Cost data in the database is calculated using rounding. Any minor discrepancies in the costs shown in this report are the result of rounding.
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7.2 City PROW Pedestrian Facility
As part of the City of Eastvale’s effort to comply with Title II of the ADA, the City’s pedestrian facilities in the public right-of-way were evaluated for ADA compliance using the proposed PROWAG and applicable state and local accessibility regulations. 2,754 curb ramps, 426 pedestrian signals at signalized crossings, 23 transit stops, and 349.19 miles of sidewalk were assessed for physical barriers to accessibility between March and August of 2024.
The figure below displays areas evaluated as part of the city-owned public right-of-way:
(ArcGIS)
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Sidewalk data was collected using pathVu’s “pathMet” sidewalk profiler, which was developed for sidewalk ADA assessments. pathMet is a manually propelled, multi-sensor, stroller-type profiling tool. It uses GPS and high- resolution cameras, lasers, and sensors to measure ADA compliance of sidewalks including cross slope, running slope, surface roughness, clear width of sidewalks, protruding hazards, and level changes. Deviations from the required ADA standards and other applicable guidelines pertaining to PROW are identified using detailed information on slopes and surface variations. A comprehensive data set has been provided to the City for inclusion into the City’s existing GIS system.
Curb ramps were assessed using pathVU’s “curbMet” assessment tool. Data collected included: running slope, cross slope, width and length dimensions, flare information, the presence of detectable warnings, damages, obstructions, landing slopes, as well as several other attributes. The internal data collection checklist is based on ADA and the California Building Code requirements as well as the Public Right of Way Accessibility Guidelines (PROWAG) recommendations. A comprehensive data set has been provided to the City for inclusion into the City’s existing GIS system.
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7.3 Basis for Probable Costs
The estimates for the repair and capital reserves items noted within this report are summarized in Section 11.2.
Individual observation details for City facilities are provided in Appendix I.
The estimates are based on invoice or bid documents provided either by the Owner/facility and construction costs developed by construction resources such as R.S. Means and Marshall & Swift, Bureau Veritas’ experience with past costs for similar properties, city cost indexes, and assumptions regarding future economic conditions. Typically, barrier removal allowances are based upon the removal of the specific element being evaluated (for example, parking stalls, curb ramps, ramps). Grading plans based on field surveys using land surveyor instrumentation could result in significantly different material quantities and subsequent higher project costs. Bureau Veritas has no control over the final scope of work, pricing methods, and costs associated with a contractor constructing the project. The opinion of probable costs within this report cannot guarantee that the costs will accurately reflect the actual bids for construction.
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8 . C O M P L I A N C E S T R A T E G Y
The proposed strategy for ADA compliance is a multi-phase approach for facility access as well as programmatic access. The goal of this strategy is to ensure that the programs, services, and opportunities offered by the City of Eastvale are accessible to the citizens of the City of Eastvale community, regardless of abilities, yet provide a realistic plan for barrier removal, which is within the fiscal capabilities of the City of Eastvale.
The provision of facility access is proposed to be based on a facility level, with the initial focus on the highest use properties. As its foundation, the proposed strategy is to ensure amenities which are in highest demand are accessible, subject to various limitations such as technically infeasible conditions and undue financial and administrative burdens. The strategy takes into account numerous factors such as population density, usage levels, amenity uniqueness, and other factors. This strategy will enable the best use of available funds to provide the optimal facility access to the City’s programs for all citizens.
Programmatic access will be an ongoing effort. The City of Eastvale will initiate efforts to improve facility access, develop, and expand its review of its many programs with a focus on policy initiatives, inclusion, and reasonable accommodation needs. Not all structural barriers must be removed, as long as the disabled community is accommodated, and the unique programs, facilities, and services of the city are made available for disabled users. Selected recurring amenities will be made barrier-free, so that at least one of each type of amenity is accessible.
The level of funding is expected to continue at the same level going forward. Therefore, the majority of barrier removal is not anticipated to be funded as a separate initiative, but rather as part of larger capital projects. Barrier removal must be accomplished in phases, as funding becomes available.
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9 . P H A S I N G A N D P R I O R I T I E S
9.1 City Facility Phasing and Individual Facility Barrier Priorities Barrier removal of physical/structural barriers to accessibility will not be instantaneous, but rather, it will occur over the course of several years. In order to prioritize barrier removal that will have the most impactful effect, the City of Eastvale has adopted a multi-phase strategy.
With feedback from the public during development of the Transition Plan and according to facility usage levels, priority groupings of facilities were identified to guide the barrier removal work. Facility usage rates were primarily determined by the number of amenities, services, and programs available at a facility and general visual observation by City staff. Phasing plans based on priorities are:
Phase One (Fiscal Years 2024 – 2027) – City Hall, Citrus Property
Phase Two (Fiscal Years 2026 – 2029) – Fire Station 27, Fire Station 31
In addition to barrier removal based on a phasing plan, barrier removal at each individual facility will be prioritized based on a priority level.
The following priority levels have been used to assign priorities to barriers within each property and facility.
Priority 1: Path of Travel-
Accessible Van Parking – Access to a public facility begins with accessible parking. Van accessible parking is deemed the most important barrier. Those with the most severe disabilities tend to require a van accessible space to accommodate their vehicle and mobility device. In addition, when only the minimum number of accessible spaces is required, it must be a van accessible space. This priority includes all barriers associated with the compliance of a van accessible space including signage, restriping, constructing, or reconfiguring the pavement to accommodate the required number of spaces.
Accessible Car Parking – Access to a public facility begins with accessible parking. Car accessible parking is deemed the second most important barrier. This priority includes all barriers associated with the compliance of a van accessible space including signage, restriping, constructing, or reconfiguring the pavement to accommodate the required number of accessible spaces.
Accessible Approach and Entrances – A public agency is required to take measures to provide access to a place of public accommodation and employee areas from public sidewalks, parking, or public transportation. The DOJ dictates the minimum width, cross and running slope, signage, and handrail requirements associated with pedestrian accessible routes of travel. These measures include, for example, installing an entrance ramp, correcting tripping hazards or lessening the slope of a curb ramp. At least one route of travel to each amenity or feature should be safe and accessible for everyone, including people with disabilities.
Priority 2: Elements used for programs, services, and activities- Barriers may include play equipment, picnic tables, public counters, benches, and trash receptacles.
Priority 3: Restrooms, Signage - Barriers may include widening of toilet stalls, installation of grab bars, and lowering lavatories and mirrors.
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Priority 4: Access to Auxiliary Features and Amenities – A public agency is required to take measures to provide access to auxiliary features and amenities along paths of travel, for instance, kiosks, water fountains, and kitchen appliances.
