Agenda — Jurupa Valley City Council, January 20, 2022 (part 2 of 2)

The form of policy of title insurance contemplated by this report is:

C.L.T.A. Standard Coverage Policy - 1990 (Owner's Policy or Joint Protection) and A.L.T.A. Loan Policy (06-17-06)

See attached disclosure.

Schedule “A”

The estate or interest in the land hereinafter described or referred to covered by this report is:

A Fee

Title to said estate or interest at the date hereof is vested in:

Pyrite Investments, LLC, a California limited liability company

The land referred to in this report is situated in the City of Jurup a Valley, the County of Riverside, State of California, and is described as follows:

Parcel A:

That portion of Tract 8 of the J. R. Johnston Estate Company, in the City of Jurupa Valley, County of Riverside, State of California, as shown by Map on file in Book 7 Page 63 of Maps, Records of Riverside County, California.

Except those portions conveyed to the State of California by Deeds recorded February 11, 1944 as Instrument No. 832 in Book 613

Page 249 ends

Riverside County, California.

Also except those portions conveyed to the County of Riverside by Deed recorded November 14, 1963 as Instrument No. 120572, in Book 3534 Page 527 of Official Records of Riverside County, California.

Also excepting that portion of said land condemned for highway purposes by Final Decree of Condemnation, a certified copy which was recorded May 14, 1974 as Instrument No. 57901, of Official Records of Riverside County, California.

Also excepting that portion of said land condemned for storm water channel purposes by Final Order of Condemnation, a Certified Copy of which was recorded July 18, 1975 as Instrument No. 86825, of Official Records of Riverside County, California.

Also excepting those portions of said land conveyed to MMI/BDI Riverside Canal Street, LLC, a Delaware Limited Liability Company by Grant Deed recorded on April 6, 2007 as Instrument No. 2007-233820 of Official Records of Riverside County, California.

Also excepting that portion of said land conveyed to Empire Water Corporation, a Nevada Corporation by Grant Deed recorded on April 22, 2008 as Instrument No. 2008-199762 of Official Records of Riverside County, California.

Assessor's Parcel Numbers(s):
1: 171-020-001
2: 171-020-025
3: 171-020-027
EXHIBIT “B”

Cooperative Agreement
Pyrite Channel – Stage 6
Project No.: 1-0-00110-6
Parcel Map No. 37890

EXHIBIT “C”

Insurance Requirements | Page 1 of 3

DISTRICT's Insurance Requirements is as follows:

Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages du ring 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 respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Po licy 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 DEVELOPER'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 vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER 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.

D. Professional Liability:

DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER'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 $2,000,000 per occurrence and $4,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability EXHIBIT “C”

Insurance Requirements | Page 2 of 3

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 the term specified in the insurance policy as long as the law allows.

E. 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 DEVELOPER 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 Manager 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, DEVELOPER'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. DEVELOPER shall ca use their insurance carrier(s) or its contractor's 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 req uested 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 po licies 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 reduction in coverage of such insura nce. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement EXHIBIT “C”

Insurance Requirements | Page 3 of 3

found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.

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 endorsemen ts 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 insurance 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 DEVELOPER 's insurance shall be construed as pr imary 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 of 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 DEVELOPER has become inadequate.

g. DEVELOPER 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. DEVELOPER 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.

Exhibit “D”

Cooperative Agreement
Pyrite Channel - Stage 6; Pyrite Channel - Stage 7; Pyrite Channel - Stage 8 Project No(s). 1-0-00110-6, 1-0-00110-7, 1-0-00110-8

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CROSS-HATCHED EASEMENT
EXHIBIT "A"
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
STORM DRAIN EASEMENT
LEGAL DESCRIPTION

BEING A PORTION OF TRACT 8 OF J.R. JOHNSTON ESTATE COMPANY, IN THE CITY OF JURUPA VALLEY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 63 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF PYRITE STREET AND MISSION BOULEVARD, AS SHOWN ON RECORD OF SURVEY, RECORDED IN BOOK 137, PAGES 99 THROUGH 113, INCLUSIVE, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

THENCE, ALONG SAID CENTERLINE OF MISSION BOULEVARD, SOUTH 89°24'43" EAST 308.89 FEET;

THENCE, LEAVING SAID CENTERLINE, NORTH 00°31'44" EAST 50.00 FEET TO A POINT ON THE NORTH RIGHT‐OF‐WAY LINE OF SAID MISSION BOULEVARD, SAID POINT BEING THE POINT OF BEGINNING;

THENCE, CONTINUING NORTH 00°31 '44 EAST 1153.40 FEET TO A POINT ON THE SOUTHERLY RIGHT‐OF‐ WAY LINE OF STATE HIGHWAY No. 60;

THENCE, ALONG SAID SOUTHERLY RIGHT‐OF‐WAY LINE, SOUTH 81°36'05" EAST 14.13 FEET TO A POINT ON A LINE, 14.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID LAST CALL;

THENCE, LEAVING SAID SOUTHERLY RIGHT‐OF‐WAY LINE ALONG SAID PARALLEL LINE, SOUTH 00°31'44" WEST 1151.48 FEET TO A POINT ON SAID NORTH RIGHT‐OF‐WAY LINE;

THENCE, ALONG SAID NORTH RIGHT‐OF‐WAY LINE, NORTH 89°24'43" WEST 14.00 FEET TO THE POINT OF BEGINNING.

CONTAING 16,134 SQUARE FEET, MORE OR LESS.

THE ABOVE DESCRIBED REAL PROPERTY IS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART HEREOF, ENTITLED EXHIBIT "B”.

THE ABOVE DESCRIPTION WAS PREPARED BY ME.

_________________________
ANTHONY HARO, PLS 7635
EXPIRATION DATE: 12/31/2022
JN: 795‐2849

Page | 1

STAFF REPORT
DATE: JANUARY 20, 2021
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.I

AWARD CONSTRUCTION AGREEMENT TO MISSION PAVING AND
SEALING, INC. FOR 2021-2022 CITYWIDE SLURRY SEAL, CIP PROJECT NO. 21109

RECOMMENDATION

1. That the City Council approve and award a construction agreement to Mission Paving and Sealing, Inc. in the amount of $336,217 for the 2021-22 Citywide Slurry Seal Project (Agreement) for the work included in its proposal, and authorize the City Manager to execute the Agreement in substantially the form and format attached and in such final form as approved by the City Attorney; and

2. Authorize the City Manager to execute contract change orders not to exceed 10% of the total agreement, pursuant to requirements set forth in the agreement; and

3. Re-appropriate $ 65,000 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Project – Ph. 1, Account No. 201.2010.71387, to the Project account to fund the total project costs: and

4. Authorize the City Manager to record the Notice of Completion upon acceptance of the work by the City Engineer.

BACKGROUND
At its meeting of June 17, 2021, the City Cou ncil approved the FY 202 1-2022 Capital Improvement Plan (CIP). This CIP included the 2021-22 Citywide Slurry Seal Project .

This project involves the slurry sealing of all the local neighborhood streets shown on Attachment B.

RETURN TO AGENDA

Page | 2

The scope of work generally consists of the slurry sealing of all identified streets including isolated dig outs, weed kill, crack sealing, and re-striping.

City staff prepared the bid package for the project and th e City Engineer approved this bid package on December 9, 2021.

On December 8, 2021, the Notice Inviting Bids was published in The Press Enterprise.

The City Clerk also advertised in various online bid-posting services and additional notice was placed on the City’s website . The bid package was uploaded to PlanetBids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package.

ANALYSIS

Formal bidding procedures were followed in conformance with the Public Contract Code.

Six (6) bids were received on December 23, 2021 as summarized below.

All bids were reviewed for accuracy and completeness. Mission Paving and Sealing, Inc. submitted the lowest bid totaling $336,217 and was verified as the lowest, responsive and responsible bidder.

City Public Works/City Engineering Department staff will provide Construction Management (CM) and inspection. This effort will require daily observation of contractor’s operations, materials inspection and testing, monitoring compliance with the contract documents including temporary construction traffic control , preparation of monthly progress payment reports, and performance of various administrative activities related to the project. This construction support is estimated to cost $35,000.

OTHER INFORMATION

Previous Actions:
 None

Bidder Base Bid

1. Mission Paving and Sealing, Inc. $336,217.00

2. American Asphalt South, Inc. $353,135.00

3. Pavement Coating Co. $353,900.00

4. All American Asphalt, Inc. $394,050.00

5. Roy Allan Slurry Seal, Inc. $409,512.00

6. Southern California Road Slurry $499,182.25
Engineer’s Estimate $356,000.00

Page | 3

FINANCIAL IMPACT

The total approved CIP Project Budget for the 2021-22 Citywide Slurry Seal Project is $350,000 and is funded by the City’s Measure ‘A’ allocation. The budgeted funds are not sufficient for an award of contract and related support services. Approval of this agreement requires that the City Council re-appropriate $65,000 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Project – Ph. 1 (Account No. 201.2010.71387), bringing the total project budget to $415,000.

The total project costs are as follows:

Project Administration/Bid Package Preparation $10,000.00 Construction Contract $336,217.00
Contingency (10%) $33,000.00
Construction Support Services $35,000.00
Total $414,217.00

No General Fund monies are required for approval of this agreement.

ALTERNATIVES

1. Do not approve Agreement as recommended.

2. Provide alternate direction to staff.

*****SIGNATURES ON FOLLOWING PAGE*****

Attachment A
Construction Agreement, Project No. 21109

AGREEMENT 1

AGREEMENT

PROJECT NO. 21109

2021-2022 CITYWIDE SLURRY SEAL

Various Streets

THIS Agreement, made and entered into the __________ day of ____________, 2022, by and between the City of Jurupa Valley, a municipal corporation, hereinafter called the "City" and Mission Paving and Sealing, Inc. hereinafter called the "Contractor."

That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services, except as otherwise provided in the Plans or Special Provisions, in a good and workmanlike manner for the project identified as 2021-2022 Citywide Slurry Seal (“Project”), in accordance with this Agreement. The complete Agreement includes all of the Documents as if set forth in full herein, to wit, including the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, Addenda No(s). 1 issued prior to the opening of the Bids, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non -Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance (the “Documents”), all of which are essential parts of the Agreement between City and Contractor and are hereby made a part of this Agreement. In the event of any conflict in the provisions thereof, the terms of said Documents as set forth above shall control, each over the other, in the order provided.

2. Compensation. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of three hundred thirty six thousand two hundred seventeen dollar ($336,217), subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing all the work contemplated and embraced under the Documents. .

3. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper.

A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed.

AGREEMENT 2

4. Time. The Contractor hereby agrees to commence work pursuant to this Agreement within fourteen (14) calendar days after the date of authorization specified i n the Notice to Proceed. The Contractor agrees to diligently prosecute the work, including corrective items of work, day to day thereafter, to completion, within Forty (40) working days after said date in the “Notice to Proceed with Construction,” except as adjusted by subsequent Contract Change Order(s).

5. Liquidated Damages. The City and Contractor hereby agree that in case all construction called for under the Agreement is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.

It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which th e Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasi oned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

6. Insurance. The Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect: (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by the Contractor, it s officers, representatives, volunteers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4) workers’ compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater.

Acceptable insurance coverage shall be from an admitted corporate surety i nsurer licensed in the State of California, approved by the City, and with a rating of, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City.

All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prio r written notice thereof by certified mail, return receipt requested. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be ded ucted, at the option of the City, from payments due the Contractor.

The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers’ compensation insurance requirements above, and (2) insurance policy endorsements not less than one (1) day prior to beginning of performance under this Agreement.

Any deductibles must be declared to and approved by the City.

AGREEMENT 3
The general liability and automobile liability policies must contain or be endorsed to contain the following provisions: “The City of Jurupa Valley, its elected and app ointed officials, officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed on behalf of the City of Jurupa Valley, including materials, parts or equipment furnished in connection with the work or operations.”

The insurance provided by Contractor shall be primary to any coverage available to the City.

The Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required herein. All certificates and endorsements are to be received and approved by the City before work commences. The City may require , at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

7. Bonds. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred per cent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Agreement pursuant to Section 9550 of the Civil Code.

8. Contractor’s Guarantee. The Contractor, the Contractor’s heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Agreement fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications.

9. Prevailing Wages. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classif ication, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be sub ject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information

AGREEMENT 4
regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.

10. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time . City shall timely notify Contractor of the receipt of any third - party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.

11. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.

12. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters

All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

13. Debarred, Suspended or Ineligible Contractors . Contr actor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.

14. Conflicts of Interest. Contractor agrees not to accept any em ployment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 871 00, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly, and be fore the following conditions are disturbed, notify the City in writing of any:
material that Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if

AGREEMENT 5
the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor’s cost of or the time required for performance of any part of the work, the City shall issue a change order.

16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 an d incorporates that section herein by this reference.

17. Location of Existing Elements . The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching.

18. Wage and Hour Laws. The Contractor shall, as a penalty, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of California Labor Code Section 1813. As provided for in California Labor Code Section 1810, a legal day’s work is 8 hours of labor in any one calendar day.

19. Audits. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement.

20. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents th e entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

21. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination withou t fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

22. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Jurupa Valley to ensure performance under this Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Jurupa Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor.

Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. Th e Contractor shall give the City written notice within thirty (30) days after this Agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the e scrow shall be governed by a written escrow agreement in a form which is substantially similar to the agreement set forth in Section 22300, of the Public Contract Code.

AGREEMENT 6

23. Indemnification. To the fullest extent permitted by law, Contractor hereby agrees, at i ts sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Jurupa Valley, and their officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, incidental to, or related to any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of this Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Contract or shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

24. Assignment. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the City.

25. Attorney’s Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

26. Worker’s Compensation Insurance. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self -insurance in accordance with the Provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Agreement.

27. Effective Date. The effective date of this Agreement shall be the date of the Award of Contract by the City of Jurupa Valley.

AGREEMENT 7

28. Contractor’s License. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concern ing a Contractor may be referred to the Registrar, Contractors’ State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826.

********** (SIGNATURE PAGE FOLLOWS) **********

AGREEMENT 8
CITY OF JURUPA VALLEY, _______________________________________ Municipal Corporation (Name of Contractor)
License No./
BY: Classification: ____________________________
Rod Butler, City Manager, City of Jurupa Valley
Expiration Date:

Date: Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

Date

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

Date

SIGNING INSTRUCTION TO THE CONTRACTOR:

All signatures on the Agreement on behalf of the Contractor must be acknowledged before a notary public.

General Partners must sign on behalf of the partnership.

NOTE: In the event that the contracting firm is a corporation, two (2) corporate officers having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, attach corporate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.

INTERNAL USE ONLY

ATTEST:

_____________________________________
Victoria Wasko, C.M.C., City Clerk

APPROVED AS TO LEGAL FORM:

_____________________________________
Peter Thorson, City Attorney

_____________________________________
Date

RECOMMENDED FOR APPROVAL:

_____________________________________
Paul Toor, P.E., City Engineer
(if contract exceeds $5,000)

_____________________________________
Date

FAITHFUL PERFORMANCE BOND 1
BOND NO.

PREMIUM $

FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)

PROJECT NO. 21109

2021-2022 CITYWIDE SLURRY SEAL

Various Streets

KNOW ALL MEN AND WOMEN BY THESE PRESENTS:

THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City," has awarded to Mission Paving and Sealing, Inc., as Principal hereinafter designated as "Contractor" and have entered into a n Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager/Mayor, and identified as Project No. 21109, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond guaranteeing the faithful performance of said Agreement;
NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and firmly bound unto the City of Jurupa Valley, County of Riverside in the penal sum three hundred thirty six thousand two hundred seventeen dollar ($336,217), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for whi ch payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Jurupa Valley, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or the Provisions.
********** (SIGNATURE PAGE FOLLOWS) **********

FAITHFUL PERFORMANCE BOND 2
BOND NO.

IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.

BIDDER SURETY

Contractor
Name: Name:

Address: Address:

Telephone No.: Telephone No.:

Print Name: Print Name:

Attorney-in-Fact

Signature: Signature:

Approved as to Form this

day of 2022

Peter Thorson
City Attorney
City of Jurupa Valley

NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond).

LABOR AND MATERIALS PAYMENT BOND 1
BOND NO.

PREMIUM $

LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)

PROJECT NO. 21109

2021-2022 CITYWIDE SLURRY SEAL

Various Streets

KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City", has awarded to Mission Paving and Sealing, Inc., as Principal hereinafter designated as "Contractor" and have entered into an Agreement whereby the Contractor agrees to construc t or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager/Mayor, and identified as Project No. 21109, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and , as Surety are held and firmly bound unto the City of Jurupa Valley, County of Riverside, in the penal sum of three hundred thirty six thousand two hundred seventeen dollar ($336,217), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the State of California Civil Code, Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons described in the State of California Civil Code Section 9100, to give a right of action to such persons or their assigns in any suit brought upon this bond. ********** (SIGNATURE PAGE FOLLOWS) **********

LABOR AND MATERIALS PAYMENT BOND 2
BOND NO.

IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.

BIDDER SURETY

Contractor
Name: Name:

Address: Address:

Telephone No.: Telephone No.:

Print Name: Print Name:

Attorney-in-Fact

Signature: Signature:

Approved as to Form this

day of 2022

Peter Thorson
City Attorney
City of Jurupa Valley

Attachment B
Project Location Map
REPLACE BASIC CROSSWALK WITHLADDER TYPE (ALL 4 LEGS)
DO NOT REPLACE "STOP AHEAD" MARKINGS BETWEEN GOLDEN WEST AND OPAL SH-60

MISSION BLVD

LIMONITE AVE

JURUPA RD

FELSPAR ST

AGATE ST

PEDLEY RD

GALENA ST

CAMINO REAL

CANAL ST
54TH ST

LAKESIDE DR

OPAL ST

PACIFIC AVE
58TH STVAN BUREN BLVD

PYRITE ST
RIO RD

WHITNEY DR

SKYVIEW RD
45TH ST

GOLDEN WEST AVE

TYROLITE ST

GLEN ST
56TH ST

LINARES AVE
46TH ST

RUBIDOUX BLVD

VALLEY WAY
30TH ST

HUDSON ST
42ND ST

EL PALOMINO DR
36TH ST

PERALTA PL

RIVERVIEW DR

AVON ST

BALDWIN AVE

LIVE OAK DR

MONTANA AVE
63RD ST

STONE AVE
34TH ST

VERNON AVE

PICO AVE

CRESTMORE RD

CLAY ST
38TH ST
64TH ST

SEDONA DR
60TH ST

AVALON ST

GOLF ST

FONT AVE

AVENUE JUAN BAUTISTA

TILTON AVE

WALLACE ST

VIA ESCALANTE

LIPPIZAN DR

RATHKE DR

HALBROOK TER
63RD AVE

FRAZER DR

FLORINE AVE

GRANITE HILL DR

PONTIAC AVE
KIM LN

LA CANADA DR

LA RUE ST
37TH ST
44TH ST

REAGAN RD
59TH ST

MARIA DR

KERN DR

RODEO DR

JAYHAWK DR

YEARLING WAY

GREENS DR

FORT DR

EMERY ST

TWINING ST

FILLY LN

SHETLAND LN

SKYLOFT DR
SH-60 EBOFF

VALDEZ AVE

ALTA ST
SH-60 EBON

MENNES AVE

MISSION ROCK WAY

SOTO AVE

SEBASTIAN AVE

BAKER ST

LORING RANCH RD
28TH ST

LEIGH ST

AVENUE JUAN DIAZ

DELL AVE

LONE TRL
SH-60 WBOFF

ALTON ST

ALVISO AVE

TOMAL LN

BOLERO DR
40TH ST

ARORA ST

FAGAN RD

LONGS PEAK DR

BOLD RULER LN

BROOKHILL TER
61ST ST

DONNA WAY

SANDOVAL AVE

CAPARY RD

ARCHER ST

LIMONITE FRONTAGE RD

BYRNE RD

BETHEL RD

LAUREL RIDGE DR

MANOR DR

PAISANO WAY

SUNDOWN DR

MEARS AVE

VEGA AVE

STONE MIST CIR

TOWNSEND DR

AZURITE ST

MARTINGALE DR

LAUREL DR

MAIN ST

RED MESA DR

ESTRADA DR

CHIFNEY LN

COLLINS ST
SH-60 WBON

JOHN DR

SUNCREST DR

HAVEN VIEW DR

PAPAGO ST

CONDOR DR

MAVERICK LN

SKYLANE DR

BRIAN CIR

ISAAC ST

RIVER GLEN DR

PINNACLE ST

HASTINGS BLVD

FAIRBANKS AVE

SUFFOLK ST

STOBBS WAY

MORAGA AVE

SIERRA AVE

BELLEGRAVE AVE

MUSTANG LN

GARTH ST

SMITH ST
43RD ST

DORIS DR

RIDGE POINT WAY

WENDOVER DR

HAWK DR

BIG ROCK DR

GYPSUM DR

QUIROZ DR

APPLE AVE

BROOKFIELD DR

TEASDALE AVE

AVENUE DE PALMA

SADDLE CREEK DR

SCHEELITE ST

RIDGELINE DR

AVENIDA MARIPOSA

ASA WAY

RUSTIC LN

MARY ELLEN DR

TAMARIND LN

FORMOSA ST

COVELLO ST

DAPPLE LN

PIONEER DR

JADE ST

RUNNING GAIT LN

STANDISH AVE

PINTO ST

BOULDER DR

HELIX ST

WENATCHEE WAY
29TH ST

JENSEN RANCH RD

SWING DR

CARLYLE DR

ROCKRIDGE RD

DE LA VISTA

SUNNYSAGE DR

KACHINA DR
33RD ST

JOSHUA RD

LAUREL PARK CIR

SHERRY LN

VIRTUE VISTA DR

ABAGAIL ST

KATHY AVE

JANET ST

HERNANDEZ ST

CHEN CT

JENNIE ST

CANDLE LIGHT DR

PALENCIA DR

JOEL DR

WILD PONY DR

COLOMA WAY

THUNDER BAY TRL

MORTON AVE

JOAN AVE

LANSING DR

EDDY AVE

OLIVIA WAY DUCHESS DR

DONNER WAY

PEARL ST

VILLA WOODS DR

RIVERBEND LN

FARLEY DR

JUDE ST

LASSITTER RD

MURIEL DR

CORTE CASTILLO

CALEB ST

ALLWOOD ST

MEADOW LAND DR

MAPLEVIEW DR

GARCES AVE

THOROBRED LN

MINTERN ST

SKY MEADOW ST

HUMBLE ST

OLIVE ST

WINNCLIFF DR

SAXON CT

MOLINO WAY

TATUM CT

JOHNSON CT

HELLER DR

MORGAN AVE

GRANDVIEW AVE

PERCHERON AVE

BRIGGS ST

MARGIE WAY
LEO ST

RED MOUNTAIN DR

STONEWOOD LN PEGGY AVE

VIA FLORENCIA

PARAMOUNT DR

SHARON WAY

GRAND VALLEY TRL

PATTY ST

CONTAY WAY

BELLMORE ST

HEATHERWOOD DR

INDIAN CAMP RD

VISTA DE ORO

PLAZA LN

RUTHANN DR

PACER WAY

FIRCREST LN

FAIRHILL PL
OWL CT

SCENIC DR

BERYL WAY

PACKARD AVE

INDIAN PALMS DR

ANABEL ST

BEATRICE DR

KLAWITTER RD

SANTIAGO CIR

TEWA WAY

HORSESHOE LN

PHEASANT RUN CIR

FLABOB AVE

KELSEY PL

CANYON TERRACE DR

BRIDLE PATH CIR

CAMPERO DR

NEWVILLE PL

EUCALYPTUS AVE

DESPERADO DR

SOLOMON ST

SAMANTHA PL

NOVAK ST

PHEASANT RUN RD

PATRICIA DR

TOURMALINE CT

JEWEL ST

JERICHO RD

HOLSTEIN ST

HUNT AVE

CROSS RIVER DR

TERRIE TER

REBECCA ST

RENEE AVE

FORT FREMONT ALLEY

GRINNELL DR

TRIESIAN WAY

WOODMERE DR TOURNAMENT DR

SEXTON LN

CHRISTINE AVE

MARTINEZ AVE

ANGELA AVE

CHRIS CT

STAR VIEW DR

FRIESIAN LN

TAOS DR

MOUNT RAINIER ST

CARRERA CT

KENWOOD PL

GREEN PASTURE RD

EVENINGSIDE LN

SIERRA CROSS WAY

QUAPAW WAY

ALONDRO DR

CAROL WAY

MILL CREEK ST

STEARNS ST

RAYE ST

SUNSET RIDGE DR

WILCOX SQUARE ALLEY

BROOKNOLL AVE

ABEL STEARNS AVE

POLO CT

GORDON WAY

ARMSTRONG RD

LEYBURN PL

CLEARVIEW PL

HIDATSA ST

WELCH ST

ANTONIA PL

HORIZON CT

EAGLE RIDGE CT

CAHUILLA ST

CHUMASH CT

ROCKING HORSE CIR

CLUBHOUSE DR

WESTERFIELD ST

MONTERO RD

PEBBLEWOOD CT

NOYER LN

SUNDANCE DR

AVLIS LN

RIDGERIDER CT

CASCADE LN

WHATTA RD

RILEY WAY

DORSET ST

SKYLINE TER

PUTTERS CIR

NINA CT

IRONSTONE DR

QUARTZ HILL DR
SUE LN

KONIC CT

GRAY MARE DR

BOUNTY TRL

JENNIFER LN

SKYPARK WAY

SAN TROPEZ DR

BELGIAN CT

BROOKDALE AVE

CASSIDY CIR

HOLLADAY ST

AMARILLO ST

LIMONITE CT

SERI CT

TOM CIR

SKYLINKS DR

EDGEHILL DR

GOLONDRINA ST

AUTUMNWOOD LN

SEPULVEDA WAY

ARROWHEAD DR

CORTE ENTRADA

ROSAL RD

EDGEWOOD POINT RD

STUDEBAKER WAY
CAL CT

PALAMINA CIR

DARCEE DR

VIAGGIO CIR
KIP PL

CAMERON WAY

FALLING LEAF LN

DE ANZA PLAZA DR

MOREY WAY

AVENUE DON BENITO

SIRE CIR

MIGHT CIR

PAULA ST

AERO LN

LEMON GROVE AVE

HORIZON LN

BLACKHILLS DR

KARIANNE LN

PINE FALLS TRL

JAVELINA CT

ALVARADO CIR

CACHE CT

ROSELLE PL

SARA CT

BOGIE CT

MANHART CIR

KORI CT

EVERLEE CT

PATRICK CIR

GREEN CREST CT

BENT TREE LN

GREYSTONE CIR

CALLE ZAFIRO

ROCKFORD CIR

CYDNEY CIR

PROPELLER CT

HAILEY CIR

IEMEZ CIR

BRAY CT

FOX HILL CT

HAMLIN CT

BRONCO LN

PINERIDGE CT

RIVERVIEW DR
SH-60 WBOFF

SOTO AVE

PONTIAC AVE
42ND ST

SOTO AVE

OPAL ST

PEDLEY RD

RIVERVIEW DR
44TH ST

PEDLEY RD

DE LA VISTA
63RD ST

FORT FREMONT ALLEY

MOLINO WAY

CAMINO REAL

PIONEER DR

DE LA VISTA

JEWEL ST
SH-60 EBON

OPAL ST
56TH ST

TERRIE TER
SH-60 AVALON STLA RUE ST

CANAL ST

JURUPA RD
64TH ST
34TH ST

AGATE ST
SH-60 EBOFF
37TH ST

SHETLAND LN
42ND ST
36TH ST

PEDLEY RD

GRANITE HILL DR
SH-60 EBOFF
SH-60 EBOFF

PINTO ST

RIVERVIEW DR

AVON ST
SH-60 EBON

CLAY ST
SH-60 WBON
45TH ST

RUSTIC LN
2021-2022 CITYWIDE SLURRY SEALCIP NO. 21109
®
Legend
Type II Slurry
Street Centerline
City Boundary
HRG PLOT: 4:33:24 PM 12/2/2021 BY: ckeys FILE: \\hrgcrnas\data\10110023.02\2021-2022 Slurry Seal Project\GIS\MXD\ex-20211118-Project_Map_21-22_Slurry.mxd CITY OF JURUPA VALLEY 2021-2022 CITYWIDE SLURRY SEAL CIP NO. 21109 Street Name From To Length Width Area PCI CulDeSac?
42ND ST PACIFIC AVE RIVERVIEW DR 1664 32 53248 84
45TH ST OPAL ST 1798' W OPAL ST 1798 40 71920 74 X
45TH ST PACIFIC AVE OPAL ST 1275 37 47175 79
ALLWOOD ST 430' W SUNCREST DR SUNCREST DR 430 32 13760 72 X ALLWOOD ST SUNCREST DR RIVERVIEW DR 530 32 16960 72
AVALON ST 34TH ST 927' N 34TH ST 950 30 28500 84 X
AVALON ST 300' N MISSION BLVD 34TH ST 1300 28 38684 74
AVALON ST MISSION BLVD 300' N MISSION BLVD 300 36 10800 80 AVE MICHAELINDA AVE JUAN BAUTISTA GOLDEN WEST AVE 983 32 31456 75 AVENIDA MARIPOSA AVE JUAN BAUTISTA GOLDEN WEST AVE 1114 32 35648 73 BOLD RULER LN DAPPLE LN 2849' W DAPPLE LN 2849 33 94017 87 X BONHILL ST SUNCREST DR 450' W SUNCREST DR 450 33 14850 83 X BRONCO LN RIVERVIEW DR 202' W RIVERVIEW DR 202 29 5858 87 X CADIZ CT AVENIDA MARIPOSA 281' S AVENIDA MARIPOSA 281 28 7868 80 X COTTONTAIL CT CAMINO REAL 180' E CAMINO REAL 180 60 10800 57 X COVELLO ST SUNCREST DR MAVERICK LN 1308 33 43164 86
DAPPLE LN THOROBRED LN GALENA ST 926 36 33336 85
DE LA VISTA PACIFIC AVE 982' E PACIFIC AVE 982 33 32406 78 DE LA VISTA 264' NW RIVERVIEW DRRIVERVIEW DR 264 29 7656 77 DORADO CT AVENIDA MARIPOSA 261' S AVENIDA MARIPOSA 261 28 7308 79 X DORSET ST 210' E SUNCREST DR 314' W SUNCREST DR 524 29 15196 86 X EMERY ST LIMONITE FRONTAGE RDRIVERVIEW DR 1733 33 57189 78 FILLY LN BOLD RULER LN 1324' S BOLD RULER LN 1324 34 45016 78 X FIREBIRD CT PEBBLEWOOD CT 345' N PEBBLEWOOD CT 345 32 11040 74 X FIREBIRD CT PEBBLEWOOD CT 345' N PEBBLEWOOD CT 345 32 11040 74 X HORIZON CT VIA ESCALANTE HORIZON CT 337 32 10781 73
HORIZON CT VIA ESCALANTE HORIZON CT 219 32 6993 87
LIMONITE FRONTAGE RDEMERY ST LIMONITE AVE 772 17 13124 74 MARE CIR FILLY LN 160' W FILLY LN 160 31 4960 74 X
MAVERICK LN RIVERVIEW DR COVELLO ST 1392 33 45936 85
MIGHT CIR BOLD RULER LN 264' E BOLD RULER LN 264 29 7656 87 X PEBBLEWOOD CT CAMINO REAL 740' E CAMINO REAL 740 32 23680 75 X PEBBLEWOOD CT CAMINO REAL 740' E CAMINO REAL 740 32 23680 75 X RASCAL CT VIA ESCALANTE RIDGELINE DR 271 32 8660 79
RIDGELINE DR VIA ESCALANTE 827' W VIA ESCALANTE 827 33 27291 79 ROUND TABLE CIR BOLD RULER LN 257' E BOLD RULER LN 257 30 7710 85 X SALLY ANN CIR FILLY LN 160' W FILLY LN 160 32 5120 75 X SHETLAND LN THOROBRED LN BOLD RULER LN 709 34 24106 87
SUNCREST DR ALLWOOD ST MAVERICK LN 1533 33 50589 74
THOROBRED LN PEDLEY RD 190' W FILLY LN 1108 30 33240 84 VIA ESCALANTE 2193' NE SKYVIEW RD 4156' NE SKYVIEW RD 1963 32 62816 80 VISCAYA CT AVENIDA MARIPOSA 260' S AVENIDA MARIPOSA 260 28 7280 83 X VISTA DE ORO PACIFIC AVE 871' E PACIFIC AVE 871 33 28743 87

Page 1 of 1 ends

Page | 1

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.J
AWARD OF CONSTRUCTION AGREEMENT TO HARDY & HARPER, INC.