Priority 5: Employee-only Areas- Employee-only areas are required to have accessible entrances and exits, and accessible paths of travel within interior work areas and workstations. Corridors in employee-only areas, employee-only restrooms, employee-only kitchens and employee-only break rooms are considered public areas (rather than employee-only areas) under the ADA, and therefore, are required to fully comply with accessibility regulations governing those types of areas.
Employee areas have been set as the lowest priority, due to the fact that the total estimated cost for barrier removal in public areas is the more pressing need. Barriers in employee areas is also addressed under Title I of the ADA.
Some of the existing accessibility barriers require a minimal amount of effort or expense to remove and are found throughout the system. These types of barrier removals are called “Low Hanging Fruit,” or easy barrier removal. “Low hanging fruit” is defined as accessibility barrier removal which can be incorporated into recurring work being completed on a life cycle basis, and which is relatively low in cost.
9.2 City PROW Barrier Phasing
The City of Eastvale has adopted a 20-year plan to complete barrier remediation for pedestrian facilities within the public right of way (PROW). Barrier remediation has been prioritized into three phases based on the severity and location of the barriers. To provide a method to determine the severity, a sidewalk Route Accessibility Index (RAI) score and a curb ramp score were created and assigned to each sidewalk section and curb ramp. Phasing for barrier removal in the PROW was prioritized using the RAI value and curb ramp score. The estimated fiscal years to remove barriers to accessibility in each phase are summarized below.
Phase 1 – Fiscal Years 2025 – 2030
Phase 2 – Fiscal Years 2028 – 2035
Phase 3 - Fiscal Years 2033 – 2045
The sidewalk RAI scores range from 0 to 100 and are a weighted scale of the vertical level changes, smoothness of the surface, running and cross slopes. A sidewalk section with a score of 0 to 40 is considered inadequate with multiple barriers to access, while a score of 80 - 100 is considered great to good with zero to little barriers to access. For example, a sidewalk section with an RAI of 0 - 40 may be identified with vertical changes in level greater than 1”, cross slopes greater than 6.0%, and a rough surface with multiple cracks. The purpose of the RAI is to provide a weighted usability average to each segment of sidewalk. The RAI can be adjusted based on City of Eastvale’s needs. The current weights are set at 40% level changes, 15% roughness, 40% cross slope, and 5% running slopes.
Similarly, the curb ramp score (with a range of 0-10) is a weighted calculation of the various measured attributes including cross slopes, running slopes, flare slopes, landing slopes, clear width, obstructions, and the presence of detectible warnings. It is intended only to provide a general usability rating (0 - 4 being missing / poor, and 8 - 10 being fully or nearly fully compliant), and can be adjusted based on the City of Eastvale’s needs.
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In addition, criteria for removal of barriers in the right-of-way also include the following:
• Priority 1: Locations of citizen complaint or request (ADA Title II program access), • Priority 2: Locations serving government offices and public facilities, • Priority 3: Locations serving transportation,
• Priority 4: Locations serving commercial districts and employers; and • Priority 5: Residential areas
For example, a Phase 1 curb ramp serving an area with government offices and public facilities will take priority over a Phase 1 curb ramp serving a transportation area and so forth. Citizen’s complaint or request will take priority above all else.
In conjunction with the City’s 2040 General Plan, the City of Eastvale has identified several priority areas surrounding frequently accessed public buildings, schools, parks, and retail areas. Sidewalk, curb ramp, transit stop, and pedestrian signal barriers have been identified within these areas and a budgetary cost to remove them has been established.
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9.3 Priority Areas: Public Facilities, Parks, Schools, Commercial / Retail
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9.4 Priority Areas: Public Transportation
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1 0 . C I T Y O F E A S T V A L E F U N D I N G L E V E L S The total amount of revenue in the 2023 -2024 budget was approximately $92 million. The majority of the funds are allocated to expenses not related to physical facility improvements, such as wages, insurance, equipment, and other program expenses. The existing revenue level is not anticipated to increase significantly in the future.
The City of Eastvale generates its funding from several sources:
Property and Sale Taxes
Motor Vehicle and License Fees
Franchise Fees
License and Permit Fees
Gas Tax
Measure A
Grants
The Capital Improvement Plan proposed budget for 2023-2024 fiscal year is approximately $58.1 million and a total of approximately $82.4 million through 2027-2028. The City has also allocated $250k per year to address necessary accessibility upgrades and repairs.
Based on the information above, the annual funding level for barrier removal can be no greater than the funds allocated for Capital Projects and ADA repairs at a maximum, although some barriers may be removed through maintenance project funds, such as “low hanging fruit”.
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1 1 . T R A N S I T I O N P L A N C O M P O N E N T S
11.1 Overview
The 2024 Transition Plan is a snapshot in time to evaluate and prioritize accessibility barrier removal throughout the City of Eastvale system. The Transition Plan will be a living document and not a static view of the existing state of ADA compliance at the City of Eastvale. As such, it can be modified and updated on a periodic basis to reflect barrier removal efforts, changes in economic conditions, new and revised strategies, and reflect future public input.
The Transition Plan is a flexible document, as strategies, priorities, and funding opportunities change. The City of Eastvale demographics may vary from the current demographic composition of Riverside County. Public preferences for recreational types may change, while funding priorities and funding levels may change as well.
The Transition Plan will require modification as conditions and priorities are changed, new ADA requirements are issued by the DOJ, and/or unanticipated policy, or fiscal needs occur.
As the ADA Coordinator for the City of Eastvale, Maricela Mejia is responsible for implementing and updating the City of Eastvale Transition Plan. At a minimum of at least once a year, the Transition Plan should be updated, noting the barriers removed and any changes to the funding noted. Maricela Mejia can be reached by email at [email protected], by phone at (951) 361-0900, or in person at 12363 Limonite Avenue, Suite 910, Eastvale, California 91752.
11.2 Barriers Summary
The removal of all identified physical accessibility barriers for buildings and pedestrian facilities in the public right- of-way (PROW) in the City of Eastvale system is estimated to cost $148,341,686. The existing barrier planning level cost estimate totals are summarized in table below:
Facility Type Estimated Cost
Buildings $458,471
PROW $147,883,215
Total $148,341,686
For the accessibility summaries of individual buildings, see Appendix H.
11.3 Buildings - Barrier Removal Strategy
The City of Eastvale has adopted a multi-phase strategy using the ranking criteria of facility usage levels to determine the phases for barrier removal. The long-term goal is to make all unique amenities and at least one of each type of recurring amenity accessible. In order to meet the programmatic requirement for accessibility of programs, services, and activities to individuals with disabilities by local agencies, the City will make accommodations upon request. For further explanation of the obligations of a public agency, see Appendix A. 152
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The planning level cost estimates for each phase are summarized below:
Facility / Building Total
Est. Cost Items
Phase One (Fiscal Years 2024 – 2029)
Citrus Property $358,001 108
City Hall $31,851 56
Total Phase One $389,851 164
Phase Two (Fiscal Years 2028 – 2031)
Fire Station 27 $42,905 30
Fire Station 31 $25,714 21
Total Phase Two $68,619 51
Grand Total $458,471 215
See Appendix I for the full listing of barriers in each phase.
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11.4 PROW - Sidewalk Barrier Removal Summary
The data collected on this assessment was in continuous block runs of sidewalks. The data was captured into 10-foot run sections, so as not to degrade an entire block for one 10 or 20 linear foot issue. Each 10- foot run segment provides an aggregated score of the roughness and the extreme value of vertical level changes, slope, or gap. The GIS data provided to the City is capable of being viewed in both “ block-level” runs and 10-foot run sections.
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Based on the onsite review, Bureau Veritas found that barriers to accessibility exist within the city sidewalks. The observed elements were analyzed using the Access Board’s proposed Public Rights-of- Way Accessibility Guidelines (PROWAG) and the California Building Code.
The following table summarizes the sidewalk barriers that were identified including remediation method and cost and their priorities based on their RAI score.
EASTVALE, CALIFORNIA - SIDEWALK ACCESSIBILITY SUMMARY
Metric Phase 1 10' Seg Phase 2 10'Seg Phase 3 10' Seg Lifecycle Replacement 10'Seg
Vertical
Changes 1" Plus 152 0.5" to
1" 730 0.25" to
0.5" 20,309 <0.25" 163,183
Running
Slope N/A - > 8.3% 2,292 5%-
8.3% 23,601 < 5% 158,401
Cross
Slope > 5.0% 29,704 3.0% to
5.0% 27,017 2.08%
to 3.0% 45,004 < 2.08% 82,649
Roughness > 100 532 75 to
100 1,238 50 to
75 2,456 < 50 180,148
Total 10-Foot Segments = 184,734
* Running Slope is currently an issue with ADA. Running Slope issues have been addressed in the 2022 CBC and the US Access Board has published their final rule for the Public Right of Way Accessibility Guidelines (PROWAG).Both of these rules allow for the sidewalk running slope to match the running slope of the adjacent street. No costs were associated with the running slope barriers as they should come into compliance when the DOJ and DOT adopt the rule.
EASTVALE, CALIFORNIA - SIDEWALK PHASING BY RAI
Metric Phase 1 10' Seg Phase 2 10'Seg Phase 3 10' Seg Lifecycle Replacement 10'Seg
Route
Accessibility
Index (RAI)
0 - 40 54 40-80 32,613 80-99 69,342 100 82,365
Total 10-Foot Segments = 184,734
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EASTVALE, CALIFORNIA – SIDEWALK REMEDIATION COST BY PHASES Metric Phasing Remediation
Method Cost per section # of 10' sections Remediation Cost Vertical Rise Phase 1 (1” plus) Grinding $115.00 152 $17,480.00 Phase 2 (0.5” – 1”) Grinding $115.00 730 $83,950.00
Phase 3 (0.25” – 0.5”) Grinding $115.00 20,309 $2,335,535.00 Total Cost $2,436,965.00
RAI Score Phase 1 (0-40) Replacement $1,250.00 54 $67,500.00 ($25/s.f.) Phase 2 (40-70) Replacement $1,250.00 32,613 $40,766,250.00 (50 s.f. / section) Phase 3 (70-90) Replacement $1,250.00 69,342 $86,677,500.00 Lifecycle (90-100) Replacement $0.00 82,365 $0.00
Total Cost $127,511,250.00
Totals Phase 1 $84,980.00
Phase 2 $40,850,200.00
Phase 3 $89,013,035.00
Total Cost $129,948,215.00
Total 10-Foot Segments = 184,734
SUMMARY OF BARRIERS TO ACCESS – SIDEWALKS
349.19 miles of sidewalk were assessed
156 (44.7%) miles of sidewalk are nearly compliant or compliant 192.7 miles (55.2%) of sidewalk had cross slopes greater than the maximum of 2.08% 0.4 miles of sidewalk were identified with cracks and concrete deterioration. 21,191 instances where vertical change in level was greater than the allowable ¼” 300 instances where the vertical clearance was reduced to less than 80” by overhanging vegetation or other objects.
964 instances were overgrown vegetation reduced the sidewalk clear width to less than the minimum of 48”.
23 instances where utility pole, natural barrier, or other object reduces the sidewalk clear width to less than the minimum of 36” in the case where a 48” sidewalk cannot be achieved due to unreasonable hardship.
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11.5 PROW - Curb Ramp Barrier Removal Summary
Based on the onsite review, Bureau Veritas found that barriers to accessibility exist within the City’s curb ramp inventory. The observed elements were analyzed using the Access Board’s proposed Public Rights-of-Way Accessibility Guidelines (PROWAG) and the California Building Code.
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The following table summarizes the curb ramp barriers that were identified, including remediation method and cost, and their priorities based on the curb ramp score.
EASTVALE, CALIFORNIA – CURB RAMP ACCESSIBILITY SUMMARY
Metric As-Builts Ramps As-Builts Ramps As-Builts Ramps As-Builts Ramps Running
Slope > 9% 139 8.6% - 9% 106 8.4% -
8.6% 134 <8.3% 2,292
Cross
Slope > 5.0% 26 3% - 5% 164 2.08% -
3% 242 <2.08% 2,239
Width < 32” 5 32” – 36” 2 36” - 48” 314 >48” 2,350
Landing
Slope > 5.0% 47 3% - 5% 342 2.08% -
3% 599 <2.08% 1,689
EASTVALE, CALIFORNIA – CURB RAMP PHASING BY SCORE
Metric Phase 1 Ramps Phase 2 Ramps Phase 3 Ramps Lifecycle Replacement Ramps
Curb Ramp
Score 0 - 4 9 5-7 670 8-9 1,605 10 470
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EASTVALE, CALIFORNIA – CURB RAMP REMEDIATION COST BY PHASES Metric Priority Remediation
Method
Cost per
Ramp # of Ramps Remediation Cost
Curb Ramp
Score Phase 1 (0-4) Install
New/Replacement $7,500.00 9 $67,500.00
Phase 2 (5-7) Replacement $7,500.00 670 $5,025,000.00
Phase 3 (8-9) Replacement $7,500.00 1,605 $12,037,500.00 Lifecyle
Replacement (10)* Replacement $0.00 470 $0.00
Total Cost $17,130,000.00
*Curb ramps with a score of 10 are compliant or nearly compliant. Replacement costs are not shown, and the ramps are recommended for future lifecycle replacement.