FOR 2021-2022 CDBG – OLD MIRA LOMA PAVEMENT REHABILITATION – PH. 1, CIP PROJECT NO. 21102

RECOMMENDATION

1. That the City Council approve and award a construction agreement to Hardy & Harper, Inc. in the amount of $ 810,000 for the 2021-22 CDBG – Old Mira Loma Pavement Rehabilitation Project – Ph. 1 (Agreement) for the work included in its proposal, and authorize the City Manager to execute the Agreement in substantially the form and format attached and in such final form as approved by the City Attorney; and

2. Authorize the City Manager to execute contract change orders not to exceed 10% of the total agreement, pursuant to requirements set forth in the agreement; and

3. Re-appropriate $ 53,000 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Project – Ph. 1, Account No. 201.2010.71387, to the Project account to fund the total project costs: and

4. Authorize the City Manager to record the Notice of Completion upon acceptance of the work by the City Engineer.

BACKGROUND
At its meeting of June 17, 2021, the City Cou ncil approved the FY 202 1-2022 Capital Improvement Plan (CIP). This CIP included the 2021-22 CDBG – Old Mira Loma Pavement Rehabilitation Project – Ph. 1 . This project involves the rehabilitation or reconstruction of the following streets and limits:
 48th St. – Martin to Bain
 50th St. – Etiwanda to Bain

RETURN TO AGENDA

Page | 2

 Martin St. – 50th to Bellegrave
 Troth St. – 50th to Bellegrave
 Marlatt St. – 50th to Bellegrave
 Dodd St. – 50th to Bellegrave
The scope of work generally consists of the grind/overlay of the existing AC pavement with isolated patches requiring compete reconstruction as well as the reconstruction of the existing AC berm.

City staff prepared the bid package for the project and th e City Engineer approved this bid package on December 9, 2021.

On December 8, 2021, the Notice Inviting Bids was published in The Press Enterprise.

ANALYSIS

Formal bidding procedures were followed in conformance with the Public Contract Code.

Five (5) bids were received on December 23, 2021 as summarized below.

All bids were reviewed for accuracy and completeness. Hardy & Harper, Inc. submitted the lowest bid totaling $810,000 and was verified as the lowest , responsive and responsible bidder.

Bidder Base Bid

1. Hardy & Harper, Inc. $810,000.00

2. Onyx Paving Company, Inc. $865,000.00

3. All American Asphalt, Inc. $866,444.00

4. RJ Noble Company $1,086,162.25

5. LC Paving & Sealing, Inc. $1,126,758.29
Engineer’s Estimate $997,315.00

Page | 3

OTHER INFORMATION

Previous Actions:
 None

FINANCIAL IMPACT

The total approved CIP Project Budget for the 2021-22 CDBG – Old Mira Loma Pavement Rehabilitation Project – Ph. 1 is $946,406 and is funded by the City’s CDBG infrastructure allocation. The budgeted funds are not sufficient for an award of contract and related support services. Approval of this agreement requires that the City Council re-appropriate $53,000 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Project – Ph. 1 (Account No. 201.2010.71387) , bringing the total project budget to $999,406.

The total project costs are as follows:

Project Administration/Bid Package Preparation $32,500.00 Construction Contract $810,000.00
Contingency (10%) $81,000.00
Construction Support Services $75,000.00
Total $998,500

No General Fund monies are required for approval of this agreement.

ALTERNATIVES

1. Do not approve Agreement as recommended.

2. Provide alternate direction to staff.

*****SIGNATURES ON FOLLOWING PAGE*****

Attachment A
Construction Agreement, Project No. 21102

AGREEMENT 1

AGREEMENT

PROJECT NO. 21102

2021-22 CDBG – Old Mira Loma Pavement Rehabilitation – Ph. 1

50th St – Etiwanda Ave to Bain St
48th St – Martin St to Bain St
Martin St – 50th St to Bellegrave Ave
Troth St – 50th St to Bellegrave Ave
Marlatt St – 50th St to Bellegrave Ave
Dodd St – 50th St to Bellegrave Ave

That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services, except as otherwise provided in the Plans or Special Provisions, in a good and workmanlike manner for the project identified as 2021-22 CDBG – Old Mira Loma Pavment Rehabilitation Project – Ph. 1 (“Project”), in accordance with this Agreement. The complete Agreement includes all of the Documents as if set forth in full herein, to wit, including the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, Addenda No(s). 1 issued prior to the opening of the Bids, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance (the “Documents”), all of which are essential parts of the Agreement between City and Contractor and are hereby made a part of this Agreement. In the event of any conflict in the provisions thereof, the terms of said Documents as set forth above shall control, each over the other, in the order provided.

2. Compensation. The City will pay the Contractor and the Contractor agre es to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Base Bid Item(s) in the sum total amount of eight hundred ten thousand dollars ($810,000.00), subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing all the work contemplated and embraced under the Documents.

AGREEMENT 2
of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed.

4. Time. The Contractor hereby agrees to commence work pursuant to this Agreement within fourteen (14) calendar days after the date of authorization specif ied in the Notice to Proceed. The Contractor agrees to diligently prosecute the work, including corrective items of work, day to day thereafter, to completion, within forty (40) working days after said date in the “Notice to Proceed with Construction,” except as adjusted by subsequent Contract Change Order(s).

5. Liquidated Damages. The City and Contractor hereby agree that in case all construction called for under the Agreement is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City wil l sustain in the event of, and by reason of, such delay.

It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under th is Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

6. Insurance. The Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect: (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by the Contractor, its officers, representatives, volunteers, employees, agents, and independent contracto rs in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4) workers’ compensation insur ance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater.

Acceptable insurance coverage shall be from an admitted corporate surety insurer licensed in the State of California, approved by the City, and with a rating o f, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City.

All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or ot herwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof by certified mail, return receipt requested. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor.

AGREEMENT 3
The Contractor s hall submit to the City (1) insurance certificates indicating compliance with the minimum workers’ compensation insurance requirements above, and (2) insurance policy endorsements not less than one (1) day prior to beginning of performance under this Agreement.

Any deductibles must be declared to and approved by the City.

The general liability and automobile liability policies must contain or be endorsed to contain the following provisions: “The City of Jurupa Valley, its elected and appointed officials , officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operat ions performed on behalf of the City of Jurupa Valley, including materials, parts or equipment furnished in connection with the work or operations.”

The insurance provided by Contractor shall be primary to any coverage available to the City.

The Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required herein. All certificates and endorsements are to be received and approved by the City before work commences. The City may require, at any time, c omplete, certified copies of all required insurance policies, including endorsements affecting the coverage.

7. Bonds. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Agreement pursuant to Section 9550 of the Civil Code.

8. Contractor’s Guarantee. The Contractor, the Contractor’s heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Agreement fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a per iod of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications.

9. Labor Standards and Prevailing Wages. The Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a -276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010), incorporated as Exhibit B-1 in Appendix E.

The Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of t he Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages). The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classification employed in the performance of this contract.

The Federal wage decision is the one in effect ten (10) days prior to bid opening; it is available online at: https://www.wdol.gov/wdol/scafiles/davisbacon/ca.html. The State wage decision is available online at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

AGREEMENT 4
Contractor acknowledges that the applicable Wage Determination for this project is:

General Decision Number: CA20210025 11/11/2021
Modification Number: 16
Date: 11/11/2021

10. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third - party claim relating to the Agreement. City shall be entitled to recover its r easonable costs incurred in providing this notice.

11. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made an d become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.

12. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disput ed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters

All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also s ubject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to t he definition of “claim” as individually defined therein.

13. Debarred, Suspended or Ineligible Contractors . Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.

No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E xecutive Orders 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other t han E xecutive Order 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

AGREEMENT 5
Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

Contractor shall comply with the Conflict of Interest provisions, as applicable, in a ccordance with 2 CFR Part 200.112 and 24 CFR Part 570.611 and other federal Conflict of Interest requirements.

15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
material that Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encount ered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor’s cost of or the time required for performance of any part of the work, the City shall issue a change order.

16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference.

18. Wage and Hour Laws. The Contractor shall, as a penalty, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement for each ca lendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of California Labor Code Section 1813. As provided for in California Labor Code Section 1810, a legal day’s work is 8 hours of labor in any one calendar day.

19. Audits and Records. The Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of four (4) years after final payment under this Agreement.

20. Special Federal Requirements.

A. The Contractor does hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

AGREEMENT 6
B. Section 3 Compliance: The Contractor hereby acknowledges that this federally -funded project is su bject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 135] and agrees to the following:
i. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
ii. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
iii. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
iv. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. v. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 135. vi. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
vii. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under

AGREEMENT 7
this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

21. Entire Agreement. This Agreement, including any other documents incorpo rated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

22. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' wr itten notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

23. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Jurupa Valley to ensure performance under this Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Jurupa Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor.

Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days after this Agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow agreement in a form which is substantially similar to the agreement set forth in Section 22300, of the Public Contract Code.

24. Indemnification. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Jurupa Valley, and their officials, o fficers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, lien s, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, incidental to, or related to any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claim ed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of this Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity

AGREEMENT 8
provision, and an entry of judgme nt against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithsta nding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency 's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while actin g within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

25. Assignment. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by actio n of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the City.

26. Attorney’s Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

27. Worker’s Compensation Insurance. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self -insurance in accordance with the Provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Agreement.

28. Effective Date. The effective date of this Agreement shall be the date of the Award of Contract by the City of Jurupa Valley.

29. Contractor’s License. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contra ctor may be referred to the Registrar, Contractors’ State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826.

********** (SIGNATURE PAGE FOLLOWS) **********

AGREEMENT 9
CITY OF JURUPA VALLEY, _______________________________________ Municipal Corporation (Name of Contractor)
License No./
BY: Classification: ____________________________
Rod Butler, City Manager, City of Jurupa Valley
Expiration Date:

Date: Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

Date

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

Date

SIGNING INSTRUCTION TO THE CONTRACTOR:

All signatures on the Agreement on behalf of the Contractor must be acknowledged before a notary public.

General Partners must sign on behalf of the partnership.

INTERNAL USE ONLY

ATTEST:

_____________________________________
Victoria Wasko, C.M.C., City Clerk

APPROVED AS TO LEGAL FORM:

_____________________________________
Peter Thorson, City Attorney

_____________________________________
Date

RECOMMENDED FOR APPROVAL:

_____________________________________
Paul Toor, P.E., Director of Public Work / City
Engineer
(if contract exceeds $5,000)

_____________________________________
Date

FAITHFUL PERFORMANCE BOND 1
BOND NO.

PREMIUM $

FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)

PROJECT NO. 21102

2021-22 CDBG – Old Mira Loma Pavement Rehabilitation – Ph. 1

KNOW ALL MEN AND WOMEN BY THESE PRESENTS:

THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City," has awarded to Hardy & Harper, Inc., as Principal hereinafter designated as "Contractor" and have entered into an Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager/Mayor, and identified as Project No. 21102, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond guaranteeing the faithful performance of said Agreement;
NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and firmly bound unto the City of Jurupa Valley, County of Riverside in the penal sum of eight hundred ten thousand dollars ($810,000.00), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condit ions and provisions in said Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meanin g, and shall indemnify and save harmless the City of Jurupa Valley, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.

FAITHFUL PERFORMANCE BOND 2
BOND NO.

IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.

BIDDER SURETY

Contractor
Name: Name:

Address: Address:

Telephone No.: Telephone No.:

Print Name: Print Name:

Attorney-in-Fact

Signature: Signature:

Approved as to Form this

day of 2022

Peter Thorson
City Attorney
City of Jurupa Valley

LABOR AND MATERIALS PAYMENT BOND 1
BOND NO.

PREMIUM $

LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)

PROJECT NO. 21102

2021-22 CDBG – Old Mira Loma Pavement Rehabilitation – Ph. 1

KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City", has awarded to Hardy & Harper, Inc., as Principal hereinafter designated as "Contractor" and have entered into an Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager/Mayor, and identified as Project No. 21102, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and , as Surety are held and firmly bound unto the City of Jurupa Valley, County of Riverside, in the penal sum of eight hundred ten thousand dollars ($810,000.00), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the State of California Civil Code, Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bo nd, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, includi ng a reasonable attorney fee to be fixed by the court.

LABOR AND MATERIALS PAYMENT BOND 2
BOND NO.

IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.

BIDDER SURETY

Contractor
Name: Name:

Address: Address:

Telephone No.: Telephone No.:

Print Name: Print Name:

Attorney-in-Fact

Signature: Signature:

Approved as to Form this

day of 2022

Peter Thorson
City Attorney
City of Jurupa Valley

NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one coun ty in the State of California. (Attach one original Power of Attorney sheet for each bond).

Attachment B
Project Location Map

CAPITAL IMPROVEMENT PROGRAM
FY 2021-2022 TO FY 2025-2026
2021-2022 CDBG - OLD MIRA LOMA PAVEMENT REHABILITATION - PH. 1, 50TH, 48TH,

MARTIN, TROTH, MARLATT, DODD
FY2021-2022 to FY 2025-2026 Capital Improvement Program Project No. 21102
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120

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 16.A

PUBLIC HEARING TO CONSIDER A RESOLUTION MAKING CERTAIN

FINDINGS RELATED TO THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY BOLD PROGR AM FOR MONTECITO/HUD SON

DEVELOPMENT PROJECTS

RECOMMENDATION
1) That the City Council conduct a public hearing regarding the financing of public improvements to be owned by the Jurupa Area Recreation & Park District in connection with the Montecito/Hudson Development Projects through the formation of a community facilities district and the issuance of bonds by the California Municipal Finance Authority; and
2) That the City Council adopt Resolution No. 2022-04, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, MAKING A FINDING OF SIGNIFICANT BENEFITS FOR THE

FINANCING OF CERTAIN PUBLIC IMPROVEMENTS BY A COMMUNITY

FACILITIES DISTRICT TO BE FORMED BY THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY THROUGH ITS BOND OPPORTUNITIES FOR LAND

DEVELOPMENT (BOLD) PROGRAM

BACKGROUND
CMFA is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California, including the City.

At the request of RC Hobbs (the “Developer”), CMFA has conducted or intends to conduct proceedings under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Mello -Roos Act”) to form a Community Facilities District (the “CFD”) for the Montecito/Hudson developments as part of CMFA’s

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Bond Opportunities for Land Development (“BOLD”) program that is intended fund Park District facilities only . Once formed, the CFD will levy special taxes to be paid by the property taxpayers within the CFD. It is expected that the CFD will issue bonds to be secured and repaid by the special tax revenues. The purpose of forming this CFD is to finance certain fac ilities (the “CFD Improvements”) and/or development impact fees (which fees are used for capital improvements) (the “CFD Fees”).

The use of the BOLD program means that the CMFA and its consultant team will form and approve the CFD. CMFA will use the servic es of a special tax consultant and administrator to create the special tax formula and administer, levy, and collect the special taxes. CMFA will issue and handle the sale of the CFD bonds and handle continuing disclosure reporting requirements relating to the bonds. Except for the holding of the Hearing, the City will have no involvement in any of the formation of the CFD, the issuance of the bonds, or the CFD administration since the CFD is intended to fund only Park District facilities.

ANALYSIS
Public Hearing and Finding of Public Benefits

CMFA has requested that the City Council hold the Hearing. CMFA’s counsel has indicated that pursuant to Government Code Section 6586.5, p rior to the issuance of bonds by CMFA for the financing of these improvements, applicable law requires the City Council to hold a public hearing and make certain required findings of benefit related to the issuance of bonds. Such finding will pertain to only to Park District improvements intended to be financed.

CMFA has provided a copy of the Park District’s resolution, making a finding that the improvements to be financed by the Park District will result in significant public benefit.

By adopting the attached resolution at the conclusion of the Hearing, the City Council will make a finding of significant benefits with respect to the financing of the City improvements and the Park District improvements, based on the Hearing and the Park District resolution.

FISCAL IMPACT
There is no fiscal impact. All of the costs and expenses related to the formation, issuance of bonds and ongoing administration for any CFD formed by the BOLD program is the responsibility of CMFA and there is no liability or fiscal impact to the City.

ALTERNATIVES
City Council can decide to not make the public benefit finding.

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RESOLUTION NO. 2022-04

A RESOLUTION MAKING A FINDING OF SIGNIFICANT BENEFITS FOR

THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS BY A

COMMUNITY FACILITIES DISTRICT TO BE FORMED BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY THROUGH ITS BOND

OPPORTUNITIES FOR LAND DEVELOPMENT (BOLD) PROGRAM

WHEREAS, the California Municipal Finance Authority (the “CMFA”) is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California (the “State”), including the City of Jurupa Valley (the “City”); and

WHEREAS, at the request of RC Hobbs (the “Developer”), CMFA has conducted or intends to conduct proceedings under the Mello -Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Act”) to form a community facilities district (the “CFD”) to finance certain public facilities and development impact fees u sed for capital improvements authorized to be financed under the Act (the “CFD Improvements” and the “CFD Fees,” respectively) as part of its Bond Opportunities for Land Development (“BOLD”) program for the Developer’s Montecito (Tract 37893) and Hudson (Tract 37052) projects; and

WHEREAS, CMFA intends to utilize the proceeds of sale of special tax bonds of the CFD to finance some or all of the CFD Improvements and CFD Fees; and

WHEREAS, the CFD Improvements and the public improvements to be financed by the CFD Fees will include parks and other public facilities (together, the “Financed Improvements”) to be owned by the Jurupa Area Recreation and Park District (the “Park District”); and

WHEREAS, pursuant to Government Code Section 6586.5, notice was pub lished at least five days prior to the adoption of this resolution at a public hearing (the “Hearing”), which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the financing of the Financed Improvements; and

WHEREAS, the governing board of the Park District adopted Resolution No. 2021-52 on October 28, 2021 (the “Park District Resolution”), and made finding that the issuance of bonds by CMFA in connection with the BOLD Program for the financing of the Financed Improvements will provide significant benefit , including without limitation, savings in effective i nterest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jurupa Valley as follows:

Section 1. Based on the Hearing a nd the Park District Resolution , t he City Council hereby finds and declares that the issuance of bonds by the CMFA in connection with the BOLD Program for the financing of the Financed Improvements will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting -2-

and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.

Section 2. The City Manager and other officers of the City are hereby authorized and directed to take such other actions and execute and deliver such other documents as may be necessary or appropriate to accomplish the purposes of this Resolution.

Section 3. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the CMFA.

PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.

Chris Barajas
Mayor
ATTEST:

Victoria Wasko, CMC
City Clerk
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-04 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

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120

STAFF REPORT
DATE: JANUARY 20, 2021
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.B
PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO.
21009, IMPLEMENTING TRADITIONAL NEIGHBORHOOD DESIGN

STANDARDS FOR NEW RESIDENTIAL SUBDIVISIONS THAT EXCEED
TWO (2) UNITS PER ACRE

RECOMMENDATION
1) That the City Council conduct a first reading and introduce Ordinance No. 202 2-01, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y AMENDING THE

JURUPA VALLEY MUNICI PAL CODE CONCERNING TRADITIONAL

NEIGHBORHOOD DESIGN STANDARDS AND FINDING AN EXEM PTION

FROM THE CALIFORNIA E NVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES

BACKGROUND
Since the City's incorporation in 2011, the process of approving new single -family residential subdivisions has been a challenge for the City, as many applications have met with opposition from neighboring residents. The principal issue with these proposals has been the relatively large homes on small lots, which sharply contrasts with Jurupa Valley's historical residential subdivision design of one -story homes on large lots and is not consistent with the General Plan Objective to preserve small -town charac ter and equestrian lifestyle of the City.

The City, upon incorporation, adopted the County zoning development standards, which allow for denser urban style single -family development. The public's main objections to new proposals that follow these standards are: 1) existing residential neighborhoods with large lots that allow farm animals and horses will conflict with new residents of more compact urban style neighborhoods; and 2) residents desire Jurupa Valley's small town semi-rural character to be preserved.

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Planning Commission Study Sessions
On November 5, 2020, the City Council initiated a code amendment to add design and development standards into the Municipal Code requiring new single -family residential subdivisions that have a density greater than two dwelling units per acre to create traditional neighborhoods that preserve the small town character of the community.

On February 10, 2021, a Planning Commission Study Session was held to review key components of Traditional Neighborhood Design. The Planning Commission expressed its support for the proposed concept noting the concept ’s compatibility with Jurupa Valley's semi-rural character. The Planning Commission also requested new Traditional Neighborhood Design projects that provide houses at an affordable price. At the conclusion of the Study Session, the Planning Commission provided direction to prepare development standards consistent with Traditional Neighborhood Design and present them for review at a future Study Session.

On September 22, 2021, a second Planning Commission Study Session on Traditional Neighborhood Design was held. The Planning Commission reviewed proposed development standards for the Traditional Neighborhood Design Ordinance. The Commission supported the proposed conceptual design standards and provided the following feedback:
 Favor improving community connectivity by requiring new subdivisions to connect to existing neighborhoods, commercial, schools, parks and similar destinations and providing stub streets to connect to future development.  Not in favor of requiring subdivision monument signage and entry statements because they make the community appear exclusive; this contrasts with the goals of connectivity and maintaining the City's small town character.

On December 8, 2021, the draft Traditional Neighborhood Design Ordinance was presented to the Plann ing Commission for consideration. Two residential developers expressed their concern that the recommended development standards are too restrictive and requested consideration of a higher floor -area-ratio (FAR) to be consistent with regional and national development trends. The recommended FAR of .40 is consistent with Traditional Neighborhood Design . Furthermore, with the consideration of potential construction of Accessory Dwelling Units on future single -family subdivisions, a higher FAR could result in very little useable open space on a property and defeats the goals of adopting Traditional Neighborhood Standards . During its deliberation, the Planning Commission supported the recommended development standards because the standards reflect Jurupa Valley's community goals and are not intended to be consistent with regional or national development trends. By a vote of 5 -0-0, the Planning Commission recommend ed that the City Council adopt the proposed Traditional Neighborhood Design S tandards. The adopted Planning Commission Resolution is attached as Attachment 3.

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ANALYSIS
SB 330 (Housing Crisis Act) Ordinance Modifications
SB 330 prohibits a city from imposing or enforcing any non -objective design standards that were established on or after January 1, 2020. Gov. Code § 66300(b)(1)(C). “Objective design standards ” are defined to mean design standards “that involve no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.” A recent court case has provided further clarification on how design standards, and whether those standards are objective, may be interpreted by a court.

This recent case has prompted the City staff and City Attorney’s office to review the draft Ordinance that the Planning Commission considered on December 8, 2021. Based on this review, it is recommended that minor changes be made to the Traditional Neighborhood Design Ordinance in order to comply with SB 330. The proposed edits do not change the intent of the standards in the draft Ordinance, but rather delete any subjective standards and change any permissive language . Because the proposed changes are not substantial, the Ordinance , with the minor edits, does not require additional review or recommendation from the Planning Commission. The redline d version of the Ordinance is provided in Attachment 2.

The draft Traditional Neighborhood Design Ordinance, as edited, is summarized below.

Section 9.240.550 A Definitions
Three definitions for Building Scale, Floor Area Ratio and Traditional Neighborhood Design are included in the Ordinance that help clarify the intent of the Traditional Neighborhood Design development standards. It also refers to the definitio n of single - family in Section 9.10. 490, the definition section of the Municipal Code. The three new definitions included in the draft Ordinance are recommended to read as follows:

1. Building Scale. The relationship between the
mass of a building and its surroundings,
including the width of street, open area of the
lot, and mass of surrounding buildings. Mass
is determined by the three-dimensional bulk
of a structure: height, width, and depth.

2. Floor Area Ratio (FAR). Is the ratio of a
building's total floor area (gross floor area) to
the size of the piece of land upon which it is
built. FAR is calculated by the following
formula: FAR = gross floor area ÷ lot area.

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3. Traditional Neighborhood. A detached single-family residential neighborhood with primarily single-story homes proportionately scaled to the lot, with landscaped front yards, generous space between homes, usable private outdoor space, front patios, wide parkways between the street and sidewalk with canopy shade trees, shorter and narrower streets, garages and parking secondary to homes, on street parking, pedestrian and street connections to other neighborhoods, commercial centers, schools, civic buildings and park and recreational spaces.

Example of a Traditional Neighborhood Street
Section 9.240.550 B Purpose and Intent
The purpose and intent for Traditional Neighborhood Design standards are to provide clear guidance to developers to develop detached single -family subdivisions for the City. The purpose and intent section will be used to evaluate new detached single - family residential subdivisions. Design principals for traditional neighborhoods include small affordable homes with a building scale proportional to lot size, including a mixture of traditional architectural styles, narrow interconnected streets to existing and future developments, and unique design features that create neighborhood identity.

Section 9.240.550 C Applicability
Traditional Neighborhood Design standards apply to all single -family detached residential subdivisions that exceed a density of two (2) units per acre. These standards would apply to Medium Density Residential, Medium High Density

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Residential, High Density Residential and Very High Density Residential land use (see Attachment 4 Traditional Neighborhood Design Applicable Area Map).

These standards will govern nearly all new subdivision propos als as developers usually request densities that are higher than two (2) units per acre. Land use that allows two (2) dwelling units per acre or lower, are not included because the minimum lot size of one half acre results in rural subdivisions , which fit in with the semi -rural small town character of Jurupa Valley.

Section 9.240.550 D. Procedural Requirements
Traditional Neighborhood Design subdivisions require a Site Development Permit to be processed concurrently with the Tentative Tract or Parcel Map. For projects requesting a deviation from the development standards, City Council approval is required. The Municipal Code encourages applicants to meet with the City before submittal to better understand the standards and processing requirements.

Section 9.240.550 E. Development Standards
Traditional Neighborhood Development subdivisions must meet all the standards summarized in the table below and be consistent with the purpose and intent under section 9.240.550 B.

Title Standard Notes
Subdivision
design
Requires the subdivision design be consistent
with the traditional neighborhood design purpose
and intent section

Lot Area The minimum lot area required in the applicable Applicable Areas Map
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Title Standard Notes
zone classification
Building
height
Not to exceed 35 feet and 2 stories. In addition:
 2-story houses shall not exceed 25% of the total
dwelling units for the subdivision
 No 2-story dwellings may be on adjacent lots
 No 2-story dwellings allowed on corner lots
Limitations on 2-story
dwellings help maintain a
predominately single-story
traditional neighborhood
design.
2-story homes are not
allowed to be any larger than
single-story homes.