SUMMARY OF BARRIERS TO ACCESS – CURB RAMPS
2,754 curb ramps were assessed (including 4 missing, 9 cut-throughs, 70 blended transitions) 902 (33.77%) curb ramps were nearly compliant or compliant. 379 (14.2%) curb ramps had running slopes greater than the maximum allowed of 8.33% 432 (16.17%) curb ramps had cross slopes greater than the maximum allowed of 2.08% 321 (12%) curb ramps had clear width less than the minimum of 48” 988 (37%) curb ramps had top landing slopes exceeding the maximum of 2.08% 998 (37.4%) curb ramps were missing detectable warnings. 4 instances where curb ramps were not provided where they were required.
See Appendix J for the full listing of curb ramps in each phase.
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11.6 PROW – Bus (Transit) Stops Barrier Removal Summary Based on the onsite review, Bureau Veritas found that barriers to accessibility exist within the City’s bus stop inventory. The observed elements were analyzed using the Access Board’s proposed Public Rights-of-Way Accessibility Guidelines (PROWAG) and California Building Code (CBC).
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The following table summarizes the bus stop barriers that were identified including remediation method.
EASTVALE, CALIFORNIA – BUS STOP ACCESSIBILITY SUMMARY
Metric Phase 1 Bus Stops Phase 2 Bus Stops Phase 3 Bus Stops Boarding/Alighting
Depth - - - - <96” 20
Boarding/Alighting
Slope >5.0% 0 3.0% - 5.0% 2 2.08% -
3.0% 5
Shelter Wheelchair
Space Length > 32” 0 32”<36” 0 36”<48” 1
Shelter Wheelchair
Space Slope > 5.0% 0 3% - 5% 0 2.08% -
3.0% 1
EASTVALE, CALIFORNIA – BUS STOP BARRIER REMDIATION COST ESTIMATE Metric Remediation
Method
Cost per Bus
Stop # of Bus Stops Remediation Cost
Bus Stop Replacement $8,000.00 20 $160,000
SUMMARY OF BARRIERS TO ACCESS – BUS STOPS
23 bus stops were assessed.
3 bus stops were nearly compliant or compliant.
20 (87%) bus stops have a boarding/alighting space less than 60” wide x 96” deep. 2 (8.7%) bus stops do not have a boarding/alighting space. 1 (4.3%) bus stops lacked a 30” x 48” space with less than 2.08% cross slope adjacent to the bench within the bus shelter. 4 bus shelters were provided.
See Appendix K for the full listing of barriers by location.
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11.7 PROW – Pedestrian Signals Barrier Removal Summary
Based on the onsite review, Bureau Veritas found that barriers to accessibility exist within the City’s pedestrian signal and accessible pedestrian signals (APS) inventory. The observed elements were analyzed using the Access Board’s revised draft guidelines for Accessible Public Rights-of-Way (PROWAG) and the California Building Code.
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The following table summarizes the pedestrian signal barriers that were identified including remediation method and cost and their priorities.
EASTVALE, CALIFORNIA – PEDESTIRAN SIGNALS ACCESSIBILITY SUMMARY
EASTVALE, CALIFORNIA – PEDESTRIAN SIGNALS PRIORITIZATION Metric Priority Remediation
Method
Cost per
Pedestrian
Signals
# of Pedestrian
Signals Remediation Cost
Pedestrian Signals Phase 1 Install New $2,500.00 0 $0.00 Clear Space /
Countdown timers Phase 2 Replacement $2,500.00 166 $415,000.00 Audible Tone /
Vibrotactile control Phase 3 Replacement $2,500.00 173 $432,500.00
Total Cost $847,500.00
Metric Phase 1 # of APS Phase 2 # of APS Phase 3 # of APS Does the Signal Head
Exist? No 0 - - - -
Does an APS (push
button) Exist? No 0 - - - -
Does the APS have a
compliant clear floor
space?
- - No 124
Do Signal Heads have
a Countdown Timer? - - No 42 - -
Does the APS have an
Audible Tone? - - - - No 24
Does the APS have a
vibrotactile button? - - - - No 171
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SUMMARY OF BARRIERS TO ACCESS – PEDESTRIAN SIGNALS
426 pedestrian signals were assessed.
124 (29%) pedestrian signals do not have a 30” x 48” level and clear ground space adjacent to the button. 42 (9.8%) pedestrian signals are missing an interval countdown display to inform pedestrians of the number of seconds remaining in the pedestrian change interval 24 (5.6%) pedestrian signals are missing an audible notification informing pedestrians where the push button is located and when it is safe to cross.
171 (40.1%) pedestrian signals do not have a vibrotactile push button.
See Appendix L for the full listing of barriers by location.
11.8 Schedule and Timeline
The establishment of planned phases for barrier removal is determined by the criteria adopted by the City of Eastvale, the regulations of the Americans with Disabilities Act, and by the necessity to schedule barrier removals within an established framework. The timing of the completion of each phase of barrier removal is subject to a number of factors. The framework timeline will be determined by the following factors, as well as potential unknown additional factors, which will determine any changes to and specificity of the Transition Plan, which may be required in future years:
Funding sources and funding timelines
Level of ADA barrier removal, with the highest ranking given to the highest use areas Opportunity to combine ADA barrier removal with scheduled capital improvements, such as playground replacements, parking lot renovations, restroom repairs or park reconstruction Development of a work program to eliminate “low hanging fruit” (easily removed barriers) Realistic time frame for accomplishment based on fiscal capability Demographic distributions
Input from the community
Public citizen grievances/complaints
Planning level estimated values for barrier removal will change over time due to inflation, changes in construction practices and materials, and unanticipated changes or additions to accessibility regulations. It is expected that the total cost of required accessibility barrier removal will change over time due to the completion of individual barrier removal efforts and due to funding of capital projects which incorporate barrier removal in the immediate and distant future.
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1 2 . A P P E N D I C E S
APPENDIX A: ADA TITLE II REQUIREMENTS
APPENDIX B: ACCESIBILITY SURVEY RESULTS
APPENDIX C: CITY OF EASTVALE ADA PUBLIC NOTICE
APPENDIX D: CITY OF EASTVALE ADA GRIEVANCE PROCEDURE
APPENDIX E: CITY OF EASTVALE ADA GRIEVANCE COMPLAINT FORM APPENDIX F: WEBSITE ACCESSIBILITY INSPECTION
APPENDIX G: ACCESSIBILITY OF STATE AND LOCAL GOVERNMENTS WEBSITES TO
PEOPLE WITH DISABILITIES
APPENDIX H: ACCESSIBILITY SUMMARIES BY FACILITY
APPENDIX I: FACILITY BARRIERS BY TRANSITION PHASE
APPENDIX J: CURB RAMPS BY TRANSITION PHASE
APPENDIX K: TRANSIT STOP BARRIERS BY LOCATION
APPENDIX L: PEDESTRIAN SIGNAL BARRIERS BY LOCATION
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APPENDIX A:
ADA TITLE II REQUIREMENTS
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The Americans with Disabilities Act
With the passage of the Americans with Disabilities Act (ADA) in 1990, people with disabilities were, for the first time, assured of access to all programs and services provided by state and local government agencies. Previously, under Section 504 of the Rehabilitation Act of 1973, as amended, only those public entities that receive federal funding were explicitly prohibited from discriminating on the basis of disability. Signed into law by President George H.W on July 26, 1990, Title I, II, and III of the ADA became effective on January 26, 1992. Title IV took effect in 1993.
The Americans with Disabilities Act is divided into five areas, Titles I through V.
Title I - Employment: Title I of the Americans with Disabilities Act prohibits all employers, including government agencies, from discriminatory practices in the hiring, training, advancement, compensation, or discharge of any employee, or in any terms, conditions, and rights of employment.
Title II - Public Services: Title II of the American Disabilities Act, which governs state and local government entities, prohibits all public entities, even those completely independent from federal funding, from discriminating against people with disabilities. Generally, Title II of the ADA prohibits discrimination to services, programs, and activities of public entities on the basis of disability.
Title II I- Public Accommodations and Services by Private Entities: Title III requires places of public accommodation (privately funded and operated facilities) and commercial facilities that serve the public to be accessible to and usable by people with disabilities.
Title IV - Telecommunications: Title IV covers private telecommunication carriers offering services to the public to increase the availability of interstate and intrastate telecommunication relay services to individuals with hearing and speech disabilities.
Title V - Miscellaneous Provisions: Title V contains miscellaneous provisions, including construction standards and practices, provisions for attorneys’ fees, and technical assistance provisions.
Terms such as “Public Entity” and “Governmental Agency” are applicable to Title II entities, which are defined as state and local governments.
The Department of Justice (DOJ) is tasked with the enforcement of the ADA.
Scope of Title II
Title II of the ADA is divided into two subtitles. This discussion focuses only on subtitle A, which is implemented by the DOJ’s Title II regulation at 28 CFR § Part 35. Subtitle B of Title II of the ADA covers public transportation services, programs, and activities of public entities are subject to the regulation of the Department of Transportation (DOT) at 49 CFR Part 37 and are not covered by this part. The DOT’s ADA regulation establishes requirements for construction of transportation facilities and acquisition of vehicles. Matters not covered by subtitle B, such as the provision of auxiliary aids, are covered by subtitle A. Activities that are covered by the DOT’s regulation implementing subtitle B are not required to be included in the self-evaluation required by §35.105. The use of the term “Title II” anywhere in the Self-Evaluation and Transition Plan report refers only to Subtitle A. 28 CFR §35.102 Application
(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities.
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(b) To the extent that public transportation services, programs, and activities of public entities are covered by Subtitle B of Title II (42 U.S.C.12141) of the ADA, they are not subject to the requirements of this part.
The obligation to comply with Title II extends to all public entities, including:
Any state or local government
Any department, agency, special purpose district, or other instrumentality of a state or local government All local agencies, including municipalities, are required to comply with Title II because they are considered “instrumentalities” of the state government. All programs, activities, and services of local government, including municipalities, must be in compliance with Title II. Examples of activities covered include:
The operation of all services and programs offered by the entity; All aspects of the employment relationship; and
Services carried out by contractors.
Title II covers any and all events the local government system offers, for example, any public meetings, entertainment or lecture series, all events offered by the school system including after-school activities and social events, festivals or other special events, and all services provided for the public or staff. Services provided by any private contractors on behalf of the municipal system must also comply fully with relevant provisions of Title II.
Under Title II, a public entity (i.e. governmental agency) shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. The local government may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible.
Public meeting rooms must be accessible to people with disabilities. Buildings where public meetings, services, programs, or activities take place must provide access to telephones and restrooms, if provided, for people with disabilities as well as the general public. When a program, service or activity is scheduled in an inaccessible location and a person with a disability notifies the agency of their desire or need to participate, that program, service, or activity must be moved to an accessible location.
The government must maintain equipment and features of facilities in working order if those features and equipment are required to provide ready access to individuals with disabilities. Isolated or temporary interruptions in access due to maintenance and repair of accessible features are not prohibited. For example, where the governmental agency must provide an accessible route, the route must remain accessible and not blocked by obstacles such as furniture, filing cabinets, or potted plants. An isolated instance of placement of an object on an accessible route, however, would not be a violation if the object is promptly removed. Similarly, accessible doors must be unlocked when the governmental agency’s offices are open for business.
Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. The obligation to ensure that facilities are readily accessible to and usable by individuals with disabilities would be violated if repairs are not made promptly or if improper or inadequate maintenance causes repeated failures.
However, this does not --
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(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;
(2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or
(3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with 35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity.
In summary, Title II requires state, county, and city governments to ensure that all of their programs, services, and activities, when viewed in their entirety, are accessible to people with disabilities. Program access is intended to remove physical barriers to state, county, and city services, programs, and activities, but it generally does not require that a government agency make each facility, or each part of a facility, accessible. For example, all restrooms in a facility may not be accessible. However, signage directing people with disabilities to the accessible features and spaces in a facility, including at least one accessible restroom, should be provided.
Program accessibility may be achieved in a variety of ways. State, county, and city governments may choose to make structural changes to existing facilities to achieve access or can pursue alternatives to structural changes to achieve program accessibility. For example, governments can move public meetings to accessible buildings, or can relocate services for individuals with disabilities to accessible levels or sections of buildings. When choosing between possible methods of program accessibility, governments must give priority to the choices that offer services, programs, and activities in the most integrated setting appropriate. [28 C.F.R. § 35.149, 35.150, 35.151,
35.163]
Definition of Disability
The ADA stipulates a three-pronged definition of disability. Disability is defined as an individual who:
Has a physical or mental impairment that substantially limits one or more major life activities; or Has a record or history of such an impairment; or
Is perceived or regarded as having such an impairment; Major life activities encompass activities such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. [28 CFR § 35.104] Human Resources
The ADA requires equal opportunity for individuals with disabilities in all areas of employment practices, including the application process, interviewing, testing, hiring, job assignment, evaluation, discipline, medical examinations, compensation, promotion, on-the-job training, layoff/recall, termination, leave and benefits such as health insurance. The non-discrimination requirement applies to the hiring process, as well as employees.