Floor Area
Ratio (FAR)
Single-story dwelling: FAR of .40 including
dwelling & garage, FAR = gross floor area ÷ lot
area
2-story dwelling: Ground floor FAR .25 including
dwelling and garage, second floor .15 FAR
This ensures that the house
size is proportional to the lot
size. For example:
7,000 sf lot = 2,400 sf house
with a 400 sf garage
5,000 sf lot = 1 ,400 sf house
with a 400 sf garage
3,500 sf lot = 800 sf house with
a 400 sf garage
When the home is
proportionate to the lot, the
sale of the property with the
home will be more affordable.

Open Space  50% of the lot area is permeable open space.  90% of the open space shall be landscaped
 Maintains useable open space
around the dwelling
Setbacks Front yard: 20 feet, encourages average of a 25- foot setback
 Front yard covered porches: 15 feet, when
encroaching in the 20-foot front yard setback
covered porch shall be a minimum of 8 feet
deep and 100 square feet in area.
 Side yard, interior: 6 feet or 10% of the lot width
whichever is greater.
 Side yard, street facing: 10 feet
 Rear yard: 5 feet.
 Garage, attached: 10-foot setback from the front
building line of the dwelling when street facing.

Side facing attached garages 20-foot minimum
front yard setback.
 Adds to open parkway along
the residential streets
 Encourages useable front
porches and pedestrian use
of the parkway

Adds to useable open space
around the dwelling

Allows long driveways to
facilitate parking in the
driveway without overhanging
the sidewalk and large
garages setback from the
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Title Standard Notes
Garage, detached: Zero rear and interior side
yard setbacks when in the rear one half of the
lot. 5-foot rear yard if garage door faces an
alley.
street
Garages Garages shall not be street facing unless
located in the rear half of the lot
 Prevents street facing garages
from overwhelming the street
scene.

Off-street
parking and
driveways
2 covered garage spaces per dwelling
45 feet between driveway curb cuts, one curb
cut per lot.
 Provides two onsite parking
spaces and two on street
parking spaces between
driveways.

Streets

Street layout: Required to match existing street
patterns and restore connections. Interior
streets shall connect to the internal streets of
existing, adjacent neighborhoods, schools,
commercial, civic and parks.

Street stub outs: Provide for connections with
future subdivisions
Block length: Maximum of 660 feet

Right of way: 56 feet local street, 60 feet
collector street
Roadway width: 36 feet local street, 40 feet
collector street

Alley width: Maximum of 20 feet

Parkway: 10-foot parkway consisting of 5-foot
landscape area between the sidewalk and curb.

Traffic calming features: traffic circles, bulb outs,
speed humps etc.

 Improves connectivity to
existing and future
neighborhoods and other
uses.

Short block length
encourages pedestrian
connections.

Narrower streets slow traffic
speeds and are more
pedestrian, bike and
equestrian friendly
Allows room for cars to turn
onto the alley

Requires traffic calming
features to minimize conflicts
with pedestrians, equestrians,
and bicyclists.
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Title Standard Notes
Street lighting Requires street lights
Requires exterior lights be directed downward to
reduce glare on neighboring properties.
 Walkability at night, reducing
glare impacts.

Equestrian
and
pedestrian
trails and
bicycle lane
connections
Requires equestrian and pedestrian trails and
bicycle lane connectivity through or adjacent to
the single-family residential subdivision.
 Improves connectivity
Architecture Requires architectural styles be consistent with the Architectural Styles Sheet of the Community
Development Department.
 Continue architectural features on all sides of
dwelling units visible from a public street
 Follows Jurupa Valley historic
architectural styles and a
diversity of architectural
elements, materials and
designs so homes each have
their own unique qualities.

Landscaping
and
Walls/Fences
Street trees: One canopy tree per 40 feet of
street frontage, minimum 2-inch caliper
measured 6 feet above the ground. Trees must
be planted in a space appropriate for their
mature size and must be located between the
sidewalk and the curb.

Landscape area: The front setback required to
be landscaped and include one 36" box canopy
tree, 90% of the required open space area shall
be landscaped
Natural features: Requires protection of natural
features such as natural terrain, mature trees,
rock outcroppings, habitat areas and other
similar features.

Walls and fences
 Size of street trees based on
height and trunk size rather
than box size.
 Provides for canopy tree lined
parkway.

 Ensures open areas are
mostly landscaped.

Preserves visual qualities of
an area.

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Title Standard Notes
 Decorative masonry, wrought iron, wood,
tubular steel, stone or river, rock or vinyl
fencings with a natural wood appearance are
permitted.
 Maximum 6-foot-high walls or fences. When
walls or fences are located within a required
street side setback, the walls or fences shall
be open to view above 42 inches in height.
 Prohibits chain link, barbed wire or similar
type fences.

Affordability Requires subdivisions provide affordable housing requirements consistent with City requirements.

Due to lot size to building size
proportionality requirements,
smaller homes on smaller lots
will provide lower cost
housing.

ENVIRONMENTAL REVIEW
The proposed Code Amendment is exempt from the requirements of the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no pos sibility that the proposed Code Amendment, amending certain subdivision regulations, development standards pertaining to Traditional Neighborhood Design standards to have a significant effect on the environment. The proposed Code Amendment is an administrative process of the City that will not result in direct or indirect physical changes in the environment.

NOTICING REQUIREMENTS
An advertisement for this public hearing was published on December 10, 2021 in the Press-Enterprise Newspaper.

CONCLUSION
To address concerns with development standards inherited from the County that allow subdivisions with large homes on small lots and an urban style development that is inconsistent with the City's values, the City Council initiated a code amendment to create traditional neighborhood subdivision standards. The proposed Traditional Neighborhood Design Ordinance preserves the City 's semi-rural small town character. The proposed standards provide clear guidance to develop a detached single -family subdivision w ith dwellings that are scaled with the lot area, have generous amounts of useable open space, broad landscaped parkways, and short walkable streets that are well connected to other neighborhoods and destination points.

ATTACHMENT 1
Traditional Neighborhood Design Ordinance

12774-0001\2592070v1.doc
ORDINANCE NO. 2022-01

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y,

CALIFORNIA, AMENDING THE JURUPA VALLEY

MUNICIPAL CODE CONCERNING TRADITIO NAL

NEIGHBORHOOD DESIGN STANDARDS, AND FINDING

AN EXEMPTION FROM CEQA UNDER SECT ION
15061(B)(3) OF THE CEQA GUIDELINES

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Project Procedural Findings . The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the November 5, 2020 regular City Council meeting, the City Council initiated an amendment to Chapter 9.240 (“General Provisions”) of Title 9 (“Planning and Zoning”) of the Jurupa Valley Municipal Code, to adopt traditional neighborhood design standards for single-family residential neighborhoods (ZCA No. 21009) (the “Zoning Code Amendment”), and requested that the Planning Commission study and report on the proposed Zoning Code Amendment, as set forth in this Ordinance.
(b) On December 8, 2021, the Planning Comm ission of the City of Jurupa Valley held a public hearing on the proposed Zoning Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Zoning Code Amendment had the opportunity and did address the Planning Commiss ion on these matters . F ollowing t he receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings, and after due consideration of the testimon y, the Planning Commission adopted Resolution No. 2021-12-08-03 recommending that the City Council approve the proposed Zoning Code Amendment.
(c) On January 20, 2022, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Zoning Code Amendment, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters.

Following the receipt of public testimony , the City Council closed the public hearing and duly considered the written and oral testimony received.
(d) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. California Environmental Quality Act Findings . The proposed Zoning Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the city’s local CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Zoning Code Amendment, adopting traditional neighborhood design standards for single -family residential developments, will have a significant effect on the environment. The proposed Zoning Code Amendment is an administrative process of the city that will not result in direct or indirect physical changes in the environment . The City Council has r eviewed the administrative record concerning the proposed Zoning Code Amendment and the proposed CEQA determinations, and

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12774-0001\2592070v1.doc
based on its own independent judgment, finds that the Zoning Code Amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

Section 3. Project Findings. The City Council hereby finds, as required by the Jurupa Valley Ordinances and applicable state law , that the proposed Zoning Code Amendment should be adopted because the proposed Zoning Code Amendment is consistent with the City of Jurupa Valley 2017 General Plan in that:
(a) Land Use Objectives o f 2017 General Plan. Consistent with the General Plan Objective to preserve small -town character and equestrian lifestyle, the development standards set forth in the Traditional Neighborhood Design Ordinance require dwellings that are proportionally sized to lot area with useable open space, short walkable streets, architectural styles that are historic to Jurupa Valley, large parkways with sidewalks, connections of roads, sidewalks, trails to other neighborhoods, schools, commercial and other attractions , equestrian path connections, traffic control measures to protect pedestrians, bicyclist, and equestrians and design measures that create unique neighborhoods.
b) LUE 2.1 Residential Development. The standards set forth in the Traditional Neighborhood Design are consistent with the policy by providing clear direction for how new detached residential subdivisions are to be designed. c) LUE 2.4 Housing Quality and Variety. The standards set forth in the Traditional Neighborhood Design Ordinance allow for the development of a variety of high quality housing types, styles and densities that meet the needs of a range of lifestyles, physical abilities, and income levels in that architecture and design is required to be consistent with traditional neighborhood principles, that require a variety of historic architectural styles, design materials and floor plans and allow different density of houses from large to small -lot subdivisions that will range in cost and affordability and support a variety of housing needs in the city. Further, all Traditional Neighborhood Design subdivisions are required to meet affordability requirements of the Housing Element of the General Plan.
d) LUE 2.5 Connectivity. The standards set forth in the Traditional Neighborhood Design Ordinance require connectivity of the subdivision with existing and future neighborhoods, parks, schools and public areas with internal street connections, bicycle lanes and trails, equestrian trails and sidewalks and pedestrian trails. e) LUE 2.6 Buffering. Requir e setbacks set forth in the Traditional Neighborhood Design Ordinance include large useable open space areas that provide a buffer from adjacent uses as well as neighboring houses.
f) LUE 2.7 Reduced Street Widths. The standards set forth in the Traditional Neighborhood Design Ordinance require a maximum block length of 660 feet and 36 foot street improvement width. These shorter and narrower local streets than conventional subdivisions help reduce traffic speeds and conflicts with pedestrians, bicyclists, and equestrians that improve the safety and character of the neighborhood.
g) LUE 2.8 Supportive Uses. The standards set forth in the Traditional Neighborhood Design require new residential subdivisions to connect to recreation, public

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12774-0001\2592070v1.doc
commercial or other facilities. The standards encourage shared community spaces, including parks, trails, community gardens, and other recreational and community amenities. h) LUE 2.9 Design Compatibility. The Traditional Neighborhood Design Ordinance standards require single -family subdivisions to meet traditional neighborhood design principles that include dwellings proportional to lot area, wide-open space, historical Jurupa Valley quality architecture design and materials, and other compatible measures with the city’s exis ting semi-rural residential development patterns.
i) LUE 5.4 Residential Development. The standards set forth in the Traditional Neighborhood Design Ordinance include requirements for connectivity and integration with existing equestrian neighborhoods and preserving the city’s semi-rural equestrian lifestyle.

Section 4. Amendment to Chapter 9.240. A new Section 9.240.550 is hereby added to Chapter 9.240, General Provisions, of Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.240.550. - Traditional Neighborhood Design
A. Definitions. The following terms shall have the following meanings for the purposes of this section:
(1) Building scale means the relationship between the mass of a building and its surroundings, includ ing the width of street, open area of the lot, and mass of surrounding buildings. Mass is determined by the three -dimensional bulk of a structure: height, width, and depth.
(2) Floor area ratio or FAR means the ratio of a building’s total floor area (gross floor area) to the area of the piece of land upon which it is built. FAR is calculated by the following formula: FAR = gross floor area ÷ lot area.
(3) Single-family shall be defined as set forth in Section 9.10.490. (4) Traditional neighborhood means a single -family residential neighborhood with primarily one (1) story homes proportionately scaled to the lot, with large front yards generous space between homes, useable outdoor space, wide parkways w ith canopy street trees and sidewalks, shorter and narrower streets, with pedestrian and street connections to other neighborhoods, commercial centers, schools, civic buildings, and park and recreational spaces.

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(1) Encourage single-family subdivision design that is consistent with the city’s historic, traditional neighborhood character with mostly one (1) story homes and large yards; (2) Encourage affordable housing through development of subdivisions with small er homes on smaller lots while creating neighborhoods that are consistent with the community’s values as stated in the General Plan;
(3) Design homes that have a building scale to fit lot sizes without loss of functional outdoor spaces and yards;
(4) Provide connectivity with existing neighborhoods, commercial, civic, recreational, and open space uses in close proximity;
(5) Provide a mix of locally indigenous traditional architectural styles such as but not limited to Craftsmen, Victorian, California Bunga low, American Farmhouse, and California Ranch that are predominately one (1) story;
(6) Incorporate a system of intimate, narrow, interconnected streets with sidewalks, bikeways, and equestrian trails that offer multiple routes for motorists, pedestrians, equestrians and bicyclists, and provides for the connections to existing and future developments; and
(7) Incorporate architectural and design features that create a unique neighborhood identity and enhance the visual character of the community.

C. Applicability. All detached single -family residential subdivisions that exceed a density of two (2) units per acre, proposed or entitled after the effective date of this Ordinance, shall be designed and developed in accordance with this Section. Furthermore, additions or expansions to existing homes and accessory structures are subject to the provisions of this section. Residential subdivisions designed for multifamily units or attached dwelling units, such as clusters and condominiums, are not subject to the provisions of this section.

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encouraged to meet with the city to review submittal requirements and adherence to the traditional neighborhood design standards.

E. Development standards . Unless otherwise prohibited by State law, single-family residential subdivisions subject to this section shall comply with the following development standards:
(1) Subdivision design. The single -family subdivision design shall be consistent with the purpose and intent of the design principles set forth in subsection (B) of this section.
(2) Lot area. The minimum lot area is as required under the applicable zone classification for the subject property(s).
(3) Building height. Single -family residence shall not exceed thirty -five ( 35) feet in height and more than two (2) stories pursuant to the following:
(a) The number of lots within the subdivision with two (2) story dwellings shall not exceed twenty-five (25) percent;
(b) No two (2) story dwelling may be located o n a lot adjacent to another two (2) story dwelling; and
(c) No two (2) story dwellings may be located on a corner lot. (4) Floor area ratio. The maximum FAR for a one (1) story dwelling, including the garage, shall not exceed .40. The maximum FAR for the ground floor of a t wo (2) story dwelling, including the garage, shall not exceed .25. The maximum FAR for the second floor of a two (2) story dwelling shall not exceed .15. (5) Open space. Not less than fifty (50) percent of the lot area shall be permeable open space. Not less than ninety ( 90) percent of the required open space area shall be landscaped.
(6) Setbacks. Provide useable open space areas with generous street side setbacks that enhance the visual appearance of the street parkway pursuant to the following:
(a) Front yard. Minimum twenty (20) foot front year setback. Front yard setbacks are required to vary in length, it is encouraged that there be an average front yard setback of twenty-five (25) for the entire subdivision. (b) Front yard covered porches . Minimum fifteen (15) foot setback for front yard covered porches that are a depth of eight (8) feet or more and one hundred (100) square feet or greater in area.
(c) Side yard, interior. Minimum six (6) foot or not less than ten (10) percent of the lot width, whichever is the greater setback.

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(d) Side yard, street facing. Minimum ten (10) foot setback. (e) Rear yard. Minimum of a ten (10) foot setback.
(f) Garage attached. Street facing garages shall be a minimum ten (10) foot setback from the front building line of the dwelling and shall be side facing in the front half (½) of the lot. Side entry garages minimum of 20-foot front yard setback. (g) Garage, detached. Zero (0) interior side and rear yard setbacks. Minimum five (5) foot rear yard setback for a garage that faces an alley. (7) Garages. Garages attached or detached shall be a sec ondary feature of the home.

Garages facing the street shall be located in the rear one-half (½) of the lot. Corner lot garages shall not face the street side yard.
(8) Off-street parking and driveways.
(a) A minimum of two (2) covered garage spaces per dwelling unit. (b) Minimum forty-five (45) feet between driveway curb cuts to accommodate two (2) on-street parking spaces between driveways. One (1) driveway curb cut per lot.
(9) Streets.
(a) Street layout . Interior streets shall connect to the inter nal streets of existing, adjacent neighborhoods, schools, commercial centers, civic buildings, and parks. (b) Street stub outs . Street stub outs shall be provided to connect to future subdivisions.
(c) Block length. Maximum six hundred sixty (660) foot blocks. (d) Rights-of-way. Minimum fifty-six (56) foot local street width. Minimum sixty (60) foot collector street width.
(e) Roadway width . Maximum thirty-six ( 36) foot local street width. Maximum forty (40) foot collector street width.
(f) Alley width. Maximum twenty (20) foot alley width. (g) Parkway. Minimum ten (10) foot parkway width. The parkway shall include a five (5) foot wide sidewalk and the area between the sidewalk and the curb shall be landscaped unless obstructed by public signage, fire hydrants or other safety equipment, or utility equipment.
(h) Traffic calming features. Subdivisions shall include traffic-calming features such as traffic circles, bulb -outs, center islands, chicanes, speed humps, bicycle

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lanes/shared lane markings (sharrows), or other traffic calming devices designed to minimize conflicts between vehicles and pedestrians, equestrians, and bicycles. (10) Street lighting.
(a) Street lighting shall be provided along all streets. (b) Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.
(11) Equestrian and pedestrian trail s and bicycle lane connections. Equestrian and pedestrian trails and bicycle lane connectivity through or adjacent to the single- family residential subdivision shall be provided. The pedestrian trails and bicycle lane connections shall be consistent with the Circulation Master Plan for Bicyclists and Pedestrians.
(12) Architecture. Architectural styles shall be consistent with the Architectural Styles Sheet of the Community Development Department , which includes Craftsmen, Victorian, California Bungalow, American Farmhouse, and California Ranch. The architectural styles within the subdivision shall:
(a) Be applied to new hom es and future additions to homes, including detached accessory structures; and
(b) Continue architectural features and fenestration on all sides of dwelling units. (13) Landscaping and Walls/Fences. The composition and location of landscaping shall comply with the provisions of Chapter 9.283 of this code and the following standards:
(a) Street trees. A minimum of one (1) canopy tree per lot or forty (40) feet of street frontage when permissible . Street trees shall be a minimum of two ( 2) inch caliper measured six (6) feet above the ground. A tree landscaped area shall be provided and be of an appropriate size to accommodate the mature size and height of the tree. Trees shall be located between the sidewalk and the curb. (b) Landscaping area. The front yard setback area shall be landscaped and include a minimum of one (1) 36-inch box canopy tree. Ninety (90) percent of the required lot open space shall be landscaped.
(c) Natural Features. Single-family residential subdivisions shall protect and preserve natural features such as, without limitation, unique natural terrain, rock outcropings, streams (perennial, intermittent, ephemeral), mature trees, and native habitat.

(d) Walls and fences.

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(i) Decorative masonry, wrought iron, wood, tubular steel, stone or river, rock or vinyl fencings with a natural wood appearance are permitted. (ii) Maximum six (6) foot high walls or fences. When walls or fences are located within a required street side setback, the walls or fences shall be open to view above forty-two (42) inches in height.
(iii) Chain-link, chicken wire, razor, serpentine barbed wire , electrified, and similar type fencing are prohibited.
(14) Affordability. Single-family residential subdivisions subject to this section shall be consistent with the affordable housing requirements of the Housing Element for the Jurupa Valley General Plan.”
Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 6. Effect of Ordinance . This Ordinance is intended to supersede any ordinance or resolution of the County of Riverside adopted by referen ce by the City of Jurupa Valley in conflict with the terms of this Ordinance.

Section 7. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED , AND ADOPTED by the City Council of the City of Jurupa Valley on this 3rd day of February, 2022.
______________________________
Chris Barajas
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-01 was introduced at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January, 2022 and thereafter at a regular meeting held on the 3rd day of February, 2022 , it was duly passed and adopted by the following vote of th e City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 3rd day of February, 2022.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

ATTACHMENT 2
Redline Ordinance with SB 330 edits
12774-0001\2592070v1.doc
ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY OF JURUPA VALLEY

AMENDING THE JURUPA VALLEY MUNICIPAL CODE

CONCERNING TRADITIONAL NEIGHBORHOOD

DESIGN STANDARDS, AND FINDING AN EXEMPTION
FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA

GUIDELINES

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Project Procedural Findings . The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the November 5, 2020 regular City Council meeting, the City Council initiated an amendment to Chapter 9.240 (“General Provisions”) of Title 9 (“Planning and Zoning”) of the Jurupa Valley Municipal Code, to adopt traditional neighborhood design standards for single-family residential neighborhoods (ZCA No. 21009) (the “Zoning Code Amendment”), and requested that the Planning Commission study and report on the proposed Zoning Code Amendment, as set forth in this Ordinance.
(b) On December 8, 2021, the Planning Commission of the City of Jurupa Valley held a public hearing on the proposed Zoning Code Amendment set forth in this Ordinance, at which time all persons interested in the proposed Zoning Code Amendment had the opportunity and did address the Planning Commission on these matters . Following t he receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearings and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2021-12-08-03 recommending that the City Council approve the proposed Zoning Code Amendment.
(c) On __________ ____, 2021, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the proposed Zoning Code Amendment , at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing and duly considered the written and oral testimony received. (d) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. California Environmental Quality Act Findings . The proposed Zoning Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the c ity’s local CEQA Guidelines pursua nt to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Zoning Code Amendment, adopting traditional neighborhood design standards for single -family residential developments, will have a significant effect on the environment. The proposed Zoning Code Amendment is an administrative process of the c ity that will not result in direct or indirect physical changes in the environment . The City Council has reviewed the administrative record concerning the proposed Zoning Code Amendment and the proposed CEQA determinations, and -2
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based on its own independent judgment, finds that the Zoning Code Amendment set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

b) LUE 2.1 Residential Development. The standards set forth in the Traditional Neighborhood Design are consistent with the policy by providing clear direction for how new detached residential subdivisions are to be designed.
c) LUE 2.4 Housing Quality and Variety. The standards set forth in the Tradition al N
eighborhood Design Ordinance allow for the development of a variety of high quality housing types, styles and densities that meet the needs of a range of lifestyles, physical abilities, and income levels in that architecture and design is required to be consistent with traditional neighborhood principles, that require a variety of historic architectural styles, design materials and floor plans and allow different density of houses from large to small-lot subdivisions that will range in cost and affordability and support a variety of housing needs in the city. Further, all Traditional Neighborhood Design subdivisions are required to meet affordability requirements of the Housing Element of the General Plan. d) LUE 2.5 Connectivity. The standards set forth in the Traditional Neighborhood Design Ordinance require connectivity of the subdivision with existing and future neighborhoods, parks , schools and public areas with internal street connections, bicycle lanes and trails, equestrian trails and sidewalks and pedestrian trails.
e) LUE 2.6 Buffering. Require setbacks set forth in the Traditional Neighborhood Design Ordinance include large useable open space areas that provide a buffer from adjacent uses as well as neighboring houses.
f) LUE 2.7 Reduced Street Widths. The standards set forth in the Traditional Neighborhood Design Ordinance require a maximum block length of 660 feet and 36 foot street improvement width. These shorter and narrower local streets than conventional subdivisions help reduce traffic speeds and conflicts with pedestrians, bicyclists, and equestrians that improve the safety and character of the neighborhood.
g) LUE 2.8 Supportive Uses. The standards set forth in the Traditional Neighborhood Design require new residential subdivisions to connect to recreation, public commercial or other facilities. The standards encourage shared community spaces, including parks, trails, community gardens, and other recreational and community amenities. -3
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h) LUE 2.9 Design Compatibility. The Traditional Neighborhood Design Ordinance standards require single-family subdivisions to meet traditional neighborhood design principles that include dwellings proportional to lot area, wide open space, historical Jurupa Valley quality architecture design and materials, and other compatible measures with the city’s existing semi-rural residential development patterns.
i) LUE 5.4 Residential Development. The standards set forth in the Traditional Neighborhood Design Ordinance include requirements for connectivity and integration with existing equestrian neighborhoods and preserving the city’s semi-rural equestrian lifestyle.

Section 4. Amendment to Chapter 9.240. A new Section 9.240.550 is hereby added to Chapter 9.240, General Provisions, of Title 9, Planning and Zoning, of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.240.550. - Traditional Neighborhood Design
A. Definitions. The following terms shall have the following meanings for the purposes of this section:
(1) Building scale means t he relationship between the mass of a building and its surroundings, including the width of street, open area of the lot, and mass of surrounding buildings. Mass is determined by the three -dimensional bulk of a structure: height, width, and depth.
(2) Floor area ratio or FAR means the ratio of a building’s total floor area (gross floor area) to the area of the piece of land upon which it is built. FAR is calculated by the following formula: FAR = gross floor area ÷ lot area.
(3) Single-family shall be defined as set forth in Section 9.10.490. (4) Traditional neighborhood means a single- family residential neighborhood with primarily one (1) story homes proportionately scaled to the lot, with large front yards generous space between homes, useable outdoor space, wide parkways with canopy street trees and sidewalks, shorter and narrower streets, with pedestrian and street connections to other neighborhoods, commercial centers, schools, civic buildings , and park and recreational spaces.

B. Purpose and intent . The purpose of this section is to establish clear guidance for the development and redevelopment of land for detached single-family res idential subdivisions consistent with the General Plan and design principles of traditional neighborhoods, known as traditional neighborhood developments. In order to facilitate approval of traditional neighborhood subdivisions that has a density that exceeds two (2) units per acre, the following design principles for the development of new single-family residential subdivisions are necessary:
(1) Encourage single-family subdivision design that is consistent with the city’s historic, traditional neighborhood character with mostly one (1) story homes and large yards; -4
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(2) Encourage affordable housing through development of subdivisions with smaller homes on smaller lots while creating neighborhoods that are consistent with t he community;s values as stated in the General Plan;
(3) Design homes that have a building scale to fit lot sizes without loss of functional outdoor spaces and yards;
(4) Provide connectivity with existing neighborhoods, commercial, civic, recreational , and open space uses in close proximity;
(5) Provide a mix of locally indigenous traditional architectural styles such as but not limited to Craftsmen, Victorian, California Bungalow, American Farmhouse, and California Ranch that are predominately one (1) story;
(6) Incorporate a system of intimate, narrow, interconnected streets with sidewalks, bikeways, and equestrian trails that offer multiple routes for motorists, pedestrians, equestrians and bicyclists, and provides for the connections to existing and fut ure developments; and
(7) Incorporate architectural and design features that create a unique neighborhood identity and enhance the visual character of the community.

C. Applicability. All detached single -family residential subdivisions that exceed a densi ty of two (2) units per acre, proposed or entitled after the effective date of this Ordinance, shall be designed and developed in accordance with this Section. Furthermore, additions or expansions to existing homes and accessory structures are subject to the provisions of this section. Residential subdivisions designed for multifamily units or attached dwelling units, such as clusters and condominiums, are not subject to the provisions of this section.

D. Procedural requirements.
(1) A traditional neighborhood design requires site development permit approval in accordance with Section 9.240.330. The site development permit shall be processed concurrently with the corresponding tentative tract or parcel map and the required approval body of the tentative map shall also have approval authority to take action on the site development permit. Development standards contained herein, may be waived or modified by the City Council as part of the site development permit process if it is determined that the standard is inappropriate, and that the waiver or modification of the standard will not be contrary to the public health and safety and is consistent with the Section (B) Purpose and Intent. When a modification to standards is requested, the Planning Commission shall make a recommendation to the City Council to approve, modify, or deny the site development permit and the requested modification of the standard in accordance with Section 9.05.110.
(2) Prior to submitting an application for a site development permit for a single -family residential subdivision subject to the provisions of this section, the applicant is encouraged to meet with the city to review submittal requirements and adherence to the traditional neighborhood design standards.
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E. Development standards. Unless otherwise prohibited by State law single-f amily residential subdivisions subject to this section shall be erected subject to the following development standards:
(1) Subdivision. design. The single-family subdivision design shall be consistent with the purpose and intent of the design principles set forth in subsection (B) of this section.
(2) Lot area. The minimum lot area is as required under the applicable zone classification for the subject property(s).
(3) Building height . Single-f amily r esidence shall not exceed thirty-five (35) feet in height and more than two (2) stories pursuant to the following:
(a) The number of lots within the subdivision with two (2) story dwellings shall not exceed twenty-five (25) percent;
(b) No two (2) story dwelling may be located on a lot adjacent to another two (2) story dwelling; and
(c) No two (2) story dwellings may be located on a corner lot. (4) Floor area ratio. The maximum FAR for a one (1) story dwelling, including the garage, shall not exceed .40. The maximum FAR for the ground floor of a two (2) story dwelling, including the garage, shall not exceed .25. The maximum FAR for the second floor of a two (2) story dwelling shall not exceed .15. (5) Open space. Not less than fifty (50) percent of the lot area shall be permeable open space. Not less than ninety (90) percent of the required o pen space area shall be landscaped.
(6) Setbacks. Provide useable open space areas with generous street side setbacks that enhance the visual appearance of the street parkway pursuant to the following:
(a) Front yard. Minimum twenty (20) foot front year setback. Front yard setbacks are required to vary in length, it is encouraged that there be an average front yard setback of twenty-five (25) for the entire subdivision. (b) Front yard covered porches. Minimum fifteen (15) foot setback for front yard covered porches that are a depth of eight (8) feet or more and one hundred (100) square feet or greater in area.
(c) Side yard, interior. Minimum six (6) foot or not less than ten (10) percent of the lot width, whichever is the greater setback.
(d) Side yard, street facing. Minimum ten (10) foot setback. (e) Rear yard. Minimum of a ten (10) foot setback.
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(f) Garage attached. Street facing garages shall be a minimum ten (10) foot setback from the front building line of the dwelling and shall be side facing in the front half (½) of the lot. Side entry garages minimum of 20-foot front yard setback. (g) Garage, detached. Zero (0) interior side and rear yard setbacks. Minimum five (5) foot rear yard setback for a garage that faces an alley. (7) Garages. Garages attached or detached shall be a secondary feature of the home.