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The ADA requires that all employees be provided equal access to benefits, such as health insurance, regardless of disability. However, the regulations also indicate that certain restrictions, such as pre-existing condition waiting periods or caps on particular types of services, such as out-patient physical therapy, are permissible unless proven to be a subterfuge for discrimination.
The ADA requirements for the hiring protocol and all areas of responsibility of the human resources department extend to seasonal workers, workers covered by collective bargaining agreements and works who may be hired through outside agencies. Volunteers, interns, or student teachers who may be placed at an agency program or recruiters are not necessarily defined as government employees.
An important factor in the Self-Evaluation process is the identification of unionized employees and the terms of union agreements. For example, the terms of a collective bargaining agreement may include job restructuring or reassignment requests, which may affect seniority provisions. If the granting of requests would create an undue hardship, the Equal Employment Opportunity Commission (EEOC) has the authority to determine on a case-by- case basis whether the claim of undue hardship is valid.
Employment regulations treat alcohol and drug use differently. Alcoholism is recognized as a disability under the ADA; however, employers do not have to tolerate poor work performance due to alcoholism. If a person with alcoholism is provided only one paid leave for treatment of the alcoholism, while persons with different diseases are provided multiple paid leave, then such a provision is a violation of the ADA.
The ADA does not protect an individual currently engaging in the illegal use of drugs. However, a person with a history of drug addiction who (1) has been successfully rehabilitated or is participating in a drug rehabilitation program and (2) is not engaging in the illegal use of drugs is protected if the person is a qualified individual with a disability. An individual who is erroneously regarded as being a drug addict is also protected. [28 CFR § 35.104, 131]
Communications
People who have disabilities that affect hearing, seeing, speaking, reading, writing, or understanding may use different ways to communicate than people who do not. Governmental agencies are required to take steps to ensure that the agency’s communications with people with disabilities are as effective as communications with others. [28 CFR § 35.160(a)(1)]
This effective communication requirement applies to all members of the public with disabilities, including job applicants, program participants, and even people who simply contact state or local government agencies seeking information about programs, services, events, or activities. The requirement applies to all agencies and to all modes of communication including written, spoken, telecommunications, television, and video. Specifically, where the governmental agency communicates by telephone with applicants and any other person, text phones (TTY’s) or equally effective telecommunications systems are required to be used for individuals who are deaf, hard of hearing, or have speech impairments. [28 CFR § 35.161]
When the government uses an automated-attendant system, including, but not limited to, voice mail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide for real-time communication with individuals using auxiliary aids and services, including TTY’s and all forms of FCC-approved telecommunications relay system, including Internet-based relay systems. [28 CFR § 35.161]
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Under 28 CFR § 35.161, the ADA requires that all Public Safety Answering Points (PSAPs) provide direct and equal access to their services for people with disabilities who use text phones (TTYs). All basic emergency services are included in this requirement. Both primary and secondary PSAPs have the same responsibilities under the ADA. To be in compliance, every call-taking position within the PSAP must have its own TTY or TTY- compatible equipment.
Additionally, telephone emergency services, including 911 services, shall provide direct access to individuals who use telecommunication devices for the deaf (TDD’s) or computer modems. [28 CFR § 35.162]
The governmental agency must provide equal access to the programs, services, and activities available on the agency’s website(s). This can include making websites accessible to people with disabilities or providing an alternative format for people to access the information, programs, and services available through the web. In order to aid development of a government website which is accessible, the web administrator can consult the Web Content Accessibility Guidelines, developed by the Web Content Accessibility Working Group, which is part of the World Wide Web Consortium Web Accessibility Initiative, and available at http://www.w3.org/TR/WCAG20.
When an auxiliary aid or service is requested, the Department must provide an opportunity for the requester to specify aids or services of their choice, and that choice must be given primary consideration. There are many types of auxiliary aids and services that may be used to provide effective communication for people with disabilities, but not all ways work for all people or even for people with the same type of disability. The law does not require the agency to provide every one of these aids and services, but it does require that each person who interacts with the agency receives effective communication. [28 CFR § 35.160] Requirements for an ADA Coordinator
A Title II entity with more than 50 employees must designate an ADA Coordinator who coordinates agency efforts to comply with and carry out the responsibilities of the ADA. The Coordinator provides a single point of contact for members of the public about ADA and the agency. In order to ensure that individuals can easily identify the ADA Coordinator, the governmental agency must provide the ADA Coordinator’s name, office address, and telephone number to all interested individuals [28 CFR § 35.107].
The ADA Coordinator facilitates compliance with the ADA and provides expertise regarding the Americans with Disabilities Act and ADA Standards. The ADA coordinator receives and investigates complaints related to discrimination on the basis of disability.
Under 28 CFR § 35.107, a grievance procedure is required for public entities of 50 or more employees. Title II entities are required to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by 28 CFR § 35.
New Construction and Alterations
A public Title II entity may not deny the benefits of its programs, activities, and services to persons with disabilities because its existing facilities are inaccessible. Thus, it is the general availability of a program to persons with disabilities that must be evaluated, not compliance with facility standards developed for new construction and alterations.
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While state and local governments may wish to measure the accessibility of their existing buildings against the scoping and technical provisions in the 2010 Standards, program accessibility may be achieved without making every existing facility - or every part of an existing building - accessible. Alternatives to building retrofit can include the temporary relocation of an activity to an accessible facility or the delivery of the service or benefit by other means. In many cases, however, permanent construction that provides physical access may be the most efficient and economical approach to program access, particularly when life cycle costs are considered.
Although physical changes are required only when there is no other feasible way to make a program accessible, public entities are nevertheless required to give priority to methods that result in the most integrated setting appropriate. The program access obligation is limited: Title II entities do not have to take actions that they can demonstrate would result in a fundamental alteration in the nature of a program or that would impose undue financial or administrative burdens.
In compliance with 28 CFR §35.151 (c), if new construction and alterations to a facility were begun prior to September 15, 2010, then the facility or portion of the facility that is affected by the alteration shall comply with the 1991 standards. If new construction and alterations to a facility were begun on or after September 15, 2010, and before March 15, 2012, then either the 1991 standards or the 2010 ADA Standards for Accessible Design are applicable. For all new construction or alterations begun on or after March 15, 2012, the 2010 ADA Standards for Accessible Design are applicable. New construction and alterations must fully comply with all applicable 2010 ADA Standards for Accessible Design if begun on or after March 15, 2012.
The DOJ definition of the commencement of construction is the establishment of a physical object, such as a foundation wall, rather than the groundbreaking first shovel and initial grading of the site.
Existing facilities (including all buildings, exterior facilities, and the on-site access to them) constructed prior to January 26, 1992, and not altered in any way since that date, are held to the lesser standard of complying, with the extent allowed by structural feasibility and the financial resources available, or when a reasonable accommodation can be made.
An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. [28 C.F.R. § 35.151(b)(4)] If the cost of providing a path of travel to an altered facility is more than 20% of the cost of the alteration to the primary function area, then the cost is disproportionate to the overall area and therefore not required. Costs that may be considered as part of the cost of providing an accessible path of travel may include: (1) the costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps; (2) costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls, if the restroom is not the primary function of the area (e.g. the restroom is not in a highway rest area); (3) costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); and (4) costs associated with relocating an inaccessible drinking fountain. [28 C.F.R. §
35.151(b)(4)(iii)]
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When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path shall be made accessible to the extent that it can without incurring disproportionate costs. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order: (1) an accessible entrance; (2) an accessible route to the altered area; (3) at least one accessible restroom for each sex or a single unisex restroom; (4) accessible telephones; (5) accessible drinking fountains; and (6) when possible, additional accessible elements such as parking storage and alarms. [28 CFR § 35.151(b)(4)(iv)] A series of smaller alterations cannot be used to evade the requirement if the alterations are served by a single path of travel. [28 C.F.R. § 35.151(b)(4)(v)] Safe Harbor
The 2010 ADA Standards for Accessible Design use the terms incremental change and supplemental change.
Incremental changes are those elements which were requirements under the 1991 standards, but which were changed in some way under the 2010 standards. Supplemental changes are those regulations or regulatory areas which were not included in the 1991 standards but are included in the 2010 standards.
“Safe harbor” is the term used in the 2010 ADA Standards to describe situations where the 2010 incremental changes to the ADA regulations are not required if alterations to the building or facility are not made. Specifically, “safe harbor” applies to a path of travel. “A ‘path of travel’ includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility and other parts of the facility. “[28 CFR § 35.151(b)(4)(ii)] “An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.
For the purposes of the section the term ‘path of travel’ also includes the restrooms, telephones and drinking fountains serving the altered area.” [28 C.F.R. § 35.151(b)(4)(ii)(B)]
Safe harbor applies only if a building or facility built after July 26, 1992, was compliant with the 1991 standards prior to the enforceable date of the 2010 regulations, which is March 15, 2012. “Safe harbor” is granted to facilities or buildings if and only if the facilities are fully in compliance with the 1991 standards prior to March 15, 2012. However, if alterations are made after March 15, 2012, the alteration of the building or facility must fully comply with the 2010 standards, and any other portions of the existing building or facility that are substantially affected by the alteration in terms of their use, must also comply with the 2010 standards. “Safe harbor” does not apply to areas of supplemental change. (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards) For instance, the 2010 standards include regulations for residential facilities dwelling units, amusement rides, recreational boating facilities, exercise equipment or exercise areas, fishing piers and platforms, golf facilities, miniature golf facilities, play areas, saunas and steam rooms, swimming pools, wading pools, spas, shooting facilities with firing positions, bowling, and court sports. These elements are not governed by “safe harbor.” [28 C.F.R. § 35.151(b)(4)(ii)(c)]
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For example, one of the regulated areas where “safe harbor” makes an impact is in a single occupant restroom.
The 2010 ADA Standards for Accessible Design require a clear floor space next to the water closet, while the 1991 ADAAG allows the lavatory to overlap the clear space. The intent of the new provisions is to allow space for a side transfer to the water closet. The 2010 ADA Standards allow the door to swing into the bathroom as long as there is a clear floor space past the swing of the door, so that a person can enter the room, shut the door, and then maneuver. The 1991 ADAAG does not allow the door swing and the clear floor space to overlap for any of the fixtures. While the 2010 standards do not allow clear space overlap in multi-stall bathrooms, overlap is allowed in single occupant bathrooms.
Undue Burden
A public entity must operate each service, program, or activity so that when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities. This does not necessarily require the public entity to make each of its facilities accessible to and usable by individuals with disabilities.
Additionally, a public entity is not required to take any action that would threaten or destroy the historical significance of an historic property.
If the state or local government agency can demonstrate that an action would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens, then the decision must be made in a written statement describing the reason for the conclusion, and the decision must be made by the head of the government agency, or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity. The public entity has the burden of proof that compliance with 28 CFR § 35.151 would result in such alterations or burdens.
If an action would result in a fundamental alteration of the service, program, or activity or in undue financial and administrative burdens, the Title II entity shall take any other action to ensure that individuals with disabilities receive the benefits or services provided by the state or local government agency.
Self-Evaluation Requirements
A Self-Evaluation is a Title II entity’s evaluation of its current services, policies, and practices to ensure that people with disabilities have equal access to all benefits provided by the public entity. A government entity is required to conduct a Self-Evaluation within one year of the effective date of 28 CFR § 35.105, the effective date being January 26, 1992. All governments were required to complete a Self-Evaluation of their services, policies, and practices by January 26, 1993. The evaluation required by January 26, 1993, shall apply only to programs not subject to section 504 or those policies and practices, such as those involving communications access, that have not already been included in a self-evaluation required under an existing regulation implementing section 504.
Because most evaluations were done more than 5 years ago, the DOJ expects many public entities will be reexamining all of their policies and programs.
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The Self-Evaluation identifies and corrects those policies and practices that are inconsistent with Title II’s requirements. Self-Evaluations should consider all of a local government’s programs, activities, and services, as well as the policies and practices that a governmental agency has put in place to implement its various programs and services. Remedial measures necessary to bring the programs, policies, and services into compliance with Title II should be specified -- including, but not limited to: (1) relocation of programs to accessible facilities; (2) offering programs in an alternative accessible manner; (3) structural changes to provide program access; (4) policy modifications to ensure nondiscrimination; and (5) auxiliary aids needed to provide effective communication. [28 CFR §§ 35.105, 35.150(d)] The Self-Evaluation process identifies those policies and practices that are inconsistent with the requirements of Title II of the ADA. As part of the Self-Evaluation, the governmental agency is required to:
A. Identify all of its programs, activities, and services.
B. Review all the policies and practices that govern the administration of the governmental agency’s programs, activities, and services.