Garages facing the street shall be located in the rear one half (½) of the lot. Corner lot garages shall not face the street side yard.
(8) Off-street parking and driveways.
(a) A minimum of two (2) covered garage spaces per dwelling unit. (b) Minimum forty-five (45) feet between driveway curb cuts to accommodate two (2) on-street parking spaces between driveways. One (1) driveway curb cut per lot.
(9) Streets.
(a) Street layout. Traditional neighborhood design shall maintain a similar pattern where present and restore connections where feasible. Interior streets shall connect to the inter nal streets of existing, adjacent neighborhoods, schools, commercial centers, civic buildings, and parks where feasible. (b) Street stub outs. Street stub outs shall be provided where appropriate to connect to future subdivisions.
(c) Block length. Maximum six hundred sixty (660) foot blocks. (d) Rights-of-way. Minimum fifty-six (56) foot local street width. Minimum sixty (60) foot collector street width.
(e) Roadway width. Maximum thirty -six ( 36) foot local street width. Maximum forty (40) foot collector street width.
(f) Alley width. Maximum twenty (20) foot alley width. (g) Parkway. Minimum ten (10) foot parkway width. The parkway shall include a five (5) foot wide sidewalk and the area between the sidewalk and the curb shall be landscaped unless obstructed by public signage, fire hydrants or other safety equipment, or utility equipmentto the maximum extent feasible. (h) Traffic calming features. Subdivisions shall include traffic calming features such as traffic circles, bulb -outs, center islands, chicanes, speed humps, bicycle lanes/shared lane markings (sharrows), or other traffic calming devices designed to minimize conflicts between vehicles and pedestrians, equestrians, and bicycles. -7
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(10) Street lighting.
(a) Street lighting shall be provided along all streets. Decorative street lights and poles are encouraged.
(b) Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.
(11) Equestrian and pedestrian trail s and bicycle lane connections . Equestrian and pedestrian trails and bicycle lane connectivity through or adjacent to the single- family residential subdivision shall be provided. The pedestrian trails and bicycle lane connections shall be consistent with the Circulation Master Plan for Bicyclists and Pedestrians.
(12) Architecture. Architectural styles shall be consistent with the Architectural Styles Sheet of the Community Development Department , which includes Craftsmen, Victorian, California Bungalow, American Farmhouse , and California Ranch or another architectural style that are historic to this region . The architectural styles within the subdivision shall:
(b) (a) Be applied to new homes and future additions to homes, including detached accessory structures Include a diversity of locally indigenous traditional architectural styles and floor plans;
(c) Include a variety of traditional architectural features that are respectful to each architectural style, such as covered front porches, fireplaces, bay windows, hooded front doors, or other similar architectural elements; (d) Include a variety of building materials such as stones, bricks, tiles, pavers, metals and wood; and
(eb) Continue architectural features and fenestration on all sides of dwelling units.
(13) Landscaping and Walls/Fences. The composition and location of landscaping shall comply with the provisions of Chapter 9.283 of this code and the following standards:
(a) Street trees. A minimum of one (1) canopy tree per lot or forty (40) feet of street frontage when permissible. Street trees shall be a minimum of two ( 2) inch caliper measured six (6) feet above the ground. A tree landscaped area shall be provided and be of an appropriate size to accommodate the mature size and height of the tree. Trees should preferably shall be located between the sidewalk and the curb and help create neighborhood identity.
(b) Landscaping area. The front yard setback area shall be landscaped and include a minimum of one (1) 36-inch box canopy tree. Ninety (90) percent of the required lot open space shall be landscaped.

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(c) Natural Featur es. Single-family residential subdivisions shall protect and preserve natural features such as, without limitation, unique natural terrain, rock outcropings, streams (perennial, intermittent, ephemeral), mature trees, and native habitat wherever possible.

(d) Neighborhood identity features . Each single -family residential subdivision subject to this section shall include unique design features to create a unique community identity. Examples of such design features include, without limitation:
(i) Enriched pavement at entrances, crosswalks, and sidewalks; (ii) Use of rocks, stones, wood, bricks, pavers, metals, and other decorative materials; (iii) Ornamental streetlights;
(iv) Landscape swales and other natural appearing stormwater management features; (v) Landscaping of traffic circles, bulb outs, knuckles, and medians; and (vi) Shared community spaces, including parks, trails, community garden, and other recreational amenities.
(ed) Walls and fences.
(i) Decorative masonry, wrought iron, wood, tubular steel, stone or river, rock or vinyl fencings with a natural wood appearance are permitted. (ii) Maximum six (6) foot high walls or fences. When walls or fences are located within a required street side setback, the walls or fences shall be open to view above forty-two (42) inches in height.
(iii) Chain-link, chicken wire, razor , serpentine barbed wire, electrified, and similar type fencing are prohibited.
(14) Affordability. Single-family residential subdivisions subject to this section shall be consistent with the affordable housing requirements of the Housing Element for the Jurupa Valley General Plan.”
Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 6. Effect of Ordinance. This Ordinance is intended to supersede any ordinance or resolution of the County of River side adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.

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Section 7. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be publ ished or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this ___ day of _______, 2021.
______________________________
Lorena Barajas
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2021-__ was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the ____ day of __________, 2021, and thereafter at a regular meeting held on the ____ day of __________, 2021, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this ____ day of __________, 2021. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

ATTACHMENT 3
Adopted Planning Commission Resolution No. 2021-12-08-03

ATTACHMENT 5
Traditional Neighborhood Design Applicable Area Map

Traditional Neighborhood Design Applicable Area Map
Land Use Density > 2 units/acre
/gid00015

ATTACHMENT 5
Residential Style Sheet

Page | 1
120

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: AGENDA ITEM NO. 16.C

PUBLIC HEARING REGAR DING THE ANNEXATION OF TERRITORY
(ZONE Z) TO THE CITY OF JUR UPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED (THE “DISTRICT”) AND THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN SUCH TERRITOR Y; SOUTHEAST CORNER OF RUBIDOUX

BOULEVARD AND EL RIVINO ROAD (AGUA MANSA COMMERCE PARK)

RECOMMENDATION
1) That the City Council adopt Resolution No. 2022-05, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ORDERING THE ANNEXATION OF TERRIT ORY (ZONE Z);

LOCATED AT THE SOUTHEAST CORNER OF RUBIDOUX BOULEVARD

AND EL RIVINO ROAD I NTERSECTION, TO CITY OF JURUPA VA LLEY LANDSCAPE AND LIGHTI NG MAINTENANCE DISTR ICT NO. 89 -1-

CONSOLIDATED, CONFIR MING A DIAGRAM AND A SSESSMENT,

ORDERING THE IMPROVEMENTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN S UCH TERRITORY FO R FISCAL YEAR 2022 -23 PURSUANT TO THE PROV ISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS A ND HIGHWAYS CODE AND AS PROVIDED BY

ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION

BACKGROUND
The Landscaping and Lighting Act of 1972, being Part 2 of Di vision 15 of the California Streets and Highways Code (the “Act”) and Article XIII D of the California Constitution (“Proposition 218”), requires the City Council conduct proceedings to annex territory into an assessment district formed under the Act and t o levy assessments within such territory.

RETURN TO AGENDA
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In connection with the City’s incorporation in 2011, the Local Agency Formation Commission of Riverside County (LAFCO) adopted its Resolution No. 12 -10 on July 22, 2010, to establish the Terms and Conditions of I ncorporation, which require that the authority and responsibility for special assessment districts within the incorporated City associated with any County Landscape Maintenance District be transferred to the City upon its incorporation.

By its Resolution No. 2011-26, adopted on July 1, 2011, the City Council assumed all authority and responsibility for the special assessment districts within the incorporated City associated with any County Landscape Maintenance District and specifically assumed responsibility for any and all special assessments levied in connection with such districts.

The County’s Landscape and Lighting Maintenance District No. 89 -1-Consolidated (the “County District”), established pursuant to the provisions of the Act includes various territories located both within the incorporated boundaries of the City (the “City Territory”) and outside the incorporated boundaries of the City (the “County Territory”). Pursuant to its Resolution No. 2016-01 adopted on February 4, 2016, the City declared that the City Territory is a district under the 1972 Act, which is separate and di stinct from the County Territory, and designated such territory as the “Jurupa Valley Landscape and Lighting Maintenance District No. 89-1-Consolidated.”

At its December 2, 2021 meeting, the City Council adopted Resolution No. 2021-93 initiating proceedings for the annexation of territory to the Jurupa Valley Landscape and Lighting Maintenance District No. 89 -1-Consolidated (the “District”) as Zone Z and the levy and collection of assessments within such territory. The territory proposed to be annexed includes 13 parcels identified as APNs 175 -170-036, 175-170-040, 175-170- 043, 175-170-046, 175-180-001, 175-200-001, 175-200-002, 175-200-003, 175-200-004, 175-200-005, 175 -200-007, 175 -200-008, and 175 -200-009 (TPM 37528), generally located at the southeast corner of Rubidoux Boulevard and El Rivino Road.

Further, the City Council adopted Resolution No. 2021-95 declaring its intention to annex territory to the District and to levy and collect assessments with in such territory for fiscal year 2022-2023. Resolution No. 2021-95 set January 20, 2022 as the public hearing date for protests to the levy of annual assessments and the annexation.

Subsequent to the December 2, 2021 meeting and in accordance with the Act and Proposition 218, notice was mailed to the owners of the properties with in the territory to be annexed, along with an assessment ballot for such owners to indicate support for, or opposition to, the proposed annexation. The notice indicated the amount of the proposed assessment for their respective parcels and the date, time and place of the public hearing.

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ANALYSIS

It is proposed to include the additional parcels within the boundaries of the District and to levy assessments within such territory for fiscal year 2022-2023. Such territory is shown on a map on file in the office of the City Clerk and is open to public inspection.

At the public hearing, the City Council must hear and consider all oral and written statements, protests, objections or other communications ma de or filed with respect to the annexation of territory to the District and the levy and collection of annual assessments within such territory.

The assessment ballots must be tabulated at the public hearing. A majority protest exists if ballots submitted in opposition to the assessment and annexation exceed the ballots submitted in favor of the assessment and annexation. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. In the absence of a majority protest, the City Council may adopt a resolution ordering the annexation and levy and collection of assessments within the territory.

OTHER INFORMATION

 City Council initiated proceedings for the annexation on December 2, 2021.

FINANCIAL IMPACT

The property owners are responsible for the annual payments of the special assessment.

The City will file the special assessment with the County Auditor-Controller for collection via the annual property tax bills . The property owners h ave posted a deposit with their application to form Zone Z, in order to cover City costs incurred in connection with the annexation. Approval of this resolution does not in any way commit the City to any financial contribution or liability for the Zone Z. The City’s cost to administer Zone Z annually will be reimbursed through the special assessment charged to property owners.

The fiscal year 2022-2023 (base year) maximum assessment for landscape maintenance and street lighting for the Zone is $133,524 and it will be apportioned based on the number of assessable acres of each benefiting parcel within the zone boundary. The special assessment is subject to escalation beginning in FY 2023-2024 to account for reasonable increase cost for maintenance and inflation.

The revenue from this special assessment will be deposited into City of Jurupa Valley L&LMD 89-1-C and will be used to pay for the services provided in Zone Z as identified on the Engineer’s Report . Both the revenue and expenses wi ll be part of the City’s FY 2022-2023 Adopted Budget, and there is no anticipated impact to the general fund.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2022-05, ordering annexation of territory to the District and the levy and collect assessments with in such territory for fiscal year 2022-2023.

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ALTERNATIVES

1. Take no action.

2. Provide staff with further direction.

************************** SIGNATURES ON FOLLOWING PAGE **************************

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RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, ORDERING THE ANNEXATION
OF TERRITORY (ZONE Z); LOCATED ON SOUTHEAST CORNER

OF RUBIDOUX BOULEVARD AND EL RIVINO ROAD, TO CITY OF

JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89 -1-CONSOLIDATED, CONFIRMING A DIAGRAM

AND ASSESSMENT, ORDERING THE IMPROVEMENTS AND THE

LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH
TERRITORY FOR FISCAL YEAR 2022 -2023 PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISIO N 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE AND ARTICLE XIII D OF THE

CALIFORNIA CONSTITUTION

THE CITY COUNCIL OF THE CITY OF JURUPA V ALLEY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1. Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), the City Council of the City of Jurupa Valley initiated proceedings for the annexation of territory to City of Jurupa Valley Landscape and Lighting Maintenance District No. 89- 1-Consolidated (hereinafter referred to as the "District") and the levy and collection of assessments within such territory for the 2022-2023 fiscal year and caused to be prepared a written report (the "Engineer's Report") in accordance with the Act and Article XIII D of the California Constitution.

Section 2. Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer's Report, the annexation of territory to the District, and the levy and collection of the proposed assessment within such territory for fiscal year 2022-2023. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral and written statements, protests and communications made or filed by interested persons and tabulated all ballots. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution. All protests and objections to the annexation of territory to the District and the levy and collection of the proposed assessment against lots or parcels of property within the annexed territory for fiscal year 2022-2023 are hereby overruled by the City Council.

Section 3. The City Council hereby orders the annexation of territory, which is described as Assessor 's Parcel Numbers 175-170-036, 175 -170-040, 175 -170-043, 175 -170-046, 175-180-001, 175 -200-001, 175 -200-002, 175 -200-003, 175-200-004, 175 -200-005, 175 - 200-007, 175-200-008, and 175-200-009 to the District. The District will continue to be designated as City of Jurupa Valley Landscape and Lighting Maintenance District No. 89- 1- Consolidated.

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Section 4. Based upon its review of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the land within the annexed territory will be benefited by the improvements as described in such Engineer 's Report, (ii) the annexed territory includes all of the lands so benefited , (iii) the net amount to be assessed upon the lands within the annexed territory for the 2022-2023 fiscal year, in accordance with the Engineer's Report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements; and (iv) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Section 5. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation within the public right -of-way parkway landscaped area on Rubidoux Boulevard, El Rivino Road, and Hall Street, as identified on the approved L&LMD Landscape Plans for this Zone Z; the installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris; the installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities; the operation and maintenance cost of streetlights located within the public right -of-way on Rubidoux Bo ulevard, El Rivino Road, Hall Avenue, and Brown Avenue, as identified on the approved Streetlight Plans for the Agua Mansa Commerce Park; the operation and maintenance cost of traffic signals at the intersections of El Rivino Road and Cactus Avenue, Rubidoux Boulevard and Sandstone Road, El Rivino Road and Rubidoux Boulevard, El Rivino Road and Hall Avenue, and Rubidoux Boulevard and Market Street; and the maintenance and/or servicing of any of the foregoing.

Section 6. Lots or parcels of land within the annexed territory that are owned or used by any county, city, city and county, special district or any other local governmental entity, the State of California, or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.

Section 7. The City Council hereby confirms the diagram and assessment, with respect to the annexed parcels, as originally proposed in the Engineer's Report and as revised by the diagram, attached hereto as Exhibit A and incorporated herein as though set forth in full.

Section 8. The assessment is in compliance with the provisions of the Act and Article XIIID of the California Constitution.

Section 9. The assessment is levied without regard to property valuation.

Section 10. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 above for the fiscal year commencing on July 1, 2022 and ending on June 30, 2023.

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Section 11. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

Section 12. The improvements shall be performed pursuant to law.

Section 13. The County Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Administrative Services Director.

Section 14. The Administrative Director shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as "City of Jurupa Valley L&LMD 89-1-C Zone Z" and such moneys shall be expended only for the improvements described in Section 5 above.

Section 15. The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 16. A certified copy of the diagram and assessment shall be filed in the office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection

PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.

Chris Barajas
Mayor
ATTEST:

Victoria Wasko, CMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-05 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

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V
8 9 3 0 L i m o n i t e A v e n u e | J u r u p a V a l l e y , C A 9 2 5 0 9 DECEMBER 2021

CITY OF JURUPA VALLEY
ENGINEER’S REPORT FOR

CITY OF JURUPA VALLEY

LANDSCAPE AND LIGHTING

MAINTENANCE DISTRICT
NO. 89-1-CONSOLIDATED
ZONE Z

AGUA MANSA COMMERCE PARK
Prepared By:

HR Green Pacific
1260 Corona Pointe Court, Suite 305
855.900.4742

www.hrgreen.com

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Table of Contents
EXECUTIVE SUMMARY .................................................................................................................................. 4 INTRODUCTION ......................................................................................................................................... 4 DEFINITIONS .............................................................................................................................................. 4 PART I – BOUNDARIES OF THE DISTRICT ....................................................................................................... 6 LOCATION OF THE ASSESSMENT ZONE ..................................................................................................... 6 PART II – PLANS AND SPECIFICATIONS FOR CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE Z .............. 7 LANDSCAPING IMPROVEMENTS ............................................................................................................... 7 STREET LIGHTING IMPROVEMENTS .......................................................................................................... 8 TRAFFIC SIGNAL IMPROVEMENTS ............................................................................................................ 8 PART III – FINANCIAL ANALYSIS .................................................................................................................... 9 INTRODUCTION ......................................................................................................................................... 9 MAXIMUM ASSESSMENT METHODOLOGY ............................................................................................... 9 COST ESTIMATE ....................................................................................................................................... 10 PART IV – ASSESSMENT DIAGRAM.............................................................................................................. 13 PART V – ASSESSMENT ROLLS ..................................................................................................................... 13

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AGENCY: CITY OF JURUPA VALLEY
SUBJECT: ANNEXATION OF AGUA MANSA COMMERCE PARK TO CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.89-1-CONSOLIDATED (“CITY OF JURUPA VALLEY L&LMD NO.89-1-C”) AS ZONE Z
TO: CITY OF JURUPA VALLEY CITY COUNCIL

Pursuant to the direction from the City Council of the City of Jurupa Valley (“City Council”), California, this Engineer’s Report (“Report”) is prepared and hereby submitted for the City of Jurupa Valley (“City”) in compliance with the provisions of Section 22565 through 22574 of the Landscaping and Lighting Act of 1972 (“1972 Act”), said Act being Part 2 of Divisi on 15 of the Streets and Highways Code of the State of California, Section 4 of Article XIII D of the California Constitution.

This Report provides for the annexation of a portion of Agua Mansa Commerce Park to City of Jurupa Valley L&LMD No. 89 -1-C as Zone Z and establishes the Maximum Assessment to be levied in the Fiscal Year commencing July 1, 2022 to June 30, 2023 (2022-2023) and continuing in all subsequent Fiscal Years, for this area to be known and designated as:

CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE Z

AGUA MANSA COMMERCE PARK
I do hereby assess and apportion the total amount of the costs and expenses upon several parcels of land within said designated area liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

NOW, THEREFORE, I, the appointed ENGINEER, acting on behalf of the City of Jurupa Valley, pursuant to the 1972 Act, do hereby submit the following:

Pursuant to the provisions of law, the costs and expenses of the Zone have been assessed upon the parcels of land in the Zone benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included herein.

As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the Zone, as well as the boundaries of the respective parcels and subdivisions of land within said Zone as they exist, as of the date of this Report, each of which subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract and indicated on said Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.

The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram/Boundary Map and Assessment Roll, correspond with the numbers assigned t o each parcel by the Riverside County Assessor. Reference is made to the County Assessor Roll for a description of the lots or parcels.
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As of the date of this Report, there are no parcels or lots within Zone Z that are owned by a federal, state or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.

December 2nd, 2021.

Steve Loriso, R.C.E. 64701

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EXECUTIVE SUMMARY

INTRODUCTION
Pursuant to the provisions of law, the costs and expenses of the Zone have been assessed upon the parcels of land in the Zone benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For pa rticulars as to the identification of said parcels, reference is made to the Assessment Diagram/Boundary Map, a reduced copy of which is included herein. On this 2nd day of December, 2021 the City Council, City of Jurupa Valley, State of California, ordering the preparation of the Report providing for th e annexation of a portion of Agua Mansa Commerce Park to L&LMD No. 89 -1-C as Zone Z did, pursuant to the provisions of the 1972 Act, being Division 15 of the Streets and Highways Code of the State of California, adopt Resolution No. 2021-XX for a special assessment district zone known and designated as:

ZONE Z

AGUA MANSA COMMERCE PARK
The annexation of Zone Z includes the parcels of land within the industrial center known as Agua Mansa Commerce Park, located within Tentative Parcel Map number 37528 (T PM37528). As of the date of this report, the zone contains thirteen (13) assessable parcels; also identified by the Assessor Parcel Number(s) 175-170-036, 175-170-040, 175-170-043, 175-170-046, 175-180-001, 175-200-001, 175-200-002, 175-200-003, 175-200-004, 175-200-005, 175-200-007, 175-200-008, and 175-200-009. As required by law, an Assessment Diagram/Boundary Map is filed herewith, showing the Zone, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said Zone as they exist, as of the date of this Report, each of which subdivisions of land or parcels or lots, respectively, have been assigned a parcel/lot number within a specific tract and indicated on the Assessment Diagram/Boundary Map and in the Assessment Roll contained herein.

The following report presents the engineering analysis for the annexation of Zone Z and the establishment of the Maximum Assessment to be levied and collected commencing Fiscal Year 2022-2023 and all subsequent fiscal years.

DEFINITIONS
Agency – Means the local government, City of Jurupa Valley.

Capital cost – Means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by the Agency.

District – Means an area determined by the Agency to contain all parcels which will receive a special benefit from a proposed public improvement of property-related service.

Maintenance and operation expenses - Means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision 2021-94
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necessary to properly operate and maintain a permanent public improvement.

Ad Valorem Reduction – The corresponding general benefit value of the improvements.

Special benefit – Means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”

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PART I – BOUNDARIES OF THE DISTRICT

LOCATION OF THE ASSESSMENT ZONE

Zone Z shall consist of a benefit zone encompassing the properties within the industrial development known as Agua Mansa Commerce Park. The proposed improvements described in this Report are based on current development and improvement plans provided as of the date of this Report.

Zone Z is generally located on the southeast corner of Rubidoux Boulevard and El Rivino Road intersection, in the City of Jurupa Valley, in the County of Riverside, State of California. At the time of this assessment, the assessment zone consists of 13 assessable (legal) parcels and zero n on-assessable parcels. Zone Z consists of all lots/units, parcels, and subdivisions of land located in the following development area:

Agua Mansa Commerce Park – Assessor Parcel Numbers as of date of this Report: 175-170-036, 175- 170-040, 175-170-043, 175-170-046, 175-180-001, 175-200-001, 175-200-002, 175-200-003, 175-200- 004, 175-200-005, 175-200-007, 175-200-008, and 175-200-009.

Note: Tentative Parcel Map No. 37528 consists of 9 assessable parcels and 4 non-assessable parcels. The non-assessable parcels include two open space lots (Lot No. 10 and Lot No. 11) and two undevelopable parcels located on the west side of the Agua Mansa Commerce Park development (Lot No. 12 and Lot No. 13). This report will provide the base year assessment as detailed in the Maximum Assessment Methodology section and assuming recordation of Parcel Map No. 37528. 7 | P a g e

PART II – PLANS AND SPECIFICATIONS FOR CITY OF JUR UPA VALLEY L&LMD NO. 89-1-C ZONE Z

The services to be funded by City of Jurupa Valley L&LMD No. 89 -1-C Zone Z include the landscape maintenance within industrial development designated as Agua Mansa Commerce Park . The p roposed improvements, the associated costs, and assessments have been carefully reviewed, identified, and allocated based on:
a. Level of Service
b. Improvement Types
c. Proximity to Improvement
d. Levels of Special Benefit from Zone (on Public versus Private) The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The 1972 Act further provides that assessments may be apportioned upon all assessable lot(s) or parcel(s) of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than by assessed value.

It was determined that the improvements identified by this report will directly benefit the parcels to be assessed within Zone Z. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing district as well as provide for annual maintenance of those improvements and the assessment revenues generated by the Zone will be used solely for such purpose.

LANDSCAPING IMPROVEMENTS
The assessment will provide for l andscaping servicing and maintenance on public right -of-way and as approved by the City during the Tentative Parcel Map (TPM37528) approval. The following apply:

1. Servicing: the furnishing of water for the irrigation of any landscaping or the maintenance of any other improvements.

2. Maintenance: the furnishing of se rvices and materials for the ord inary and usual maintenance, operation and servicing of any improvement, including the repair, removal, or replacement of all of part of landscape improvements. Maintenance shall also include tree trimming for the trees identified on the approved L&LMD Landscape Plans for Zone Z.

The benefits associated with landscaping improvements include:

1. Enhanced environmental quality of the parcels through improved erosion resistance, dust and debris control, and fire protection.

2. Reduced criminal activity and property -related crimes (especially vandalism) against properties through well-maintained surrounding and amenities.
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3. Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuation noise.

STREET LIGHTING IMPROVEMENTS
The assessment will provide for the operating energy cost and maintenance of the street lights servicing the industrial development, Agua Mansa Commerce Park , as shown in the Street Improvement Plans prepared for the development and approved by the City Engineer.

The benefits associated with streetlight improvements include:

1. Enhanced deterrence of crime such as vandalism and other criminal activities which would reduce damage to improvements or property.

2. Improved visibility to assist police in the protection of property.

3. Improved visibility for egress from and ingress to the property.

There are twenty-three streetlights considered for this assessment. The fifteen (15) streetlights along the south side of El Rivino Road, two (2) along the west side of Hall Avenue, one (1) at the project entrance at Brown Avenue, and five (5) along the east side of Rubidoux Boulevard.

TRAFFIC SIGNAL IMPROVEMENTS
The assessment will provide for the operating energy cost and maintenance of the traffic signals servicing and required due to the new industrial development, Agua Mansa Commerce Park, as shown in the Street Improvement Plans prepared for the development and approved by the City Engineer.

The benefits associated with traffic signal improvements include:

1. Enhanced circulation at roadway intersections.

2. Enhanced traffic handling capacity of an intersection.

3. Improved safety and efficiency of pedestrian and vehicular traffic.

4. Improved visibility for egress from and ingress to the property.

There are five intersections included on this assessment: El Rivino Road & Cactus Avenue, Rubidoux Boulevard & Sandstone Road, El Rivino Road & Rubidoux Boulevard, El Rivino Road & Hall Avenue, Agua Mansa Road & Market Street, and Rubidoux Boulevard & Market Street. 9 | P a g e

PART III – FINANCIAL ANALYSIS

INTRODUCTION
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the Zone Z to fairly apportion the costs based on the estimated benefit to each parcel.

The landscaping , streetlight, and tra ffic signal improvements included on this assessment for Zone Z provide direct and special benefit to the lots or parcels within the Zone. Therefore, the maintenance of these improvements also provides direct and special benefit by maintaining the function ality of the improvements and allowing the improvements to operate in a proper manner.

Because all benefiting properties consist of a uniform land use, it is determined that all (any) industrial parcels benefit equally from the improvements and the costs a nd expenses for the maintenance and servicing of landscaping and streetlight are apportioned on a per acre basis.

The total benefit from the works of improvement is a combination of the special benefits to the parcels within the Zone and the general benefits to the public at large and to adjacent property owners. A portion of the total maintenance costs for the landscaping and streetlights, if any, associated with general benefits will not be assessed to the parcels in the Zone, but will be paid from other City of Jurupa Valley funds.

No property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. Additionally, because the benefiting properties consist of a uniform land use (industrial), it is determined that each of the parcels within the Zone benefit equally form the improvements. Therefore, the proportionate share of the costs and expenses for the provisions of landscaping, as well as costs and expenses for the maintenance of the landscaping, are apportioned equally on a per acre basis.

MAXIMUM ASSESSMENT METHODOLOGY
The following methodology was adopted by City Council in Resolution No. 2016 -01 dated February 4, 2016. Such methodology has been maintained in preparation of this Report. The purpose of establishing a Maximum Assessment formula is to provide for reasonable increases and inflationary adjustments to annual assessments without requiring costly noticing and mailing procedures, which would add to the Zone Z costs and assessments.

The Maximum Assessment formula shall be applied to all assessable parcels of land within the Zone. For Zone Z, the initial Maximum Assessment(s) for Fiscal Year 2022-2023 are as follows:

1. The initial Total Maximum Assessment established within Zone Z shall be $133,524.

2. The initial Maximum Assessment per assessable (existing) acre shall be $660.94.

3. The initial Maximum Assessment per assessable acre provided Parcel Map No. 37528 records prior to the base year assessment shall be $660.94.
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The initial Maximum Assessment is subject to an annual inflator starting in Fiscal Year 2023-2024. The initial Maximum Assessment shall be adjusted by the greater of two percent (2%) or the cumulative percentage increase in the CPI -U Index published by the Bureau of Labor Statistics of the United States Department of Labor.