C. Examine each program to determine whether any physical barriers to access exist, including whether individuals with mobility impairments are provided access to public meetings.
D. Review its policies and practices to determine whether any have the effect of excluding or limiting the participation of individuals with disabilities in the governmental agency’s programs, activities, or services.
The Self-Evaluation should provide justification for any agency policy that creates a barrier for people with disabilities that will not be modified.
E. Review its policies to assess whether communications with persons with disabilities are as effective as its communication with others.
F. Review its policies for responding to requests for accommodations to ensure such requests are responded to expeditiously.
G. Review its employment practices to assess whether they comply with other applicable nondiscrimination requirements, including Section 504 of the Rehabilitation Act and the ADA regulations issued by the Department of Justice.
H. Review its building and construction policies to assess whether construction of each new facility or part of a facility, or alteration of existing facilities, conforms to the standards designated under the Title II regulations.
I. Provide the opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the Self-Evaluation process by submitting comments.
In addition, a public entity that employs 50 or more persons shall for at least three years following completion of the Self-Evaluation maintain on file and make available for public inspection: (1) a list of the interested persons consulted; (2) a description of areas examined, and any problems identified, and (3) a description of any modification made.
Transition Plan Requirements
If a state or local government that employs 50 or more persons decides to make structural changes to achieve program access, it must develop a transition plan that identifies those changes and sets a schedule for implementing barrier removal. Transition plans must be available to the public for inspection and allow an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. 175
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If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.
The plan shall, at a minimum:
Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities
Describe in detail the methods that will be used to make the facilities accessible Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period
Indicate the official responsible for implementation of the plan.
If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph (d) shall apply only to those policies and practices that were not included in the previous transition plan. [28 CFR §35.150(d)] 176
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APPENDIX B:
ACCESIBILITY SURVEY RESULTS
177
City of Eastvale - Accessibility Survey
1 / 13
23.91% 11
76.09% 35
Q1 Are there programs or activities sponsored by the City of Eastvale, orfacilities owned by the City of Eastvale, that you or someone you knowcannot participate in or enjoy because of a disability? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
178
City of Eastvale - Accessibility Survey
2 / 13
17.39% 8
82.61% 38
Q2 Have you encountered any communication barriers within a City ofEastvale facility which prevented you from utilizing or participating in aprogram, service, or activity? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
179
City of Eastvale - Accessibility Survey
3 / 13
53.33% 24
46.67% 21
Q3 Have you participated in a program, activity or visited a City ofEastvale facility that you particularly enjoyed? Answered: 45 Skipped: 1
TOTAL 45
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
180
City of Eastvale - Accessibility Survey
4 / 13
13.04% 6
86.96% 40
Q4 Do you or someone you know require visual interpretive services orassisted listening systems at the City of Eastvale's programs or publicmeetings? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
181
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5 / 13
44.00% 11
68.00% 17
8.00% 2
4.00% 1
Q5 Which City facilities do you visit most often?
Answered: 25 Skipped: 21
Total Respondents: 25
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Citrus Property
City Hall
Fire Station 27
Fire Station 31
ANSWER CHOICES RESPONSES
Citrus Property
City Hall
Fire Station 27
Fire Station 31
182
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Q6 Rate the following features of the City of Eastvale’s facilities in order of importance to you from 1 to 5, with the most important as 1:
Answered: 44 Skipped: 2
34.09%
15 25.00%
11 27.27%
12 9.09%
4 4.55%
2 44 3.75
34.09%
15 40.91%
18 13.64%
6 6.82%
3 4.55%
2 44 3.93
29.55%
13 22.73%
10 15.91%
7 15.91%
7 15.91%
7 44 3.34
2.27%
1 4.55%
2 36.36%
16 45.45%
20 11.36%
5 44 2.41
0.00%
0 6.82%
3 6.82%
3 22.73%
10 63.64%
28 44 1.57
0 1 2 3 4 5 6 7 8 9 10
Restrooms
Parking
Pathway /
Sidewalk
Building
Entrance
Meeting Rooms
1 2 3 4 5 TOTAL SCORE
Restrooms
Parking
Pathway / Sidewalk
Building Entrance
Meeting Rooms
183
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7 / 13
97.78% 44
2.22% 1
Q7 Is the City of Eastvale’s website and phone system accessible to you? Answered: 45 Skipped: 1
TOTAL 45
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
184
City of Eastvale - Accessibility Survey
8 / 13
64.29% 27
35.71% 15
Q8 Do you feel that the City of Eastvale provides adequate emergencyresponse services to assist citizens with disabilities? Answered: 42 Skipped: 4
TOTAL 42
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
185
City of Eastvale - Accessibility Survey
9 / 13
17.39% 8
82.61% 38
Q9 Have you encountered street or intersection crossings near a citybuilding or park where missing or inoperable pedestrian crossing pushbuttons affect your ability to cross the street? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
186
City of Eastvale - Accessibility Survey
10 / 13
10.87% 5
89.13% 41
Q10 Do you have difficulty accessing city facilities due to inaccessibility ofpublic sidewalks or curb ramps? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
187
City of Eastvale - Accessibility Survey
11 / 13
19.57% 9
80.43% 37
Q11 Have you encountered inaccessible conditions at public transit stops,including adjacent sidewalks? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
188
City of Eastvale - Accessibility Survey
12 / 13
26.09% 12
73.91% 34
Q12 Have you experienced physical barriers to accessibility on a publicpedestrian circulation path, such as broken / damaged concrete, missingcurb ramp(s)? Answered: 46 Skipped: 0
TOTAL 46
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
ANSWER CHOICES RESPONSES
Yes
No
189
City of Eastvale - Accessibility Survey
13 / 13
Q13 What program, activity, or facility improvements would promote accessibility to the City of Eastvale’s programs, services, and facilities? Answered: 24 Skipped: 22
*(Refer to individual responses provided on the following pages for Question 13 results) 190
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1 / 136
Q1
Are there programs or activities sponsored by the City of Eastvale, or facilities owned by the City of Eastvale, that you or someone you know cannot participate in or enjoy
because of a disability?
No
Q2
Have you encountered any communication barriers within
a City of Eastvale facility which prevented you from
utilizing or participating in a program, service, or activity? No
Q3
Have you participated in a program, activity or visited a City of Eastvale facility that you particularly enjoyed? Yes,
Mommy and me classes are great but would like to see
newer activities it’s a lot of repetition.
If yes, please describe the experience:
Q4
Do you or someone you know require visual interpretive
services or assisted listening systems at the City of
Eastvale's programs or public meetings?
No
Q5
Which City facilities do you visit most often?
City Hall
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