The Maximum Assessment is adjusted annually and is calculated independent of Zone Z’s annual budget and proposed annual assessment. The proposed annual assessment (rate per assessable pa rcel) applied in any fiscal year is not considered to be an increased assessment if less than or equal to the Maximum Assessment amount. In no case shall the annual assessment exceed the Maximum Assessment.

Although the Maximum Assessment will increase each year, the actual Zone Z assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish reasonable limits on Zone Z assessments. The Maximum Assessment calculated each year does not require or facilitate an increase of the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year require an increase and the increase is more than the adjusted Maximum Assessment, it is considered an increased assessment.

To impose an increase assessment, the City of Jurupa Valley must comply with the provisions of the California Constitution Article XIII D Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owner through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for Zone Z . If the proposed assessment is not approve d, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for Zone Z.

COST ESTIMATE
The Ad Valorem reduction is the corresponding general benefit value of the improvements, and it is determined by identifying the general public benefit from the installation and upkeep of the improvements identified on this report. All proposed landscape, water quality improvements, and lighting improvements contained within this report are located directly in front of the assessed zone and the construction and installation of the improvements were only necessary for the development of properties within the Zone. Therefore, it was determined that any public access or use of these local improvements by others is incidental and there is no measurable general benefit to properties outside the one or to the public at large. The Ad Valorem reduction for these improvements is zero.

The traffic signal at El Rivino Road and Cactus Avenue will be a new traffic signal located at the development’s main access point to El Rivino Road. The traffic signal will be partially located in the City of Rialto. Based on the traffic analysis prepared for this project and the traffic signal location, an ad valorem reduction has been provided. The district will be assessed for 50% of the estimated maintenance and operation cost.

The traffic signal at Rubidoux Boulevard and Sa ndstone Road will be a new traffic signal located at the development’s overall main access on Rubidoux Boulevard. The traffic analysis prepared for this project and traffic signal location was considered and it was determined that any public access or use of these 11 | P a g e

local improvements by others is incidental and there is no measurable general benefit to properties outside the one of to the public at large. The Ad Valorem reduction for these improvements is zero.

The traffic signal at El Rivino Road and Rubidoux Boulevard is an existing traffic signal. The traffic signal is partially located in the City of Rialto. Based on the traffic analysis prepared for this project and the traffic signal location, an ad valorem reduction has been provided. The district will be assessed for 40% of the estimated maintenance and operation cost.

The traffic signal at El Rivino Road and Hall Avenue, will be a new traffic signal partially located in the City of Rialto. Based on the traffic analysis prepared for this project and th e traffic signal location, an ad valorem reduction has been provided. The district will be assessed for 40% of the estimated maintenance and operation cost.

The traffic signal at Agua Mansa Road and Market Street is an existing traffic signal. Based on the traffic analysis prepared for this project and the traffic signal location, and ad valorem reduction has been provided. The district will be assessed for 20% of the estimated maintenance and operation cost.

The traffic signal Rubidoux Boulevard and Mar ket Street is an existing traffic signal. Based on the traffic analysis prepared for this project and the traffic signal location, and ad valorem reduction has been provided. The district will be assessed for 30% of the estimated maintenance and operation cost.

The Assessment for each assessable parcel within Zone Z is calculated by dividing the total Annual Balance to Levy minus the Ad Valorem Reduction by the total number of assessable subdivided parcels within Zone Z to determine the Annual Assessment per assessable parcel.

𝐴𝑛𝑛𝑢𝑎𝑙 𝐵𝑎𝑙𝑎𝑛𝑐𝑒 𝑡𝑜 𝐿𝑒𝑣𝑦 − 𝐴𝑑 𝑉𝑎𝑙𝑜𝑟𝑒𝑚 𝑅𝑒𝑑𝑢𝑐𝑡𝑖𝑜𝑛
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑎𝑐𝑟𝑒𝑠 = 𝐴𝑛𝑛𝑢𝑎𝑙 𝐴𝑠𝑠𝑒𝑠𝑠𝑚𝑒𝑛𝑡 𝑝𝑒𝑟 𝑎𝑠𝑠𝑒𝑠𝑠𝑎𝑏𝑙𝑒 𝑎𝑐𝑟𝑒𝑠 The Annual Balance to Levy is the Total Annual Landscaping Costs plus the Total Annual Streetlight Costs as seen in the following summary table:

12 | P a g e

CITY OF JURUPA VALLEY L&LMD NO. 89-1-C ZONE Z

AGUA MANSA COMMERCE PARK
FY 2022-2023
Total Assessable Acres: 202.02 acres Total Assessable Parcels (TPM No. 37528): 9 Cost Description Total Cost for
Zone Z
Cost per Acre
for Zone Z
Landscaping:

Annual Landscaping Maintenance: $42,284.22 $209.31
Tree Trimming : $20,000.00 $99.00
Water (including water meter) $9,804.00 $48.53
Fertilizer Injector $4400.00 $2.18
Electricity (including electric meter) $600.00 $2.97
Mulch : $1,459.50 $21.05
Calsense Single: $500.00 $2.48
Backflow Certificate : $100.00 $0.50
Graffitti Abatement: $3.25 $0.01
TOTAL ANNUAL LANDSCAPING COSTS : $77,982.02 $386.01

Streetlighting:

Streetlights LED (Rubidoux Boulevard): $1,960.61 $9.71
Streetlights LED (El Rivino Road, Hall Avenue, Brown Avenue): $612.08 $3.03 TOTAL ANNUAL STREETLIGHTING COSTS : $2,572.68 $12.73

Traffic Signals:

Traffic Signal at El Rivino Road & Cactus Avenue $5,000.00 $24.75 Traffic Signal at Rubidoux Boulevard & Sandstone Road $10,000.00 $49.50 Traffic Signal at El Rivino Road & Cedar-Rubidoux Boulevard $4,000.00 $19.80 Traffic Signal at El Rivino Road & Hall Avenue $4,000.00 19.80 Agua Mansa Road/Market Street $2,000.00 $9.90
Traffic Signal at Rubidoux Boulevard & Market St./20TH St. $3,000.00 $14.85 TOTAL TRAFFIC SIGNAL COSTS : $28,000.00 $138.60

ADMINISTRATION (8%) $8,684.46 $42.99
INSPECTION (5%) $5,427.79 $26.87
OPERATING RESERVE, REPARIS AND REPLACEMENTS (10%) $10,855.57 $53.73

TOTAL ANNUAL ASSESSMENT: *$133,524.00 *$660.94
*Rounded to nearest dollar
INITIAL MAXIMUM ASSESSMENT PER ASSESSABLE ACRE : $660.94

13 | P a g e

PART IV – ASSESSMENT DIAGRAM
(See next page)

ASSESSMENT DIAGRAM/ BOUNDARY MAP
CITY OF JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED ZONE Z LLMD89-1-C
PM 37528

CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

BEING A SUBDIVISION OF LOTS 4, 7, 8, 9 AND 15 AND PORTION OF LOT 3, ALL LOTS OF MAP OF RIVINO HEIGHTS BLOCK 1, AS PER MAP RECORDED IN BOOK 5, PAGES 145 OF MAPS, TOGETHER WITH PORTIONS OF RIVINO BOULEVARD (VACATED), ALSO TOGETHER WITH LOTS 1 THROUGH 18, INCLUSIVE, OF RIVINO GARDENS, AS PER MAP RECORDED IN BOOK 21, PAGE 29 OF MAPS, ALSO TOGETEHR WITH PARCEL “B” OF LOT LINE ADJUSTMENT NO. 5218, RECORDED MAY 29, 2008 AS INSTRUMENT NO. 2008-0291639 OF OFFICIAL RECORDS, AND PARCELS “A”, “B”, AND “C” OF LOT LINE ADJUSTMENT NO. LLA 1718, RECORDED JUNE 30, 2021 AS INSTRUMENT NO. 2021-0394779 OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITH SECTIONS 2 AND 3, TOWNSHIP 2 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

ASSESSOR’S PARCEL NUMBER AS
OF DATE OF ENGINEER’S REPORT 175-170-040 (A)
175-170-046 (P)
175-200-001 (P)
175-200-008 (P)

175-200-008 (P)
For details concerning the lines and
dimensions of the applicable Assessor’s
Parcel numbers, refer to the County
Assessor’s Map as of the date of the
Report.

Subzone Boundary
ALL

PORTION
175-170-036
175-170-040
175-170-043
175-170-046

Project Site
175-180-001
175-200-001
175-200-002
175-200-003

175-200-004
175-200-005
175-200-007
175-200-008

175-200-009

VICINITY MAP
175-200-002 (A)
175-200-003 (A)
175-200-004 (A)
175-200-005 (A)
175-200-007 (A)
175-170-046 (A)
175-170-043 (A)
175-170-046 (P)
175-180-001 (P)
175-200-001 (P)
175-200-009 (P)

175-170-046 (P)
175-180-001 (P)
175-200-009 (P)

175-170-046 (A)

EL RIVINO ROAD
(A)
(P)
Legend
175-200-008 (A)
15 | P a g e

PART V – ASSESSMENT ROLLS

Parcel identification for each parcel within Zone Z shall be the parcels as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

Zone Z includes the following Assessor’s Parcel Numbers (APNs) as of the date of this Report: 175-170- 036, 175 -170-040, 175 -170-043, 175 -170-046, 175 -180-001, 175 -200-001, 175 -200-002, 175 -200-003, 175-200-004, 175-200-005, 175-200-007, 175-200-008, and 175-200-009 .

The foregoing APNs are included within the boundary of P arcel Map No. 37528. The assessment to be levied upon each parcel that benefits from the annexation of Zone Z to L&LMD No. 89-1-C will be $660.94 per acre for fiscal year 2022 -23. As stated in this Report, the total budget for Zone Z for the fiscal ye ar 2022-23 is $133,524.00 . Parcel Map No. 37528 is anticipated to record prior to the base year of assessment (FY22-23); therefore, the initial Maximum Assessments per assessable parcel for Zone Z are as follows:

Lot Number per
TPM No. 37528
Approximate
Assessable
Acreage
Assessment Per
Acre
Maximum
Assessment
1 57.09 $660.94 $37,733.32
2 50.32 $660.94 $33,258.73
3 28.44 $660.94 $18,797.26
4 22.5 $660.94 $14,871.25
5 11.68 $660.94 $7,719.83
6 13.4 $660.94 $8,856.66
7 1.93 $660.94 $1,275.62
8 4.28 $660.94 $2,828.84
9 12.38 $660.94 $8,182.49
10 0 $660.94 $0.00
11 0 $660.94 *$0.00
12 0 $660.94 **$0.00
13 0 $660.94 **$0.00
* Lots 10 and 11 of TPM No. 37528 are Open Space lots and therefore non-assessable. **Lots 12 and 13 of TPM No. 37528 are non-benefiting parcels.

The initial Maximum Assessment shall be adjusted annually by the greater of two percent (2%) or the cumulative percentage increase in the CPI-U for All Items Index published by the BLS. 15 | P a g e

120

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 17.A

APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY

COMMITTEE (CDAC)

RECOMMENDATION
1) That Council Member Lorena Barajas Bisbee nominate one person to serve on the Community Development Advisory Committee for a term which shall expire on March 2 1, 202 3, or until the Community Development Advisory Committee member’s successors are appointed and sworn -in, whichever is later and which nomination shall be ratified by a majority vote of the entire City Council, pursuant to Chapter 2.36 of the Jurupa Valley Municipal Code.

BACKGROUND
On June 7, 2018, the City Council adopted the City’s first Consolidated Plan , A nnual Action Plan, and Citizen Participation Plan for the Community Development Block Grant (CDBG) funding program. The passage of these planning documents w as required by the Federal Department of Housing and Urban Develo pment (HUD) to become an “entitlement city” and administer CDBG funds independently. Previously, the City’s CDBG efforts were administered by the County of Riverside.

On February 21, 2019, the City Council adopted Ordinance No. 2019-04 which provided for the creation of a Community Development Advisory Committee (CDAC). The purpose of the CDAC is to provide policy oversight of the Public Service Grant application process and make funding recommendations to the City Council.

Members of the CDAC are appointed by the City Council. Each member of the City Council has the opportunity to nominate one resid ent to serve on the CDAC for a four-

RETURN TO AGENDA

Page | 2

year term. Each such nomination requires a confirmation by a majority vote of the entire City Council. The requirements to serve on the CDAC are:

 Members must be residents of the City of Jurupa Valley.

 No member of the CDAC shall be a City Employee, or serve on another City commission or committee at any time.

 No member of the CDAC shall serve in any capacity on a board, committee, or commission of any public agency or district.

 No member of the CDAC shall maintain a decision-making authority (serve on governing board, board of directors, etc.) in any community organization that applies for or receives funds through the City’s CDBG program.

On March 21, 2019, the City Council appointed five residents to serve on the CDAC.

Shortly thereafter, the CDAC began presiding over the City’s annual PSG application process.

ANALYSIS

On December 9, 2021, the City received notice of Mr. Edward Lee’s resignation from the CDAC. To fill the unscheduled vacancy, the City Council must consider a nominee by Council Member Lorena Barajas Bisbee.

On December 27, 2021, a Notice of Vacancy was published in the Press Enterprise and publicized on the City’s social media sites. Interested residents were invited to submit a letter of interest detailing their quali fications to serve on the CDAC b y January 10, 2022 at 5:00 p.m . The City received two (2) letters of interest one of which was disqualified due to that applicant’s current service on another public agenc y board. One letter was on file as a previous applicant. The City Clerk forwarded the letters of interest to Council Member Lorena Barajas Bisbee for consideration. During the January 20, 2022 Council meeting, Council Member Lorena Barajas Bisbee will have the opportunity to nominate a Jurupa Valley resident to serve on the CDAC. The nominee must receive a majority vote of the City Council to be appointed to the CDAC.

FINANCIAL IMPACT

The City pays a stipend of $50.00 to each member of the CDAC to attend each meeting.

Typically, the CDAC meets three times per year. If the City receives supplemental CDBG allocations (ie: CDBG -Coronavirus Funds), the CDAC may be required to schedule an additional meeting. Historically, the CDAC has always met four times or less per year.

ALTERNATIVES

1. Provide alternative direction to City Staff.

NOTICE OF VACANCY

ON THE CITY OF JURUPA VALLEY

COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Notice is hereby given that at their January 20, 2022 meeting, the City Council will make one (1) appointment to the Community Development Advisory Committee. The term of each member of the Community Development Advisory Committee shall be for four years or until their successors are appointed and sworn in as members whichever is later.

Applicants must be Jurupa Valley residents and registered voters of the city . A pplicants cannot be an employee of the City of Jurupa Valley. Applicants cannot serve in any capacity on any board, committee, or commission of any public agency or district. Applicants cannot have any decision-making authority in a community organization that applies for or receives funds through the CDBG program. The appointments are ratified by the City Council.

The five -member committee shall meet on an as- needed basis to review applications for Community Development Block Grant (CDBG) funding and provide the City Council with recommendations regarding the allocation of such funding.

All persons interested in being appointed to the Community Development Advisory Committee are invited to submit a letter of interest to the City Council that includes information about the applicant’s community involvement, work experience, and current contact information.

The letters of interest shall be public documents and should be sent to:

Vicki Wasko, City Clerk
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
[email protected]

Letters of Interest will be accepted until Monday, January 10, 2022 at 5:00 p.m.

If you have questions about this matter, please contact the City Clerk’s Office at (951) 332- 6464.

Published: December 27, 2021

Page | 1
120

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 17.B

CONSIDERATION OF AN INTERIM URGENCY ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

ENACTED PURSUANT TO GOVERNMENT CODE SECTION
65858 ESTABLISHING EMERGENCY REGULATIONS RELATED

TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, DECLARING THE

URGENCY THEREOF AND M AKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTIONS 65852.21(J)
AND 15061(B)(3)
______________________________________________________________________

RECOMMENDATION
1) That the City Council adopt, by a four-fifths vote, Interim Urgency Ordinance No. 2022-02, entitled:

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF JURUPA VALLEY ENA CTED PURSUANT TO GOV ERNMENT CODE
SECTION 65858 ESTABLISHING EMERGENCY REGULATIONS RELATED

TO URBAN LOT SPLITS AND HOUSING UNITS BU ILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING THE URGENC Y THEREOF AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALIT Y ACT (CEQA ) GUIDELINES SECTIONS 65852.21(J) AND 15061(B)(3)

BACKGROUND
Current zoning regulations permit up to three units on a parcel zoned for a single -family dwelling: one pr imary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU).

RETURN TO AGENDA
Page | 2

Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 1). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of two units on parcels zoned for single-family dwellings per lot and/or the subdivision of a single -family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision (“urban lot split”) may result in each lot containing a duplex or two detached residential units.

SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. Since the law became effective on January 1, 2022, the City is currently operating under the State’s ordinance. The Interim Urgency Ordinance (Attachment 2) includes the objective standards imposed under SB

9. In addition to these minimum State requirements, the Interim Urgency Ordinance also includes City -specific objective standards, which are intended to limit the potential negative impacts resulting from density increases and incompatible land use patterns i n single-family zones.

ANALYSIS
If the City Council adopts the proposed Interim Urgency Ordinance at the January 20, 2022 meeting and the City Council wishes to proceed with the first extension , such an extension can be scheduled for a Public Hearing at the February 17, 202 2 City Council meeting. The second extension would be scheduled in January, 2023.

The only zone in the City where SB 9 development is permitted is in the R -1 zone (One- Family Dwellings), as the City’s other residential zones are not exclusively for singl e- family units.

Subject to certain exceptions, properties that are identified in the General Plan as being in a “very high fire hazard severity zone” and/or are located within a federally designated 100-year floodplain are excluded from SB 9 projects. Such areas are scattered throughout the City. In addition, per SB 9, SB 9 projects are also not allowed in the following areas: a) earthquake study zones; b) prime agricultural lands; c) hazardous waste sites, d) coastal zones; e) historic districts and/or properties with historic resources.

The City identifies two such protected areas on General Plan maps. A map illustrating the location of R -1 zoning in relation to “very high fire hazard severity zones” and the City’s federally designated 100-year floodplain areas is included as Attachment 3.

Objective Development Standards – SB 9 Housing Development

Certain standards, regulations and provisions are established in SB 9 that the City must enforce. These features of the Senate Bill are listed below:

 Housing. The City must allow ministerial approval of two units in single-family zones per lot and/or the subdivision of an existing single -family zoned parcel into two approximately equal sized parcels (a 40 to 60 percent split of lot size is allowed).

Page | 3

 Preservation of certain types of housing. The SB 9 project cannot require the demolition or alteration of any of the following: (1) rent controlled units, (2) affordable units, (3) units occupied by tenants within the last three years; or (4) units removed from the rental market under the Ellis Act within the last 15 years.

 Setbacks. The City must allow setbacks of up to 4 ft. from side and rear lot lines. The City is allowed to impose front yard setbacks, provided that the front yard setback does not preclude the deve lopment of up to two units of at least 800 square feet of floor area each. The City cannot establish a setback to/for existing structures or structures constructed in the same location and to the same dimensions as an existing structure.

 Parking. The City can only require 1 off-street parking space per lot unless the parcel is located within ½ mile of a high -quality transit corridor or major transit stop or there is a car share within one block of the parcel.

 Existing Unit Protections. The City must not allow the demolition of more than 25 percent of an existing unit’s exterior structural walls, unless permitted by local ordinance or the site has not been occupied by a tenant in the last 3 years. The City will include a provision that prohib its demolishing more than 25 percent of an existing unit as a means of preserving existing housing stock and maintaining current neighborhood appearances as much as possible.

 Use Restrictions. The City must prohibit any non-residential uses, short-term rentals (less than 30-day tenancy), and subsequent urban lot splits. The City must require an applicant for Urban Lot Split to sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split .

The City must also mandate continual access to public rights-of-way.

 Housing Element Report. The City must report the number of units developed pursuant to SB 9 in its Annual Housing Element report.

As discussed previously, the City may adopt objective development standards as long as they do not preclude the development of up to two units of at least 800 square feet of floor area each. Since the City has some authority to adopt objective development standards, it is considered prudent to apply any provisions that could increase community aesthetics as well as promote vehicular and pedestrian safety, emergency response, housing affordability, and compatibility with existing neighborhoods.

The following are recommended development standards that have been included in the attached Interim Urgency ordinance as supplemental to those standards established in SB 9:

1. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.

Page | 4

2. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

3. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.

4. The maximum unit size for any proposed development proposed under Senate Bill 9 is 1,200 square feet. Establishing a maximum unit size will promote the intent and purpose of the law (to increase the number of affordable housing units) since smaller homes are considered more affordable. The 1,200 square- foot maximum is considered appropriate since it is also the maximum size of the City’s current ADU regulation.

5. Dwellings proposed in accordance with Senate Bill 9 shall be limited to 16 feet of height and consist of no more than one -story. It is presumed that a single - story will have less potential impacts to existing views and have less construction costs resulting in a more affordable housing cost.

6. Any duplex or other dwelling unit built per the provisions of SB 9 shall provide a 10-foot separation between other dwelling units on the same lot. (Note: this will promote usable open space areas, a rural atmosphere and reduce architectural mass and bulk).

7. If pursuant to SB 9, more than one unit is developed on a lot, one such unit shall be rented or leased at an affordable rent for moderate-income households (as defined in Health and Safety Code Section 50053) if it is rented. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any units in an SB 9 Development Project that is rented or leased. This requirement is being recommended to ensure that the new units meet the intention of State law to increase the supply of affordable housing.

Subdivision/Urban Lot Split Provisions of SB 9
The following list identifies the major parameters pertaining to “urban lot splits” found in SB 9:
 Parcel Map. The City is required to ministerially approve an “Urban Lot Split” through a parcel map for property that is located in a single-family zone. Cities can also require a tentative map but it also has to be approved ministerially.

 Parcel size. No more than two parcels can be created. The new parcels must be approximately equal in size, with one parcel being no smaller than 40 percent of the original parcel’s size and each new parcel containing at least 1,200 square feet.

Page | 5

 Further subdivisions. A City can deny further subdivision of the new parcels or if the owner or someone is acting in concert with the owner has subdivided an adjacent parcel using an urban lot split.

 Objective standards. The urban lot split must conform to all objective requirements of the subdivision map act unless exempted by SB 9. A City is not allowed to apply findings to an SB 9 tentative map or the parcel map.

 Public improvements. The City cannot require dedications of right -of-way or offsite public improvements but can r equire utility easements and right-of-way access.

 Use restrictions. The City must restrict the newly created parcels to residential uses and require the owner to sign an affidavit committing to occupy one of the units as a principal residence for at least 3 years. These restrictions may be implemented through an ordinance applicable to urban lot splits or a requirement to record a restrictive covenant.

 Preservation of certain types of housing. The SB 9 urban lot split is not allowed if it would require the demolition or alteration of any of the following: (1) rent controlled units, (2) affordable units, (3) units occupied by tenants within the last three years; or (4) units removed from the rental market under the Ellis Act within the last 15 years.

 Correction of non-conforming zoning. The City cannot require the correction of non-conforming zoning conditions as a condition of parcel map approval.

 Housing Element Report. The City must report the number of applications for urban lot splits in its annual Housing Element report.

In addition to the above mandates of SB 9 , it is recommended that the City adopt the following objective development standards (included in att ached Interim Urgency Ordinance) for urban lot splits to promote logical land development:

1. No flag lots shall be created as a result of an Urban Lo t Split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

2. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide.

3. Proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.

4. No lot resulting from an urban lot split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

Page | 6

It is important to note that SB 9 allows local Building Officials to deny a two -unit development project or urban lot split only by making a written finding, based on a preponderance of evidence, that the project would have a specific adverse impact on public health and safety or the physical environment, and that there is no feasible method to mit igate or avoid such an impact. A “specific adverse impact” must be significant, quantifiable, and direct, based on an objective written public health or safety standard that existed at the time of the project application was deemed complete. Inconsistenc y with a City’s General Plan or zoning ordinance does constitute a specific adverse impact.

Staff will be reviewing these projects on a case -by-case basis to determine whether or not a specific adverse impact finding can be made.

URGENCY ORDINANCE

Adoption of the attached Interim Urgency Ordinance means that the added protections developed by the City will be in place immediately and apply to any applications the City may receive for SB 9 projects for 45 days. State Urgency Ordinance provisions are structured so that during the 45 -day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one -year extension of the ordinance is allowed after the 320-day extension. In summary, the City will have a total of up to two years to develop a permanent SB 9 ordinance.

ENVIRONMENTAL REVIEW

The Interim Urgency Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that it has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council’s action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). Furthermore, this Interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.21(j).

FINANCIAL IMPACT

Costs associated with this code amendment are covered by the General Fund.

ALTERNATIVES

1. Recommended Action: That the City Council adopt, by a four -fifths vote, Interim Urgency Ordinance No. 2022 -02, establishing emergency regulations for SB 9 development projects.

2. Provide alternative direction to staff.

3. Council may elect not to adopt Interim Urgency Ordinance No. 2022-02.

Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning La w provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, w ould require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially , without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and f amilies of moderate, lo w, or very low income, that the proposed housing de velopment does not allo w for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the de velopment is not located within a historic district, is not included on the State Historic Resources In ventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agenc y can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objecti ve design standards, as defined, unless those standards w ould ha ve the ef fect of ph ysically precluding the construction of up to 2 units or ph ysically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the le gislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24

94 months after its appro val or conditional appro val or after an y additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split w ould not require the demolition or alteration of housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to le vels affordable to persons and families of moderate, lo w, or v ery low income, that the parcel is located within a single-f amily residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agenc y can and cannot require in approving an urban lot split, including, b ut not limited to, authorizing a local agency to impose objecti ve zoning standards, objecti ve subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affida vit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the appro val of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill w ould prohibit a local agenc y from imposing an y additional owner occupancy standards on applicants. By requiring applicants to sign affida vits, thereby e xpanding the crime of perjury , the bill w ould impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described abo ve, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may ha ve a significant ef fect on the en vironment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 pro vides for the planning and regulation of de velopment, under a coastal de velopment permit process, within the coastal zone, as defined, that shall be based on v arious coastal resources planning and management policies set forth in the act. 94 — 2 — Ch. 162

This bill would exempt a local agency from being required to hold public hearings for coastal de velopment permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

The people of the State of California do enact as follows:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a)  A proposed housing de velopment containing no more than two residential units within a single-f amily residential zone shall be considered ministerially, without discretionary re view or a hearing, if the proposed housing development meets all of the following requirements:
(1)  The parcel subject to the proposed housing de velopment is located within a city , the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or , for unincorporated areas, a le gal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2)  The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3)  Notwithstanding any provision of this section or an y local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A)  Housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B)  Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C)  Housing that has been occupied by a tenant in the last three years. (4)  The parcel subject to the proposed housing de velopment is not a parcel on which an o wner of residential real property has e xercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the de velopment proponent submits an application.
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(5)  The proposed housing de velopment does not allo w the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A)  If a local ordinance so allows.
(B)  The site has not been occupied by a tenant in the last three years. (6)  The development is not located within a historic district or property included on the State Historic Resources In ventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)  (1)  Notwithstanding an y local la w and e xcept as pro vided in paragraph (2), a local agenc y may impose objecti ve zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)  (A)  The local agency shall not impose objecti ve zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B)  (i)  Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii)  Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agenc y may require a setback of up to four feet from the side and rear lot lines.
(c)  In addition to an y conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1)  Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A)  The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B)  There is a car share vehicle located within one block of the parcel. (2)  For residential units connected to an onsite w astewater treatment system, a percolation test completed within the last 5 years, or , if the percolation test has been recertified, within the last 10 years. (d)  Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the e vidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdi vision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 4 — Ch. 162

no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)  A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f)  Notwithstanding Section 65852.2 or 65852.22, a local agenc y shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g)  Notwithstanding subparagraph (B) of paragraph (2) of subdi vision (b), an application shall not be rejected solely because it proposes adjacent or connected structures pro vided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance. (h)  Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i)  For purposes of this section, all of the following apply:
(1)  A housing de velopment contains tw o residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2)  The terms “objecti ve zoning standards, ” “objecti ve subdi vision standards,” and “objecti ve design re view standards” mean standards that involve no personal or subjecti ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternati ve objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3)  “Local agency” means a city , county, or city and county , whether general law or chartered.
(j)  A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k)  Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the follo wing requirements:
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(1)  The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area pro vided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2)  (A)  Except as pro vided in subparagraph (B), both ne wly created parcels are no smaller than 1,200 square feet.
(B)  A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3)  The parcel being subdivided meets all the following requirements:
(A)  The parcel is located within a single-family residential zone. (B)  The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C)  The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D)  The proposed urban lot split w ould not require demolition or alteration of any of the following types of housing:
(i)  Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii)  Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii)  A parcel or parcels on which an o wner of residential real property has exercised the o wner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv)  Housing that has been occupied by a tenant in the last three years. (E)  The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F)  The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G)  Neither the o wner of the parcel being subdi vided nor an y person acting in concert with the o wner has pre viously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b)  An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1)  A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2)  A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 6 — Ch. 162

2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3)  Notwithstanding Section 66411.1, a local agenc y shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c)  (1)  Except as provided in paragraph (2), notwithstanding an y local law, a local agenc y may impose objecti ve zoning standards, objecti ve subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2)  A local agency shall not impose objective zoning standards, objective subdivision standards, and objecti ve design re view standards that w ould have the ef fect of ph ysically precluding the construction of tw o units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3)  (A)  Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B)  Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d)  Notwithstanding subdivision (a), a local agency may deny an urban lot split if the b uilding official mak es a written finding, based upon a preponderance of the e vidence, that the proposed housing de velopment project would have a specific, adv erse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the ph ysical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e)  In addition to an y conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1)  Easements required for the provision of public services and facilities. (2)  A requirement that the parcels ha ve access to, provide access to, or adjoin the public right-of-way.
(3)  Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A)  The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B)  There is a car share vehicle located within one block of the parcel. (f)  A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g)  (1)  A local agency shall require an applicant for an urban lot split to sign an affida vit stating that the applicant intends to occup y one of the 94 Ch. 162 — 7 —

housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2)  This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Re venue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3)  A local agenc y shall not impose additional o wner occupanc y standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h)  A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i)  A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j)  (1)  Notwithstanding an y pro vision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agenc y shall not be required to permit more than two units on a parcel created through the e xercise of the authority contained within this section.
(2)  For the purposes of this section, “unit” means an y dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k)  Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance.
(l)  Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m)  For purposes of this section, both of the following shall apply:
(1)  “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing o verlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2)  “Local agency” means a city , county, or city and county , whether general law or chartered.
(n)  A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 8 — Ch. 162

considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its appro val or conditional appro val, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. Ho wever, if the subdivider is required to expend two hundred thirty-six thousand se ven hundred ninety dollars ($236,790) or more to construct, impro ve, or finance the construction or improvement of public impro vements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall e xtend the e xpiration of the appro ved or conditionally approved tentative map by 48 months from the date of its expiration, as pro vided in this section, or the date of the pre viously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of tw o hundred thirty-six thousand se ven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the state wide cost inde x for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentati ve and v esting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdi vision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a de velopment moratorium, imposed after approval of the tentati ve map, is in e xistence. However, the length of the moratorium shall not exceed five years.
94 Ch. 162 — 9 —

(2)  The length of time specified in paragraph (1) shall be e xtended for up to three years, b ut in no e vent be yond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that appro ved or conditionally appro ved the tentati ve map denies, the existence or application of a development moratorium to the tentative map. (3)  Once a development moratorium is terminated, the map shall be valid for the same period of time as w as left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c)  The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentati ve map is or w as pending in a court of competent jurisdiction, if the stay of the time period is appro ved by the local agenc y pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agenc y, the subdi vider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for re viewing the requests, including, b ut not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d)  The expiration of the appro ved or conditionally appro ved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentati ve map shall be filed with the le gislative body without first processing a ne w tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, appro ving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surv eyor or city engineer shall be deemed a timely filing for purposes of this section.
(e)  Upon application of the subdivider filed before the expiration of the approved or conditionally appro ved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agenc y authorized to appro ve or conditionally approve tentative maps for a period or periods not e xceeding a total of six years. The period of e xtension specified in this subdi vision shall be in addition to the period of time pro vided by subdi vision (a). Before the expiration of an appro ved or conditionally appro ved tentative map, upon an application by the subdi vider to e xtend that map, the map shall automatically be e xtended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agenc y denies a subdi vider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
94 — 10 — Ch. 162

(f) For purposes of this section, a de velopment moratorium includes a water or sewer moratorium, or a w ater and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agenc y with the authority to appro ve or conditionally appro ve the tentati ve map, which thereafter prevents, prohibits, or delays the appro val of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its o wn action or inaction w as prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agenc y, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. Ho wever, nothing in this subdi vision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whiche ver is later . A de velopment moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the f ailure or refusal, e xcept that the de velopment moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agenc y to convey the necessary property interest for a f air market value, paid in a reasonable time and manner.

SEC. 4. The Le gislature finds and declares that ensuring access to affordable housing is a matter of state wide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Go vernment Code and Section 3 of this act amending Section 66452.6 of the Go vernment Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 — 11 —

because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Go vernment Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O
94 — 12 — Ch. 162

DRAFT: For January 20, 2022 City Council Meeting
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12774-0007\2612088v1.doc
ORDINANCE NO. 2022-_____

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF JURUPA VALLEY ENACTED PURSUANT TO
GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY

REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9 , DECLARING

THE URGENCY THEREOF AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) GUIDELINES SECTIONS 65852.21(J) AND 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Legislative Findings. The City Council of the City of Jurupa Valley does find, determine and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning O rdinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty- five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858.

B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the “California Home Act”, into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single -family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two-unit or subdivision project meets certain statutory criteria.

SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.

D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two-unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two- unit or subdivisi on project only if the agency makes a w ritten finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute.

E. The City of Jurupa Valley ’s natural beauty, equestrian lifestyle, and semi -rural residential communities are uniquely valuable public resources. Some parcels within the City are DRAFT: For January 20, 2022 City Council Meeting

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also within high fire hazard severity zones, or other locations where increased d ensity may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever -increasing and true threat to the health, welfare and safety of the community.

F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill’s provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law l ack sufficient objective zoning, subdivision, and design s tandards to preserve the health, welfare and safety of the community. The City of Jurupa Valley desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City’s single-family residential zones.

G. The City Council is concerned that under the City’s current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Jurupa Valley community and to its residents ‒ including potential detrimental impacts on vehicular and pedestr ian safety, emergency response, and housing affordability ‒ without compensating benefits to the community.

H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be stud ied to enable the City to address and mitigate potential burdens on the communities affected by these developments.

I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City.

J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9.

K. These emergency regulations w ill allow City staff, the City Council, property owners, and the people of the City of Jurupa Valley sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed .

During this period, the City will be able to analyze their potenti al impacts on the public health .

The City Council finds that these studies will help the City Council and the City’s Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City’s General Plan designations and policies, zoning me asures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall DRAFT: For January 20, 2022 City Council Meeting

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community and ensure positive outcomes for the City’s residents, business community, property owners, and developers.

L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare.

Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted.

Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods . Therefore, a current and immediate threat to the public safety, health and welfare exists.

M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City.

SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 3. Prohibition on SB 9 Projects that Fail t o Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Jurupa Valley Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements:

A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows:

1. “Accessory Dwelling Unit ” has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time.

2. “Junior Accessory Dwelling Unit” has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time.

3. “Primary Residence” means the original dwelling on the property.

4. “SB 9” means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7.

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5. “SB 9 Development Project” consists of an Urban Lot Split or development project proposed pursuant to to the regulations set forth in SB 9.

6. “Urban Lot Split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size.

B. Applicability: Ministerial Compliance Review.

1. Notwithstanding any other provision of the Jurupa Valle y Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the R -1 (One Family Dwellings ) zoning district pursuant to the regulations set forth in SB 9. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Jurupa Valley Municipal Code.

2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split.

4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations.

5. The City may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

C. General Requirements.

A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements:

1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act.

2. The Jurupa Valley Municipal Code, including Titles 7 (Subdivisions), 8 (Buildings and Construction) and 9 (Planning and Zoning), except as expressly provided in SB 9 or in this interim Ordinance.

3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions:
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b. The short term rental for periods less than 30 days of any units on the site shall be prohibited;
c. Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited;
d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split; e. Ongoing compliance with all SB 9 requirements and restrictions shall be required;
f. Access to the public right-of-way shall be maintained in perpetuity; and g. If, pursuant to SB 9, more than one unit is developed on a lot, one of such units shall be rented or leased at an affordable rent for moderate-income households (as defined in Health and Safet y Code Section 50053) , if it is rented. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit in an SB 9 Development Project that is rented or leased.
h. All required parking shall be maintained.

D. Objective Standards.

All SB 9 Development Projects shall comply with the following objective standards:

1. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one -half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot.

2. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.

3. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

4. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.

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5. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submissiom of an SB 9 Development Project application.

6. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height.

7. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area . For the purposes of this interim Ordinance, basements shall count as floor area.

8. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21.

9. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet.

10. An SB 9 Development Project shall not require the demolition or alteration of any of the following:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the three years prior to the submissiom of an SB 9 Development Project application.
d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application.

11. An SB 9 Development Project shall not be permitted on a parcel located in:
a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual , Part 660 FW 2 (June 21, 1993).
c. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps DRAFT: For January 20, 2022 City Council Meeting

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adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the developmen.
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) t he site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section

60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no- rise certification in accordance with Section 60.3(d)(3) of Ti tle 44 of the Code of Federal Regulations.
h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

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i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Lands under conservation easement.
k. A historic district or property included on the State Histori c Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City.

12. An Urban Lot Split shall comply with SB 9 , the standards set forth above, and the following standards:
a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet. b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
c. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel.
d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot. e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide.
f. The proposed parcel map shall demonstrate the ability to access the public right- of-way in perpetuity.

E. Exceptions.

The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.

F. Denial. The Building Official may deny an application for an SB 9 Development Project upon m aking both of the following findings in writing based upon a preponderance of evidence:

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1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from t he California Environmental Quality Act (“ CEQA”) because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council’s action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this i nterim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim O rdinance is exempt from the CEQA pursuant to Government Code Section 65852.21(j). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance.

SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Jurupa Valley. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance.

SECTION 6. Extension of Time. The Community Development Director and the City Clerk’s office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty- fifth (45th) day subsequent to the adoption of this interim Ordinance.

SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Jurupa Valley in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it DRAFT: For January 20, 2022 City Council Meeting

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would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof b e declared invalid or unconstitutional.

SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 20th day of January, 2022.

______________________________
Chris Barajas
Mayor

ATTEST:
______________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )
I, Victoria Wasko, CMC, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. ___ was duly was duly adopted and passed at a meeting of the City Council of the City of Jurupa Valley on the 20
th day of January, 2022, by the following vote, to
wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California this 20
th day of January, 2022.

____________________________

VICTORIA WASKO, CMC

CITY CLERK
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120

STAFF REPORT
DATE: JANUARY 20, 2021
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 17.C
RIVERSIDE TRANSMISSI ON RELIABILITY PROJE CT (“RTRP”) --

APPROVAL OF GRANT OF EASEMENT ALLOWING S OUTHERN

CALIFORNIA EDISON CO MPANY TO CONSTRUCT U NDERGROUND

ELECTRICAL TRANSMISS ION LINES FOR THE RT RP UNDER PATS

RANCH ROAD (BETWEEN LIMONITE AVENUE AND BELLEGRA VE

AVENUE), BELLEGRAVE AVENUE (BETWEEN PATS RANCH ROAD

AND WINEVILLE AVENUE ), WINEVILLE AVENUE (BETWEEN

BELLEGRAVE AVENUE AN D CANTU GALLEANO RAN CH ROAD),
AND 68TH STREET (BET WEEN PATS RANCH ROAD AND LUCRETIA

AVENUE) AS PROVIDED IN THE C ALIFORNIA PUBLIC UTI LITIES COMMISSION’S DECISION APPROVING THE RTRP

RECOMMENDATION
That the City Council adopt Resolution No. 2022-06, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THAT CERTAIN “ GRANT OF EASEMENT
AGREEMENT (UNDERGROUND TRANSMISSION EASEMENT)” BETWEEN

THE CITY OF JURUPA VALLEY AND SOUTHERN CALIFORNIA EDISON

COMPANY AND MAKING CE RTAIN FINDINGS PURSU ANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE RIVERSIDE

TRANSMISSION RELIABILITY PROJECT PURSU ANT TO THE
CALIFORNIA PUBLIC UTILITIES COMMISSION’S DECISION NO. 20 -003- 001 (CPUC PROCEEDING NO. A1505013)

BACKGROUND
Southern California Edison (SCE) and the City of Riverside's Municipal Utility Department (RPU) jointly planned the Riverside Transmission Reliability Project ( RTRP), which proposed the installation of, among other items, new overhead high-voltage transmission

RETURN TO AGENDA

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power lines through the City of Jurupa Valley . The proposed route of the RTRP would have significant impacts to existing and proposed commercial and residential developments. The overhead portions of the transmission lines would connect to existing overhead transmission lines at the intersection of Cantu -Galleano Ranch Road and Wineville Avenue, and continue overhead to th e south along Wineville Avenue, Bellegrave Avenue, Pats Ranch Road to Limonite Avenue where the transmission lines would transfer to underground. From this intersection, the transmission lines would continue south along Pats Ranch Road to 68 th Street, the n east along 68 th Street to Lucretia Avenue, where the lines would move to overhead again and continue south across the Santa Ana River and into Riverside.

On April 15, 2015, SCE filed an application (A. 15 -04-013) for a Certificate of Public Convenience and Necessity (CPCN) with the California Public Utilities Commission (CPUC) to construct the RTRP through Jurupa Valley and connecting to RPU circuits in the City of Riverside. Following several years of testimony and review, the CPUC adopted Decision No. 20 -003-001 on March 12, 2020 certifying the Subsequent Environmental Impact Report submitted and approving the CPCN for the RTRP subject to certain conditions.

In identifying conditions, the CPUC proposed several project alternatives, including “Alternative 1”, which includes additional undergrounding of portions of the RTRP. The undergrounding identified by Alternative 1 converted those portions previously identified as overhead (from the intersection of Cantu-Galleano Ranch Road and Wineville Avenue to Pats Ranch Road and Limonite Avenue) to underground. This action will underground the transmission facilities along the approximate 4-mile stretch within the City of Jurupa Valley:
 Pats Ranch Road (between Limonite Avenue and Bellegrave Avenue)  Bellegrave Avenue (between Pats Ranch Road and Wineville Avenue)  Wineville Avenue (between Bellegrave Avenue and Cantu Galleano Ranch Road)  68th Street (between Pat’s Ranch Road and Lucretia Avenue).

The approved CPCN further identified that the City of Jurupa Valley would grant SCE a “superior easement” along the environmentally superior alignment of Alternative 1, which would protect SCE against the mandatory relocation of RTRP underground project facilities in consideration of the undergrounding of those project facilities.

ANALYSIS

On December 1, 2011, the City Council adopted Ordinance No. 2011-07, which granted SCE a franchise to use and construct facilities within the public rights of way for transmitting and distributing electricity. In granting SCE a franchise within the City, it identifies that SCE may be required to relocate, at SCE’s cost, facilities that were installed per the franchise, upon the request of the C ity. As SCE has identified a significant cost difference between installing the RTRP facilities underground as opposed to overhead , SCE expressed concern that another third-party entity may compel SCE to relocate the RTRP facilities.

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Since the CPUC adoption of Decision No. 20-003-001, the City of Jurupa Valley and SCE have collaborated in the development of a “Grant of Easement Agreement (Underground – Transmission Agreement)” , which is based upon Alternative 1. The intent of the superior easement granted by this Agreement is to allow the design and construction of the transmission facilities to be placed underground , however, without the future requirement of SCE to relocate these facilities. The Agreement clarifies the legal rights of SCE to construct and operate the RTRP facilities with the City right of way.

As the design and subsequent construction of the RTRP facilities by SCE is completed , City staff and SCE staff will review and refine the overall easement needed by SCE to operate and maintain the facilities.

The Easement also provides a process by which utilities that may need to cross the SCE facilities or run parallel to them, before or after construction, may be negotiated with and approved by SCE.

Attached as Exhibit 1 is the “Summary of Main Terms of Easement Agreement between City of Jurupa Valley and Southern California Edison.” This document provides a more detailed summary of the terms of the proposed Easement

OTHER INFORMATION

The City Attorney has reviewed and approved the Grant of Easement Agreement as to form.

FINANCIAL IMPACT

There is no impact to the General Fund with the approval of this Agreement.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

************************** SIGNATURES ON FOLLOWING PAGE **************************

RESOLUTION NO. 2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THAT CERTAIN “GRANT OF

EASEMENT AGREEMENT (UNDERGROUND TRANSMISSION
EASEMENT)” BETWEEN THE CITY OF JURUPA VALL EY AND

SOUTHERN CALIFORNIA EDISON COMPANY AND MAKING

CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT FOR THE RIVERSIDE

TRANSMISSION RELIABILITY PROJECT PURSUANT TO THE
CALIFORNIA PUBLIC U TILITIES COMMISSION’S DECISION NO. 20 - 003-001 (CPUC PROCEEDING NO. A1505013)

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:

Section 1. The City Council does hereby find, determine and declare that:
(a) Southern California Edison Company (“SCE”) applied for a Certificate of Public Convenience and Necessity from the California Public Utilities Commission (“CPUC”) to construct a series of electrical transmission facilities known as the Riverside Transmission Reliability Project (“RTRP”) (CPUC Proceeding No. A1505013). On March 12, 2020, the CPUC adopted Decision No. 20 -003-001 certifying the Subseque nt Environmental Impact Report and approving the Certificate of Public Convenience and Necessity for the RTRP subject to certain conditions (“CPCN”).
(b) The CPUC identified several project alternatives, including “Alternative 1”, which include s additional undergrounding of portions of the RTRP. The CPCN described Alternative 1 as the environmentally superior alternative. The CPCN requires the SCE to underground the RTRP as provided in Alternative 1 p rovided that the City of Jurupa Valley grants SCE a superior easement or other property right protecting against the mandatory relocation of RTRP underground project facilities in consideration of the undergrounding of those project facilities. The Grant of Easement approved by this Resolution fulfills this requirement. (c) The portion of the Alternative 1 alignment in which SCE will underground the RTRP electrical transmission facilities is along the approximate 4 -mile stretch of the City’s right of way is described below:

Pat’s Ranch Road (between Limonite Avenue and Bellegrave Avenue), Bellegrave Avenue (between Pat’s Ranch Road and Wineville Avenue), Wineville Avenue (between Bellegrave Avenue and Cantu Galleano Ranch Road), and 68 th Street (between Pat’s Ranch Road and Lucretia Avenue).
(d) The Grant of Easement protects the health, safety and general welfare of the City of Jurupa Valley.

Section 2. The CPUC prepared the Subsequent Environmental Impact Report (“SEIR”) for the Riverside Transmission Reliability Project . The SEIR extensively studied Alternative 1 that provided for the undergrounding of the RTRP electrical transmission facilit ies within the City’s right of way. The CPUC certified the SEIR after finding that: (1) SEIR was prepared and completed in compliance with the Calif ornia Environmental Quality Act and CEQA Guidelines; (2) SCE must comply with the mitigation identified in the Mitigation Monitoring and Reporting Plan for the RTRP; (3) the SEIR was reflective of the Commission’s independent judgment and analysis; and (4) CPUC had reviewed and c onsidered the SEIR prior to approving the RTRP.

Pursuant to CEQA and CEQA Guidelines, City Staff has reviewed and considered the potential environmental impacts of the Grant of Easement and has determined that the Grant of Easement does not involve substantial changes which will result in new significant environmental effects not discussed in the SEIR, and that the Grant of Easement does not involve new information of substantial importance which shows that the Grant of Easement will have significant effec ts not discussed in the SEIR. The Grant of Easement does not involve any physical changes in the environment. The undergrounding of the RTRP electrical transmission facilities in the City’s right of way as described in the Grant of Easement was fully and carefully studied in the SEIR. The Grant of Easement only clarifies the legal rights of SCE to operate in the City right of way.

Therefore, no further environmental review is required of the Grant of Easement.

Section 3. The City Council of the City of Jurupa Valley hereby approves that certain agreement entitled “GRANT OF EASEMENT AGREEMENT (UNDERGROUND − TRANSMISSION EASEMENT)” between the City Of Jurupa Valley a nd Southern California Edison Company and authorizes the Mayor to execute said Grant of Easement in substantially the form presented to the City Council. The City Clerk is directed to record the Grant of Easement.

The City Manager is authorized to take all actions necessary and convenient to cause the Grant of Easement to be recorded and to implement and effectuate the Grant of Easement, including but not limited to, entering into or approving on behalf of the City operating memoranda, certifications, non-substantive amendments correcting errors in the Grant of Easement and similar documents.

Section 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
-3-
12774-0012\2609589v1.doc

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-06 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

Exhibit “1” − Page 1
Exhibit “1”
Summary of Main Terms of Easement Agreement between
City of Jurupa Valley and Southern California Edison
Southern California Edison Company (“SCE”) applied for a Certificate of Public Convenience and Necessity from the California Public Utilities Commission (“CPUC”) to construct a series of electrical transmission facilities known as the Riverside Transmission Reliability Project (“RTRP”) (CPUC Proceeding No. A1505013). In Decision No. 20-003-001 (the “CPCN”), the CPUC identified several project alternatives, including “Alternative 1”, which includes additional undergrounding of portions of the RTRP. The CPCN described Alternative 1 as the environmentally superior alternative.

Pursuant to the Easement Agreement between the City of Jurupa Valley (“City”) and SCE, SCE agrees to underground the SCE facilities that SCE will construct as part of the Riverside Transmission Reliability Project (“RTRP”) within the City’s jurisdiction consistent with Alternative 1 of the RTRP in consideration for the City’s grant to SCE of a superior easement along the City’s right of way.

The portion of the Alternative 1 alignment that SCE will underground along the approximate 4- mile stretch of the City’s right of way is described below:

The City uses its right of way for public street and utility purposes. The alignment of the City’s Subject Rights of Way is more particularly described and depicted on Exhibit “A” to the Easement Agreement.

The Easement Agreement recognizes that the City’s grant of rights to SCE under the Easement Agreement and SCE’s undergrounding of its facilities within the City’s Subject Rights of Way pursuant to Alternative 1 is consistent with the City’s prepared testimony and briefs filed in the CPCN and with the CPUC’s Decision which states that “Alternative 1 would not be infeasible if that risk is removed by Jurupa Valley granting SCE a superior easement that protects SCE against the risk that Jurupa Valley might compel the relocation of underground project facilities in consideration of the benefit that Alternative 1 would provide to Jurupa Valley.” The Easement Agreement also recognizes that SCE may need to file a Complaint in Eminent Domain in the future to clear any title issues that may arise in connection with the superior easement along the Alternative 1 Alignment. In such case, the Parties stipulate, in accordance with Code of Civil Procedure Section 1240.030, that: (i) the public interest and necessity require the undergrounding proposed as part of Alternative 1; (ii) the undergrounding proposed as part of Alternative 1 is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and (iii) the acquisition of the Easement Strip is necessary Exhibit “1” − Page 2
for the undergrounding proposed as part of Alternative 1, which includes the approximate 4-mile stretch of the route of the RTRP within the City boundaries where the undergrounding will occur.

Pursuant to the Easement Agreement, the Parties stipulate that the Easement granted pursuant to the Easement Agreement constitutes a real property right that is separate and distinct from the SCE Franchise (described below).

In addition, the Parties stipulate that the proposed use of the Easement Strip by SCE and the City is a joint and compatible use under Code of Civil Procedure Section 1240.510, and that the use of the Easement Strip (as defined below) by SCE will not unreasonably interfere with or impair the continuance of the City’s public use of said area as it currently exists or may reasonably be expected to exist in the future except as otherwise provided in the Easement Agreement. Further, the Parties stipulate that in any eminent domain proceeding filed by SCE in connection with the undergrounding proposed as part of Alternative 1, to whatever extent the Easement Strip is currently appropriated to public use, SCE’s acquisition of the Easement Strip, subject to the terms of the Easement Agreement, (i) as to the City of Jurupa Valley, constitutes a compatible public use under the provisions of Section 1240.510 of the California Code of Civil Procedure and SCE’s proposed use will not unreasonably interfere with or impair the continuance of the City of Jurupa Valley’s public use as it then exists or may reasonably be expected to exist in the future except as otherwise provided in the Easement Agreement, and (ii) as to other defendants, constitutes a compatible public use under the provisions of Section 1240.510 of the California Code of Civil Procedure or constitutes a more necessary public use under the provisions of Section 1240.610 of the California Code of Civil Procedure.

The main terms of the Easement Agreement are summarized below:

Section 1. Grant of Easement.
• Under the Easement Agreement, the City grants to SCE, its successors and assigns a permanent non-exclusive easement and right of way (collectively, the “Easement”) to construct, operate, use, maintain, alter, reconstruct, repair, renew, replace, inspect, improve, interset, relocate, and/or remove, within the Easement Strip as defined below, at any time and from time to time, electrical underground systems and communication systems, hereinafter referred to as “underground systems”, consisting of wires, underground conduits, cables, vaults, telecommunications equipment, manholes, manhole covers, handholes, encasements, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment, hereafter referred to as “above-ground systems”, necessary or useful for transmitting and otherwise conveying electric energy to be used for light, heat, power and for transmitting intelligence by electrical means and/or other purposes (collectively, “Facilities”), in under, on, over, along and across that certain portion of the City’s Subject Rights of Way (referred to as the “Easement Strip”). • Section 1 notes that SCE will prepare the final metes and bounds description of the Easement Strip, including the location of any above-ground facilities, after SCE completes the undergrounding in accordance with the Alternative 1 alignment.

Exhibit “1” − Page 3
Section 2. No Relocation of Facilities.
• Under the Easement Agreement, the City agrees and acknowledges that the Easement is superior to the rights previously conveyed by the City to SCE pursuant to the SCE Franchise. The SCE Franchise was approved on December 1, 2011 by the City of Jurupa Valley City Council pursuant to Ordinance No. 2011-07 and granted to SCE a franchise in accordance with the Franchise Act of 1937. • The Easement Agreement recognizes that the City will not compel SCE to relocate the Facilities installed in the Easement Strip at SCE’s cost. It states that because the Facilities are installed pursuant to this Easement and not pursuant to the SCE Franchise, SCE’s Franchise including without limitation the relocation provisions of Section 4(g) of the SCE Franchise, or the common law applicable to utilities in the City’s right of way, do not apply to the Facilities.
• Accordingly, the Parties agree that (i) the Easement constitutes a real property right that is separate and distinct from the SCE Franchise; (ii) the Easement was granted to SCE to facilitate the undergrounding of the Facilities within the City’s Subject Rights of Way in accordance with Alternative 1, which is in the public interest and necessity and constitutes a significant public benefit and public purpose for the City of Jurupa Valley and its residents; and (iii) if requested by SCE or a court of competent jurisdiction, the City shall formally confirm the matters set forth in the Easement Agreement.
• The Easement Agreement confirms that if the City requests or requires SCE to relocate the Facilities located within the Easement Strip in the future, SCE will not be required to relocate such facilities unless (i) the relocation is at the City’s sole cost and expense, (ii) the City conveys to SCE replacement real property rights for the new location that are equivalent to the Easement rights granted to SCE pursuant to the Easement Agreement, and (iii) SCE receives all applicable, necessary and required approvals from the CPUC and other governmental entities for such relocation.

Section 3. No Buildings or Structures on Surface of Easement Strip. • Under the Easement Agreement, the City agrees not to erect, place, or maintain, nor to permit the erection, placement, or maintenance of any building, structure, or trees on the surface of the Easement Strip.

Section 4. Rights of SCE to Review Proposed Activities within the City’s Subject Rights of Way and/or Easement Strip.
• The Easement Agreement recognizes the nature of Facilities (i.e. high voltage transmission lines) and the need to implement review protocols for “activities” proposed by the City or third parties within the Easement Strip and the City’s Subject Rights of Way to minimize the risk of any impacts to, or interference with, the Facilities. The Easement Agreement provides to SCE certain rights to review certain Exhibit “1” − Page 4
activities that are proposed within the City’s Subject Rights of Way and/or Easement Strip to protect against conflicts or unreasonable interference between the SCE Facilities and any current or future proposed facilities or work. Said review provisions are necessary to minimize the risk of relocation of the Facilities. • The Easement Agreement contains review and approval protocols that apply for proposed activities prior to the completion of the RTRP (Section 4.1.) and review and approval protocols that apply for proposed activities after the completion of the RTRP (Section 4.2.). In addition, Section 4.3 sets for the procedures for emergency work within the City’s Subject Rights of Way and/or Easement Strip. • Section 4.1. Summary of Review and Approval Protocol for Proposed Activities Occurring Prior to SCE’s Completion of the RTRP. Section 4.1. requires that SCE provide notice to the City of its completion of the RTRP construction, including the undergrounding within the City’s Subject Rights of Way accordance with Alternative

1. Section 4.1. applies to review of activities that occur prior to SCE’s completion of the undergrounding under Alternative 1, including activities undertaken by the City. o Section 4.1.1. provides that prior to issuing any permits to construct and/or other rights to excavate within the City’s Subject Rights of Way for any installation of new facilities or utilities (“Facility Installation Work”), the City will inform said party or entity seeking such permit or other rights (“Applicant”) that it must provide to SCE for SCE’s review and approval plans and specifications (“P&S”) prepared by or at the request of Applicant that accurately reflect the location, scope, nature, and size of the Facility Installation Work. Upon request, SCE shall negotiate in good faith a non-disclosure agreement with the City and/or Applicant to protect any confidential information from public disclosure.

Said P&S shall be submitted to the attention of SCE’s Title and Real Estate Services division unless other personnel are designated by SCE to receive such request.
o The requirements of Section 4.1. do not apply to any Excavation Work (as defined in Section 4.2.1.) for maintenance of any facilities located within the City’s Subject Rights of Way prior to SCE’s commencement of construction of SCE’s Facilities.
o Section 4.1.1. clarifies that SCE has the right to impose reasonable conditions upon its approval, including without limitation, compliance and implementation of CPUC General Order 69-C. In addition, SCE has the right to seek enforcement of its rights to the extent either Applicant or the City (where applicable) fails to prepare and submit P&S to SCE for review and otherwise comply with the requirements and provisions of Section 4.1. o Under Section 4.1.2., SCE agrees that it will review the P&S for Facility Installation Work within the City’s Subject Rights of Way in accordance with Section 4.2.2., referencing the Typically Compatible and Typically Incompatible Facilities lists as presented in Exhibit “C” to the Easement Exhibit “1” − Page 5
Agreement to advise the City if SCE objects to the Facility Installation Work described therein because said Facility Installation Work is anticipated to unreasonably interfere with SCE’s rights under the Easement. The Easement Agreement requires that SCE make reasonable efforts to perform this review within thirty (30) days of the date of submittal of the P&S to SCE provided that SCE’s standard cost for performing such review has been paid and all documentation that may be reasonably required by SCE has been provided.

Such documentation may include, without limitation, elevations, distances between SCE’s Facilities and the proposed facilities, and the composition of materials being used in such proposed facilities.
o SCE’s lack of notice to City of any objections within thirty (30) days of the submittal of P&S shall be deemed SCE’s objection to such permit or other rights to construct within the City’s Subject Rights of Way. In the event of any such objection (whether by direct notice or via SCE’s deemed objection), representatives of the City, SCE, and Applicant (where applicable) shall meet within ten (10) days of the date of SCE’s objection or deemed objection for the purpose of addressing and resolving SCE’s objections. The Easement Agreement provides that in no event shall such Facility Installation Work be performed unless and until SCE’s objections have been resolved to the reasonable satisfaction of SCE. Failure by either Party to participate in good faith discussions to resolve any such objections constitutes grounds to invoke the Dispute Resolution provisions of Section 16 of the Easement Agreement. • Section 4.2. Summary of Review and Approval Protocol for Proposed Activities After SCE’s Completion of the RTRP. The Easement Agreement provides that the Parties will comply with the provisions of Section 4.2. with respect to activities proposed within the Easement Strip after SCE issues the Completion Notice to the City. o Section 4.2.1. provides that prior to issuing any permits or other rights for Facility Installation Work, or for any excavation within the Easement Strip including, without limitation, excavation required for the installation of new facilities or utilities, excavation required for relocation of facilities, or excavation required to perform maintenance on existing utilities or facilities (collectively, including Facility Installation Work, “Excavation Work”), the City will inform said Applicant that it must provide to SCE for SCE’s review and approval P&S prepared by or at the request of Applicant that accurately reflect the location, scope, nature, and size of the Excavation Work. Upon request, SCE shall negotiate in good faith a non-disclosure agreement with the City and/or Applicant to protect any confidential information from public disclosure. Said P&S shall be submitted to the attention of SCE’s Title and Real Estate Services division unless other personnel are designated by SCE to receive such request. The City shall also inform said Applicant that it is required to identify SCE as an additional insured in connection with its Excavation Work within the Easement Strip, as well as any improvements installed, operated and maintained therein. The City shall also comply with the Exhibit “1” − Page 6
foregoing requirements (including submitting P&S to SCE for review) to the extent that the City engages in any Excavation Work within the Easement Strip. o The Easement Agreement recognizes that SCE may impose reasonable conditions upon its approval, including without limitation, compliance and implementation of CPUC General Order 69-C. In addition, SCE has the right to seek enforcement of its easement rights to the extent either Applicant or the City (where applicable) fails to prepare and submit P&S to SCE for review and otherwise comply with the requirements and provisions of the Easement Agreement.
o Section 4.2.2. outlines the process for SCE’s review of P&S for facilities or utilities preliminarily presumed compatible (under Exhibit “C”) with SCE’s Facilities. SCE agrees to advise the City if SCE objects to the Excavation Work described in the P&S because said Excavation Work unreasonably interferes with SCE’s rights under the Easement. SCE shall make reasonable efforts to perform this review within thirty (30) days of the date of submittal of the P&S to SCE provided that SCE’s standard cost for performing such review has been paid and all documentation that may be reasonably required by SCE has been provided. Such documentation may include, without limitation, elevations, distances between SCE’s Facilities and the proposed facilities, and the composition of materials being used in such proposed facilities. o Section 4.2.2.1. provides that SCE’s lack of notice to the City of any objections to the Excavation described in Section 4.2 within said thirty (30)-day time period shall be deemed SCE’s objection to such permit or other rights to excavate within the Easement Strip. Further, in the event of any such objection (whether by direct notice or via SCE’s deemed objection), representatives of the City, SCE, and Applicant (where applicable) shall meet within ten (10) days of the date of SCE’s objection or deemed objection for the purpose of addressing and resolving SCE’s objections. The Easement Agreement provides that in no event shall such Excavation Work pertaining to the installation of new facilities/utilities or the relocation of existing facilities/utilities be performed unless and until SCE’s objections have been resolved to the reasonable satisfaction of SCE. Failure by either Party to participate in good faith discussions to resolve any such objections constitutes grounds to invoke the Dispute Resolution provisions of Section 16.
o Section 4.2.2.2. provides that in cases where the Excavation Work for the repair or maintenance of facilities or utilities located within the Easement Strip that are preliminarily “presumed compatible,” SCE’s lack of notice to the City of any objections to said Excavation Work within thirty (30) days of the date of submittal of the P&S to SCE shall be deemed SCE’s objection to such permit or other rights to excavate within the Easement Strip. In the event of any such objection (whether by direct notice or via SCE’s deemed objection), representatives of the City, SCE and the Applicant (where applicable) shall meet within three (3) business days of the date of SCE’s objection for the Exhibit “1” − Page 7
purpose of addressing and resolving SCE’s objections. In no event shall such Excavation Work pertaining to repair and/or maintenance of existing facilities or utilities be performed unless and until SCE’s objections have been resolved to the reasonable satisfaction of SCE. Failure by either Party to participate in good faith discussions to resolve any such objections constitutes grounds to invoke the Dispute Resolution provisions of Section 16. • Section 4.2.3. Provides the process for SCE’s Review of P&S for Facilities or Utilities Preliminarily Presumed Incompatible with SCE’s Facilities. o Section 4.2.3. provides that Excavation Work relating to facilities preliminarily “presumed incompatible” ( see Exhibit “C” to Easement Agreement) is presumed not permitted. P&S for such facilities and utilities preliminarily presumed incompatible will be submitted to SCE for review in accordance with Section 4.2.1. Section 4.2.3 provides that the City will not issue permits or other rights for Excavation Work within the Easement Strip for utilities or facilities preliminarily presumed incompatible unless SCE determines, after review of the P&S for such facilities or utilities, in its reasonable discretion, that said incompatible facilities and utilities will not unreasonably interfere with SCE’s rights under the Easement. At City’s request, SCE agrees that it will meet with representatives of the City, SCE, and Applicant (where applicable), within thirty (30) days of the date of the City’s request for a meeting regarding said incompatible facilities or utilities in an attempt to analyze options for the installation of the incompatible facilities or utilities that will not unreasonably interfere with SCE’s rights under the Easement. Failure by either Party to participate in good faith discussions to resolve any such objections constitutes grounds to invoke the Dispute Resolution provisions of Section 16. • Section 4.3. Governs the procedures for Emergency Work within the City’s Subject Rights of Way and/or Easement Strip.
o Section 4.3 provides that nothing in the Easement Agreement impacts or impairs the City’s rights to grant an encroachment or excavation permit to a party or entity seeking such permit in order to perform emergency repairs of utilities and facilities located within the City’s Subject Rights of Way and/or Easement Strip (“Emergency Work”), provided that: (i) City shall notify SCE regarding the emergency and City’s issuance of the permit for the Emergency Work as soon as possible following the occurrence of the emergency; and (ii) the party performing such Emergency Work, at its sole cost and expense, shall repair and restore the Easement Strip and/or any of SCE’s Facilities affected or impacted by the Emergency Work (which repair and restoration work shall be performed in accordance with SCE’s specifications and requirements and will include, without limitation, the replacement and compaction of any and all insulated fill material within the Easement Strip). For the purpose of this Section 4.3, an “emergency” is defined as a situation that poses an immediate risk to life, health, safety, or property such that compliance with Sections 4.1 or

4.2, and the risk of contact with and/or damage to SCE’s Facilities, would be Exhibit “1” − Page 8
outweighed by the risk necessitating non-compliance with Sections 4.1 or 4.2.

It is, therefore, the intent of the Parties that the term “emergency” shall be narrowly construed and anticipated that such Emergency Work shall be rare.

Section 5. Typically Compatible Facilities and Typically Incompatible Facilities. Section 5 discusses “Typically Compatible Facilities” and “Typically Incompatible Facilities”. The Parties will rely on the list of Typically Compatible and Typically Incompatible Facilities in determining the applicable review process for activities within the City’s Subject Rights of Way and the Easement Strip. The Parties recognize that it may be necessary for SCE to revise Exhibit “C” in the future.

Section 6. Construction of Facilities. Section 6 provides that SCE will construct, install, and maintain the Facilities in accordance with applicable laws and regulations and in compliance with applicable requirements of the CPUC and the Federal Energy Regulatory Commission.

Section 7. Amendment to Easement to Reflect Location of Facilities, as Constructed. Section 7 recognizes that the Parties will execute and record an amendment to the Easement Agreement in the form attached as Exhibit “D” to the Agreement after SCE completes the installation of the Facilities. The Amendment is intended to reflect the installed location of the Facilities.

The Amendment will include any updated Exhibits.

Section 8. Damage to Surface of Easement Strip. Section 8 provides that SCE is responsible for repairing and restoring, at its sole cost and expense, any damage or injury caused by SCE to the surface of the Easement Strip and adjacent portions of the City’s Subject Rights of Way in connection with SCE’s exercise of its rights under the Easement. Further, SCE agrees that it shall restore said excavated or damaged areas to as good a condition as existed before such damage occurred.

Section 11. Future Vacation or Abandonment of Easement Strip. Section 11 provides that the Easement and rights granted to SCE shall not be affected, limited or compromised by any future vacation or abandonment of the City’s rights in the right of way of which the Easement Strip is a part.

Section 12. Successors and Assigns. Section 12 provides that the terms, covenants, and conditions of this Easement shall bind and inure to the benefit of the heirs and assigns of the City and the successors and assigns of SCE.

Section 15. Termination of Easement. Section 15 provides that the Easement will be of no force and effect in the event RTRP is not constructed consistent with Alternative 1. It also provides that within a reasonable period after the Effective Date, but in any event no less than thirty-six (36) months after the Effective Date, if SCE has not made substantial progress in support of the construction of the RTRP consistent with Alternative 1, the City may request the termination of this Easement by notice given as provided in the Easement Agreement. SCE is required to meet and confer with the City with respect to the City’s request no later than thirty (30) days after notice is given. If the City does not withdraw its request after meeting Exhibit “1” − Page 9
and conferring with SCE, the Parties will resolve the City’s request by following the dispute resolution provisions in Section 16 below.

Section 16. Dispute Resolution. The dispute resolution provisions are set forth in Section 16. • Under Section 16, the Parties agree to attempt initially to resolve any disputes or controversies arising under, out of or in connection with this Easement by conducting good faith negotiations. Either Party may initiate such negotiations by sending notice under Section 14 to the other Party advising of the nature of the dispute and requesting to meet and confer regarding same. The Parties are required to meet and confer with respect to the dispute no later than thirty (30) days after such notice is given. • After this initial meet and confer, if the Parties are unable to settle the dispute between themselves, either Party may submit the dispute to the CPUC’s alternative dispute resolution (“ADR”) program for assistance in resolving the dispute. In the event that participation in the CPUC’s ADR program does not successfully resolve the dispute, either Party may petition the jurisdiction of the CPUC to definitively resolve the dispute by filing a Petition for Modification pursuant to CPUC Rule of Practice and Procedure

16.4 and consistent with Section 12 of CPUC Decision 20-03-001 (A.15-04-013), and the other Party shall not object to the CPUC’s jurisdiction for resolving such a dispute.

The Parties agree to accept the ultimate determination of the CPUC as final and binding, including but not limited to any specific performance directed by the CPUC. • If the CPUC declines jurisdiction to resolve the dispute, then either Party may seek relief in a California court of competent jurisdiction. Each Party shall bear its own costs, expenses, and attorneys’ fees in connection with the resolution of any dispute arising under, out of or in connection with this Easement.

Page | 1
120

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PETER M. THORSON, CITY ATTORNEY
SUBJECT: AGENDA ITEM NO. 17.D

REAFFIRM DECLARATION OF LOCAL EMERGENCY BASED ON
COVID-19 PANDEMIC INCLUDING A FINDING THAT EVICTION

MORATORIUM AND WATER, GAS, CABLE AND ELECTRIC SHUT -

OFF MORATORIUM ARE NOW GOVERNED BY STATE LAW AND ARE

THEREFORE NOT NECESSARY AND MAKE FINDINGS AUTHORIZING

CITY COUNCIL AND CITY LEGISLATIVE BODIES TO MEET IN WHOLE

OR IN PART BY TELECONFERENCING UNDER GOVERNMENT CODE
SECTION 54953(e) DURING THE LOCAL EMERGENCY

RECOMMENDATION
1) That the City Council adopt Resolution No. 2022-07, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE COVID -19 VIRUS PANDEMIC AND
MODIFYING REGULATIONS TO DEAL WITH COVID -19 PANDEMIC

INCLUDING A FINDING THAT EVICTION MORATORIUM AND WAT ER,

GAS, CABLE AND ELECTRIC SHUT -OFF MORATORIUM ARE NOW

GOVERNED BY STATE LAW AND ARE THEREFORE NOT NECESSARY
2) That the City Council adopt Resolution No. 2022-08, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF ALL CITY

LEGISLATIVE BODIES TO BE HELD WITH A TELECONFERENCE OPTION

FOR MEMBERS OF THOSE BODIES AND THE PUBLIC PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS AND

DETERMINATIONS REGARDING THE SAME

RETURN TO AGENDA
Page | 2

BACKGROUND

On March 19, 2020, the City Council adopted Resolution No. 2020 -10 proclaiming the existence of a local emergency in response to the COVID-19 pandemic. The City Council has reaffirmed the declaration of a local emergency and modified its provisions on a regular basis since that time.

The major provisions of the Local Emergency included: 1) a moratorium on evictions (adopted as Ordinance No. 2020-03) if the tenant was unable to pay rent due to economic problems caused by the COVID -19 Pandemic, such as j ob loss, reduced hours, or the COVID-19 illness of the tenant or a person or family member; 2) a moratorium on water, gas, cable and electric shut -offs where the customer was unable to pay their bill due to economic problems caused by the COVID-19 Pandemic such as job loss, reduced hours, or the COVID -19 illness of a person or family member; and 3) establishment of the “COVID-19 Stimulus Program” later implemented as part of the Community Development Block Grant special program for business assistance.

Establishing the City moratorium on evictions and the moratorium on water, gas, cable and electric shut-offs under the City’s Local Emergency declaration provided substantial benefits to the people of Jurupa Valley during the Pandemic. Since initiation of the se programs, however, the State and federal governments have adopted legislation and regulations that supersede the City’s programs and provide enhanced benefits for the people of Jurupa Valley.

At the beginning of the COVID -19 Pandemic, the Governor iss ued an Executive Order allowing the City Council and other City legislative bodies to conduct their meetings, in whole or in part, by telephone or other electronic means. This Executive Order expired but the legislation was approved that would allow City Council and commission meetings to be conducted by telephone or other electronic means if certain findings are made and certain procedures to provide for public comment are followed. Given the recent surge in COVID-19 cases, Staff recommends that the City Council adopt a resolution making these findings so that the authority to conduct a meeting by telephone or other electronic means just in case some or all members of the Council are not able to participate in an in-person meeting.

ANALYSIS

Residential and Commercial Eviction Moratorium.

The Local Emergency regulations and Ordinance No. 2020-03 provided for a moratorium on residential and commercial evictions arising from non-payment of rent due to economic hardships caused by COVID-19, such as job loss, reduced hours, or the COVID-19 illness of the tenant or a person or family member. The adoption of Chapter 37 of 2020 (AB 3088), Chapter 2 of 2021 (SB 91), Chapter 5 of 2021 (AB 81), and Chapter 27 of 2021 (AB 832) now govern and supersede the provisio ns of Ordinance No. 2020 -03 with respect to residential evictions. Additionally , this legislation also provides substantial Page | 3

funds to enable tenants to repay past due rents. Based on these factors, the moratorium on evictions is no longer necessary to pro tect the health, safety and general welfare of the community and the Local Emergency is deemed to have expired with respect to the eviction moratorium. Section 2(d) of Ordinance No. 2020 -03, regarding tenant’s liability for and repayment of rent, would, however, shall remain in effect for six months pursuant to its terms and subject to State law.

Utility Shut Off Moratorium.

The Local Emergency regulations called for a moratorium on the discontinuation or shut- off of water, gas, cable, or electrical serv ice by private or public utilities for residential, commercial, and industrial accounts in the City for non-payment of bills due to economic hardship caused by COVID -19. This moratorium is no longer necessary to protect the health, safety and general welfare of the people in Jurupa Valley because State laws and regulations and California Public Utilities Commission regulations have been enacted to protect customers of water, gas, cable, or electrical service providers. These laws and regulations supersede the City’s regulations under the Local Emergency declaration.

Therefore, the moratorium on discontinuation or shut-off of water, gas, cable, or electrical service by private or public utilities for residential, commercial, and industrial accounts in the City for non-payment of bills due to economic hardship caused by COVID -19 under the Local Emergency can be terminated as unnecessary.

COVID-19 Stimulus Program.

On June 4, 2020, the City Council adopted Resolution No. 2020 -41 amended the City's 2018-2022 C DBG Consolidated Plan and allocated $702,928.00 in Community Development Block Grant -Coronavirus funds authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) that became effective on March 27, 2020. This program provides for small businesses assistance, homelessness prevention, emergency shelter, and services for low -moderate income persons in response to the COVID -19 pandemic.

Conduct of Meetings by Teleconferencing and Other Electronic Means.

At the beginning of the COVID -19 Pandemic, the Governor issued an Executive Order allowing the City Council and other City legislative bodies to conduct their meetings, in whole or in part, by telephone or other electronic means. This Executive Order expired but the Legislature adopted Cha pter 165 of 2021 (AB 361) that allows meetings of a legislative body such as the City Council or commissions to be conducted by telephone or other electronic means if certain findings are made concerning an emergency and certain procedures providing for public comment are followed.

A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. Although the agency may still ask for public

RESOLUTION NO. 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , CALIFORNIA, RECONFIRMING THE

EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE
COVID-19 VIRUS PANDEMIC AND MODIFYING REGULATIONS
TO DEAL WITH COVID -19 PANDEMIC INCLUDING A FINDING

THAT EVICTION MORATORIUM AND WATER, GAS, CABLE AND

ELECTRIC SHUT-OFF MORATORIUM ARE NOW GOVERNED BY

STATE LAW AND ARE THEREFORE NOT NECESSARY

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:

Section 1. Recitals. The City Council finds, determines and declares that:
(a) Government Code § 8630 and Jurupa Valley Municipal Code Chapter 2.30 provide that the City Council of the City of Jurupa Valley may proclaim the existence of a local emergency as defined by Government Code § 8558, subdivision (c). (b) In Dece mber 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease n ow known as COVID -19), was identified and has impacted countries throughout the world, including the United States. Since that time variants of the virus have been identified.
(c) Since the federal Centers for Disease Control and Prevention (“CDC”) confirmed the first possible case of community spread of COVID-19 in the United States on February 26, 2020, there have significant domestic cas es, hospitalizations and deaths from COVID -19 occurring in California and the United States . At times the number of cases, hospitalization s and deaths have gone down only to rise again. Currently California is experiencing an increase in the number of cases, hospitalizations and deaths related to COVID-19. (d) On March 4, 2020, the Governor of the State of California, proclaimed a state of emergency to exist in California due to the spread of COVID-19. (e) On March 13, 2020, the President of the United States determined that the ongoing Coronavirus Disease 2019 (COVID-19) pandemic is of sufficient severity and magnitude to warrant an emergency determination under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207.
(f) The Governor o f California has issued several Executive Orders making certain findings and issuing emergency orders to deal with COVID -19 pandemic. These Executive Orders are listed and updated continuously at https://www.gov.ca.gov/category/executive-orders/.

More Executive Orders and modifications to existing Executive Orders are expected. (g) The California Department of Public Health has reported significant number of COVID-19 cases, hospitalizations and deaths in the state between March 2020 and November 2021 with the number of cases trending down and the number of vaccinations against COVID -19 increasing. However, State Health Officials are also noticing a recent increase in the number of COVID-19 cases with the “delta variant” and “omicron variant” beginning in December 2021. The number of cases and deaths are reported and updated at
https://www.cdph.ca.gov/programs/cid/dcdc/pages/immunization/ncov2019.aspx. (h) The Riverside County Public Health Officer has reported significant number of COVID-19 cases, hospitalizations and deaths in the state between March 2020 and November 2021 with the number of cases trendin g down and the number of vaccinations against COVID -19 increasing. However, Riverside County Public Health Officer is also noticing a recent increase in the number of COVID -19 cases with the “delta variant” and “omnicron variant” beginning in December 20 21. The number of cases and de aths are reported and updated at https://www.rivcoph.org/coronavirus.
(i) The Riverside County Public Health Officer issued numerous Health Orders making certain findings and is suing emergency orders to deal with COVID -19 pandemic. The Riverside County Health Officer’s Orders are listed and updated continuously at https://www.rivcoph.org/coronavirus. Most of the Health Orders have been repealed or substantially modified. In the event conditions changes additional Health Orders are expected. (j) Based on the above findings, there are conditions that are or likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat.
(k) The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successf ully responding to COVID-19.
(l) The City Council finds that these conditions warrant and necessitate that the City reaffirm and proclaim the existence of a local emergency. (m) On March 19, 2020, the City Co uncil adopted Resolution No. 20 20-10 proclaiming the existence of a local emergency in response to the COVID-19 pandemic and the City Council has reaffirmed that declaration of a local emergency on a regular basis since that time. As used in this Resolution the “Local Emergency” means the local emergency declared by the Ci ty Council in Resolution No. 2020-10, reaffirmed in Resolution Nos. 2020-11, 2020-21, 2020-35, 2020- 42, 2020-70, 2021-14, 2021-28, 2021-55 and this Resolution, as the findings and resolutions may be reviewed, reaffirmed and expanded as provided by law, and shall terminate upon adoption by the Council of a resolution terminating the local emergency in whole or in part.

Section 2. Proclamation of Local Emergency. Based on the findings set forth above, the City Council of the City of Jurupa Valley hereby proclaims that a local emergency now exists throughout the City of Jurupa Valley and reaffirms the proclamation of a local emergency as set forth in Resolution Nos. 2020 -10 as reaffirmed and modified . During the existence of the Local Emergency, the following regulations shall apply:
(a) City Manager Powers. The powers, functions, and duties of the City Manager and the emergency organization of this City shall be those prescribed by state law, by ordina nces, and resolutions of this City, and by the approved emergency plans of the City of Jurupa Valley. (b) Continuation of Local Emergency. The local emergency shall be deemed to continue to exist until its termination is proclaimed by resolution of the City Council of the City of Jurupa Valley in whole or in part.
(c) Review of Local Emergency. The City Council shall endeavor to review this local emergency pr oclamation at least every sixty (60), or the next regular City Council Meeting following the expiration of the 60-day period, and shall terminate the emergency proclamation at the earliest possible date the conditions warrant . Statutory periods for the review and reaffirmation of local emergencies in Government Code Section were waived by the Governor’s State of Emergency Declaration issued on March 4, 2020.
(d) Utility Shut Off Moratorium No Longer in Effect. The Local Emergency regulations called for a moratorium on the discontinuation or shut -off of water , gas, cable, or electrical service by private or public utilities for residential, commercial, and industrial accounts in the City for non-payment of bills due to economic hardship caused by COVID-19. This moratorium is no longer necessary to protect the health, safety and general welfare of the people in Jurupa Valley because State laws and regulations that supersede City ordinances and regulations have been enacted to protect customers of water, gas, cable, or electrical service providers and is, therefore, hereby terminated.
(e) Residential and Commercial Eviction Moratorium No Longer in Effect. The Local Emergency regulations and Ordinance No. 2020 -03 adopted on March 26, 2020 provided for a moratorium on residential and commercial evictions due to non -payment of rent due to economic hardships caused by COVID-19. The adoption of Chapter 37 of 2020 (AB 3088), Chapter 2 of 2021 (SB 91), Chapter 5 of 2021 (AB 81), and Chapter 27 of 2021 (AB 832) now govern and supersede the provisions of Ordinance No. 2020 -03. Additionally this Legislation als o provides substantial funds to enable tenants to repay past due rents. Based on these factors, the moratorium on evictions is no longer necessary to protect the health, safety and general welfare of the community and the Local Emergency is deemed to have expired with respect to the eviction moratorium and is, therefore, terminated, provided, however, that Section 2(d) of Ordinance No. 2020 -03, regarding tenant’s liability for and repayment of rent shall remain in effect for six (6) months from the date of this Resolution pursuant to its terms and subject to State law.

Section 3. Ratification of City Manager’s Actions. The City Council hereby ratifies the actions of the City Manager taken pursuant to the Local Emergency.

Section 4. Further Actions. The City Manager shall: Forward a copy of this Resolution to the Director of California Governor’s Office of Emergency Services ; request the Governor of California, pursuan t to the Emergency Services Act issue a proclamation decla ring an emergency in Riverside County and waive regulations that may hinder response and recovery efforts; request that recovery assistance be made available under the California Disaster Assistance Act; and request that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
-5-
12774-0154\2610498v1.doc

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-07 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY , CALIFORNIA, AUTHORIZING PUBLIC

MEETINGS OF ALL CITY LEGISLATIVE BODIES TO BE

HELD WITH A T ELECONFERENCE OPTION FOR

MEMBERS OF THOSE BODIES AND THE PUBLIC
PURSUANT TO GOVERNMENT CODE SECTION 54953(e ),

AND MAKING FINDINGS AND DETERMINATIONS

REGARDING THE SAME

THE CITY COUNCIL OF THE CITY OF JURUPA V ALLEY DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby find, determine and declare that:
(A) City Council is committed to public access and participation in its meetings and the meetings of all City legislative bodies while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19 and to support physical distancing during the COVID-19 pandemic.
(B) All meetings of the City Council and other City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.), so that any member of the public may attend, participate, and w atch the City Council and other City legislative bodies conduct their business.
(C) Pursuant to Chapter 165 of the Statutes of 2021 ( Assembly Bill 361 ) legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:
1) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whe ther as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (d) The Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than six feet apart from others for longer periods of time; (e) Due to the ongoing COVID -19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council and all City legislative bodies intend to hold public meetings with an option for members of those bodies and the public to attend by teleconference pursuant to Government Code Section 54953(e) based on the following findings:
1) The declared emergency is still i n effect. On March 4, 2020, the Governor declared a State of Emergency in California in response to the COVID-19 pandemic (the “Emergency”). On March 20, 2020, the City Council adopted Resolution No. 2020-10 declaring a Local Emergency related to the COVID-19 Pandemic, which Local Emergency has been reaffirmed since that time, including the adoption of Resolution No. 2022-07 on January 20, 2022. 2) California State Department of Public Health and Riverside County have each recommended measures to promote so cial distancing. Thus, the California Division of Occupational Safety and Health still requires that employers provide training on the effectiveness of physical distancing in the workplac e. Additionally, the Riverside County Department of Public Health still encourages people at risk for severe illness or death from COVID -19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing. (f) Staff will also present these findings on a monthly basis thereafter should the above-mentioned conditions continue.

Section 2. The City’s legislative bodies shall continue to hold meetings during the Emergency .

The City Council and all of the City’s legislative bodies shall have the option to conduct their meetings pursuant to Government Code Section 54953(e).

Section 3. Staff is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.

Section 4. The City Council will reconsider the above findings within thirty days of adoption of this Resolution.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
-4-
12774-0001\2610639v1.doc

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-08 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

Page | 1
120

STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 17.E

AUTHORIZING THE TRANSITION OF THE CITY'S DEFINED

CONTRIBUTION PLAN FOR ELIGIBLE EMPLOYEES FROM PUBLIC

AGENCY RETIREMENT SERVICES (PARS) TO THE MISSIONSQUARE/

ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT -

SHARING PLAN & TRUST

RECOMMENDATION
1) That the City Council adopt Resolution No. 2022-09, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CA AUTHORIZING THE TRANSITION OF THE CITY'S DEFINED

CONTRIBUTION PLAN FO R ELIGIBLE EMPLOYEES FROM PUBLIC

AGENCY RETIREMENT SERVICES (PARS) TO THE ICMA R ETIREMENT

CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST

BACKGROUND
As the City of Jurupa Valley continues to hire full time staff in lieu of contracted employees for a number of positions, it has led to the necessity for the City Council to consider salaries and benefits commensurate with the regional market for public employees. One of the major benefits to consider is ensuring our retirement program is competitive to recruit and retain quality employees.

In August 2015, the City Council decided to pursue a defined contribution program offered by Public Agency Retirement Services (PARS), which on behalf of the employee the City contribution is 7% for Full Time and 7.5% for Part Time eligible employees.

Although the partnership with PARS Defined Contribution Plan has commendable, the City Manager authorized Shuster A dvisory Consultant Group, LLC to market other retirement plans for review. As a result, eligible plan participants will receive an improved interest rate for the new 401 (A) plan with MissionSquare/ICMA-RC. See Exhibit 1.

RETURN TO AGENDA

Page | 3

Attachments:

1. Plan Improvement Summary Sheet completed by Shuster Advisory Consultant Group, LLC

2. Resolution authorizing MissionSquare/ICMA-RC Agreement

3. MissionSquare/ICMA-RC Agreement for Administrative Services City of Jurupa Valley 457(b) and 401(a) Plan Improvements

1. Recordkeeping cost reduction
a. Reduction of 86% for 457(b) Plan
b. Reduction of 79% for 401(a) Plan

2. Overall cost reduction (including Shuster advisory fee) a. Reduction of 42% for 457(b) Plan
b. Reduction of 33% for 401(a) Plan

3. Fee transparency for sponsors and participants

4. Shuster investment fiduciary, consulting, and negotiation services Shuster Advisory Group, LLC

5. Increase in stable value crediting rate

6. Revenue sharing eliminated – All participants
treated/charged equally

7. Enhanced investment menu
a. Comprehensive
b. Institutional mutual fund share classes
c. High quality
d. Additional asset classes
i. Addition of low-cost index options
ii. Expanded international investments
iii. Expanded Specialty Funds (Healthcare,
Technologies, Utilities)
1 – The Fund expense for the John Hancock menu is a simple average fund expense as investment allocation was not provided. 2 - RPAG scores are as of 9/30/2021. Fi360 and Morningstar ratings are as of 10/31/2021. Morningstar ratings are 5- year unless unavailable then longest year available rating used. RPAG scores are based on a 0 -10 scale (10 is best), Fi360 scores are based on a 100- 0 scale (0 is best), Morningstar rat ings are based on a 1-5 scale (5 is best).

-1-

RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIF ORNIA, AUTHORIZING THE

TRANSITION OF THE CI TY'S DEFINED CONTRIB UTION

PLAN FOR ELIGIBLE EM PLOYEES FROM PUBLIC

AGENCY RETIREMENT SE RVICES (PARS) TO THE

MISSIONSQUARE/ICMA R ETIREMENT CORPORATIO N

GOVERNMENTAL PROFIT-SHARING PLAN & TRUST

WHEREAS, the Employer has employees rendering valuable services; and

WHEREAS, the City currently participates in the City of Jurupa PARS Defined Contribution Plan, effective October 1, 2015; and

WHEREAS, the City has selected MissionSquare (formerly ICMA-RC) as the new provider and wishes to terminate all services, administration, and investment contracts of Public Agency Retirement Services (PARS) as Trust Administrator, U.S. Bank, N.A. as Trustee, and John Hancock Retirement Services as Custodian/Record Keeper; and

WHEREAS, the Employer desires that its profit-sharing retirement plan be administered by MissionSquare/ICMA-RC and that the funds held in such plan be investe d in VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans:

NOW THEREFORE BE IT RESOLVED that the Employer hereby restates and establishes a profit-sharing retirement plan (the “Plan”) in the form of The MissionSquare/ICMA Retirement Corporation Governmental Profit -Sharing Plan & Trust, pursuant to the specific provisions of the Adoption Agreement; and

The Plan shall be maintained for the exclusive benefit o f eligible employees and their beneficiaries; and

BE IT FURTHER RESOLVED that the Employer hereby adopts the Declaration of Trust of VantageTrust, intending this adoption to be operative with respect to any retirement or deferred compensation plan subsequ ently established by the Employer, if the assets of the plan are to be invested in VantageTrust; and

BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in VantageTrust; and

BE IT FURTHER RESOLVED that the City Manager is the Plan Administrator and the Human Resources and Risk/Safety Manager is the Coordinator for the Plan; and shall receive reports, and notices, etc., from MissionSquare/ICMA Retirement Corporation or VantageTrust; shall cast, on behalf of the Employer, any required votes under VantageTrust; may delegate any administrative duties -2-

relating to the Plan to appropriate departments; and
BE IT FURTHER RESOLVED that the Employer hereby authorizes the City Manager and Human Resources & Risk/Safety Manager to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan; and

BE IT FURTHER RESOLVED that the City of Jurupa Valley PARS Defined Contribution Plan is hereby replaced with the City of Jurupa Valley 401(a) Defined Contribution Plan administered by MissionSquare effective March 2, 2022; and

BE IT FURTHER RESOLVED that Council hereby authorizes the liquidatio n of Plan assets on February 28, 2022, and the transfer of assets to MissionSquare/VantageTrust, on or around March 2, 2022; and

BE IT FURTHER RESOLVED that upon the complete and successful transfer of all assets to MissionSquare/VantageTrust, PARS is hereby removed as Trust Administrator, U.S. Bank, N.A. is hereby removed as Trustee, and John Hancock Retirement Services is hereby removed as Custodian/Record Keeper of the City of Jurupa Valley PARS 401(a) Defined Contribution Plan and any accounts and agre ements associated with the Trust Administrator, Trustee, and Custodian/Recordkeeper shall be terminated.

PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.

Chris Barajas
Mayor

ATTEST:

Victoria Wasko, CMC
City Clerk
-3-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-09 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.

Victoria Wasko, City Clerk
City of Jurupa Valley

ADMINISTRATIVE SERVICES AGREEMENT

for

City of Jurupa Valley

Type: 457

Account #: 307290

Type: 401

Account #: 100284

MissionSquare Retirement Agreement 1 of 15

ADMINISTRATIVE SERVICES AGREEMENT

This Administrative Services Agreement (“Agreement”), made as of this day, (please enter date) _________ ___________________________, (herein referred to as the "Inception Date"), between the International City Management Association Retirement Corporation doing business as MissionSquare Retirement (“MissionSquare”), a n onprofit corporation organized and existing under the laws of the State of Delaware, and the City of Jurupa Valley (“Employer”), a n Entity organized and existing under the laws of the State of California with an office at 8930 Limonit e Avenue , Jurupa Valley , California 92509 .

RECITALS

Employer acts as public plan sponsor of a retirement plan (“Plan”), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan;

VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81 -100, 1981 -1 C.B. 326, which provides for the commingled investment of retireme nt funds ;

MissionSquare, or its wholly owned subsidiary, acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust;

MissionSquare has designed, and VantageTrust Company offers, a series of separate funds (the “Funds”) for the investment of plan assets as referenced in the Funds’ principal disclosure documents, the Disclosure Memorandum and the Fact Sheets (together, “MSQ Disclosures”) ; and

MissionSquare provides a range of services to public employers for the operation of emp loyee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, and benefit disbursement.

MissionSquare Retirement Agreement 2 of 15

AGREEMENTS

1. Appointm ent of MissionSquare

Employer hereby appoints MissionSquare as administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by MissionSquare shall be those set forth in Exhibit A to this Agreement.

2. Adoption of VantageTrust

Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust.

Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the MSQ Disclosures or Employer Bulletins) as those terms and conditions may be adjusted from time to time.

3. Exclusivity Agreement

Employer agrees that for the initial or succeeding term of this Agreement specified in Section 11, so long as MissionSquare continues to perform in all material respects the services to be performed by it under this Agreement, Employer shall not obtain plan administration from anyone other than MissionSquare. Employer acknowledges that MissionSquare has agreed to the compensation to be paid to MissionSquare under this Agreement in the expectation that MissionSquare will be able to offset costs allocable to performing this Agreement with revenues arising from Employer's exclusive use of MissionSquare at the rates provided herein throughout the initial or succeeding term.

4. Employer Duty to Furnish Information

Employer agrees to furnish to MissionSquare on a timely basis such information as is necessary for MissionSquare to carry out its responsibilities as Administrator of the Plan , including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify MissionSquare in a timely manner regarding ch anges in staff as it relates to various roles. Such notification is to be completed through the plan sponsor website . MissionSquare shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Emp loyer or any information relating to an individual participant or beneficiary that is

MissionSquare Retirement Agreement 3 of 15
f urnished by such participant or benef iciary, and Missio nSq uare sha ll no t b e re sp o nsib le fo r any e rro r arising fro m its re liance o n such info rm atio n.

Missio nSq uare will provide reports, statements and account information to the Employer through the plan sponsor website .

Employer is required to send in contributions through the plan sponsor website .

A l ternati v e el ectroni c methods may be al l owed but must be approv ed by Missio nSq uare f or use. Contributions may not be sent through paper submittal documents.

T o the ex tent E mpl oy er sel ects thi rd -party funds that do not have f und prof ile i nf ormati on prov i ded to Missio nSq uare through electronic data feeds from external sourc es (such as Morningstar) or third -party f und providers, the Em p lo ye r is re sp o nsib le fo r p ro vid ing to Missio nSq uare tim e ly fund inve stm e nt up d ate s fo r d isclo sure to Plan p articip ants. Such updates may be provided to Missio nSq uare through the Employer’ s investment consultant or other desi gnated representati v e.

5. Missio nSq uare R epresentations and Warranties

Missio nSq uare represents and warrants to Employer that:

(a ) Missio nSq uare is a no n -p ro fit co rp o ratio n with full p o we r and authority to enter into this Agreement and to perform its obligations under this Agreement. The ab ility o f Missio nSq uare , or its who lly o wne d sub sid iary, to se rve as inve stm e nt ad vise r to V antageT rust Compan y is dependent upon the continued willingness of V antageT rust Company f or Missio nSq uare , o r its who lly o wne d sub sid iary, to se rve in that ca p acity.

(b ) Missio nSq uare i s an i nv estment adv i ser regi stered as such wi th the U.S. Securities and Exchange Commission under the I nvestment Advisers Act of 1940, as amended.

(c)(i) Missio nSq uare shall maintain and administer the 457(b) Plan in accordance with the requirements fo r e lig ib le d e fe rre d compensation plans under Section 457 of the I nternal R evenue Code and other appl i cabl e f ederal l aw; prov i ded, howev er, that Missio nSq uare shall no t b e re sp o nsib le fo r the e lig ib le status o f the 457(b) Plan in the event that the Employer d ire cts Missio nSq uare to administer the 457(b) Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the 457(b) Plan not to be carried out in accordance with its terms. Further, in the event that the Em p lo ye r use s its o wn customized plan document, Missio nSq uare shall not be

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responsi bl e f or the el i gi bl e status of the 457( b) Pl an to the ex tent af f ected by terms i n the E mpl oy er’ s pl an document that di f f er f rom those in Missio nSq ua re ’s m o d e l p lan d o cum e nt. Missio nSq uare shall no t b e re sp o nsib le fo r m o nito ring state o r lo cal law a p p licab le to retirement plans or f or administering the 457(b) Plan in co m p liance with lo cal o r state re q uire m e nts re g ard ing p lan ad m inistratio n unle ss Em p lo ye r no tifie s Missio nSq uare of any such lo cal o r state re q uire m e nts.

(c)(ii) Missio nSq uare shall maintain and administer the 401(a) Plan in accordance with the requirements f or plans which satisf y the qualif ication requirements of Section 401 of the I nternal R evenue Code and other a p p licab le fe d e ra l law; p ro vid e d , ho we ve r, Missio nSq uare shall not be responsible for the qualif ied status of the 401(a) Plan in the event that the Employer directs
Missio nSq uare to administer the 401(a) Plan or disburse assets in a manner inconsistent wit h the requirements of Section 401 or otherwise causes the 401(a) Plan not to be carried out in accordance with its terms; provided, f urther, that if the plan document used by the Employer contains terms that differ from the te rm s o f Missio nSq ua re's m o d e l plan document, Missio nSq uare shall not be responsible f or the qualif ied status of the 401(a) Plan to the ex tent af f ected by the di f f eri ng terms i n the E mpl oy er's pl an document. Missio nSq uare shall no t b e re sp o nsib le fo r m o nito ring state o r lo cal law ap p lic abl e to reti rement pl ans or f or ad m iniste ring the 401(a) Plan in co m p liance with lo cal o r state requirements regarding plan administration unless Employer no tifie s MissionSquare of any such local or state requirements.

6. Em p lo ye r R epresentations and W arranties

Employer represents and warrants to Missio nSq uare that:

(a ) Employer is organized in the f orm and manner recited in the opening paragraph of this Agreement with f ull power and authority to enter into and perform its obligations under this A greement and to act f or the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and p e rfo rm ance o f this Ag re e m e nt will no t co nflict with any law, rule , regulation or contract by which the Employer is bound or to which it is a p arty.

(b ) Employer understands and agrees that Missio nSq uare ’s s o le f unction under this Agreement is to act as recordkeeper and to p ro vid e ad m inistrative , inve stm e nt o r o the r se rvice s at the

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d ire ctio n o f Plan p articip ants, the Em p lo ye r, its a g e nts or desi gnees i n accordance wi th the terms of thi s A greement. U nder the terms of thi s A greement, Missio nSq uare does not render inve stm e nt ad vice , is neither the “Plan Ad m inistrato r ” nor “Plan Sponsor ” as those terms are def i ned under appl i cabl e f ederal , state, or l ocal l aw, and does not prov i de l egal , tax or accounti ng advice with respect to the creation, adoption or operation of the Plan and its re late d t rust . Missio nSq uare does not perf orm any service under this Agreement that might cause Missio nSq uare to be treated as a “ f iduciary” of the Plan under applicable law, except, and only, to the extent that Missio nSq uare prov i des i nv estment ad viso ry se rvice s to ind ivid ual p articip ants e nro lle d in Gui ded Pathways Ad viso ry Se rvice s.

(c) Employer acknowledges and ag rees that Missio nSq uare does not assum e any re sp o nsib ility with re sp e ct to the se le ctio n o r re te ntio n of the Plan’ s investment options. Employer shall have exclusive re sp o nsib ility fo r the Plan’s inve stm e nt o p tio ns, includ ing the se le ctio n o f the a p p licab le mutual f und share class. Where applicable, Employer understands that the Missio nSq uare R eti rement I ncomeAdvantage Fund is an investment option f or the Plan and that the f und invests in a separate account available through a group variable annuity contr act. By entering into this A greement, E mpl oy er acknowl edges that i t has recei v ed the I mportant Considerations document and the MSQ Disclo sure s and that it has read the inf ormation therein concerning the Missio nSq uare R eti rement I ncomeAdvantage Fund.

(d ) Em pl oy er acknowl edges that certai n such serv i ces to be perf ormed by Missio nSq uare under thi s A greement may be perf ormed by an af f iliate or agent of MissionSquare pursuant to one or more other contractual arrangements or relationships, and that Missio nSq uare reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer.

(e ) Em p lo ye r a p p ro ve s the use o f its Plan in Missio nSq uare ex ternal m e d ia, p ub licatio ns and m ate rials. Exa m p le s includ e p re ss releases announcements and inclusion of the general plan i nf ormati on i n request f or proposal responses.

7. Particip atio n in Ce rtain Pro ce e d ing s

T he E mpl oy er hereby authori z es MissionSquare to act as agent, to appea r o n its b e half, a nd to jo in the Em p lo ye r a s a ne ce ssary p arty in all le g al p ro ce e d ing s

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involving the garnishment of benefits or the transf er of benef its pursuant to the d ivo rce o r se p aratio n o f p articip ants in the Plan. Unle ss Em p lo ye r no tifie s Missio nSq uare otherwi se, E mpl oy er consents to the di sbursement by Missio nSq uare of benef i ts that hav e been garni shed or transf erred to a f ormer spouse, current spouse, or child pursuant to a domestic relations order or child support order.

8. Compensation and Payme nt

(a) Participant Fees. Plan participant accounts shall be assessed an asset-based fee to cover the costs of record -keeping and other services provided by MissionSquare, and other costs associated with the Plans as directed by the Employer. The Employer shal l work with MissionSquare to determine the appropriate amount of the gross asset -based fee to be charged to participant accounts, which may be increased or decreased from time to time at the direction of the Employer. At the inception of this Agreement the participant fee shall be 0.15%.

(b) Revenue Requirement. MissionSquare shall receive total annual aggregate revenue of 0.15% of Plan assets under MissionSquare’s administration for providing recordkeeping and other services to the Plans. Such revenue shall be deducted by MissionSquare from amounts collected through the application of the asset -based fee described in section 8(a) prior to allocation of any participant level asset-based fees to the Administrative Allowance Account described is section 8(c) below.

(c) Administrative Allowance Account. Amounts collected through the application of the asset -based fee described in section 8(a) above in excess of the Revenue Requirement specified in subsection 8(b) above, if any, shall be held in an Administrative Allowance Account for each Plan (that is maintained as a Plan asset by MissionSquare). Employer understands that the Plan
administrative allowance is to be used only to pay for reasonable plan administr ative expenses of the Plan or allocated to Plan participants at the instruction of the Employer.

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Em p lo ye r d ire cts Missio nSq uare to p ay the Plan’s co nsultant fe e as fo llo ws:

Fee
Amount
$10,000 per year, invoiced monthly and
spread pro -rata across participant accounts
in plan 302021, and plan 100284 , and any
f uture plans added f or Employer
Payee Shuster Advisory Group, L L C
Frequency Monthly , in arrears, to be paid within 30
day s af ter the end of the month

The p aym e nt will b e m ad e o nly fro m the a b o ve-ref erenced Pl an’ s Administrative Allowance Account. Should the amount in the Plan’s Ad m inistrative Allo wance Acco unt b e insufficie nt to co ve r the f ee due, MissionSquare will seek written instruction f rom the Plan or Plan Sponsor as to the amount to pay the consultant. For processing purposes, the consultant may submit an invoice to M i ssi onSquare f or pay ment of the f ee; prov i ded, howev er, that MissionSquare will pay the consultant only as set f orth above. T he consultant shall have no authority to calculate the f ee amount, change the f requency of the payment, or change the payee.

Employer acknowledges and agrees that, f or the purposes of these payments, MissionSquare is acting as the agent of the Plan.

Em p lo ye r also ackno wle d g e s that in fo llo wing its d ire ctio n MissionSquare is not exercising any discretion regarding whether the above f ee payment is an appropriate or reasonable use of Plan f unds. Acco rd ing ly, Em p lo ye r ag re e s to ho ld Missio nSq uare harmless from adverse consequences that may result from making such payments.

(d ) Revenue Received from Investment Options. Nei ther Missio nSq uare no r the Em p lo ye r shall re tain re co rd ke e p ing rev enue recei v e d d ire ctly fro m inve stm e nt o p tio ns m ad e availab le under the Pl an. M i ssi onS quare shal l be compensated f rom f ees collected f rom participant accounts through the application of the asset -based f ee descri bed i n secti on 8 (a) above. In the event that any Plan i nv estment opti ons do generate rev enue f rom pl an inve stm e nts, Missio nSq uare shall, as d ire cte d b y the Em p lo ye r, credit any and all revenue back to those participant accounts invested in the option in question.

(e ) Compensation for Management Services to Vantag eTrust, Compensation for Advisory and other Services to the VT III

MissionSquare Retirement Agreement 8 of 15
Vantagepoint Funds and Payments from Third -Party Mutual Funds . Employer acknowledges that, in addition to amounts payable under this Agreement, MissionSquare receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. Employer further acknowledges that MissionSquare, including certain of its wholly owned subsidiaries, receives compensation for advisory and other services furnished to the VT III Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that invests substantially all of its assets in a third -party mutual fund not affiliated with MissionSquare, MissionSquare or its wholly owned subsidiary receives payments from the third -party mutual fund families or their service providers in the form of 12b -1 fees, service fees, compensation for sub -accounting and other services provided based on assets in the underlying third -party mutual fund. These fees are described in the VT Disclosures and MissionSquare’s fee disclosure statement. In addition, to the extent that third party mutual funds are included in the investment line -up for the Plan, MissionSquare receives administrative fees from its third party mutual fund settlement and clearing agent for providing administrative and other services based on assets invested in third party mutual funds; such administrative fees come from payments made by thi rd party mutual funds to the settlement and clearing agent.

(f) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by MissionSquare. MissionSquare remits 100% of redem ption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund’s policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the VT Disclosures.

(g) Payment Procedures . All payments to MissionSquare pursuant to this Section 8 shall be made from Plan assets held by VantageTrust or received from third -party mutual funds or their service providers in connection with Plan assets invested in such third -party mutual funds, to the extent not paid by the Employer. The amount of Plan assets administered by MissionSquare shall be adjusted as required to reflect any such payments as are made from the Plan.

In the event that the Employer agrees to pay amounts owed pursuant to this Section 8 directly, any amounts unpaid and

MissionSquare Retirement Agreement 9 of 15
o utstand ing a fte r 30 d ays o f invo ice to the Em p lo ye r shall b e withdrawn from Plan assets.

The compensation and payment set f orth in this Section 8 are contingent upon the Employer’s use of MissionSquare’s plan sponsor website for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. The compensation in this Section 8 is also based on the assets of the Plan being invested in R10 shares of MissionSquare PLUS Fund and the Employer offering the MissionSquare PLUS Fund as the sole stable value option.

The compensation and payment set forth in this Section 8 are further co ntingent upon the transfer of all assets of the Plan(s) from the prior recordkeeper for the Plan(s) to MissionSquare’s administration in the approximate amount of $1.3 million . Employer further acknowledges and agrees that compensation and payment under th is Agreement shall be subject to re -negotiation in the event that there is a material difference between the assets and/or participants transferred to MissionSquare and the information provided from the Employer pursuant to the Request for Proposal.

The compensation and payment in this Section 8 will take effect the month the prior recordkeeper assets transfer or the month of which a fund lineup change is implemented and the receipt at a Delivery Address (defined below the signature line) of one fully executed copy of this Administrative Services Agreement .

Employer further acknowledges and agrees that compensation and payment under this Agreement shall be subject to re -negotiation in the event that the Employer (a) chooses to implement additional mu tual funds that neither (i) trade via NSCC nor (ii) meet MissionSquare’s daily trading operational guidelines or (b) chooses to implement investment options that are not mutual funds.

9. Contribution Remittance

Employer understands that amounts invested in the Plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer by MissionSquare and are not to be remitted to MissionSquare. In the event that any check or wire transfer is incorrectly labeled or transferred to MissionSquare, MissionSquare may return it to Employer with proper instructions.

MissionSquare Retirement Agreement 10 of 15

10. Ind e m nificatio n

Missio nSq uare shal l not be responsi bl e f or any acts or omi ssi ons of any person with respect to the Plan or its re late d trust , other than Missio nSq uare in connection with the administration or operation of the Plan. Employer shall ind e m nify Missio nSq uare against, and hold Missio nSq uare harmless from, any and all loss, damage, penalty, l iab ility, co st, and e xp e nse , includ ing witho ut lim itatio n, re a so nab le atto rne y’s fe e s, that m ay b e incurre d b y, im p o se d up o n, or asserted against Missio nSq uare by reason of any claim, regulatory p ro ce e d ing , o r litig atio n arising fro m any act d o ne o r o m itted to be done by any ind ivid ual o r p e rso n with re sp e ct to the Plan o r its rel ated trust , e xce p ting o nly any and all lo ss, d a m ag e , p e nalty, liab ility, co st o r e xp e nse re sulting fro m Missio nSq uare ’s ne g lig e nce , b ad faith, o r willful m isco nd uct.

11. Te rm

The term of this Agreement will extend three (3) years from the date of completion and reconciliation of the transition of assets of the Plan from the prior record keeper to MissionSquare. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. Notwithstanding the forgoing, the Employer may t erminate this Agreement at any time upon 60 days written notice to MissionSquare.

The
Employer understands and acknowledges that, in the event the Employer terminates this Agreement (or replaces the MissionSquare PLUS Fund of VantageTrust, as an investment option in its investment line -up), MissionSquare retains full discretion to release Plan assets invested in the MissionSquare PLUS Fund in an orderly manner over a period of up to 12 months from the date MissionSquare receives written notification from the Employer that it has made a final and binding selection of a replacement for MissionSquare as administrator of the Plan (or a replacement investment option for the MissionSquare PLUS Fund).

12. Amendments and A djustments

(a) This Agreement may be amended by written instrument signed by the parties.

(b) MissionSquare may modify this Agreement by providing 60 days’ advance written notice to the Employer prior to the effective date of such proposed modification . Such modification shall become effective unless, within the 60 -day notice period, the Employer notifies MissionSquare in writing that it objects to such modification .

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(c) T he parti es agree that enhancements may be made to admi ni strati v e services und er thi s A greement. T he E mpl oy er wi l l be noti f i ed of enhancements through the Employer Bulletin, quarterly statements, el ectroni c messages or speci al mai l i ngs. L i kewi se, i f there are any reductions in f ees, these will be announced through the Employer Bulletin, quarterly statement, electronic messages o r sp e cial m ailing .

13. No tice s

U nl ess otherwi se prov i ded i n thi s A greement, a ll no tice s re q uire d to b e del i v ered under thi s A greement shal l be i n wri ti ng and shal l be del i v ered, m aile d , e-m aile d or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereaf ter speci f y by noti ce to the other party .

MissionSquare : Legal Department, MissionSquare, 777 Nor th Capitol Street, N.E., Suite 600, Washington, D.C., 20002 -4240 Facsimile ; (202) 962-4601

Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e -mail address designated by the Employer to receive the same by written notice similarly given.

Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e -mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address.

14. Complete Agreement

This Agreement shall constitute the complete and full understanding and sole agreement between MissionSquare and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among t he parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect.

15. Titles

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T he headings of Sections of this Agreement and the headings f or each of the attached schedules are f or convenience only and do not def ine or limit the contents thereof.

16. I ncorporati on of Exhib its

All Exhib its (and any subsequent amendments thereto), attached hereto, and ref erenced herei n, are hereby i ncorporated wi thi n thi s A greement as i f set f orth fully he re in.

17. Governing L aw

T his Agreement shall be governed by and construed in accordance with the laws o f th e Sta te o f
California , applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions.

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I n Wi tness Whereof , the parti es hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused thi s A greement to be ex ecuted by thei r dul y authori z ed of f i cers as of the Inception Date first above written.

CITY OF JURUPA VALLEY

By ____________________________________________
Signature/Date

By ____________________________________________
Name and Title (Please Print)

THE INTERNATIONAL CITY MANAGEMENT

ASSOCIATION RETIREMENT CORPORATION
doing business as MISSIONSQUARE

RETIREMENT

By ___________________________________________
Erica McFarquhar
Authorized Representative

Please return an executed copy of the Agreement to a Delivery Address, either:
(a) Via DocuSign
(b) Electronically to ClientContracts_ICMA [email protected]

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Exhibit A

Administrative Services

The administrative services to be performed by MissionSquare under this Agreement shall be as follows:

(a) Participant enrollment services are provided online. Employees will enroll onli ne through a secure site or the Employer will enroll employees through the plan sponsor website .
(b) Establishment of participant accounts for each employee participating in the Plan for whom MissionSquare receives appropriate enrollment instructions. MissionSquare is not responsible for determining if such Plan participants are eligible under the terms of the Plan.
(c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offere d under the Plan.
(d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits.
(e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to MissionSquare through the participant website or the plan sponsor website ), beneficiary designation instructions and all other documents concerning each participant's account .
(f) Provision of periodic reports to the Employer through the plan sponsor website . Participants will have access to account information through Participant Services, Voice Response System, the participant website , and text access, and through quarterly statem ents that can be delivered electronically through the participant website or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan.
(h) Making available Participant Services Representatives through a toll -free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or MissionSquare are closed for business (including emergency closings)), to assist
participants.
(i) Making available access to MissionSquare’s website, to allow participants to access certain account information and initiate certain plan transactions at any time. The participant website is normally available 24 hours a day , seven days a week except during scheduled

MissionSquare Retirement Agreement 15 of 15
maintenance periods desi gned to ensure hig h-
q uality perf ormance. T he scheduled maintenance window is outlined at https://accountaccess.icmarc.org .
(j) Maintaining the se curity and co nfid e ntiality o f clie nt info rm ation through a system of controls including but not limited to, as appropriate:
restricting plan and participant information only to those who need it to provide services, software and hardware security, access controls, data back -up and storage procedures, non- disclosure agreements, security i nci dent response procedures, and audi t rev i ews.

(k) Making available access to Missio nSq uare ’ s plan sponsor web site to allo w p lan sp o nso rs to acce ss ce rtain p lan info rm atio n and initiate p lan transactions such as enrolling participants and managing contributions at any time. T he plan sponsor web site is no rm ally availab le 24 ho urs a day , sev en day s a week ex cept duri ng schedul ed mai ntenance p e rio d s desi gned to ensure hig h-q uality perf ormance. T he scheduled maintenance window currently is o utline d at http s:/ / e zlink.icm arc.o rg .
(l) Distribution of benef its as agent f or the Employer in accordance with terms of the Plan. Participants who have separated f rom service can request distributions through the p articip ant we b site or via form. (m ) U pon approv al by the E mpl oy er that a domesti c rel atio ns o rd e r is an acce p tab le q ualifie d d o m e stic re latio ns o rd e r und e r the te rm s o f the Plan, Missio nSq uare will establish a separate account record f or the alternate pay ee and prov i de f or the i nv estment and di str ibution of assets held there und er.
(n) Lo a n s m ay be made av ai l abl e on the terms speci f i ed i n the L oan Guidel ines, if l oans are adopted by the Empl oyer. Participants can request loans through the participant website .
(o ) Guid e d Pathways Ad viso ry Se rvice s – Missio nSq uare ’s p articip ant ad vice service, “ Fund Ad vice ” may be made available through a third -p arty v endor on the terms speci f i ed on Missio nSq uare ’ s website. (p ) Missio nSq uare will d e te rm ine ap p ro p riate d e live ry m e tho d (e le ctro nic and/or print) f or plan sponsor/participant communications and education base d on a number of f actors ( audi ence, ef f ecti v eness, etc.) .

Jurupa Valley City CouncilJanuary 20, 2022

Jurupa Valley City Council
January 20, 2022